[Congressional Record Volume 164, Number 50 (Thursday, March 22, 2018)]
[House]
[Pages H1769-H2027]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TARGETED REWARDS FOR THE GLOBAL ERADICATION OF HUMAN TRAFFICKING
Mr. FRELINGHUYSEN. Mr. Speaker, pursuant to House Resolution 796, I
call up the bill (H.R. 1625) to amend the State Department Basic
Authorities Act of 1956 to include severe forms of trafficking in
persons within the definition of transnational organized crime for
purposes of the rewards program of the Department of State, and for
other purposes, with the Senate amendment thereto, and ask for its
immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Targeted Rewards for the
Global Eradication of Human Trafficking'' or the ``TARGET
Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Trafficking in persons is a major transnational crime,
as recognized by the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7101 et seq.; division A of Public Law 106-
386).
(2) Trafficking in persons is increasingly perpetrated by
organized, sophisticated criminal enterprises.
(3) Combating trafficking in persons requires a global
approach to identifying and apprehending the world's worst
human trafficking rings.
(b) Sense of Congress.--It is the sense of Congress that
the Department of State's rewards program is a powerful tool
in combating sophisticated international crime and that the
Department of State and Federal law enforcement should work
in concert to offer rewards that target human traffickers who
prey on the most vulnerable people around the world.
SEC. 3. REWARDS FOR JUSTICE.
Section 36(k)(5) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2708(k)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``means'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses, as
redesignated, 2 ems to the right;
(3) by inserting before clause (i), as redesignated, the
following:
``(A) means--'';
(4) in clause (ii), as redesignated, by striking the period
at the end and inserting ``; and''; and
(5) by adding at the end following:
``(B) includes severe forms of trafficking in persons (as
defined in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102)) involving at least 1
jurisdiction outside of the United States.''.
Motion to Concur
Mr. FRELINGHUYSEN. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore (Mr. Hultgren). The Clerk will designate the
motion.
The text of the motion is as follows:
Mr. Frelinghuysen moves that the House concur in the Senate
amendment to H.R. 1625 with an amendment consisting of the
text of Rules Committee Print 115-66.
The text of the House amendment to the Senate amendment to the text
is as follows:
In lieu of the matter proposed to be inserted by the
Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2018''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2018
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2018
Title I--Departmental Management, Operations, Intelligence, and
Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--General Provisions
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2018
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Overseas Contingency Operations/Global War on Terrorism
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
[[Page H1770]]
DIVISION M--EXTENSIONS
Title I--Airport and Airway Extension
Title II--Immigration Extensions
Title III--National Flood Insurance Program Extension
Title IV--Pesticide Registration Improvement Act Extension
Title V--Generalized System of Preferences
Title VI--Judicial Redaction Authority Extension
Title VII--Budgetary Effects
DIVISION N--BUILD ACT
DIVISION O--WILDFIRE SUPPRESSION FUNDING AND FOREST MANAGEMENT
ACTIVITIES ACT
DIVISION P--RAY BAUM'S ACT OF 2018
DIVISION Q--KEVIN AND AVONTE'S LAW
DIVISION R--TARGET ACT
DIVISION S--OTHER MATTER
Title I--Child Protection Improvements Act
Title II--Save America's Pastime Act
Title III--Keep Young Athletes Safe Act
Title IV--Consent of Congress to Amendments to the Constitution of the
State of Arizona
Title V--Stop School Violence Act
Title VI--Fix NICS Act
Title VII--State Sexual Risk Avoidance Education Program
Title VIII--Small Business Credit Availability Act
Title IX--Small Business Access to Capital After a Natural Disaster Act
Title X--Taylor Force Act
Title XI--FARM Act
Title XII--Tipped Employees
Title XIII--Revisions to Pass-Through Period and Payment Rules
DIVISION T--REVENUE PROVISIONS
DIVISION U--TAX TECHNICAL CORRECTIONS
DIVISION V--CLOUD ACT
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in
the House section of the Congressional Record on or about
March 22, 2018, and submitted by the Chairman of the
Committee on Appropriations of the House, shall have the same
effect with respect to the allocation of funds and
implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of
conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2018.
SEC. 6. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 shall be available
(or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits
such designations to the Congress.
SEC. 7. ADJUSTMENTS TO COMPENSATION.
(a) Notwithstanding any other provision of law, no
adjustment shall be made under section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 4501)
(relating to cost of living adjustments for Members of
Congress) during fiscal year 2018.
(b) There is appropriated for payment to Emily Robin
Minerva, heir of Louise McIntosh Slaughter, late a
Representative from the State of New York, $174,000.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$46,532,000, of which not to exceed $5,051,000 shall be
available for the immediate Office of the Secretary; not to
exceed $800,000 shall be available for the Office of the
Assistant to the Secretary for Rural Development: Provided,
That funds made available by this Act to an agency in the
Rural Development mission area for salaries and expenses are
available to fund up to one administrative support staff for
the Office; not to exceed $1,496,000 shall be available for
the Office of Homeland Security; not to exceed $4,711,000
shall be available for the Office of Partnerships and Public
Engagement; not to exceed $23,105,000 shall be available for
the Office of the Assistant Secretary for Administration, of
which $22,301,000 shall be available for Departmental
Administration to provide for necessary expenses for
management support services to offices of the Department and
for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical
and efficient work of the Department: Provided further, That
funds made available by this Act to an agency in the
Administration mission area for salaries and expenses are
available to fund up to one administrative support staff for
the Office; not to exceed $3,869,000 shall be available for
the Office of Assistant Secretary for Congressional Relations
to carry out the programs funded by this Act, including
programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $7,500,000
shall be available for the Office of Communications:
Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation
for any office shall be increased or decreased by more than 5
percent: Provided further, That not to exceed $11,000 of the
amount made available under this paragraph for the immediate
Office of the Secretary shall be available for official
reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That
the amount made available under this heading for Departmental
Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558:
Provided further, That funds made available under this
heading for the Office of the Assistant Secretary for
Congressional Relations may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain
personnel at the agency level: Provided further, That no
funds made available under this heading for the Office of
Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this
Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation
of these funds by USDA agency.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $19,786,000, of which $4,000,000 shall be for
grants or cooperative agreements for policy research under 7
U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and
Appeals, $15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $58,950,000, of which not less than
$33,000,000 is for cybersecurity requirements of the
department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $901,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$24,206,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
121, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $64,414,000, to remain
available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $3,503,000, to remain available until expended:
Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $98,208,000,
including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App.) and section 1337 of the Agriculture and Food Act of
1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $44,546,000.
[[Page H1771]]
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $800,000: Provided,
That funds made available by this Act to an agency in the
Research, Education, and Economics mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$86,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $191,717,000, of which up to $63,350,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current
Industrial Report surveys subject to 7 U.S.C. 2204g(d) and
(f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,202,766,000: Provided, That appropriations hereunder
shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $500,000,
except for headhouses or greenhouses which shall each be
limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a
cost not to exceed $3,000,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into
lease agreements at any Agricultural Research Service
location for the construction of a research facility by a
non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or
termination of the lease agreement: Provided further, That
the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for
the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be
that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if
the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $140,600,000 to
remain available until expended.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $887,171,000, which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for research grants
for 1994 institutions, education grants for 1890
institutions, capacity building for non-land-grant colleges
of agriculture, the agriculture and food research initiative,
veterinary medicine loan repayment, multicultural scholars,
graduate fellowship and institution challenge grants, and
grants management systems shall remain available until
expended: Provided further, That each institution eligible
to receive funds under the Evans-Allen program receives no
less than $1,000,000: Provided further, That funds for
education grants for Alaska Native and Native Hawaiian-
serving institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii:
Provided further, That funds for education grants for 1890
institutions shall be made available to institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222: Provided
further, That not more than 5 percent of the amounts made
available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C.
450i(b) may be retained by the Secretary of Agriculture to
pay administrative costs incurred by the Secretary in
carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $483,626,000, which shall be
for the purposes, and in the amounts, specified in the table
titled ``National Institute of Food and Agriculture,
Extension Activities'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility
improvements at 1890 institutions shall remain available
until expended: Provided further, That institutions eligible
to receive funds under 7 U.S.C. 3221 for cooperative
extension receive no less than $1,000,000: Provided further,
That funds for cooperative extension under sections 3(b) and
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and
section 208(c) of Public Law 93-471 shall be available for
retirement and employees' compensation costs for extension
agents.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$37,000,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute
of Food and Agriculture, Integrated Activities'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That funds for the Food and Agriculture Defense Initiative
shall remain available until September 30, 2019: Provided
further, That notwithstanding any other provision of law,
indirect costs shall not be charged against any Extension
Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $901,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $981,893,000,
of which $470,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $11,520,000, to remain
available until expended, shall be used for the cotton pests
program for cost share purposes or for debt retirement for
active eradication zones; of which $37,857,000, to remain
available until expended, shall be for Animal Health
Technical Services; of which $705,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as
amended (15 U.S.C. 1831); of which $62,840,000, to remain
available until expended, shall be used to support avian
health; of which $4,251,000, to remain available until
expended, shall be for information technology infrastructure;
of which $178,170,000, to remain available until expended,
shall be for specialty crop pests; of which, $9,326,000, to
remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $16,523,000, to remain
available until expended, shall be for zoonotic disease
management; of which $40,966,000, to remain available until
expended, shall be for emergency preparedness and response;
of which $56,000,000, to remain available until expended,
shall be for tree and wood pests; of which $5,725,000, to
remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,500,000, to remain
available until expended, shall be for the scrapie program
for indemnities; of which $2,500,000, to remain available
until expended, shall be for the wildlife damage management
program for aviation safety: Provided, That of amounts
available under this heading for wildlife
[[Page H1772]]
services methods development, $1,000,000 shall remain
available until expended: Provided further, That of amounts
available under this heading for the screwworm program,
$4,990,000 shall remain available until expended; of which
$3,000,000, to remain available until expended, shall be for
National Bio and Agro-Defense human capital development:
Provided further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed
five, of which two shall be for replacement only: Provided
further, That in addition, in emergencies which threaten any
segment of the agricultural production industry of the United
States, the Secretary may transfer from other appropriations
or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be
available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests of
animals, poultry, or plants, and for expenses in accordance
with sections 10411 and 10417 of the Animal Health Protection
Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the
Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law
(7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
In fiscal year 2018, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 428a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $151,595,000, of which $3,000,000 shall be available
for the purposes of section 12306 of Public Law 113-79:
Provided, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
provided in this Act; and (3) not more than $20,705,000 for
formulation and administration of marketing agreements and
orders pursuant to the Agricultural Marketing Agreement Act
of 1937 and the Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $800,000: Provided, That funds made
available by this Act to an agency in the Food Safety mission
area for salaries and expenses are available to fund up to
one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $50,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,056,844,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f):
Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148
full-time equivalent positions shall be employed during
fiscal year 2018 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter
Act (7 U.S.C. 1901 et seq.): Provided further, That not
later than 180 days after the date of enactment of this Act,
the Food Safety and Inspection Service shall issue
equivalence determinations for all countries wishing to
continue exporting Siluriformes to the United States:
Provided further, That unless the requirements pursuant to
the previous proviso have been met, thereafter, none of the
funds made available by this or any other Act may be used to
inspect, at point of entry, Siluriformes from countries
exporting to the United States until all requirements under
section 557.2 of title 9, Code of Federal Regulations have
been met and a final determination of equivalence final rule
has been published in the Federal Register adding such
countries to the list under section 327.2 of title 9, Code of
Federal Regulations: Provided further, That of the funds
made available under this heading, $7,500,000 shall remain
available until expended for public health veterinarian
recruitment and retention incentives: Provided further, That
this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $901,000: Provided,
That funds made available by this Act to an agency in the
Farm Production and Conservation mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Farm Production and Conservation Business Center
For necessary expenses of the Farm Production and
Conservation Business Center, $1,028,000, to remain available
until expended: Provided, That $145,000 of amounts
appropriated for the current fiscal year pursuant to section
1241(a) of the Farm Security and Rural Investment Act of 1985
(16 U.S.C. 3841(a)) shall be transferred to and merged with
this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,202,146,000: Provided, That not more than 50 percent of
the $78,013,000 made available under this heading for
information technology related to farm program delivery,
including the Modernize and Innovate the Delivery of
Agricultural Systems and other farm program delivery systems,
may be obligated until the Secretary submits to the
Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from
such Committees of, a plan for expenditure that (1)
identifies for each project/investment over $25,000 (a) the
functional and performance capabilities to be delivered and
the mission benefits to be realized, (b) the estimated
lifecycle cost, including estimates for development as well
as maintenance and operations, and (c) key milestones to be
met; (2) demonstrates that each project/investment is, (a)
consistent with the Farm Service Agency Information
Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and
(c) subject to the applicable Department's capital planning
and investment control requirements; and (3) has been
reviewed by the Government Accountability Office and approved
by the Committees on Appropriations of both Houses of
Congress: Provided further, That the agency shall submit a
report by the end of the fourth quarter of fiscal year 2018
to the Committees on Appropriations and the Government
Accountability Office, that identifies for each project/
investment that is operational (a) current performance
against key indicators of customer satisfaction, (b) current
performance of service level agreements or
[[Page H1773]]
other technical metrics, (c) current performance against a
pre-established cost baseline, (d) a detailed breakdown of
current and planned spending on operational enhancements or
upgrades, and (e) an assessment of whether the investment
continues to meet business needs as intended as well as
alternatives to the investment: Provided further, That the
Secretary is authorized to use the services, facilities, and
authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs
administered by the Agency: Provided further, That other
funds made available to the Agency for authorized activities
may be advanced to and merged with this account: Provided
further, That funds made available to county committees shall
remain available until expended: Provided further, That none
of the funds available to the Farm Service Agency shall be
used to close Farm Service Agency county offices: Provided
further, That none of the funds available to the Farm Service
Agency shall be used to permanently relocate county based
employees that would result in an office with two or fewer
employees without prior notification and approval of the
Committees on Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$3,904,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $6,500,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided,
That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), and Indian highly
fractionated land loans (25 U.S.C. 488) to be available from
funds in the Agricultural Credit Insurance Fund, as follows:
$2,750,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans;
$1,960,000,000 for unsubsidized guaranteed operating loans
and $1,530,000,000 for direct operating loans; emergency
loans, $25,610,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
Indian highly fractionated land loans, $10,000,000; and for
boll weevil eradication program loans, $60,000,000:
Provided, That the Secretary shall deem the pink bollworm to
be a boll weevil for the purpose of boll weevil eradication
program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows: farm
operating loans, $61,812,000 for direct operating loans,
$21,756,000 for unsubsidized guaranteed operating loans,
emergency loans, $1,260,000 and $2,272,000 for Indian highly
fractionated land loans to remain available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $325,068,000:
Provided, That of this amount, $314,998,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses'', of which $8,000,000
shall be available until September 30, 2019.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$74,829,000: Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $874,107,000, to remain available
until September 30, 2019: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a: Provided further,
That of the amounts made available under this heading,
$5,600,000, shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for
authorized ongoing watershed projects with a primary purpose
of providing water to rural communities.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations,
engineering operations, works of improvement, and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and
in accordance with the provisions of laws relating to the
activities of the Department, $150,000,000, to remain
available until expended: Provided, That for funds provided
by this Act or any other prior Act, the limitation regarding
the size of the watershed or subwatershed exceeding two
hundred and fifty thousand acres in which such activities can
be undertaken shall only apply for activities undertaken for
the primary purpose of flood prevention (including structural
and land treatment measures): Provided further, That of the
amounts made available under this heading, $50,000,000 shall
be allocated to projects and activities that can commence
promptly following enactment; that address regional
priorities for flood prevention, agricultural water
management, inefficient irrigation systems, fish and wildlife
habitat, or watershed protection; or that address authorized
ongoing projects under the authorities of section 13 of the
Flood Control Act of December 22, 1944 (Public Law 78-534)
with a primary purpose of watershed protection by preventing
floodwater damage and stabilizing stream channels,
tributaries, and banks to reduce erosion and sediment
transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $10,000,000 is provided:
Provided, That of the amounts made available under this
heading, $5,000,000 shall remain available until expended for
watershed rehabilitation projects in states with high-hazard
dams and other watershed structures and that have recently
incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to
the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act
(42 U.S.C. 6961).
[[Page H1774]]
TITLE III
RURAL DEVELOPMENT PROGRAMS
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $230,835,000: Provided, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
support Rural Development programs: Provided further, That
in addition to any other funds appropriated for purposes
authorized by section 502(i) of the Housing Act of 1949 (42
U.S.C. 1472(i)), any amounts collected under such section, as
amended by this Act, will immediately be credited to this
account and will remain available until expended for such
purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $1,100,000,000 shall be for
direct loans and $24,000,000,000 shall be for unsubsidized
guaranteed loans; $28,000,000 for section 504 housing repair
loans; $40,000,000 for section 515 rental housing;
$230,000,000 for section 538 guaranteed multi-family housing
loans; $10,000,000 for credit sales of single family housing
acquired property; $5,000,000 for section 523 self-help
housing land development loans; and $5,000,000 for section
524 site development loans: Provided, That section
514(f)(3)(A) of the Housing Act of 1949 (42 U.S.C.
1484(f)(3)(A)) is amended by striking ``United States'' and
inserting ``United States,'' and by inserting before the
semicolon the following: ``, or a person legally admitted to
the United States and authorized to work in agriculture''.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $42,350,000 shall be for direct loans; section 504
housing repair loans, $3,452,000; section 523 self-help
housing land development loans, $368,000; section 524 site
development loans, $58,000; and repair, rehabilitation, and
new construction of section 515 rental housing, $10,524,000:
Provided, That to support the loan program level for section
538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the
projected cost of such loan guarantees pursuant to the
provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a
current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a
rural area for purposes of section 502 guaranteed loans
provided under this heading: Provided further, That of the
amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct
loans for individuals whose homes will be built pursuant to a
program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until
June 1, 2018: Provided further, That the Secretary shall
implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate
the acquisition of Rural Housing Service (RHS) multifamily
housing properties by such nonprofit organizations and public
housing authorities that commit to keep such properties in
the RHS multifamily housing program for a period of time as
determined by the Secretary, with such incentives to include,
but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on
Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions,
grants, and developer loans at favorable rates and terms,
invested in a deal; and allow reimbursement of organizational
costs associated with owner's oversight of asset referred to
as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the
Housing Act of 1949 (42 U.S.C. 1484, 1486), $14,710,000, to
remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and
contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged
with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of
1949, $1,345,293,000, of which $40,000,000 shall be available
until September 30, 2019; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry
out the rental assistance program under section 521(a)(2) of
the Act: Provided, That rental assistance agreements entered
into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That any
unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any
debt reduction; maintenance, repair, or rehabilitation of any
existing projects; preservation; and rental assistance
activities authorized under title V of the Act: Provided
further, That rental assistance provided under agreements
entered into prior to fiscal year 2018 for a farm labor
multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a
period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act:
Provided further, That except as provided in the third
proviso under this heading and notwithstanding any other
provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to
fiscal year 2018 for a project that the Secretary determines
no longer needs rental assistance and use such recaptured
funds for current needs.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $47,000,000, to remain available
until expended: Provided, That of the funds made available
under this heading, $25,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid after
September 30, 2005: Provided further, That the amount of
such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of
annual appropriations: Provided further, That the Secretary
shall, to the maximum extent practicable, administer such
vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development:
Provided further, That if the Secretary determines that the
amount made available for vouchers in this or any other Act
is not needed for vouchers, the Secretary may use such funds
for the demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the
funds made available under this heading, $22,000,000 shall be
available for a demonstration program for the preservation
and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for
the purpose of providing safe and affordable housing for low-
income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives
(including the ability of owners to obtain reasonable returns
on investment) required by the Secretary: Provided further,
That the Secretary shall as part of the preservation and
revitalization agreement obtain a restrictive use agreement
consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional
funds for vouchers described in this paragraph are needed,
funds for the preservation and revitalization demonstration
program may be used for such vouchers: Provided further,
That if Congress enacts legislation to permanently authorize
a multi-family rental housing loan restructuring program
similar to the demonstration program described herein, the
Secretary may use funds made available for the demonstration
program under this heading to carry out such legislation with
the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That in addition
to any other available funds, the Secretary may expend not
more than $1,000,000 total, from the program funds made
available under this heading, for administrative expenses for
activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to
remain available until expended.
[[Page H1775]]
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $40,000,000, to
remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $2,800,000,000 for direct loans and
$148,287,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, $4,849,000, to remain
available until expended.
For the cost of grants for rural community facilities
programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $43,778,000, to remain available until
expended: Provided, That $4,000,000 of the amount
appropriated under this heading shall be available for a
Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and
community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes
to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further,
That such intermediary organizations shall provide matching
funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That $5,778,000 of the amount appropriated
under this heading shall be to provide grants for facilities
in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the
funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section
310B of the Consolidated Farm and Rural Development Act,
$77,342,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $6,000,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 2009aa et seq.) and
the Appalachian Regional Commission (40 U.S.C. 14101 et seq.)
for any Rural Community Advancement Program purpose as
described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may
be used for administrative expenses: Provided further, That
$4,000,000 of the amount appropriated under this heading
shall be for business grants to benefit Federally Recognized
Native American Tribes, including $250,000 for a grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development: Provided further, That sections 381E-H
and 381N of the Consolidated Farm and Rural Development Act
are not applicable to funds made available under this
heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $4,361,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $557,000 shall be available through June 30,
2018, for Federally Recognized Native American Tribes; and of
which $1,072,000 shall be available through June 30, 2018,
for Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,468,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $45,000,000.
The cost of grants authorized under section 313 of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not
exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $27,550,000, of which
$2,750,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $16,000,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a), of which $1,000,000 shall be for
Agriculture Innovation Centers authorized pursuant to section
6402 of Public Law 107-171.
rural energy for america program
For the cost of a program of loan guarantees, under the
same terms and conditions as authorized by section 9007 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $293,000: Provided, That the cost of loan guarantees,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants
for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated
Farm and Rural Development Act, $560,263,000, to remain
available until expended, of which not to exceed $1,000,000
shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to
exceed $993,000 shall be available for the rural utilities
program described in section 306E of such Act: Provided,
That not to exceed $15,000,000 of the amount appropriated
under this heading shall be for grants authorized by section
306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of
such Act and such grants may not exceed $1,000,000
notwithstanding section 306A(f)(1) of such Act: Provided
further, That $68,000,000 of the amount appropriated under
this heading shall be for loans and grants including water
and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and
Rural Development Act, and Federally Recognized Native
American Tribes authorized by 306C(a)(1) of such Act:
Provided further, That funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be
provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, That not more than 2
percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by
the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by a consortium formed pursuant
to section 325 of Public Law 105-83 for training and
technical assistance programs: Provided further, That not to
exceed $40,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of
such Act, unless the Secretary makes a determination of
extreme need, of which $8,000,000 shall be made available for
a grant to a qualified nonprofit multi-State regional
technical assistance organization, with experience in working
with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural
communities with populations of 3,300 or less, in improving
the planning, financing, development, operation, and
management of water and waste water systems, and of which not
less than $800,000 shall be for a qualified national Native
American organization to provide technical assistance for
rural water systems for tribal communities: Provided
further, That not to exceed $19,000,000 of the amount
appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program
to provide technical assistance for rural water systems:
Provided further, That not to exceed $4,000,000 shall be for
solid waste management grants: Provided further, That
$10,000,000 of the amount appropriated under this heading
shall be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act
of 1936 (7 U.S.C. 918a): Provided further, That any prior
year
[[Page H1776]]
balances for high-energy cost grants authorized by section 19
of the Rural Electrification Act of 1936 (7 U.S.C. 918a)
shall be transferred to and merged with the Rural Utilities
Service, High Energy Cost Grants Account: Provided further,
That sections 381E-H and 381N of the Consolidated Farm and
Rural Development Act are not applicable to the funds made
available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 305, 306, and 317 of the Rural
Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g)
shall be made as follows: loans made pursuant to sections
305, 306, and 317, notwithstanding 317(c), of that Act, rural
electric, $5,500,000,000; guaranteed underwriting loans
pursuant to section 313A, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural
telecommunications loans, and for loans made pursuant to
section 306 of that Act, rural telecommunications loans,
$690,000,000: Provided, That up to $2,000,000,000 shall be
used for the construction, acquisition, or improvement of
fossil-fueled electric generating plants (whether new or
existing) that utilize carbon sequestration systems.
For the cost of direct loans as authorized by section 305
of the Rural Electrification Act of 1936 (7 U.S.C. 935),
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, cost of money
rural telecommunications loans, $863,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication
loans, $29,851,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$32,000,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That funding provided under this heading
for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet
all of the eligibility criteria for a consortium as
established by this section.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $5,000,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $30,000,000, to remain available until
expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits authorized by 7 U.S.C.
950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $800,000:
Provided, That funds made available by this Act to an agency
in the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $24,254,139,000 to
remain available through September 30, 2019, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That of the total amount available,
$17,004,000 shall be available to carry out section 19 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That of the total amount available,
$30,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies
and schools to purchase the equipment, with a value of
greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program:
Provided further, That of the total amount available,
$28,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of
2010 (Public Law 111-80): Provided further, That section
26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking
``2010 through 2017'' and inserting ``2010 through 2018'':
Provided further, That section 9(h)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended in the first sentence by striking ``for fiscal year
2017'' and inserting ``for fiscal year 2018'': Provided
further, That section 9(h)(4) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended
in the first sentence by striking ``for fiscal year 2017''
and inserting ``for fiscal year 2018''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,175,000,000, to remain available through September 30,
2019, of which $25,000,000 shall be placed in reserve, to
remain available until expended, to be allocated as the
Secretary deemed necessary, notwithstanding section 17(i) of
such Act, to support participation should cost or
participation exceed budget estimates: Provided, That
notwithstanding section 17(h)(10) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(h)(10)), not less than $60,000,000
shall be used for breastfeeding peer counselors and other
related activities, and $14,000,000 shall be used for
infrastructure: Provided further, That none of the funds
provided in this account shall be available for the purchase
of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the
funds provided shall be available for activities that are not
fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act:
Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and
conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of
a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $74,013,499,000, of
which $3,000,000,000, to remain available through December
31, 2019, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used
to provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available through September 30, 2019: Provided further, That
funds made available under this heading for section 28(d)(1),
section 4(b), and section 27(a) of the Food and Nutrition Act
of 2008 shall remain available through September 30, 2019:
Provided further, That none of the funds made available under
this heading may be obligated or expended in contravention of
section 213A of the Immigration and Nationality Act (8 U.S.C.
1183A): Provided further, That funds made available under
this heading may be used to enter into contracts and employ
staff to conduct studies, evaluations, or to conduct
activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of
2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$322,139,000, to remain available through September 30, 2019:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2018 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2019: Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 15 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $153,841,000: Provided, That of the
funds provided herein, $2,000,000 shall be used for the
purposes of section 4404 of Public Law 107-171, as amended by
section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $875,000:
Provided, That funds made available by this Act to any
[[Page H1777]]
agency in the Trade and Foreign Agricultural Affairs mission
area for salaries and expenses are available to fund up to
one administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$3,796,000.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $199,666,000, of
which no more than 6 percent shall remain available until
September 30, 2019, for overseas operations to include the
payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made
available for middle-income country training programs, funds
made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to
documentation by the Foreign Agricultural Service, shall
remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the
Food for Progress Act of 1985, $149,000, shall be transferred
to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act,
$1,600,000,000, to remain available until expended:
Provided, That the Administrator of the United States Agency
for International Development shall in each instance notify
in writing the Committees on Appropriations of both Houses of
Congress, the Committee on Agriculture of the House, the
Committee on Foreign Relations of the Senate, the Committee
on Foreign Affairs of the House, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate and make
publicly available online the amount and use of authority in
section 202(a) of the Food for Peace Act (7 U.S.C. 1722(a))
to notwithstand the minimum level of nonemergency assistance
required by section 412(e)(2) of the Food for Peace Act (7
U.S.C. 1736f(e)(2)) not later than 15 days after the date of
such action.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $207,626,000, to remain available
until expended, of which $1,000,000 is for the use of
recently developed potable water technologies in school
feeding projects: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein: Provided further, That of the amount made available
under this heading, $10,000,000, shall remain available until
expended for necessary expenses to carry out the provisions
of section 3207 of the Agricultural Act of 2014 (7 U.S.C.
1726c).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and
GSM 103, $8,845,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $6,382,000 shall be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $2,463,000
shall be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; in addition to amounts appropriated to the FDA
Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $5,138,041,000: Provided,
That of the amount provided under this heading, $911,346,000
shall be derived from prescription drug user fees authorized
by 21 U.S.C. 379h, and shall be credited to this account and
remain available until expended; $193,291,000 shall be
derived from medical device user fees authorized by 21 U.S.C.
379j, and shall be credited to this account and remain
available until expended; $493,600,000 shall be derived from
human generic drug user fees authorized by 21 U.S.C. 379j-42,
and shall be credited to this account and remain available
until expended; $40,214,000 shall be derived from biosimilar
biological product user fees authorized by 21 U.S.C. 379j-52,
and shall be credited to this account and remain available
until expended; $18,093,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j-12, and shall be
credited to this account and remain available until expended;
$9,419,000 shall be derived from generic new animal drug user
fees authorized by 21 U.S.C. 379j-21, and shall be credited
to this account and remain available until expended;
$672,000,000 shall be derived from tobacco product user fees
authorized by 21 U.S.C. 387s, and shall be credited to this
account and remain available until expended: Provided
further, That in addition to and notwithstanding any other
provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human
generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and generic new animal drug user
fees that exceed the respective fiscal year 2018 limitations
are appropriated and shall be credited to this account and
remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic
drug, biosimilar biological product, animal drug, and generic
new animal drug assessments for fiscal year 2018, including
any such fees collected prior to fiscal year 2018 but
credited for fiscal year 2018, shall be subject to the fiscal
year 2018 limitations: Provided further, That the Secretary
may accept payment during fiscal year 2018 of user fees
specified under this heading and authorized for fiscal year
2019, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2019 for which the
Secretary accepts payment in fiscal year 2018 shall not be
included in amounts under this heading: Provided further,
That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount
appropriated: (1) $1,041,615,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$1,617,881,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of
Regulatory Affairs; (3) $359,614,000 shall be for the Center
for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4)
$197,252,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $487,197,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $63,331,000 shall be
for the National Center for Toxicological Research; (7)
$625,646,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) not to exceed $172,003,000 shall be for Rent and
Related activities, of which $50,559,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) not to exceed
$237,671,000 shall be for payments to the General Services
Administration for rent; and (10) $335,831,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs, the Office of Foods and Veterinary Medicine,
the Office of Medical and Tobacco Products, the Office of
Global and Regulatory Policy, the Office of Operations, the
Office of the Chief Scientist, and central services for these
offices: Provided further, That not to exceed $25,000 of
this amount shall be for official reception and
representation expenses, not otherwise provided for, as
determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only
be from amounts made available under this heading for other
activities: Provided further, That of the amounts that are
made available under this heading for ``other activities'',
and that are not derived from user fees, $1,500,000 shall be
transferred to and merged with the appropriation for
``Department of Health and Human Services--Office of
Inspector General'' for oversight of the programs and
operations of the Food and Drug Administration and shall be
in addition to funds otherwise made available for oversight
of the Food and Drug Administration: Provided further, That
of the total amount made available under this heading,
$1,500,000
[[Page H1778]]
shall be used by the Commissioner of Food and Drugs, in
coordination with the Secretary of Agriculture, for consumer
outreach and education regarding agricultural biotechnology
and biotechnology-derived food products and animal feed,
including through publication and distribution of science-
based educational information on the environmental,
nutritional, food safety, economic, and humanitarian impacts
of such biotechnology, food products, and feed: Provided
further, That funds may be transferred from one specified
activity to another with the prior approval of the Committees
on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n
and 360ff, food and feed recall fees, food reinspection fees,
and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8),
and medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, shall be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $11,788,000, to remain
available until expended.
fda innovation account, cures act
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $60,000,000, to remain
available until expended: Provided, That amounts
appropriated in this paragraph are appropriated pursuant to
section 1002(b)(3) of the 21st Century Cures Act, are to be
derived from amounts transferred under section 1002(b)(2)(A)
of such Act, and may be transferred by the Commissioner of
Food and Drugs to the appropriation for ``Department of
Health and Human Services--Food and Drug Administration--
Salaries and Expenses'' solely for the purposes provided in
such Act: Provided further, That upon a determination by the
Commissioner 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 such transfer authority is in addition to any
other transfer authority provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District
of Columbia and elsewhere, $249,000,000, including not to
exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, of which
not less than $48,000,000, to remain available until
September 30, 2019, shall be for the purchase of information
technology and of which not less than $2,700,000 shall be for
expenses of the Office of the Inspector General: Provided,
That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the
liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this
Act: Provided further, That for the purpose of recording and
liquidating any lease obligations that should have been
recorded and liquidated against accounts closed pursuant to
31 U.S.C. 1552, and consistent with the preceding proviso,
such amounts shall be transferred to and recorded in a new
no-year account in the Treasury, which may be established for
the sole purpose of recording adjustments for and liquidating
such unpaid obligations: Provided further, That if any
furlough or reduction-in-force of personnel at the Commission
occurs as a result of an action under 5 U.S.C. 7119, the
Commission shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
no later than 30 days after the furlough or reduction-in-
force occurs detailing the agency's reasoning for conducting
a furlough or reduction-in-force: Provided further, That in
the report the Commission shall explain why the furlough or
reduction-in-force was the only reasonable course of action
in response to an action taken under 5 U.S.C. 7119: Provided
further, That after the conclusion of any furlough or
reduction-in-force of the Commission in response to an action
taken under 5 U.S.C. 7119, the Comptroller General shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives a report that describes (1) the
long-term cost of any pay increases the Commission must make
in response to an action taken under 5 U.S.C. 7119; and (2)
the operational impact of the furlough or reduction-in-force.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $70,600,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships: Provided
further, That the agency may exceed this limitation by up to
10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 71 passenger
motor vehicles of which 68 shall be for replacement only, and
for the hire of such vehicles: Provided, That
notwithstanding this section, the only purchase of new
passenger vehicles shall be for those determined by the
Secretary to be necessary for transportation safety, to
reduce operational costs, and for the protection of life,
property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes
to the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 717 of this Act: Provided further, That none of the
funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, or functions of the offices of the Chief
Financial Officer or any personnel from the National Finance
Center prior to written notification to and prior approval of
the Committee on Appropriations of both Houses of Congress
and in accordance with the requirements of section 717 of
this Act: Provided further, That the Secretary of
Agriculture and the offices of the Chief Financial Officer
shall actively market to existing and new Departments and
other government agencies National Finance Center shared
services including, but not limited to, payroll, financial
management, and human capital shared services and allow the
National Finance Center to perform technology upgrades:
Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture
attributable to the amounts in excess of the true costs of
the shared services provided by the National Finance Center
and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial,
administrative, and information technology services, and
other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress:
Provided further, That the limitations on the obligation of
funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the
Secretary, is necessary to respond to a declared state of
emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the
National Finance Center to a safe haven to continue
operations of the National Finance Center: Provided further,
That the Secretary of Agriculture shall conduct and submit a
detailed cost benefit analysis to the Committees on
Appropriations that includes a complete analysis of the
National Finance Center data center and two other
operationally comparable data centers in both size and
complexity in supported applications that details and
provides: (1) the cost effectiveness of each center; (2) a
security analysis of each center; and (3) each center's
Federal Risk and Authorization Management Program (FedRAMP)
certifications status and
[[Page H1779]]
the center's demonstrated history record and ability for
maintaining Continuity of Operations Plan (COOP) functions
and not miss critical operations: Provided further, That the
cost-benefit analysis shall be submitted no later than 90
days after enactment of this Act to the Committees on
Appropriations: Provided further, That not later than 90
days after submission of the cost-benefit analysis, the
Comptroller General of the United States shall submit to the
Committees on Appropriations a sufficiency review of the
cost-benefit analysis, including any findings and
recommendations relating to such review.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That, notwithstanding section 11319 of title 40, United
States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $25,000 prior
to receipt of written approval by the Chief Information
Officer: Provided further, That the Chief Information
Officer may authorize an agency to obligate funds without
written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based
upon the performance of an agency measured against the
performance plan requirements described in the explanatory
statement accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act
of 1936, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313(b)(2)(B) of such
Act in the same manner as a borrower under such Act.
Sec. 709. Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2019, for information technology
expenses: Provided, That except as otherwise specifically
provided by law, unobligated balances from appropriations
made available for salaries and expenses in this Act for the
Rural Development mission area shall remain available through
September 30, 2019, for information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 711. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79),
other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in
that Act, that is authorized or required to be carried out
using funds of the Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not
more than $2,000,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. None of the funds in this Act shall be available
to pay indirect costs charged against any agricultural
research, education, or extension grant awards issued by the
National Institute of Food and Agriculture that exceed 30
percent of total Federal funds provided under each award:
Provided, That notwithstanding section 1462 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3310), funds provided by this Act for grants
awarded competitively by the National Institute of Food and
Agriculture shall be available to pay full allowable indirect
costs for each grant awarded under section 9 of the Small
Business Act (15 U.S.C. 638).
Sec. 714. (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. 715. Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c; in this section referred
to as ``section 32'') in excess of $1,266,582,000 (exclusive
of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities--
$465,000,000; State Option Contracts-- $5,000,000; Removal of
Defective Commodities-- $2,500,000; Administration of Section
32 Commodity Purchases--$35,853,000: Provided, That of the
total funds made available in the matter preceding this
proviso that remain unobligated on October 1, 2018, such
unobligated balances shall carryover into the next fiscal
year and shall remain available until expended for any of the
three stated purposes of section 32, except that any such
carryover funds used in accordance with clause (3) of section
32 may not exceed $350,000,000 and may not be obligated until
the Secretary of Agriculture provides written notification of
the expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided
further, That, with the exception of any available carryover
funds authorized in the first proviso of this section to be
used for the purposes of clause (3) of section 32, none of
the funds appropriated or otherwise made available by this or
any other Act shall be used to pay the salaries or expenses
of any employee of the Department of Agriculture to carry out
clause (3) of section 32.
Sec. 716. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the budget unless such budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee of
conference for the fiscal year 2019 appropriations Act.
Sec. 717. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both
[[Page H1780]]
Houses of Congress at least 30 days in advance of the
reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of
$500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of
Health and Human Services shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request; unless the agencies funded
by this Act notify, in writing, the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the
Chairman of the Commodity Futures Trading Commission, or the
Secretary of Health and Human Services receives from the
Committee on Appropriations of both Houses of Congress
written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 718. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or
otherwise make available reports, questions, or responses to
questions that are a result of information requested for the
appropriations hearing process to any non-Department of
Agriculture, non-Department of Health and Human Services,
non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 720. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 721. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 60 days in a fiscal year unless
the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
Sec. 722. (a) There is hereby established in the Treasury
of the United States a Working Capital Fund (the Fund) to be
administered by the Food and Drug Administration (FDA),
without fiscal year limitation, for the payment of salaries,
travel, and other expenses necessary to the maintenance and
operation of (1) a supply service for the purchase, storage,
handling, issuance, packing, or shipping of stationery,
supplies, materials, equipment, and blank forms, for which
stocks may be maintained to meet, in whole or in part, the
needs of the FDA and requisitions of other Government
Offices, and (2) such other services as the Commissioner of
the FDA, subject to review by the Secretary of Health and
Human Services, determines may be performed more
advantageously as central services. The Fund shall be
reimbursed from applicable discretionary resources,
notwithstanding any otherwise applicable purpose limitations,
available when services are performed or stock furnished, or
in advance, on a basis of rates which shall include estimated
or actual charges for personal services, materials,
equipment, information technology, and other expenses.
Charges for equipment and information technology shall
include costs associated with maintenance, repair, and
depreciation (including improvement and replacement).
(b) Of any discretionary resources appropriated in this Act
for fiscal year 2018 for ``Department of Health and Human
Services, Food and Drug Administration, Salaries and
Expenses'', not to exceed $5,000,000 of amounts available as
of September 30 may be transferred to and merged with the
Fund established under subsection (a), notwithstanding any
otherwise applicable purpose limitations.
(c) No amounts may be transferred pursuant to this section
that are designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 723. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, the
Chairman of the Commodity Futures Trading Commission, and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 724. Of the unobligated balances from amounts made
available for the supplemental nutrition program as
authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), $800,000,000 are hereby rescinded.
Sec. 725. The Secretary shall continue an intermediary
loan packaging program based on the pilot program in effect
for fiscal year 2013 for packaging and reviewing section 502
single family direct loans. The Secretary shall continue
agreements with current intermediary organizations and with
additional qualified intermediary organizations. The
Secretary shall work with these organizations to increase
effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make
available from the national reserve section 502 loans an
amount necessary to support the work of such intermediaries
and provide a priority for review of such loans.
Sec. 726. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of
both Houses of Congress at least 15 days in advance.
Sec. 727. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section
729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses
of Congress: Provided, That the refunds or rebates so
transferred shall be available for obligation only for the
acquisition of plant and capital equipment necessary for the
delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture.
Sec. 728. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of
the term ``variety'' as de fined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations,
and ``variety'' as applied in the definition of the term
``staple food'' as defined in section 271.2 of title 7, Code
of Federal Regulations, to increase the number of items that
qualify as acceptable varieties in each staple food category
so that the total number of such items in each staple food
category exceeds the number of such items in each staple food
category included in the final rule as published on December
15, 2016: Provided, That until the Secretary promulgates
such regulatory amendments, the Secretary shall apply the
requirements regarding acceptable varieties and breadth of
stock
[[Page H1781]]
to Supplemental Nutrition Assistance Program retailers that
were in effect on the day before the date of the enactment of
the Agricultural Act of 2014 (Public Law 113-79).
Sec. 729. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing, sale, or
use of industrial hemp, or seeds of such plant, that is grown
or cultivated in accordance with subsection section 7606 of
the Agricultural Act of 2014, within or outside the State in
which the industrial hemp is grown or cultivated.
Sec. 730. Funds provided by this or any prior
Appropriations Act for the Agriculture and Food Research
Initiative under 7 U.S.C. 450i(b) shall be made available
without regard to section 7128 of the Agricultural Act of
2014 (7 U.S.C. 3371 note), under the matching requirements in
laws in effect on the date before the date of enactment of
such section: Provided, That the requirements of 7 U.S.C.
450i(b)(9) shall continue to apply.
Sec. 731. For tree assistance payments under section
1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) to
eligible orchardists or nursery tree growers (as defined in
such section) of pecan trees with a tree mortality rate that
exceeds 7.5 percent (adjusted for normal mortality) and is
less than 15 percent (adjusted for normal mortality),
$15,000,000, to be available until expended, for losses
incurred during the period beginning January 1, 2017 and
ending December 31, 2017.
Sec. 732. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to
loans guaranteed under such section and eligible lenders for
such loans as the Secretary has under subsections (h) and (j)
of section 538 of such Act (42 U.S.C. 1490p-2) with respect
to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 733. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or
take any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
distribution.
Sec. 734. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt
of a submission for an exemption for investigational use of a
drug or biological product under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or
section 351(a)(3) of the Public Health Service Act (42 U.S.C.
262(a)(3)) in research in which a human embryo is
intentionally created or modified to include a heritable
genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption
may not go into effect.
Sec. 735. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect
November 16, 2015, in regards to the hazard analysis and
risk-based preventive control requirements of the current
good manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to
the regulation of the production, distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic
beverage production process.
Sec. 736. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator,
are in place to ensure that emergency food aid is received by
the intended beneficiaries in areas affected by food
shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 737. There is hereby appropriated $1,996,000 to carry
out section 1621 of Public Law 110-246.
Sec. 738. No partially hydrogenated oils as defined in the
order published by the Food and Drug Administration in the
Federal Register on June 17, 2015 (80 Fed. Reg. 34650 et
seq.) shall be deemed unsafe within the meaning of section
409(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
348(a)) and no food that is introduced or delivered for
introduction into interstate commerce that bears or contains
a partially hydrogenated oil shall be deemed adulterated
under sections 402(a)(1) or 402(a)(2)(C)(i) of this Act by
virtue of bearing or containing a partially hydrogenated oil
until the compliance date as specified in such order (June
18, 2018).
Sec. 739. For the cost of refinancing a loan pursuant to
section 749 of division A of Public Law 115-31, and in
addition to amounts provided by that section, for any
borrower identified by the Federal Financing Bank for
refinancing a loan where the modification calculation
methodology used for such refinancing pursuant to section 185
of Office of Management and Budget Circular No. A-11 results
in a cost to the pilot program, $5,000,000, to remain
available until expended: Provided, That these funds shall
also be available for refinancing a loan pursuant to any
extension or expansion of this pilot program that is enacted
subsequent to this Act for those same borrowers.
Sec. 740. None of the funds made available by this Act may
be used by the Secretary of Agriculture, acting through the
Food and Nutrition Service, to commence any new research and
evaluation projects until the Secretary submits to the
Committees on Appropriations of both Houses of Congress a
research and evaluation plan for fiscal year 2018, prepared
in coordination with the Research, Education, and Economics
mission area of the Department of Agriculture, and a period
of 30 days beginning on the date of the submission of the
plan expires to permit Congressional review of the plan.
Sec. 741. There is hereby appropriated $8,000,000, to
remain available until expended, to carry out section 6407 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107a): Provided, That the Secretary may allow eligible
entities to offer loans to customers in any part of their
service territory and to offer loans to replace a
manufactured housing unit with another manufactured housing
unit, if replacement would be more cost effective in saving
energy: Provided further, That funds provided in section 769
of division A, Public Law 115-31, shall remain available
until September 30, 2019.
Sec. 742. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as
applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent
with United States obligations under its international trade
agreements.
Sec. 743. There is hereby appropriated $1,000,000 for the
Secretary to carry out a pilot program that provides forestry
inventory analysis, forest management and economic outcomes
modelling for certain currently enrolled Conservation Reserve
Program participants. The Secretary shall allow the Commodity
Credit Corporation to enter into agreements with and provide
grants to qualified non-profit organizations dedicated to
conservation, forestry and wildlife habitats, that also have
experience in conducting accurate forest inventory analysis
through the use of advanced, cost-effective technology. The
Secretary shall focus the analysis on lands enrolled for at
least eight years and located in areas with a substantial
concentration of acres enrolled under conservation practices
devoted to multiple bottomland hardwood tree species
including CP03, CP03A, CP11, CP22, CP31 and CP40.
Sec. 744. None of the funds made available by this Act may
be used to carry out any activities or incur any expense
related to the issuance of licenses under section 3 of the
Animal Welfare Act (7 U.S.C. 2133), or the renewal of such
licenses, to class B dealers who sell dogs and cats for use
in research, experiments, teaching, or testing.
Sec. 745. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16
U.S.C. 1310, there is appropriated $4,000,000, to remain
available until expended, to implement non-renewable
agreements on eligible lands, including flooded agricultural
lands, as determined by the Secretary, under the Water Bank
Act (16 U.S.C. 1301-1311).
Sec. 746. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections
306, 306A, 306C, 306D, 306E, and 310B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water or wastewater system
unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this
section referred to as the ``Secretary'') or the designee of
the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee
shall make available to the public on an informal basis a
copy of the request and information available to the
Secretary or the designee concerning the request, and shall
allow for informal public input on the request for at
[[Page H1782]]
least 15 days prior to making a finding based on the request.
The Secretary or the designee shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the
funds appropriated in this Act for ``Rural Utilities
Service--Rural Water and Waste Disposal Program Account'' for
carrying out the provisions described in subsection (a)(1)
for management and oversight of the requirements of this
section.
(f) Subsection (a) shall not apply with respect to a
project for which the engineering plans and specifications
include use of iron and steel products otherwise prohibited
by such subsection if the plans and specifications have
received required approvals from State agencies prior to the
date of enactment of this Act.
(g) For purposes of this section, the terms ``United
States'' and ``State'' shall include each of the several
States, the District of Columbia, and each federally
recognized Indian tribe.
Sec. 747. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2018, an
amount of funds made available in title III under the
headings of Rural Housing Insurance Fund Program Account,
Mutual and Self-Help Housing Grants, Rural Housing Assistance
Grants, Rural Community Facilities Program Account, Rural
Business Program Account, Rural Development Loan Fund Program
Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to
funds provided under such headings in the most recent fiscal
year any such funds were obligated under such headings for
REAP Zones.
Sec. 748. For the purposes of determining eligibility or
level of program assistance for Rural Development programs
the Secretary shall not include incarcerated prison
populations.
Sec. 749. There is hereby appropriated $1,000,000, to
remain available until expended, for a pilot program for the
Secretary to provide grants to qualified non-profit
organizations and public housing authorities to provide
technical assistance, including financial and legal services,
to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas
where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public
housing authorities as authorized by law that commit to keep
such properties in the RHS multi-family housing program for a
period of time as determined by the Secretary.
Sec. 750. Beginning on the date of enactment of this Act
through fiscal year 2019, notwithstanding any other provision
of law, any fee issued by the State's Electronic Benefit
Transfer contractor and subcontractors, including Affiliates
of the contractor or subcontractor, related to the switching
or routing of benefits for Department of Agriculture domestic
food assistance programs shall be prohibited: Provided, That
for purposes of this provision, the term ``switching'' means
the routing of an intrastate or interstate transaction that
consists of transmitting the details of a transaction
electronically recorded through the use of an electronic
benefit transfer card in one State to the issuer of the card
that may be in the same or different State.
Sec. 751. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 752. (a) The Secretary of Agriculture (referred to in
this section as the ``Secretary'') shall carry out a pilot
program during fiscal year 2018 with respect to the 2017 crop
year for county-level agriculture risk coverage payments
under section 1117(b)(1) of the Agricultural Act of 2014 (7
U.S.C. 9017(b)(1)), that provides all or some of the State
Farm Service Agency offices in each State the opportunity to
provide agricultural producers in the State a supplemental
payment described in subsection (c) based on the alternate
calculation method described in subsection (b) for 1 or more
counties in a State if the office for that State determines
that the alternate calculation method is necessary to ensure
that, to the maximum extent practicable, there are not
significant yield calculation disparities between comparable
counties in the State.
(b) The alternate calculation method referred to in
subsection (a) is a method of calculating the actual yield
for the 2017 crop year for county-level agriculture risk
coverage payments under section 1117(b)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), under which--
(1) county data of the National Agricultural Statistics
Service (referred to in this section as ``NASS data'') is
used for the calculations;
(2) if there is insufficient NASS data for a county (as
determined under standards of the Secretary in effect as of
the date of enactment of this Act) or the available NASS data
produces a substantially disparate result, the calculation of
the county yield is determined using comparable contiguous
county NASS data as determined by the Farm Service Agency
office in the applicable State; and
(3) if there is insufficient NASS data for a comparable
contiguous county (as determined under standards of the
Secretary in effect as of the date of enactment of this Act),
the calculation of the county yield is determined using
reliable yield data from other sources, such as Risk
Management Agency data, National Agricultural Statistics
Service district data, National Agricultural Statistics
Service State yield data, or other data as determined by the
Farm Service Agency office in the applicable State.
(c)(1) A supplemental payment made under the pilot program
established under this section may be made to an agricultural
producer who is subject to the alternate calculation method
described in subsection (b) if that agricultural producer
would otherwise receive a county-level agriculture risk
coverage payment for the 2017 crop year in an amount that is
less than the payment that the agricultural producer would
receive under the alternate calculation method.
(2) The amount of a supplemental payment to an agricultural
producer under this section may not exceed the difference
between--
(A) the payment that the agricultural producer would have
received without the alternate calculation method described
in subsection (b); and
(B) the payment that the agricultural producer would
receive using the alternate calculation method.
(d)(1) There is appropriated to the Secretary, out of funds
of the Treasury not otherwise appropriated, $5,000,000, to
remain available until September 30, 2019, to carry out the
pilot program described in this section.
(2) Of the funds appropriated, the Secretary shall use not
more than $5,000,000 to carry out the pilot program described
in this section.
(e)(1) To the maximum extent practicable, the Secretary
shall select States to participate in the pilot program under
this section so the cost of the pilot program equals the
amount provided under subsection (d).
(2) To the extent that the cost of the pilot program
exceeds the amount made available, the Secretary shall reduce
all payments under the pilot program on a pro rata basis.
(f) Nothing in this section affects the calculation of
actual yield for purposes of county-level agriculture risk
coverage payments under section 1117(b)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)) other than
payments made in accordance with the pilot program under this
section.
(g) A calculation of actual yield made using the alternate
calculation method described in subsection (b) shall not be
used as a basis for any agriculture risk coverage payment
determinations under section 1117 of the Agricultural Act of
2014 (7 U.S.C. 9017) other than for purposes of the pilot
program under this section.
Sec. 753. For an additional amount for ``National
Institute of Food and Agriculture--Research and Education
Activities'', $6,000,000, to be available until expended, for
relocation expenses and for the alteration and repair of
leased buildings and improvements pursuant to 7 U.S.C. 2250:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of Agriculture shall submit a report to
the Committees on Appropriations of the House of
Representatives and the Senate detailing the planned uses of
this funding.
Sec. 754. The Secretary of Agriculture and the Secretary's
designees are hereby granted the same access to information
and subject to the same requirements applicable to the
Secretary of Housing and Urban Development as provided in
section 453 of the Social Security Act (42 U.S.C. 653) and
section 6103(1)(7)(D)(ix) of the Internal Revenue Code of
1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to verify the income for
individuals participating in sections 502, 504, 521, and 524
of the Housing Act of 1949 (42 U.S.C. 1972, 1474, 1490a, and
1490r), notwithstanding section 453(l)(1) of the Social
Security Act.
Sec. 755. In addition to amounts otherwise made available
by this Act under the heading ``Domestic Food Programs--Food
and Nutrition Services--Child Nutrition Programs'', there is
appropriated $2,000,000, to remain available until September
30, 2019, to allow allied professional associations to
develop a training program for school nutrition personnel
that focuses on school food service meal preparation and
workforce development.
Sec. 756. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China
for use in the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child and Adult Care Food Program under section 17 of
such Act (42 U.S.C. 1766), the Summer Food Service Program
for Children under section 13 of such Act (42 U.S.C. 1761),
or the school breakfast program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
Sec. 757. In response to an eligible community where the
drinking water supplies are inadequate due to a natural
disaster, as determined by the Secretary, including drought
or severe weather, the Secretary may provide potable water
through the Emergency Community Water Assistance Grant
Program for an additional period of time not to exceed 120
days beyond the established period provided under the Program
in order to protect public health.
Sec. 758. Section 502(i) of the Housing Act of 1949 (42
U.S.C. 1472(i)), is amended by
[[Page H1783]]
striking paragraph (1) and inserting the following:
``(1) Authority; maximum amount.--To the extent provided in
advance in appropriations Acts, the Secretary may assess and
collect a fee for a lender to access the automated
underwriting systems of the Department in connection with
such lender's participation in the single family loan program
under this section and only in an amount necessary to cover
the costs of information technology enhancements,
improvements, maintenance, and development for automated
underwriting systems used in connection with the single
family loan program under this section, except that such fee
shall not exceed $50 per loan.''.
Sec. 759. Of the total amounts made available by this Act
for direct loans and grants in the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help
Housing Grants''; ``Rural Economic Infrastructure Grants'';
``Rural Housing Service--Rural Community Facilities Program
Account''; ``Rural Business-Cooperative Service--Rural
Business Program Account''; ``Rural Business-Cooperative
Service--Rural Economic Development Loans Program Account'';
``Rural Business-Cooperative Service--Rural Cooperative
Development Grants''; ``Rural Utilities Service--Rural Water
and Waste Disposal Program Account''; and ``Rural Utilities
Service--Rural Electrification and Telecommunications Loans
Program Account'', at least 10 percent of the funds shall be
allocated for assistance in persistent poverty counties under
this section, including, notwithstanding any other provision
regarding population limits, any county seat of such a
persistent poverty county that has a population that does not
exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the
term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1980,
1990, and 2000 decennial censuses, and 2007-2011 American
Community Survey 5-year average: Provided further, That with
respect to specific activities for which program levels have
been made available by this Act that are not supported by
budget authority, the requirements of this section shall be
applied to such program level.
Sec. 760. (a) No funds shall be used to finalize the
proposed rule entitled ``Eligibility of the People's Republic
of China (PRC) to Export to the United States Poultry
Products from Birds Slaughtered in the PRC'' published in the
Federal Register by the Department of Agriculture on June 16,
2017 (82 Fed. Reg. 27625), unless the Secretary of
Agriculture shall--
(1) ensure that the poultry slaughter inspection system for
the PRC is equivalent to that of the United States;
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry
products comply with all other applicable requirements for
poultry products in interstate commerce in the United States;
(3) conduct periodic verification reviews and audits of any
such plants in the PRC intending to export into the United
States processed poultry products;
(4) conduct re-inspection of such poultry products at
United States ports-of-entry to check the general condition
of such products, for the proper certification and labeling
of such products, and for any damage to such products that
may have occurred during transportation; and
(5) ensure that shipments of any such poultry products
selected to enter the United States are subject to additional
re-inspection procedures at appropriate levels to verify that
the products comply with relevant Federal regulations or
standards, including examinations for product defects and
laboratory analyses to detect harmful chemical residues or
pathogen testing appropriate for the products involved.
(b) This section shall be applied in a manner consistent
with obligations of the United States under any trade
agreement to which the United States is a party.
Sec. 761. (a) Section 2 of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1002) is amended in the
matter following paragraph (3) by striking ``$5,000,000'' and
inserting ``$25,000,000''.
(b) Section 5 of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1005) is amended--
(1) in paragraph (3), by striking ``$5,000,000'' and
inserting ``$25,000,000''; and
(2) in paragraph (4), by striking ``$5,000,000'' and
inserting ``$25,000,000''.
Sec. 762. In addition to funds appropriated in this Act,
there is hereby appropriated $116,000,000, to remain
available until expended, under the heading ``Food for Peace
Title II Grants'': Provided, That the funds made available
under this section shall be used for the purposes set forth
in the Food for Peace Act for both emergency and non-
emergency purposes.
Sec. 763. In addition to any other funds made available in
this Act or any other Act, there is appropriated $5,000,000
to carry out section 18(g)(8) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(g)), to remain
available until expended.
Sec. 764. None of the funds made available by this Act may
be used by the Food and Drug Administration to develop,
issue, promote, or advance any regulations applicable to food
manufacturers for population-wide sodium reduction actions or
to develop, issue, promote or advance final guidance
applicable to food manufacturers for long term population-
wide sodium reduction actions until the date on which a
dietary reference intake report with respect to sodium is
completed.
Sec. 765. Pursuant to section 185 of Public Law 114-223
(as added by Public Law 114-254 (130 Stat. 1018)), the
Secretary of Agriculture may provide financial and technical
assistance to remove and dispose of debris and sediment that
could adversely affect health and safety on non-Federal land
in a flood-affected county or parish: Provided, That such
assistance may be used to restore pre-disaster hydraulic
capacity of the watershed: Provided further, That such
assistance may not be used to correct an operation and
maintenance issue that existed prior to the disaster.
Sec. 766. Section 1244 of the Food Security Act of 1985
(16 U.S.C. 3844) is amended by adding at the end the
following:
``(m) Exemption From Certain Reporting Requirements.--
``(1) Definition of exempted producer.--In this subsection,
the term `exempted producer' means a producer or landowner
eligible to participate in any conservation program
administered by the Secretary.
``(2) Exemption.--Notwithstanding the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-
282; 31 U.S.C. 6101 note), the requirements of parts 25 and
170 of title 2, Code of Federal Regulations (and any
successor regulations), shall not apply with respect to
assistance received by an exempted producer from the
Secretary, acting through the Natural Resources Conservation
Service.''.
Sec. 767. There is hereby appropriated $600,000 for the
purposes of section 727 of division A of Public Law 112-55.
Sec. 768. None of the funds made available by this Act may
be used in contravention of--
(1) section 9(b)(10) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(10)); or
(2) section 245.8 of title 7, Code of Federal Regulations.
Sec. 769. There is hereby appropriated $1,000,000, to
remain available until September 30, 2019, for the cost of
loans and grants that is consistent with section 4206 of the
Agricultural Act of 2014, for necessary expenses of the
Secretary to support projects that provide access to healthy
food in underserved areas, to create and preserve quality
jobs, and to revitalize low-income communities.
Sec. 770. During fiscal year 2018, the Food and Drug
Administration shall not allow the introduction or delivery
for introduction into interstate commerce of any food that
contains genetically engineered salmon until the FDA
publishes final labeling guidelines for informing consumers
of such content.
Sec. 771. For an additional amount for ``Animal and Plant
Health Inspection Service--Salaries and Expenses'',
$7,500,000, to remain available until September 30, 2019, for
one-time control and management and associated activities
directly related to the multiple-agency response to citrus
greening.
Sec. 772. (a) The Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6931) is amended--
(1) by striking ``Subtitle B--Farm and Foreign Agricultural
Services'' and inserting ``Subtitle B--Farm Production and
Conservation''; and
(2) by revising section 225 to read as follows:
``SEC. 225. UNDER SECRETARY OF AGRICULTURE FOR FARM
PRODUCTION AND CONSERVATION.
``(a) Authorization.--The Secretary is authorized to
establish in the Department the position of Under Secretary
of Agriculture for Farm Production and Conservation.
``(b) Confirmation Required.--If the Secretary establishes
the position of Under Secretary of Agriculture for Farm
Production and Conservation authorized under subsection (a),
the Under Secretary shall be appointed by the President, by
and with the advice and consent of the Senate.
``(c) Functions of Undersecretary.--The Under Secretary of
Agriculture for Farm Production and Conservation shall
perform such functions and duties as the Secretary shall
prescribe.
``(d) Succession.--Any official who is serving as Under
Secretary of Agriculture for Farm and Foreign Agricultural
Services on the date of the enactment of this Act and who was
appointed by the President, by and with the advice and
consent of the Senate, shall not be required to be
reappointed under subsection (b) to the successor position
authorized under subsection (a).''.
(b) Section 5314 of title 5, United States Code, is amended
by striking ``Under Secretary of Agriculture for Farm and
Foreign Agricultural Services.'' and inserting ``Under
Secretary of Agriculture for Farm Production and
Conservation.'' and ``Under Secretary of Agriculture for
Trade and Foreign Agricultural Affairs.''.
Sec. 773. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated
by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for
Human Consumption,'' and published on November 27, 2015, with
respect to the regulation of the production, distribution,
sale, or receipt of grape varietals that are grown, harvested
and used solely for wine and receive commercial processing
that adequately reduces the presence
[[Page H1784]]
of microorganisms of public health significance.
Sec. 774. None of the funds made available by this Act may
be used to revoke an exception made--
(1) pursuant to the rule entitled ``Exceptions to
Geographic Areas for Official Agencies Under the USGSA''
published by the Department of Agriculture in the Federal
Register on April 18, 2003 (68 Fed. Reg. 19137, 19139); and
(2) on a date before April 14, 2017.
Sec. 775. There is hereby appropriated $20,000,000, to
remain available until expended, for an additional amount for
telemedicine and distance learning services in rural areas,
as authorized by 7 U.S.C 950aaa et seq., to help address the
opioid epidemic in rural America.
Sec. 776. For school year 2018-2019, only a school food
authority that had a negative balance in the nonprofit school
food service account as of January 31, 2018, shall be
required to establish a price for paid lunches in accordance
with Section 12(p) of the Richard B. Russell National School
Lunch Act, 42 U.S.C. 1760(p).
Sec. 777. There is hereby appropriated $5,000,000, to
remain available until September 30, 2019, for a pilot
program for the National Institute of Food and Agriculture to
provide grants to nonprofit organizations for programs and
services to establish and enhance farming and ranching
opportunities for military veterans.
Sec. 778. For an additional amount for ``Department of
Health and Human Services--Food and Drug Administration--
Salaries and Expenses'', $94,000,000, to remain available
until expended, in addition to amounts otherwise made
available for necessary expenses of processing opioid and
other articles imported or offered for import through
international mail facilities of the U.S. Postal Service:
Provided, That such additional amounts shall also be
available for expanding and enhancing inspection capacity
related to such processing activity (including but not
limited to increasing staffing, obtaining necessary equipment
and supplies, and expanding and upgrading infrastructure,
laboratory facilities, and data libraries): Provided
further, That amounts appropriated under this section shall
be in addition to amounts otherwise made available for
research and criminal investigations related to such import
articles, and be available for enhancing such research and
investigations: Provided further, That the Secretary of
Health and Human Services shall provide quarterly reports to
the Committees on Appropriations of the House and Senate on
the obligation of amounts appropriated under this section.
Sec. 779. For an additional amount for ``Rural Utilities
Service--Distance Learning, Telemedicine, and Broadband
Program'', $600,000,000, to remain available until expended,
for the Secretary of Agriculture to conduct a new broadband
loan and grant pilot program under the Rural Electrification
Act of 1936 (7 U.S.C. 901 et seq.): Provided, That for the
purpose of the new pilot program, the authorities provided in
such Act shall include the authority to make grants for such
purposes, as described in section 601(a) of such Act:
Provided further, That the cost of direct loans shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That at least 90 percent of the
households to be served by a project receiving a loan or
grant under the pilot program shall be in a rural area
without sufficient access to broadband, defined for this
pilot program as 10 Mbps downstream, and 1 Mbps upstream,
which shall be reevaluated and redetermined, as necessary, on
an annual basis by the Secretary of Agriculture: Provided
further, That an entity to which a loan or grant is made
under the pilot program shall not use the loan or grant to
overbuild or duplicate broadband expansion efforts made by
any entity that has received a broadband loan from the Rural
Utilities Service: Provided further, That in addition to
other available funds, not more than four percent of the
funds can be used for administrative costs to carry out this
pilot program and up to three percent may be utilized for
technical assistance and pre-development planning activities
to support the most rural communities, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses'': Provided further, That
the Rural Utility Service is directed to expedite program
delivery methods that would implement this section: Provided
further, That for purposes of this section, the Secretary
shall adhere to the notice, reporting and service area
assessment requirements set forth in sections 6104(a)(2)(D)
and 6104(a)(2)(E) of the Agricultural Act of 2014 (7 U.S.C.
950bb(d)(5), and 950bb(d)(8) and 950bb(d)(10)).
Sec. 780. For an additional amount for the cost of direct
loans and grants made under the ``Rural Water and Waste
Disposal Program Account'', $500,000,000, to remain available
until expended, of which not to exceed $495,000,000 shall be
for grants.
Sec. 781. The Secretary of Agriculture and the
Commissioner of Food and Drugs shall--
(1) post on a public Website in a searchable format
information on competitive grant awards made using funds made
available under an appropriations Act (other than funds
appropriated to the Commodity Credit Corporation, the Forest
Service, or funds provided under the heading ``Food for Peace
Title II Grants'') that includes, with respect to each such
award, the Congressional District corresponding to the State,
District, Tribal jurisdiction, or territory of the United
States in which the recipient of the funds is geographically
located; and
(2) not provide advance notification of such grant awards
to any person outside of the Department of Agriculture or the
Food and Drug Administration except potential awardees, until
such information is posted, as described in paragraph (1).
Sec. 782. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 783. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the Biomass
Crop Assistance Program authorized by section 9011 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8111).
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2018''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to sections 3702 and 3703 of title 44, United States Code;
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration between
two points abroad, without regard to section 40118 of title
49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space
abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in
the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not
to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie
lines, $495,000,000, to remain available until September 30,
2019, of which $13,000,000 is to be derived from fees to be
retained and used by the International Trade Administration,
notwithstanding section 3302 of title 31, United States Code:
Provided, That, of amounts provided under this heading, not
less than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities:
Provided further, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these
activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign
countries; not to exceed $13,500 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22
U.S.C. 401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without
regard to any price limitation otherwise established by law,
$113,500,000, to remain available until expended: Provided,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities: Provided
further, That payments and contributions collected and
accepted for materials or services provided as part of such
activities may be retained for use in covering the cost of
such activities, and for providing information to the public
with respect to the export
[[Page H1785]]
administration and national security activities of the
Department of Commerce and other export control programs of
the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by
section 27 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722), $262,500,000, to remain available
until expended, of which $21,000,000 shall be for grants
under such section 27.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$39,000,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722), and the Community
Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$39,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $99,000,000, to remain available until September
30, 2019.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling,
analyzing, preparing and publishing statistics, provided for
by law, $270,000,000: Provided, That, from amounts provided
herein, funds may be used for promotion, outreach, and
marketing activities: Provided further, That the Bureau of
the Census shall collect and analyze data for the Annual
Social and Economic Supplement to the Current Population
Survey using the same health insurance questions included in
previous years, in addition to the revised questions
implemented in the Current Population Survey beginning in
February 2014.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling,
analyzing, preparing and publishing statistics for periodic
censuses and programs provided for by law, $2,544,000,000, to
remain available until September 30, 2020: Provided, That,
from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $2,580,000
shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out
investigations and audits related to the Bureau of the
Census: Provided further, That not more than 50 percent of
the amounts made available under this heading for information
technology related to 2020 census delivery, including the
Census Enterprise Data Collection and Processing (CEDCaP)
program, may be obligated until the Secretary updates the
previous expenditure plan and resubmits to the Committees on
Appropriations of the House of Representatives and the Senate
a plan for expenditure that: (1) identifies for each CEDCaP
project/investment over $25,000: (A) the functional and
performance capabilities to be delivered and the mission
benefits to be realized; (B) an updated estimated lifecycle
cost, including cumulative expenditures to date by fiscal
year, and all revised estimates for development, maintenance,
and operations; (C) key milestones to be met; and (D) impacts
of cost variances on other Census programs; (2) details for
each project/investment: (A) reasons for any cost and
schedule variances; and (B) top risks and mitigation
strategies; and (3) has been submitted to the Government
Accountability Office.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $39,500,000, to remain available until September 30,
2019: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and
related services, and such fees shall be retained and used as
offsetting collections for costs of such spectrum services,
to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended:
Provided further, That $7,500,000 shall be to update the
national broadband availability map in coordination with the
Federal Communications Commission and using partnerships
previously developed with the States.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until
their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO,
$3,500,000,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law
are received during fiscal year 2018, so as to result in a
fiscal year 2018 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year
2018, should the total amount of such offsetting collections
be less than $3,500,000,000 this amount shall be reduced
accordingly: Provided further, That any amount received in
excess of $3,500,000,000 in fiscal year 2018 and deposited in
the Patent and Trademark Fee Reserve Fund shall remain
available until expended: Provided further, That the
Director of USPTO shall submit a spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That any amounts reprogrammed in accordance
with the preceding proviso shall be transferred to the United
States Patent and Trademark Office ``Salaries and Expenses''
account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal
year 2018 for official reception and representation expenses:
Provided further, That in fiscal year 2018 from the amounts
made available for ``Salaries and Expenses'' for the USPTO,
the amounts necessary to pay (1) the difference between the
percentage of basic pay contributed by the USPTO and
employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section
8331(17) of that title) as provided by the Office of
Personnel Management (OPM) for USPTO's specific use, of basic
pay, of employees subject to subchapter III of chapter 83 of
that title, and (2) the present value of the otherwise
unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees
who are enrolled in Federal Employees Health Benefits (FEHB)
and Federal Employees Group Life Insurance (FEGLI), shall be
transferred to the Civil Service Retirement and Disability
Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and
shall be available for the authorized purposes of those
accounts: Provided further, That any differences between the
present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's
specific use shall be recognized as an imputed cost on
USPTO's financial statements, where applicable: Provided
further, That, notwithstanding any other provision of law,
all fees and surcharges assessed and collected by USPTO are
available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29):
Provided further, That within the amounts appropriated,
$1,000,000 shall be transferred to the ``Office of Inspector
General'' account for activities associated with carrying out
investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of
Standards and Technology (NIST), $724,500,000, to remain
available until expended, of which not to exceed $9,000,000
may be transferred to the ``Working Capital Fund'':
Provided, That not to exceed $20,000 shall be for official
reception and representation expenses: Provided further,
That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$155,000,000, to remain available until expended, of which
$140,000,000 shall be for the Hollings Manufacturing
Extension Partnership, and of which $15,000,000 shall be for
the National Network for Manufacturing Innovation (also known
as ``Manufacturing USA'').
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of
[[Page H1786]]
existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards
and Technology Act (15 U.S.C. 278c-278e), $319,000,000, to
remain available until expended: Provided, That the
Secretary of Commerce shall include in the budget
justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each
National Institute of Standards and Technology construction
project having a total multi-year program cost of more than
$5,000,000, and simultaneously the budget justification
materials shall include an estimate of the budgetary
requirements for each such project for each of the 5
subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; pilot programs for state-led fisheries management,
notwithstanding any other provision of law; grants,
contracts, or other payments to nonprofit organizations for
the purposes of conducting activities pursuant to cooperative
agreements; and relocation of facilities, $3,536,331,000, to
remain available until September 30, 2019, except that funds
provided for cooperative enforcement shall remain available
until September 30, 2020: Provided, That fees and donations
received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the
salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That in addition, $144,000,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program, Cooperative
Research, Annual Stock Assessments, Survey and Monitoring
Projects, Interjurisdictional Fisheries Grants, and Fish
Information Networks: Provided further, That of the
$3,697,831,000 provided for in direct obligations under this
heading, $3,536,331,000 is appropriated from the general
fund, $144,000,000 is provided by transfer, and $17,500,000
is derived from recoveries of prior year obligations:
Provided further, That any deviation from the amounts
designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents' Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$2,290,684,000, to remain available until September 30, 2020,
except that funds provided for acquisition and construction
of vessels and construction of facilities shall remain
available until expended: Provided, That of the
$2,303,684,000 provided for in direct obligations under this
heading, $2,290,684,000 is appropriated from the general fund
and $13,000,000 is provided from recoveries of prior year
obligations: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That the
Secretary of Commerce shall include in budget justification
materials that the Secretary submits to Congress in support
of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or
construction project having a total of more than $5,000,000
and simultaneously the budget justification shall include an
estimate of the budgetary requirements for each such project
for each of the 5 subsequent fiscal years: Provided further,
That, within the amounts appropriated, $1,302,000 shall be
transferred to the ``Office of Inspector General'' account
for activities associated with carrying out investigations
and audits related to satellite procurement, acquisition and
construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2019: Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants
to the States of Washington, Oregon, Idaho, Nevada,
California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including
Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or
endangered, or that are identified by a State as at-risk to
be so listed, for maintaining populations necessary for
exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further,
That all funds shall be allocated based on scientific and
other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed
to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of
the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $349,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
fishery disaster assistance
For the necessary expenses associated with the mitigation
of fishery disasters, $20,000,000 to remain available until
expended: Provided, That funds shall be used for mitigating
the effects of commercial fishery failures and fishery
resource disasters as declared by the Secretary of Commerce.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2018, obligations of direct loans
may not exceed $24,000,000 for Individual Fishing Quota loans
and not to exceed $100,000,000 for traditional direct loans
as authorized by the Merchant Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed
$4,500 for official reception and representation,
$63,000,000.
renovation and modernization
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $45,130,000, to remain
available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $32,744,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds
for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (Public Law 112-55), as amended by
section 105 of title I of division B of Public Law 113-6, are
hereby adopted by reference and made applicable with respect
to fiscal year 2018: Provided, That the life cycle cost for
the Joint Polar Satellite System is $11,322,125,000 and the
life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to
utilities, telecommunications, and security services)
necessary to support the operation, maintenance, and
improvement of space that persons, firms, or organizations
are authorized, pursuant to the Public Buildings Cooperative
Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building,
[[Page H1787]]
Washington, DC, or other buildings, the maintenance,
operation, and protection of which has been delegated to the
Secretary from the Administrator of General Services pursuant
to the Federal Property and Administrative Services Act of
1949 on a reimbursable or non-reimbursable basis. Amounts
received as reimbursement for services provided under this
section or the authority under which the use or occupancy of
the space is authorized, up to $200,000, shall be credited to
the appropriation or fund which initially bears the costs of
such services.
Sec. 106. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or
possession, or of any political subdivision thereof, or of
any foreign government or international organization, for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Administration.
Sec. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has
provided information to the customer on how an electronic
copy of such report or document may be accessed and
downloaded for free online. Should a customer still require
the Service to provide a printed or digital copy of the
report or document, the charge shall be limited to recovering
the Service's cost of processing, reproducing, and delivering
such report or document.
Sec. 109. The Secretary of Commerce may waive the
requirement for bonds under 40 U.S.C. 3131 with respect to
contracts for the construction, alteration, or repair of
vessels, regardless of the terms of the contracts as to
payment or title, when the contract is made under the Coast
and Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.).
Sec. 110. To carry out the responsibilities of the
National Oceanic and Atmospheric Administration (NOAA), the
Administrator of NOAA is authorized to: (1) enter into grants
and cooperative agreements with; (2) use on a non-
reimbursable basis land, services, equipment, personnel, and
facilities provided by; and (3) receive and expend funds made
available on a consensual basis from: a Federal agency, State
or subdivision thereof, local government, tribal government,
territory, or possession or any subdivisions thereof:
Provided, That funds received for permitting and related
regulatory activities pursuant to this section shall be
deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and
Facilities'' and shall remain available until September 30,
2020, for such purposes: Provided further, That all funds
within this section and their corresponding uses are subject
to section 505 of this Act.
Sec. 111. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for
necessary expenses of the programs of the Economics and
Statistics Administration of the Department of Commerce,
including amounts provided for programs of the Bureau of
Economic Analysis and the Bureau of the Census, shall be
available for expenses of cooperative agreements with
appropriate entities, including any Federal, State, or local
governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities
which further the purposes for which such amounts have been
made available.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2018''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $114,000,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $35,000,000, to remain available until expended:
Provided, That the Attorney General may transfer up to
$35,400,000 to this account, from funds available to the
Department of Justice for information technology, to remain
available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer
authority in the preceding proviso is in addition to any
other transfer authority contained in this Act: Provided
further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
executive office for immigration review
(including transfer of funds)
For expenses necessary for the administration of
immigration-related activities of the Executive Office for
Immigration Review, $504,500,000, of which $4,000,000 shall
be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration
Examinations Fee'' account: Provided, That not to exceed
$35,000,000 of the total amount made available under this
heading shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$97,250,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $13,308,000: Provided, That,
notwithstanding any other provision of law, upon the
expiration of a term of office of a Commissioner, the
Commissioner may continue to act until a successor has been
appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; the
administration of pardon and clemency petitions; and rent of
private or Government-owned space in the District of
Columbia, $897,500,000, of which not to exceed $20,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the amount provided for INTERPOL
Washington dues payments, not to exceed $685,000 shall remain
available until expended: Provided further, That of the
total amount appropriated, not to exceed $9,000 shall be
available to INTERPOL Washington for official reception and
representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
of the amount appropriated, such sums as may be necessary
shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program
under section 8 of the Voting Rights Act of 1965 (52 U.S.C.
10305) and to reimburse the Office of Personnel Management
for such salaries and expenses: Provided further, That of
the amounts provided under this heading for the election
monitoring program, $3,390,000 shall remain available until
expended.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $10,000,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $164,977,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $126,000,000 in fiscal year 2018), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2018, so as to result in a
final fiscal year 2018 appropriation from the general fund
estimated at $38,977,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,136,750,000: Provided, That of the total
amount appropriated, not to exceed $7,200 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain
available until expended: Provided further, That each United
States Attorney shall establish or participate in a task
force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $225,908,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, deposits to the United States Trustee
System Fund and amounts herein appropriated shall be
available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That,
[[Page H1788]]
notwithstanding any other provision of law, fees collected
pursuant to section 589a(b) of title 28, United States Code,
shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended:
Provided further, That to the extent that fees collected in
fiscal year 2018, net of amounts necessary to pay refunds due
depositors, exceed $225,908,000, those excess amounts shall
be available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general
fund shall be reduced (1) as such fees are received during
fiscal year 2018, net of amounts necessary to pay refunds due
depositors, (estimated at $231,000,000) and (2) to the extent
that any remaining general fund appropriations can be derived
from amounts deposited in the Fund in previous fiscal years
that are not otherwise appropriated, so as to result in a
final fiscal year 2018 appropriation from the general fund
estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,409,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended, of which not to exceed $16,000,000
is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness
security caravans; and not to exceed $15,000,000 is for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses: Provided, That amounts
made available under this heading may not be transferred
pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$15,500,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code,
$20,514,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $1,311,492,000, of which not to exceed $6,000 shall
be available for official reception and representation
expenses, and not to exceed $15,000,000 shall remain
available until expended.
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $53,400,000, to remain available until
expended.
federal prisoner detention
(including transfer of funds)
For necessary expenses related to United States prisoners
in the custody of the United States Marshals Service as
authorized by section 4013 of title 18, United States Code,
$1,536,000,000, to remain available until expended:
Provided, That not to exceed $20,000,000 shall be considered
``funds appropriated for State and local law enforcement
assistance'' pursuant to section 4013(b) of title 18, United
States Code: Provided further, That the United States
Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System: Provided
further, That any unobligated balances available from funds
appropriated under the heading ``General Administration,
Detention Trustee'' shall be transferred to and merged with
the appropriation under this heading.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the
National Security Division, $101,031,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking organizations,
transnational organized crime, and money laundering
organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and
drug trafficking, $542,850,000, of which $50,000,000 shall
remain available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $9,030,202,000, of which
not to exceed $216,900,000 shall remain available until
expended: Provided, That not to exceed $184,500 shall be
available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings, facilities and
sites by purchase, or as otherwise authorized by law;
conversion, modification and extension of federally owned
buildings; preliminary planning and design of projects; and
operation and maintenance of secure work environment
facilities and secure networking capabilities; $370,000,000,
to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to section 530C of title 28, United States Code; and expenses
for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs, $2,190,326,000, of
which not to exceed $75,000,000 shall remain available until
expended and not to exceed $90,000 shall be available for
official reception and representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and
for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,293,776,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $20,000,000 shall remain
available until expended: Provided, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States
Code: Provided further, That such funds shall be available
to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code:
Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and
Explosives to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, and for the provision of
technical assistance and advice on corrections related issues
to foreign governments, $7,114,000,000: Provided, That the
Attorney General may transfer to the Department of Health and
Human Services such amounts as may be necessary for direct
expenditures by that Department for medical relief for
inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the Federal Prison System, furnish health services to
individuals committed to the custody of the Federal
[[Page H1789]]
Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation
expenses: Provided further, That not to exceed $50,000,000
shall remain available for necessary operations until
September 30, 2019: Provided further, That, of the amounts
provided for contract confinement, not to exceed $20,000,000
shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements,
and other expenses: Provided further, That the Director of
the Federal Prison System may accept donated property and
services relating to the operation of the prison card program
from a not-for-profit entity which has operated such program
in the past, notwithstanding the fact that such not-for-
profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-
release services, halfway houses, or other custodial
facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $161,571,000, to remain available until expended:
Provided, That labor of United States prisoners may be used
for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) (``the
1968 Act''); the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11101 et seq.) (``the 1974
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386) (``the 2000 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Violence Against Women Reauthorization Act of
2013 (Public Law 113-4) (``the 2013 Act''); and the Rape
Survivor Child Custody Act of 2015 (Public Law 114-22) (``the
2015 Act''); and for related victims services, $492,000,000,
to remain available until expended, which shall be derived by
transfer from amounts available for obligation in this Act
from the Fund established by section 1402 of chapter XIV of
title II of Public Law 98-473 (34 U.S.C. 20101),
notwithstanding section 1402(d) of such Act of 1984, and
merged with the amounts otherwise made available under this
heading: Provided, That except as otherwise provided by law,
not to exceed 5 percent of funds made available under this
heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That
of the amount provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $35,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $3,500,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office
of Justice Programs;
(4) $11,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the
programs authorized by sections 41201, 41204, 41303, and
41305 of the 1994 Act, prior to its amendment by the 2013
Act, shall be available for this program: Provided further,
That 10 percent of the total amount available for this grant
program shall be available for grants under the program
authorized by section 2015 of the 1968 Act: Provided
further, That the definitions and grant conditions in section
40002 of the 1994 Act shall apply to this program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000
is for a homicide reduction initiative;
(6) $35,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $40,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $45,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000
Act: Provided, That unobligated balances available for the
programs authorized by section 1301 of the 2000 Act and
section 41002 of the 1994 Act, prior to their amendment by
the 2013 Act, shall be available for this program;
(12) $6,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be
transferred to ``Research, Evaluation and Statistics'' for
administration by the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to
sexual assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist tribal governments
in exercising special domestic violence criminal
jurisdiction, as authorized by section 904 of the 2013 Act:
Provided, That the grant conditions in section 40002(b) of
the 1994 Act shall apply to this program; and
(17) $1,500,000 for the purposes authorized under the 2015
Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Juvenile
Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (34 U.S.C.
11291 et seq.); the Prosecutorial Remedies and Other Tools to
end the Exploitation of Children Today Act of 2003 (Public
Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law
101-647); the Second Chance Act of 2007 (Public Law 110-199);
the Victims of Crime Act of 1984 (Public Law 98-473); the
Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
Children Act of 2008 (Public Law 110-401); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the NICS Improvement Amendments
Act of 2007 (Public Law 110-180); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and other programs, $90,000,000, to remain available
until expended, of which--
(1) $48,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act, of which $5,000,000 is for a
nationwide incident-based crime statistics program; and
(2) $42,000,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle D of title II
of the 2002 Act, of which $4,000,000 is for research targeted
toward developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention.
[[Page H1790]]
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the Second Chance Act of 2007
(Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public
Law 110-403); the Victims of Crime Act of 1984 (Public Law
98-473); the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008 (Public
Law 110-416); the Violence Against Women Reauthorization Act
of 2013 (Public Law 113-4) (``the 2013 Act''); the
Comprehensive Addiction and Recovery Act of 2016 (Public Law
114-198) (``CARA''); the Justice for All Reauthorization Act
of 2016 (Public Law 114-324); and other programs,
$1,677,500,000, to remain available until expended as
follows--
(1) $415,500,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g) of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1, $10,000,000
is for the Officer Robert Wilson III Memorial Initiative on
Preventing Violence Against Law Enforcement Officer
Resilience and Survivability (VALOR), $5,000,000 is for an
initiative to support evidence-based policing, $2,500,000 is
for an initiative to enhance prosecutorial decision-making,
$2,400,000 is for the operationalization, maintenance and
expansion of the National Missing and Unidentified Persons
System, $2,500,000 is for a national training initiative to
improve police-based responses to people with mental illness
or developmental disabilities, $20,000,000 is for competitive
and evidence-based programs to reduce gun crime and gang
violence, $2,000,000 is for a student loan repayment
assistance program pursuant to section 952 of Public Law 110-
315, $15,500,000 is for prison rape prevention and
prosecution grants to states and units of local government,
and other programs, as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108-79), and $16,000,000
is for emergency law enforcement assistance for events
occurring during or after fiscal year 2018, as authorized by
section 609M of the Justice Assistance Act of 1984 (34 U.S.C.
50101);
(2) $240,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $77,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, for programs authorized under Public Law 109-164, or
programs authorized under Public Law 113-4;
(4) $3,000,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405,
and for grants for wrongful conviction review;
(5) $14,000,000 for economic, high technology, white collar
and Internet crime prevention grants, including as authorized
by section 401 of Public Law 110-403;
(6) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(7) $22,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards for
research, testing and evaluation programs;
(8) $1,000,000 for the National Sex Offender Public
Website;
(9) $75,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110-180);
(10) $30,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(11) $130,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $120,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities, including the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers
program (Public Law 108-405, section 303);
(B) $6,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(12) $47,500,000 for a grant program for community-based
sexual assault response reform;
(13) $12,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(14) $35,000,000 for assistance to Indian tribes;
(15) $85,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199), without regard to the time limitations
specified at section 6(1) of such Act, of which not to exceed
$6,000,000 is for a program to improve State, local, and
tribal probation or parole supervision efforts and
strategies, $5,000,000 is for Children of Incarcerated
Parents Demonstrations to enhance and maintain parental and
family relationships for incarcerated parents as a reentry or
recidivism reduction strategy, and $4,000,000 is for
additional replication sites employing the Project HOPE
Opportunity Probation with Enforcement model implementing
swift and certain sanctions in probation, and for a research
project on the effectiveness of the model: Provided, That up
to $7,500,000 of funds made available in this paragraph may
be used for performance-based awards for Pay for Success
projects, of which up to $5,000,000 shall be for Pay for
Success programs implementing the Permanent Supportive
Housing Model;
(16) $75,000,000 for the Comprehensive School Safety
Initiative;
(17) $65,000,000 for initiatives to improve police-
community relations, of which $22,500,000 is for a
competitive matching grant program for purchases of body-worn
cameras for State, local and tribal law enforcement,
$25,000,000 is for a justice reinvestment initiative, for
activities related to criminal justice reform and recidivism
reduction, and $17,500,000 is for an Edward Byrne Memorial
criminal justice innovation program; and
(18) $330,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid abuse
reduction consistent with underlying program authorities--
(A) $75,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(B) $30,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(C) $30,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(D) $20,000,000 for a veterans treatment courts program;
(E) $30,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products; and
(F) $145,000,000 for a comprehensive opioid abuse program:
Provided, That, if a unit of local government uses any of
the funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform non-administrative public
sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C.
11291 et seq.); the Prosecutorial Remedies and Other Tools to
end the Exploitation of Children Today Act of 2003 (Public
Law 108-21); the Victims of Child Abuse Act of 1990 (Public
Law 101-647) (``the 1990 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the
Adam Walsh Act''); the PROTECT Our Children Act of 2008
(Public Law 110-401); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Justice for All Reauthorization Act of 2016
(Public Law 114-324); and other juvenile justice programs,
$282,500,000, to remain available until expended as follows--
(1) $60,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local and tribal juvenile justice residential facilities;
(2) $94,000,000 for youth mentoring grants;
[[Page H1791]]
(3) $27,500,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to
sections 261 and 262 thereof--
(A) $5,000,000 shall be for the Tribal Youth Program;
(B) $4,000,000 shall be for gang and youth violence
education, prevention and intervention, and related
activities;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated
parents;
(D) $2,000,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(E) $8,000,000 shall be for community-based violence
prevention initiatives, including for public health
approaches to reducing shootings and violence; and
(F) $8,000,000 shall be for an opioid-affected youth
initiative;
(4) $21,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $76,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the 1974 Act (except that section 102(b)(4)(B) of
the PROTECT Our Children Act of 2008 (Public Law 110-401)
shall not apply for purposes of this Act);
(6) $2,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act; and
(7) $2,000,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of the amounts
designated under paragraphs (1) through (3) and (6) may be
used for training and technical assistance: Provided
further, That the two preceding provisos shall not apply to
grants and projects administered pursuant to sections 261 and
262 of the 1974 Act and to missing and exploited children
programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs), to remain available until
expended; and $24,800,000 for payments authorized by section
1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until
expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for such
disability and education payments, the Attorney General may
transfer such amounts to ``Public Safety Officer Benefits''
from available appropriations for the Department of Justice
as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the preceding
proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); and the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''), $275,500,000, to remain available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in
accordance with section 505 of this Act: Provided further,
That of the amount provided under this heading--
(1) $225,500,000 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section: Provided, That, notwithstanding section 1704(c) of
such title (34 U.S.C. 10384(c)), funding for hiring or
rehiring a career law enforcement officer may not exceed
$125,000 unless the Director of the Office of Community
Oriented Policing Services grants a waiver from this
limitation: Provided further, That within the amounts
appropriated under this paragraph, $30,000,000 is for
improving tribal law enforcement, including hiring,
equipment, training, anti-methamphetamine activities, and
anti-opioid activities: Provided further, That of the
amounts appropriated under this paragraph, $10,000,000 is for
community policing development activities in furtherance of
the purposes in section 1701: Provided further, That of the
amounts appropriated under this paragraph $36,000,000 is for
regional information sharing activities, as authorized by
part M of title I of the 1968 Act, which shall be transferred
to and merged with ``Research, Evaluation, and Statistics''
for administration by the Office of Justice Programs;
(2) $10,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $8,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of
precursor chemicals, finished methamphetamine, laboratories,
and laboratory dump seizures: Provided, That funds
appropriated under this paragraph shall be utilized for
investigative purposes to locate or investigate illicit
activities, including precursor diversion, laboratories, or
methamphetamine traffickers; and
(4) $32,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including
activities related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful heroin and
prescription opioid traffickers through statewide
collaboration.
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape or incest: Provided,
That should this prohibition be declared unconstitutional by
a court of competent jurisdiction, this section shall be null
and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206. None of the funds made available under this
title may be used by the Federal Bureau of Prisons or the
United States Marshals Service for the purpose of
transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 207. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental,
maintenance, or purchase of audiovisual or electronic media
or equipment for inmate training, religious, or educational
programs.
Sec. 208. None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board
certify to the Committees on Appropriations of the House of
Representatives and the Senate that the information
technology program has appropriate program management
controls and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of section 545 of title 28, United
States Code.
Sec. 212. At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this title
[[Page H1792]]
under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and
``Juvenile Justice Programs''--
(1) up to 3 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical
assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation,
or statistical programs administered by the National
Institute of Justice and the Bureau of Justice Statistics,
shall be transferred to and merged with funds provided to the
National Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research, evaluation, or
statistical purposes, without regard to the authorizations
for such grant or reimbursement programs.
Sec. 213. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the
Attorney General may, with respect to funds appropriated in
this or any other Act making appropriations for fiscal years
2015 through 2018 for the following programs, waive the
following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10631 et seq.), the requirements under section
2976(g)(1) of such part (34 U.S.C. 10631(g)(1)).
(2) For State, Tribal, and local reentry courts under part
FF of title I of such Act of 1968 (34 U.S.C. 10631 et seq.),
the requirements under section 2978(e)(1) and (2) of such
part (34 U.S.C. 10633(e)(1) and (2)).
(3) For the prosecution drug treatment alternatives to
prison program under part CC of title I of such Act of 1968
(34 U.S.C. 10581), the requirements under the second sentence
of section 2901(f) of such part (34 U.S.C. 10581(f)).
Sec. 214. Notwithstanding any other provision of law,
section 20109(a) of subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12109(a)) shall not apply to amounts made available by this
or any other Act.
Sec. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of
an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is
an agent of a drug cartel, unless law enforcement personnel
of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2018, except up
to $40,000,000 may be obligated for implementation of a
unified Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of
Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation in fiscal year 2018, and any use,
obligation, transfer or allocation of such funds shall be
treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2018, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming
of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in
this Act for the Office of Justice Programs may be used to
participate in Performance Partnership Pilots authorized
under section 526 of division H of Public Law 113-76, section
524 of division G of Public Law 113-235, section 525 of
division H of Public Law 114-113, and such authorities as are
enacted for Performance Partnership Pilots in an
appropriations Act for fiscal years 2017 and 2018.
This title may be cited as the ``Department of Justice
Appropriations Act, 2018''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$5,544,000.
National Space Council
For necessary expenses of the National Space Council, in
carrying out the purposes of Title V of Public Law 100-685
and Executive Order 13803, hire of passenger motor vehicles,
and services as authorized by section 3109 of title 5, United
States Code, not to exceed $2,250 for official reception and
representation expenses, $1,965,000: Provided, That
notwithstanding any other provision of law, the National
Space Council may accept personnel support from Federal
agencies, departments, and offices, and such Federal
agencies, departments, and offices may detail staff without
reimbursement to the National Space Council for purposes
provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$6,221,500,000, to remain available until September 30, 2019:
Provided, That the formulation and development costs (with
development cost as defined under section 30104 of title 51,
United States Code) for the James Webb Space Telescope shall
not exceed $8,000,000,000: Provided further, That should the
individual identified under subsection (c)(2)(E) of section
30104 of title 51, United States Code, as responsible for the
James Webb Space Telescope determine that the development
cost of the program is likely to exceed that limitation, the
individual shall immediately notify the Administrator and the
increase shall be treated as if it meets the 30 percent
threshold described in subsection (f) of section 30104:
Provided further, That, of the amounts provided, $595,000,000
is for an orbiter and a lander to meet the science goals for
the Jupiter Europa mission as outlined in the most recent
planetary science decadal survey: Provided further, That the
National Aeronautics and Space Administration shall use the
Space Launch System as the launch vehicles for the Jupiter
Europa mission, plan for an orbiter launch no later than 2022
and a lander launch no later than 2024, and include in the
fiscal year 2020 budget the 5-year funding profile necessary
to achieve these goals.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$685,000,000, to remain available until September 30, 2019.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $760,000,000, to remain available until September
30, 2019: Provided, That $130,000,000 shall be for RESTORE.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$4,790,000,000, to remain available until September 30, 2019:
Provided, That not less than $1,350,000,000 shall be for the
Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,150,000,000 shall be for the Space Launch System
(SLS) launch vehicle, which shall have a lift capability not
less than 130 metric tons and which shall have core elements
and an Exploration Upper Stage developed simultaneously:
Provided further, That of the amounts provided for SLS, not
less than $300,000,000 shall be for Exploration Upper Stage
development: Provided further, That $895,000,000 shall be
for Exploration Ground Systems, including $350,000,000 for a
second mobile launch platform and associated SLS activities:
Provided further, That the National Aeronautics and Space
Administration (NASA) shall provide to the Committees on
Appropriations of the
[[Page H1793]]
House of Representatives and the Senate, concurrent with the
annual budget submission, a 5-year budget profile for an
integrated system that includes the Space Launch System, the
Orion Multi-Purpose Crew Vehicle, and associated ground
systems that will ensure an Exploration Mission-2 crewed
launch as early as possible, as well as a system-based
funding profile for a sustained launch cadence beyond the
initial crewed test launch: Provided further, That
acquisition of Orion crew vehicles, SLS launch vehicles,
Exploration Ground Systems, mobile launch platforms, and
their associated components may be funded incrementally in
fiscal year 2018 and thereafter: Provided further, That
$395,000,000 shall be for exploration research and
development.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft,
$4,751,500,000, to remain available until September 30, 2019.
education
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research,
development, operations, support, and services; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $100,000,000, to remain available
until September 30, 2019, of which $18,000,000 shall be for
the Established Program to Stimulate Competitive Research and
$40,000,000 shall be for the National Space Grant College and
Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space
technology, exploration, space operations and education
research and development activities, including research,
development, operations, support, and services; maintenance
and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed
$63,000 for official reception and representation expenses;
and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $2,826,900,000, to
remain available until September 30, 2019.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law, and environmental
compliance and restoration, $562,240,000, to remain available
until September 30, 2023: Provided, That proceeds from
leases deposited into this account shall be available for a
period of 5 years to the extent and in amounts as provided in
annual appropriations Acts: Provided further, That such
proceeds referred to in the preceding proviso shall be
available for obligation for fiscal year 2018 in an amount
not to exceed $9,470,300: Provided further, That each annual
budget request shall include an annual estimate of gross
receipts and collections and proposed use of all funds
collected pursuant to section 20145 of title 51, United
States Code.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$39,000,000, of which $500,000 shall remain available until
September 30, 2019.
administrative provisions
(including transfer of funds)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Balances so
transferred shall be merged with and available for the same
purposes and the same time period as the appropriations to
which transferred. Any transfer pursuant to this provision
shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation
except in compliance with the procedures set forth in that
section.
The spending plan required by this Act shall be provided by
NASA at the theme, program, project and activity level. The
spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public
Law 86-209 (42 U.S.C. 1880 et seq.); services as authorized
by section 3109 of title 5, United States Code; maintenance
and operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $6,334,476,000, to remain available until September
30, 2019, of which not to exceed $544,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and
other National Science Foundation supported research
facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $182,800,000, to remain
available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.), including services as
authorized by section 3109 of title 5, United States Code,
authorized travel, and rental of conference rooms in the
District of Columbia, $902,000,000, to remain available until
September 30, 2019.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger motor
vehicles; uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; rental
of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for
security guard services; $328,510,000: Provided, That not to
exceed $8,280 is for official reception and representation
expenses: Provided further, That contracts may be entered
into under this heading in fiscal year 2018 for maintenance
and operation of facilities and for other services to be
provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,370,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978,
$15,200,000, of which $400,000 shall remain available until
September 30, 2019.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science
Foundation in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers. Any transfer
pursuant to this paragraph shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
The Director of the National Science Foundation shall
notify the Committees on Appropriations of the House of
Representatives and the Senate at least 30 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the
National Science Foundation.
This title may be cited as the ``Science Appropriations
Act, 2018''.
[[Page H1794]]
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,700,000:
Provided, That none of the funds appropriated in this
paragraph may be used to employ any individuals under
Schedule C of subpart C of part 213 of title 5 of the Code of
Federal Regulations exclusive of one special assistant for
each Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days: Provided further, That none of the funds appropriated
in this paragraph shall be used for any activity or expense
that is not explicitly authorized by section 3 of the Civil
Rights Commission Act of 1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, section 501 of the Rehabilitation Act of 1973,
the Civil Rights Act of 1991, the Genetic Information
Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the
Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by section 3109 of title 5,
United States Code; hire of passenger motor vehicles as
authorized by section 1343(b) of title 31, United States
Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement
agencies for authorized services to the Commission,
$379,500,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,250 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations of the
House of Representatives and the Senate have been notified of
such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further,
That the Chair is authorized to accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles and
services as authorized by section 3109 of title 5, United
States Code, and not to exceed $2,250 for official reception
and representation expenses, $93,700,000, to remain available
until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$410,000,000, of which $376,000,000 is for basic field
programs and required independent audits; $5,100,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $19,400,000 is for management and grants
oversight; $4,000,000 is for client self-help and information
technology; $4,500,000 is for a Pro Bono Innovation Fund; and
$1,000,000 is for loan repayment assistance: Provided, That
the Legal Services Corporation may continue to provide
locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5,
United States Code, notwithstanding section 1005(d) of the
Legal Services Corporation Act (42 U.S.C. 2996d(d)):
Provided further, That the authorities provided in section
205 of this Act shall be applicable to the Legal Services
Corporation: Provided further, That, for the purposes of
section 505 of this Act, the Legal Services Corporation shall
be considered an agency of the United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2017 and 2018, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), $3,431,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by section 3109 of title 5, United States Code,
$57,600,000, of which $1,000,000 shall remain available until
expended: Provided, That of the total amount made available
under this heading, not to exceed $124,000 shall be available
for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative
authorized by section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405), including
transfers, $15,000,000, to be derived from the Trade
Enforcement Trust Fund: Provided, That any transfer pursuant
to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42
U.S.C. 10701 et seq.) $5,121,000, of which $500,000 shall
remain available until September 30, 2019: Provided, That
not to exceed $2,250 shall be available for official
reception and representation expenses: Provided further,
That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United
States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2018, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program,
project or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees;
(5) reorganizes or renames offices, programs or activities;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of
$500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing
programs, projects or activities as approved by Congress;
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or
shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to
authorized purchases of promotional items, funds made
available by this Act shall be used to purchase items that
are manufactured, produced, or assembled in the United
States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a quarterly report on the status of balances of
appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the
quarterly reports shall separately identify the amounts
[[Page H1795]]
attributable to each source year of appropriation from which
the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately
identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be
submitted within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any
aspect of a reporting requirement described in subsection (a)
due to a limitation of a current accounting system, the
department or agency shall fulfill such aspect to the maximum
extent practicable under such accounting system and shall
identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection
of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 510. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473
(34 U.S.C. 20101) in any fiscal year in excess of
$4,436,000,000 shall not be available for obligation until
the following fiscal year: Provided, That notwithstanding
section 1402(d) of such Act, of the amounts available from
the Fund for obligation: (1) $10,000,000 shall remain
available until expended to the Department of Justice Office
of Inspector General for oversight and auditing purposes; and
(2) 3 percent shall be available to the Office for Victims of
Crime for grants, consistent with the requirements of the
Victims of Crime Act, to Indian tribes to improve services
for victims of crime.
Sec. 511. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation,
and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of
grants or contracts for which funds are appropriated by this
Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet
website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall
be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a subcontract or in any other
manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire
a high-impact or moderate-impact information system, as
defined for security categorization in the National Institute
of Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be
owned, directed, or subsidized by the People's Republic of
China, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate-impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the FBI, that
the acquisition of such system is in the national interest of
the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
Sec. 515. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 516. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
[[Page H1796]]
Sec. 517. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 518. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 519. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair
Credit Reporting Act; The National Security Act of 1947; USA
PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by
these Acts.
Sec. 520. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent or more, the program manager shall immediately inform
the respective Secretary, Administrator, or Director. The
Secretary, Administrator, or Director shall notify the House
and Senate Committees on Appropriations within 30 days in
writing of such increase, and shall include in such notice:
the date on which such determination was made; a statement of
the reasons for such increases; the action taken and proposed
to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and
the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new
estimates of the total project or procurement costs; and a
statement validating that the project's management structure
is adequate to control total project or procurement costs.
Sec. 521. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2018 until the enactment of the
Intelligence Authorization Act for fiscal year 2018.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
(rescissions)
Sec. 523. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce,
Economic Development Administration, Economic Development
Assistance Programs, $10,000,000 is rescinded not later than
September 30, 2018.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby rescinded, not
later than September 30, 2018, from the following accounts in
the specified amounts--
(1) ``Working Capital Fund'', $154,768,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $127,291,000 including from, but not limited to,
fees collected to defray expenses for the automation of
fingerprint identification and criminal justice information
services and associated costs;
(3) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $15,000,000;
(4) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $40,000,000;
(5) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $10,000,000; and
(6) ``Legal Activities, Assets Forfeiture Fund'',
$304,000,000, is permanently rescinded.
(c) The Departments of Commerce and Justice shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a report no later than
September 1, 2018, specifying the amount of each rescission
made pursuant to subsections (a) and (b).
Sec. 524. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 525. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency, who
are stationed in the United States, at any single conference
occurring outside the United States unless such conference is
a law enforcement training or operational conference for law
enforcement personnel and the majority of Federal employees
in attendance are law enforcement personnel stationed outside
the United States.
Sec. 526. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 527. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 528. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department,
agency, or instrumentality and the total finances that have
not been obligated to a specific project remaining in the
accounts.
Sec. 529. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA) or the Office of Science and Technology
Policy (OSTP) to develop, design, plan, promulgate,
implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or
coordinate bilaterally in any way with China or any Chinese-
owned company unless such activities are specifically
authorized by a law enacted after the date of enactment of
this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors
at facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA or OSTP, after
consultation with the Federal Bureau of Investigation, have
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of
Investigation, no later than 30 days prior to the activity in
question and shall include a description of the purpose of
the activity, its agenda, its major participants, and its
location and timing.
Sec. 530. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any
model of shotgun if--
[[Page H1797]]
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Sec. 531. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication, or other law
enforcement- or victim assistance-related activity.
Sec. 532. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and
the United States Trade Representative, the National Space
Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency
head, to the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the date
of enactment of this Act.
Sec. 533. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 534. The Department of Commerce, the National
Aeronautics and Space Administration, and the National
Science Foundation shall provide a quarterly report to the
Committees on Appropriations of the House of Representatives
and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose
of such travel.
Sec. 535. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided,
respectively, for Public Works grants authorized by the
Public Works and Economic Development Act of 1965 and grants
authorized by section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates.
Sec. 536. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or for performance that does not
meet the basic requirements of a contract.
Sec. 537. None of the funds made available by this Act may
be used in contravention of section 7606 (``Legitimacy of
Industrial Hemp Research'') of the Agricultural Act of 2014
(Public Law 113-79) by the Department of Justice or the Drug
Enforcement Administration.
Sec. 538. None of the funds made available under this Act
to the Department of Justice may be used, with respect to any
of the States of Alabama, Alaska, Arizona, Arkansas,
California, Colorado, Connecticut, Delaware, Florida,
Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Missouri, Montana, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina,
North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode
Island, South Carolina, Tennessee, Texas, Utah, Vermont,
Virginia, Washington, West Virginia, Wisconsin, and Wyoming,
or with respect to the District of Columbia, Guam, or Puerto
Rico, to prevent any of them from implementing their own laws
that authorize the use, distribution, possession, or
cultivation of medical marijuana.
Sec. 539. Not later than 30 days after the enactment of
this Act, the Secretary of Commerce (Secretary) shall lift
the stay on the effective date of the final rule for the
seafood import monitoring program published by the Secretary
on December 9, 2016, (81 Fed. Reg. 88975 et seq.) for the
species described in section 300.324(a)(3) of title 50, Code
of Federal Regulations: Provided, That the compliance date
for the species described in section 300.324(a)(3) of title
50, Code of Federal Regulations, shall occur not later than
December 31, 2018: Provided further, That not later than
December 31, 2018, the Secretary shall establish a
traceability program for United States inland, coastal, and
marine aquaculture of shrimp and abalone from point of
production to entry into United States commerce: Provided
further, That the Secretary shall promulgate such regulations
as are necessary and appropriate to establish and implement
the program: Provided further, That information collected
pursuant to a regulation promulgated under this section shall
be confidential and not be disclosed except for the
information disclosed under section 401(b)(1) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1881a(b)(1)): Provided further, That any regulations
promulgated under this section shall be enforced as if this
section were a provision of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and
the regulations were promulgated under such Act.
Sec. 540. For an additional amount for ``Department of
Justice, State and Local Law Enforcement Activities, Office
of Justice Programs, State and Local Law Enforcement
Assistance'', $2,500,000 to keep young athletes safe.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2018''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $41,628,855,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $28,772,118,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$13,231,114,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $28,790,440,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$4,715,608,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,988,362,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of
[[Page H1798]]
the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military
Retirement Fund, $764,903,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$1,802,554,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under sections 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $8,264,626,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under sections 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $3,408,817,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$38,816,957,000: Provided, That not to exceed $12,478,000
can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Army, and payments may be made on his certificate of
necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $45,384,353,000: Provided, That not to
exceed $15,055,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Navy, and payments may be
made on his certificate of necessity for confidential
military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $6,605,546,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $39,544,193,000: Provided, That not to exceed
$7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of the Air Force, and payments may be made on his
certificate of necessity for confidential military purposes.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $34,059,257,000: Provided, That not
more than $15,000,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $38,458,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $9,385,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds described in
the preceding proviso: Provided further, That of the funds
provided under this heading, $631,670,000, of which
$157,917,000, to remain available until September 30, 2019,
shall be available to provide support and assistance to
foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation
programs: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,877,104,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,069,707,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $284,837,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,202,307,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $7,284,170,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $6,900,798,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $14,538,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $235,809,000, to remain
available until transferred: Provided, That the Secretary of
the
[[Page H1799]]
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $365,883,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $352,549,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $19,002,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $248,673,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$129,900,000, to remain available until September 30, 2019.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract
or by grants, under programs and activities of the Department
of Defense Cooperative Threat Reduction Program authorized
under the Department of Defense Cooperative Threat Reduction
Act, $350,000,000, to remain available until September 30,
2020.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $500,000,000, to remain available for
obligation until September 30, 2019: Provided, That no other
amounts may be otherwise credited or transferred to the Fund,
or deposited into the Fund, in fiscal year 2018 pursuant to
section 1705(d) of title 10, United States Code: Provided
further, That within 60 days after the date of enactment of
this Act, the Secretary of Defense shall transfer to the
Treasury from amounts made available under this heading an
amount equal to any amounts transferred to the Fund for
fiscal year 2018 before the date of the enactment of this Act
pursuant to section 1705(d)(3) of title 10, United States
Code, or any other provision of law: Provided further, That
amounts so transferred shall be deposited in the Treasury as
miscellaneous receipts.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$5,535,794,000, to remain available for obligation until
September 30, 2020.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$3,196,910,000, to remain available for obligation until
September 30, 2020.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $4,391,573,000, to remain available for
obligation until September 30, 2020.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$2,548,740,000, to remain available for obligation until
September 30, 2020.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon
[[Page H1800]]
prior to approval of title; and procurement and installation
of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $8,298,418,000, to remain available for
obligation until September 30, 2020.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $19,957,380,000, to remain available
for obligation until September 30, 2020.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$3,510,590,000, to remain available for obligation until
September 30, 2020.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$804,335,000, to remain available for obligation until
September 30, 2020.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Ohio Replacement Submarine (AP), $861,853,000;
Carrier Replacement Program (CVN 80), $1,569,646,000;
Carrier Replacement Program (CVN 79), $2,561,058,000;
Virginia Class Submarine, $3,305,315,000;
Virginia Class Submarine (AP), $2,145,596,000;
CVN Refueling Overhauls, $1,569,669,000;
CVN Refueling Overhauls (AP), $75,897,000;
DDG-1000 Program, $216,968,000;
DDG-51 Destroyer, $3,357,079,000;
DDG-51 Destroyer (AP), $90,336,000;
Littoral Combat Ship, $1,566,971,000;
Amphibious Ship Replacement, $1,800,000,000;
Expeditionary Sea Base, $635,000,000;
LHA Replacement, $1,710,927,000;
Expeditionary Fast Transport, $225,000,000;
TAO Fleet Oiler, $457,988,000;
TAO Fleet Oiler (AP), $75,068,000;
Towing, Salvage, and Rescue Ship, $76,204,000;
T-AGS Oceanographic Survey Ship, $180,000,000;
Ship to Shore Connector, $524,554,000;
Service Craft, $62,994,000;
For outfitting, post delivery, conversions, and first
destination transportation, $489,073,000;
Completion of Prior Year Shipbuilding Programs,
$117,542,000; and
Polar Icebreakers, $150,000,000.
In all: $23,824,738,000, to remain available for obligation
until September 30, 2022: Provided, That additional
obligations may be incurred after September 30, 2022, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for
production of the common missile compartment of nuclear-
powered vessels may be available for multiyear procurement of
critical components to support continuous production of such
compartments only in accordance with the provisions of
subsection (i) of section 2218a of title 10, United States
Code (as added by section 1023 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)).
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$7,941,018,000, to remain available for obligation until
September 30, 2020.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$1,942,737,000, to remain available for obligation until
September 30, 2020.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$18,504,556,000, to remain available for obligation until
September 30, 2020.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $2,207,747,000, to remain available
for obligation until September 30, 2020.
Space Procurement, Air Force
For construction, procurement, and modification of
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $3,552,175,000, to remain available
for obligation until September 30, 2020.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,651,977,000, to remain available for obligation until
September 30, 2020.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts
[[Page H1801]]
therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; lease of
passenger motor vehicles; and expansion of public and private
plants, Government-owned equipment and installation thereof
in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway,
$20,503,273,000, to remain available for obligation until
September 30, 2020.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $5,429,270,000, to remain
available for obligation until September 30, 2020.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $67,401,000,
to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $10,647,426,000, to remain
available for obligation until September 30, 2019.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $18,010,754,000, to remain
available for obligation until September 30, 2019: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $37,428,078,000, to remain
available for obligation until September 30, 2019.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $22,010,975,000, to
remain available for obligation until September 30, 2019:
Provided, That, of the funds made available in this
paragraph, $250,000,000 for the Defense Rapid Innovation
Program shall only be available for expenses, not otherwise
provided for, to include program management and oversight, to
conduct research, development, test and evaluation to include
proof of concept demonstration; engineering, testing, and
validation; and transition to full-scale production:
Provided further, That the Secretary of Defense may transfer
funds provided herein for the Defense Rapid Innovation
Program to appropriations for research, development, test and
evaluation to accomplish the purpose provided herein:
Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department
of Defense: Provided further, That the Secretary of Defense
shall, not fewer than 30 days prior to making transfers from
this appropriation, notify the congressional defense
committees in writing of the details of any such transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $210,900,000, to remain available for obligation
until September 30, 2019.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,685,596,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $34,428,167,000; of which $31,521,850,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2019, and of which up to $15,349,700,000
may be available for contracts entered into under the TRICARE
program; of which $867,002,000, to remain available for
obligation until September 30, 2020, shall be for
procurement; and of which $2,039,315,000, to remain available
for obligation until September 30, 2019, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount
made available under this heading for research, development,
test and evaluation, not less than $8,000,000 shall be
available for HIV prevention educational activities
undertaken in connection with United States military
training, exercises, and humanitarian assistance activities
conducted primarily in African nations: Provided further,
That of the funds provided under this heading for research,
development, test and evaluation, not less than
$1,095,100,000 shall be made available to the United States
Army Medical Research and Materiel Command to carry out the
congressionally directed medical research programs.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $961,732,000, of which $104,237,000 shall
be for operation and maintenance, of which no less than
$49,401,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $21,045,000 for
activities on military installations and $28,356,000, to
remain available until September 30, 2019, to assist State
and local governments; $18,081,000 shall be for procurement,
to remain available until September 30, 2020, of which
$16,787,000 shall be for the Chemical Stockpile Emergency
Preparedness Program to assist State and local governments
and $1,294,000 for activities on military installations; and
$839,414,000, to remain available until September 30, 2019,
shall be for research, development, test and evaluation, of
which $831,900,000 shall only be for the Assembled Chemical
Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $934,814,000, of which $552,648,000
shall be for counter-narcotics support; $120,813,000 shall be
for the drug demand reduction program; $236,353,000 shall be
for the National Guard counter-drug program; and $25,000,000
shall be for the National Guard counter-drug schools program:
Provided, That the funds appropriated under this heading
shall be available for obligation for the same time period
and for the same purpose as the appropriation to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $321,887,000, of which
$319,087,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; and of which $2,800,000, to
remain available until September 30, 2019, shall be for
research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$514,000,000.
[[Page H1802]]
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $537,600,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 25 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,250,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to
June 30, 2018: Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried
out in the manner provided by such tables to the same extent
as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2018: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply
to transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between
such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer: Provided
further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to
procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 30-
day prior notification to the congressional defense
committees: Provided further, That the execution of
multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual
procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless
in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows: V-22 Osprey
aircraft variants; up to 13 SSN Virginia Class Submarines and
Government-furnished equipment; and DDG-51 Arleigh Burke
class Flight III guided missile destroyers, the MK41 Vertical
Launching Systems, and associated Government-furnished
systems and
[[Page H1803]]
subsystems: Provided, That the term of any multiyear
procurement contract for V-22 Osprey aircraft variants
entered into for use of any part of any appropriation
contained in this Act may not exceed 5 years.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2019 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2019 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2019.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2358 note) civilian personnel at the Department of
Army Science and Technology Reinvention Laboratories may not
be managed on the basis of the Table of Distribution and
Allowances, and the management of the workforce strength
shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost
of the components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8017. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That, in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8018. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8020. Of the funds made available in this Act,
$20,000,000 shall be available for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a
subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition
of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8022. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That, upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8023. (a) Of the funds made available in this Act, not
less than $43,100,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $30,800,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-
drug activities, and drug demand reduction activities
involving youth programs;
(2) $10,600,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,700,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8024. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
[[Page H1804]]
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2018,
not more than 6,030 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That, of
the specific amount referred to previously in this
subsection, not more than 1,125 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2019 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $131,000,000.
Sec. 8025. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8026. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8027. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8028. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2018. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8029. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8030. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8031. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8032. None of the funds made available by this Act
may be used to--
(1) disestablish, or prepare to disestablish, a Senior
Reserve Officers' Training Corps program in accordance with
Department of Defense Instruction Number 1215.08, dated June
26, 2006; or
(2) close, downgrade from host to extension center, or
place on probation a Senior Reserve Officers' Training Corps
program in accordance with the information paper of the
Department of the Army titled ``Army Senior Reserve Officer's
Training Corps (SROTC) Program Review and Criteria'', dated
January 27, 2014.
Sec. 8033. The Secretary of Defense shall issue
regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United
States, its territories and possessions at a price below the
most competitive price in the local community: Provided,
That such regulations shall direct that the prices of tobacco
or tobacco-related products in overseas military retail
outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2019 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2019 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2019 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8035. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2019: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated
[[Page H1805]]
or transferred to the Central Intelligence Agency for
advanced research and development acquisition, for agent
operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of
1947 (50 U.S.C. 3093) shall remain available until September
30, 2019.
Sec. 8036. Up to $10,322,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for
this purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8037. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8038. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8039. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the
waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and
Mortuary Operations for the Department of Defense and
authorized Federal entities.
Sec. 8040. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(rescissions)
Sec. 8041. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
or as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended:
``Other Procurement, Army'', 2016/2018, $5,517,000;
``Aircraft Procurement, Navy'', 2016/2018, $172,000,000;
``Aircraft Procurement, Air Force'', 2016/2018,
$56,900,000;
``Procurement of Ammunition, Air Force'', 2016/2018,
$5,000,000;
``Procurement, Defense-wide'', 2016/2018, $7,264,000;
``Missile Procurement, Army'', 2017/2019, $19,319,000;
``Aircraft Procurement, Army'', 2017/2019, $17,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2017/2019, $7,064,000;
``Procurement of Ammunition, Army'', 2017/2019,
$15,507,000;
``Other Procurement, Army'', 2017/2019, $12,535,000;
``Aircraft Procurement, Navy'', 2017/2019, $45,900,000;
``Weapons Procurement, Navy'', 2017/2019, $32,200,000;
``Shipbuilding and Conversion, Navy: Carrier Replacement
Program'', 2017/2021, $14,000,000;
``Aircraft Procurement, Air Force'', 2017/2019,
$78,347,000;
``Missile Procurement, Air Force'', 2017/2019, $31,639,000;
``Space Procurement, Air Force'', 2017/2019, $34,900,000;
``Procurement of Ammunition, Air Force'', 2017/2019,
$18,000,000;
``Other Procurement, Air Force'', 2017/2019, $136,691,000;
``Research, Development, Test and Evaluation, Army'', 2017/
2018, $62,331,000;
``Research, Development, Test and Evaluation, Navy'', 2017/
2018, $9,128,000;
``Research, Development, Test and Evaluation, Air Force'',
2017/2018, $131,000,000; and
``Defense Health Program: Research, Development, Test and
Evaluation'', 2017/2018, $30,000,000.
Sec. 8042. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a
direct result of a reduction in military force structure.
Sec. 8043. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
[[Page H1806]]
Sec. 8044. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That
nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8045. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8046. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 103 of title 41, United States Code,
except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8047. Of the amounts appropriated for ``Working
Capital Fund, Army'', $99,000,000 shall be available to
maintain competitive rates at the arsenals.
Sec. 8048. None of the funds made available by this Act
for Evolved Expendable Launch Vehicle service competitive
procurements may be used unless the competitive procurements
are open for award to all certified providers of Evolved
Expendable Launch Vehicle-class systems: Provided, That the
award shall be made to the provider that offers the best
value to the government.
Sec. 8049. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, the
Secretary shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations and
$24,000,000 to the Red Cross.
Sec. 8050. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8051. Notwithstanding any other provision in this
Act, the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides shall
be taken proportionally from all programs, projects, or
activities to the extent they contribute to the extramural
budget.
Sec. 8052. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8054. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the
total amount charged to a current appropriation under this
section may not exceed an amount equal to 1 percent of the
total appropriation for that account.
Sec. 8055. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8056. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned
to the Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force until a written modification has been proposed to
the House and Senate Appropriations Committees: Provided
further, That the proposed modification may be implemented 30
days after the notification unless an objection is received
from either the House or Senate Appropriations Committees:
Provided further, That any proposed modification shall not
preclude the ability of the commander of United States
Pacific Command to meet operational requirements.
(including transfer of funds)
Sec. 8057. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-wide'',
$35,000,000 shall be for continued implementation and
expansion of the Sexual Assault Special Victims' Counsel
Program: Provided, That the funds are made available for
transfer to the Department of the Army, the Department of the
Navy, and the Department of the Air Force: Provided further,
That funds transferred shall be merged with and available for
the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority provided in this Act.
Sec. 8058. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That the Secretary of
Defense shall, not later than 60 days after enactment of this
Act, submit a report detailing the use of funds requested in
research, development, test and evaluation accounts for end-
items used in development, prototyping and test activities
preceding and leading to acceptance for operational use:
Provided further, That this restriction does not apply to
programs funded within the National Intelligence Program:
Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8059. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
[[Page H1807]]
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
XI (chapters 50-65) of the Harmonized Tariff Schedule of the
United States and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105,
8108, 8109, 8211, 8215, and 9404.
Sec. 8060. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
(including transfer of funds)
Sec. 8061. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105).
Sec. 8062. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
45 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8063. The Secretary of Defense shall continue to
provide a classified quarterly report to the House and Senate
Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex
accompanying this Act.
Sec. 8064. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8065. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8066. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
(including transfer of funds)
Sec. 8067. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $66,881,780
shall remain available until expended: Provided, That,
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8068. (a) None of the funds appropriated in this or
any other Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit
the merger of programs or changes to the National
Intelligence Program budget at or below the Expenditure
Center level, provided such change is otherwise in accordance
with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal
reporting, study and develop detailed proposals for
alternative financial management processes. Such study shall
include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will
adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined
under subsection (c), the Director of National Intelligence
and the Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not
adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
Sec. 8069. In addition to amounts provided elsewhere in
this Act, $10,000,000 is hereby appropriated to the
Department of Defense, to remain available for obligation
until expended: Provided, That notwithstanding any other
provision of law, that upon the determination of the
Secretary of Defense that it shall serve the national
interest, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs
of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
Sec. 8070. Any notice that is required to be submitted to
the Committees on Appropriations of the Senate and the House
of Representatives under section 806(c)(4) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (10
U.S.C. 2302 note) after the date of the enactment of this Act
shall be submitted pursuant to that requirement concurrently
to the Subcommittees on Defense of the Committees on
Appropriations of the Senate and the House of
Representatives.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$705,800,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $92,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended;
$221,500,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, of which
$120,000,000 shall be for co-production activities of SRBMD
systems in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws,
regulations, and procedures, subject to the U.S.-Israeli co-
production agreement for SRBMD, as amended; $310,000,000
shall be for an upper-tier component to the Israeli Missile
Defense Architecture, of which $120,000,000 shall be for co-
production activities of Arrow 3 Upper Tier systems in the
United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production
agreement for Arrow 3 Upper Tier, as amended, of which
$105,000,000 shall be for testing of the upper-tier component
to the Israeli Missile Defense Architecture in the United
States; and $82,300,000 shall be for the Arrow System
Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That
the transfer authority provided under this provision is in
addition to any other transfer authority contained in this
Act.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$117,542,000 shall be available until September 30, 2018, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer funds to the following appropriations in the amounts
specified: Provided further, That the amounts transferred
shall be merged with and be available for the same purposes
as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2008/2018: Carrier Replacement Program $20,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2018: DDG-51 Destroyer $19,436,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2018: Littoral Combat Ship $6,394,000;
[[Page H1808]]
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2018: LHA Replacement $14,200,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2018: DDG-51 Destroyer $31,941,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2014/2018: Litoral Combat Ship $20,471,000; and
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2018: LCAC $5,100,000.
Sec. 8073. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2018 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2018.
Sec. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8075. The budget of the President for fiscal year
2019 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That
these documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and
for each appropriations account: Provided further, That
these documents shall include estimated costs for each
element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates
of the major weapons systems deployed in support of each
contingency: Provided further, That these documents shall
include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for
all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8076. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8077. Notwithstanding any other provision of this
Act, to reflect savings due to favorable foreign exchange
rates, the total amount appropriated in this Act is hereby
reduced by $4,000,000.
Sec. 8078. The Secretary of Defense may use up to
$800,000,000 of the amounts appropriated or otherwise made
available in this Act to the Department of Defense for the
rapid acquisition and deployment of supplies and associated
support services pursuant to section 806 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 10 U.S.C. 2302 note): Provided, That
the Secretary of Defense shall notify the congressional
defense committees promptly of all uses of this authority.
Sec. 8079. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8081. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Gray Eagle Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8082. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2019.
Sec. 8083. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8084. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2018:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8085. None of the funds made available by this Act
may be used to eliminate, restructure, or realign Army
Contracting Command--New Jersey or make disproportionate
personnel reductions at any Army Contracting Command--New
Jersey sites without 30-day prior notification to the
congressional defense committees.
Sec. 8086. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available
by this Act, for support to friendly foreign countries in
connection with the conduct of operations in which the United
States is not participating, pursuant to section 331(d) Title
10 U.S.C. shall be made in accordance with sections 8005 or
9002 of this Act, as applicable.
Sec. 8087. Any transfer of amounts appropriated to,
credited to, or deposited in the Department of Defense
Acquisition Workforce Development Fund in or for fiscal year
2018 to a military department or Defense Agency pursuant to
section 1705(e)(1) of title 10, United States Code, shall be
covered by and subject to sections 8005 or 9002 of this Act,
as applicable.
Sec. 8088. None of the funds made available by this Act
for excess defense articles, assistance under section 333 of
title 10, United States Code, or peacekeeping operations for
the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008
(Public Law 110-457; 22 U.S.C. 2370c-1) may be used to
support any military training or operation that includes
child soldiers, as defined by the Child Soldiers Prevention
Act of 2008, unless such assistance is otherwise permitted
under section 404 of the Child Soldiers Prevention Act of
2008.
Sec. 8089. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified
30 days in advance of such reprogramming of funds; this
notification period may be reduced for urgent national
security requirements.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the
Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
Sec. 8090. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-
years intelligence program (including associated annexes)
reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect
to which the budget is submitted and at least the four
succeeding fiscal years.
Sec. 8091. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
[[Page H1809]]
(including transfer of funds)
Sec. 8092. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.
Sec. 8093. None of the funds appropriated by this Act may
be available for the purpose of making remittances to the
Department of Defense Acquisition Workforce Development Fund
in accordance with section 1705 of title 10, United States
Code.
Sec. 8094. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8095. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(including transfer of funds)
Sec. 8096. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $115,519,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated
for operation and maintenance for the Defense Health Program
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 8097. None of the funds appropriated or otherwise
made available by this Act may be used by the Department of
Defense or a component thereof in contravention of the
provisions of section 130h of title 10, United States Code.
Sec. 8098. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light
armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $450,000 per
vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8099. Upon a determination by the Director of
National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of
the Office of Management and Budget, transfer not to exceed
$1,500,000,000 of the funds made available in this Act for
the National Intelligence Program: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a
request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30,
2018.
Sec. 8100. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8101. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8102. None of the funds appropriated or otherwise
made available in this Act may be used to transfer any
individual detained at United States Naval Station Guantanamo
Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other
foreign entity except in accordance with section 1034 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1034 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
Sec. 8103. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8104. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the
Department of Defense, to enter into a contract, memorandum
of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or loan guarantee to
Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to
the congressional defense committees that, to the best of the
Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense
shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the
Secretary of Defense pursuant to subsection (b), and not
later than 90 days after the date on
[[Page H1810]]
which such a waiver is issued by the Secretary of Defense,
the Inspector General shall submit to the congressional
defense committees a report containing the results of the
review conducted with respect to such waiver.
Sec. 8105. None of the funds made available in this Act
may be used for the purchase or manufacture of a flag of the
United States unless such flags are treated as covered items
under section 2533a(b) of title 10, United States Code.
Sec. 8106. The Secretary of Defense, in consultation with
the Service Secretaries, shall submit two reports to the
congressional defense committees, not later than March 1,
2018, and not later than September 1, 2018, detailing the
submission of records during the previous 6 months to
databases accessible to the National Instant Criminal
Background Check System (NICS), including the Interstate
Identification Index (III), the National Crime Information
Center (NCIC), and the NICS Index, as required by Public Law
110-180: Provided, That such reports shall provide the
number and category of records submitted by month to each
such database, by Service or Component: Provided further,
That such reports shall identify the number and category of
records submitted by month to those databases for which the
Identification for Firearm Sales (IFFS) flag or other
database flags were used to pre-validate the records and
indicate that such persons are prohibited from receiving or
possessing a firearm: Provided further, That such reports
shall describe the steps taken during the previous 6 months,
by Service or Component, to ensure complete and accurate
submission and appropriate flagging of records of individuals
prohibited from gun possession or receipt pursuant to 18
U.S.C. 922(g) or (n) including applicable records involving
proceedings under the Uniform Code of Military Justice.
Sec. 8107. (a) Of the funds appropriated in this Act for
the Department of Defense, amounts may be made available,
under such regulations as the Secretary of Defense may
prescribe, to local military commanders appointed by the
Secretary, or by an officer or employee designated by the
Secretary, to provide at their discretion ex gratia payments
in amounts consistent with subsection (d) of this section for
damage, personal injury, or death that is incident to combat
operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided
only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be friendly to
the United States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a
program under subsection (a) shall not be considered an
admission or acknowledgement of any legal obligation to
compensate for any damage, personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense
determines a program under subsection (a) to be appropriate
in a particular setting, the amounts of payments, if any, to
be provided to civilians determined to have suffered harm
incident to combat operations of the Armed Forces under the
program should be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which
should include such factors as cultural appropriateness and
prevailing economic conditions.
(e) Legal Advice.--Local military commanders shall receive
legal advice before making ex gratia payments under this
subsection. The legal advisor, under regulations of the
Department of Defense, shall advise on whether an ex gratia
payment is proper under this section and applicable
Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia
payment offered or denied shall be kept by the local
commander and on a timely basis submitted to the appropriate
office in the Department of Defense as determined by the
Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the
efficacy of the ex gratia payment program including the
number of types of cases considered, amounts offered, the
response from ex gratia payment recipients, and any
recommended modifications to the program.
Sec. 8108. None of the funds available in this Act to the
Department of Defense, other than appropriations made for
necessary or routine refurbishments, upgrades or maintenance
activities, shall be used to reduce or to prepare to reduce
the number of deployed and non-deployed strategic delivery
vehicles and launchers below the levels set forth in the
report submitted to Congress in accordance with section 1042
of the National Defense Authorization Act for Fiscal Year
2012.
Sec. 8109. The Secretary of Defense shall post grant
awards on a public Website in a searchable format.
Sec. 8110. The Secretary of each military department, in
reducing each research, development, test and evaluation and
procurement account of the military department as required
under paragraph (1) of section 828(d) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2430 note), as amended by section 825(a)(3) of the
National Defense Authorization Act for Fiscal Year 2018,
shall allocate the percentage reduction determined under
paragraph (2) of such section 828(d) proportionally from all
programs, projects, or activities under such account:
Provided, That the authority under section 804(d)(2) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note) to transfer amounts
available in the Rapid Prototyping Fund shall be subject to
section 8005 or 9002 of this Act, as applicable.
Sec. 8111. None of the funds made available by this Act
may be used to fund the performance of a flight demonstration
team at a location outside of the United States: Provided,
That this prohibition applies only if a performance of a
flight demonstration team at a location within the United
States was canceled during the current fiscal year due to
insufficient funding.
Sec. 8112. None of the funds made available by this Act
may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States
Code) of any electronic communication of a United States
person from a provider of electronic communication services
to the public pursuant to section 501 of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 8113. None of the funds made available by this Act
may be obligated or expended to implement the Arms Trade
Treaty until the Senate approves a resolution of ratification
for the Treaty.
Sec. 8114. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8115. None of the funds made available in this Act
may be obligated for activities authorized under section 1208
of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Public Law 112-81; 125 Stat. 1621) to
initiate support for, or expand support to, foreign forces,
irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance
with the direction contained in the classified annex
accompanying this Act, not less than 15 days before
initiating such support: Provided, That none of the funds
made available in this Act may be used under section 1208 for
any activity that is not in support of an ongoing military
operation being conducted by United States Special Operations
Forces to combat terrorism: Provided further, That the
Secretary of Defense may waive the prohibitions in this
section if the Secretary determines that such waiver is
required by extraordinary circumstances and, by not later
than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8116. None of the funds made available by this Act
may be used with respect to Iraq in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities
in Iraq, into situations in Iraq where imminent involvement
in hostilities is clearly indicated by the circumstances, or
into Iraqi territory, airspace, or waters while equipped for
combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such
Resolution (50 U.S.C. 1542 and 1543).
Sec. 8117. None of the funds provided in this Act for the
T-AO(X) program shall be used to award a new contract that
provides for the acquisition of the following components
unless those components are manufactured in the United
States: Auxiliary equipment (including pumps) for shipboard
services; propulsion equipment (including engines, reduction
gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes.
Sec. 8118. Notwithstanding any other provision of this
Act, to reflect savings due to lower than anticipated fuel
costs, the total amount appropriated in title II of this Act
is hereby reduced by $110,780,000.
Sec. 8119. None of the funds made available by this Act
may be used for Government Travel Charge Card expenses by
military or civilian personnel of the Department of Defense
for gaming, or for entertainment that includes topless or
nude entertainers or participants, as prohibited by
Department of Defense FMR, Volume 9, Chapter 3 and Department
of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8120. None of the funds made available by this Act
may be used to propose, plan for, or execute a new or
additional Base Realignment and Closure (BRAC) round.
Sec. 8121. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $289,255,000, to remain
available until expended, may be used for any purposes
related to the National Defense Reserve Fleet established
under section 11 of the Merchant
[[Page H1811]]
Ship Sales Act of 1946 (50 U.S.C. 4405): Provided, That such
amounts are available for reimbursements to the Ready Reserve
Force, Maritime Administration account of the United States
Department of Transportation for programs, projects,
activities, and expenses related to the National Defense
Reserve Fleet.
(including transfer of funds)
Sec. 8122. Of the amounts appropriated in this Act, the
Secretary of Defense may use up to $46,000,000 under the
heading ``Operation and Maintenance, Defense-Wide'', and up
to $45,000,000 under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' to develop, replace, and
sustain Federal Government security and suitability
background investigation information technology systems of
the Office of Personnel Management or other Federal agency
responsible for conducting such investigations: Provided,
That the Secretary may transfer additional amounts into these
headings or into ``Procurement, Defense-Wide'' using
established reprogramming procedures prescribed in the
Department of Defense Financial Management Regulation
7000.14, Volume 3, Chapter 6, dated September 2015: Provided
further, That such funds shall supplement, not supplant any
other amounts made available to other Federal agencies for
such purposes.
Sec. 8123. None of the funds made available by this Act
may be used to carry out the closure or realignment of the
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 8124. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities, or
for any activity necessary for the national defense,
including intelligence activities.
Sec. 8125. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by
this Act to the Global Engagement Center established by
section 1287 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 22 U.S.C.
2656 note) shall be made in accordance with section 8005 or
9002 of this Act, as applicable.
Sec. 8126. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense
Acquisition Workforce Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8127. In addition to amounts provided elsewhere in
this Act, there is appropriated $235,000,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to remain available until expended: Provided, That
such funds shall only be available to the Secretary of
Defense, acting through the Office of Economic Adjustment of
the Department of Defense, or for transfer to the Secretary
of Education, notwithstanding any other provision of law, to
make grants, conclude cooperative agreements, or supplement
other Federal funds to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic
Adjustment or the Secretary of Education shall give priority
consideration to those military installations with schools
having the most serious capacity or facility condition
deficiencies as determined by the Secretary of Defense:
Provided further, That as a condition of receiving funds
under this section a local educational agency or State shall
provide a matching share as described in the notice titled
``Department of Defense Program for Construction, Renovation,
Repair or Expansion of Public Schools Located on Military
Installations'' published by the Department of Defense in the
Federal Register on September 9, 2011 (76 Fed. Reg. 55883 et
seq.): Provided further, That these provisions apply to
funds provided under this section, and to funds previously
provided by Congress to construct, renovate, repair, or
expand elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools to the extent such
funds remain unobligated on the date of enactment of this
section.
Sec. 8128. In carrying out the program described in the
memorandum on the subject of ``Policy for Assisted
Reproductive Services for the Benefit of Seriously or
Severely Ill/Injured (Category II or III) Active Duty Service
Members'' issued by the Assistant Secretary of Defense for
Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall
apply such policy and guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without
limitation on the duration of such cryopreservation and
storage.
Sec. 8129. None of the funds made available by this Act
may be used to provide arms, training, or other assistance to
the Azov Battalion.
Sec. 8130. None of the funds made available by this Act
may be used to purchase heavy water from Iran.
Sec. 8131. Section 316(a)(2) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) is
amended by striking ``the study under this subsection'' and
inserting ``the study and assessment under this section''.
Sec. 8132. Notwithstanding any other provision of law,
from funds made available to the Department of Defense in
title II of this Act under the heading ``Operation and
Maintenance, Defense-Wide'', $15,000,000 shall be available
for a project in a country designated by the Secretary of
Defense: Provided, That in furtherance of the project the
Department of Defense is authorized to acquire services,
including services performed pursuant to a grant agreement,
from another Federal agency, on an advance of funds or
reimbursable basis: Provided further, That an order for
services placed under this section is deemed to be an
obligation in the same manner that a similar order placed
under a contract with a private contractor is an obligation.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,683,694,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$377,857,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $103,979,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $914,119,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$24,942,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$9,091,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $2,328,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $20,569,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $184,589,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $5,004,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page H1812]]
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $17,352,994,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $6,449,404,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,401,536,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $10,873,895,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $7,575,195,000: Provided, That of the funds
provided under this heading, not to exceed $1,000,000,000, to
remain available until September 30, 2019, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and
Syria: Provided further, That such reimbursement payments
may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in
consultation with the Director of the Office of Management
and Budget, may determine, based on documentation determined
by the Secretary of Defense to adequately account for the
support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate
congressional committees: Provided further, That these funds
may be used for the purpose of providing specialized training
and procuring supplies and specialized equipment and
providing such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United
States military and stability operations in Afghanistan and
to counter the Islamic State of Iraq and Syria, and 15 days
following notification to the appropriate congressional
committees: Provided further, That these funds may be used
to support the Government of Jordan, in such amounts as the
Secretary of Defense may determine, to enhance the ability of
the armed forces of Jordan to increase or sustain security
along its borders, upon 15 days prior written notification to
the congressional defense committees outlining the amounts
intended to be provided and the nature of the expenses
incurred: Provided further, That of the funds provided under
this heading, not to exceed $750,000,000, to remain available
until September 30, 2019, shall be available to provide
support and assistance to foreign security forces or other
groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of
Defense security cooperation programs: Provided further,
That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees on the use of funds
provided in this paragraph: Provided further, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $24,699,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $23,980,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $3,367,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $53,523,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $108,111,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $15,400,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$4,666,815,000, to remain available until September 30, 2019:
Provided, That such funds shall be available to the
Secretary of Defense for the purpose of allowing the
Commander, Combined Security Transition Command--Afghanistan,
or the Secretary's designee, to provide assistance, with the
concurrence of the Secretary of State, to the security forces
of Afghanistan, including the provision of equipment,
supplies, services, training, facility and infrastructure
repair, renovation, construction, and funding: Provided
further, That the Secretary of Defense may obligate and
expend funds made available to the Department of Defense in
this title for additional costs associated with existing
projects previously funded with amounts provided under the
heading ``Afghanistan Infrastructure Fund'' in prior Acts:
Provided further, That such costs shall be limited to
contract changes resulting from inflation, market
fluctuation, rate adjustments, and other necessary contract
actions to complete existing projects, and associated
supervision and administration costs and costs for design
during construction: Provided further, That the Secretary
may not use more than $50,000,000 under the authority
provided in this section: Provided further, That the
Secretary shall notify in advance such contract changes and
adjustments in annual reports to the congressional defense
committees: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That contributions of funds for the purposes
provided herein from any person, foreign government, or
international organization may be credited to this Fund, to
remain available until expended, and used for such purposes:
Provided further, That the Secretary of Defense shall notify
the congressional defense committees in writing upon the
receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days
prior to obligating from this appropriation account, notify
the congressional defense committees in writing of the
details of any such obligation: Provided further, That the
Secretary of Defense shall notify the congressional defense
committees of any proposed new projects or transfer of funds
between budget sub-activity groups in excess of $20,000,000:
Provided further, That the United States may accept equipment
procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of
Afghanistan and returned by such forces to the United States:
Provided further, That equipment procured using funds
provided under this heading in this or prior Acts, and not
yet transferred to the security forces of Afghanistan or
transferred to the security forces of Afghanistan and
returned by such forces to the United States, may be treated
as stocks of the Department of Defense upon written
notification to the congressional defense committees:
Provided further, That of the funds provided under this
heading, not less than $10,000,000 shall be for recruitment
and retention of women in the Afghanistan National Security
Forces, and the recruitment and training of female security
personnel: Provided further, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and
Equip Fund'', $1,769,000,000, to remain available until
September 30, 2019: Provided, That such funds shall be
available to the Secretary of Defense in coordination with
the Secretary of State, to provide assistance, including
training; equipment; logistics support, supplies, and
services; stipends; infrastructure repair and renovation;
[[Page H1813]]
and sustainment, to foreign security forces, irregular
forces, groups, or individuals participating, or preparing to
participate in activities to counter the Islamic State of
Iraq and Syria, and their affiliated or associated groups:
Provided further, That these funds may be used in such
amounts as the Secretary of Defense may determine to enhance
the border security of nations adjacent to conflict areas
including Jordan, Lebanon, Egypt, and Tunisia resulting from
actions of the Islamic State of Iraq and Syria: Provided
further, That amounts made available under this heading shall
be available to provide assistance only for activities in a
country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a
security mission to counter the Islamic State of Iraq and
Syria, and following written notification to the
congressional defense committees of such designation:
Provided further, That the Secretary of Defense shall ensure
that prior to providing assistance to elements of any forces
or individuals, such elements or individuals are
appropriately vetted, including at a minimum, assessing such
elements for associations with terrorist groups or groups
associated with the Government of Iran; and receiving
commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the
Government of Iraq and other entities, to carry out
assistance authorized under this heading: Provided further,
That contributions of funds for the purposes provided herein
from any foreign government or other entity may be credited
to this Fund, to remain available until expended, and used
for such purposes: Provided further, That the Secretary of
Defense may waive a provision of law relating to the
acquisition of items and support services or sections 40 and
40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785)
if the Secretary determines that such provision of law would
prohibit, restrict, delay or otherwise limit the provision of
such assistance and a notice of and justification for such
waiver is submitted to the congressional defense committees,
the Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using
funds provided under this heading, or under the heading,
``Iraq Train and Equip Fund'' in prior Acts, that was
transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria and returned by
such forces or groups to the United States, may be treated as
stocks of the Department of Defense upon written notification
to the congressional defense committees: Provided further,
That equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund''
in prior Acts, and not yet transferred to security forces,
irregular forces, or groups participating, or preparing to
participate in activities to counter the Islamic State of
Iraq and Syria may be treated as stocks of the Department of
Defense when determined by the Secretary to no longer be
required for transfer to such forces or groups and upon
written notification to the congressional defense committees:
Provided further, That the Secretary of Defense shall
provide quarterly reports to the congressional defense
committees on the use of funds provided under this heading,
including, but not limited to, the number of individuals
trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations
for each group, and the contributions of other countries,
groups, or individuals: Provided further, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $420,086,000, to remain available until September 30,
2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$709,283,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $1,191,139,000, to remain
available until September 30, 2020: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $191,836,000, to remain available until September 30,
2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$405,575,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $157,300,000, to remain available until September 30,
2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$130,994,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $233,406,000, to remain available
until September 30, 2020: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$239,359,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$64,307,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $503,938,000, to remain available until September
30, 2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $481,700,000, to remain available until September
30, 2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Space Procurement, Air Force
For an additional amount for ``Space Procurement, Air
Force'', $2,256,000, to remain available until September 30,
2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $551,509,000, to remain available until
September 30, 2020: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $3,324,590,000, to remain available until September
30, 2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$517,041,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical
and support vehicles; other
[[Page H1814]]
weapons; and other procurement items for the reserve
components of the Armed Forces, $1,300,000,000, to remain
available for obligation until September 30, 2020: Provided,
That the Chiefs of National Guard and Reserve components
shall, not later than 30 days after enactment of this Act,
individually submit to the congressional defense committees
the modernization priority assessment for their respective
National Guard or Reserve component: Provided further, That
none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or
modify missiles, munitions, or ammunition: Provided further,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $235,368,000, to remain available
until September 30, 2019: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $167,565,000, to remain available
until September 30, 2019: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $129,608,000, to remain
available until September 30, 2019: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $394,396,000, to remain
available until September 30, 2019: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $148,956,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$395,805,000, which shall be for operation and maintenance:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $196,300,000: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $24,692,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 2018.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $2,250,000,000
between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in section 8005 of this
Act.
Sec. 9003. Supervision and administration costs and costs
for design during construction associated with a construction
project funded with appropriations available for operation
and maintenance or the ``Afghanistan Security Forces Fund''
provided in this Act and executed in direct support of
overseas contingency operations in Afghanistan, may be
obligated at the time a construction contract is awarded:
Provided, That, for the purpose of this section, supervision
and administration costs and costs for design during
construction include all in-house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the United
States Central Command area of responsibility: (1) passenger
motor vehicles up to a limit of $75,000 per vehicle; and (2)
heavy and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts
appropriated by this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Afghanistan to respond to urgent, small-scale,
humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project
(including any ancillary or related elements in connection
with such project) executed under this authority shall not
exceed $2,000,000: Provided further, That not later than 45
days after the end of each 6 months of the fiscal year, the
Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that 6-month period
that were made available pursuant to the authority provided
in this section or under any other provision of law for the
purposes described herein: Provided further, That, not later
than 30 days after the end of each fiscal year quarter, the
Army shall submit to the congressional defense committees
quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less
than 15 days before making funds available pursuant to the
authority provided in this section or under any other
provision of law for the purposes described herein for a
project with a total anticipated cost for completion of
$500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing
each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to allied forces participating in a
combined operation with the armed forces of the United States
and coalition forces supporting military and stability
operations in Afghanistan and to counter the Islamic State of
Iraq and Syria: Provided, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208
[[Page H1815]]
of title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9009. None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense: Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000
using ASFF: Provided further, That the Department of Defense
must certify to the congressional defense committees that the
AROC has convened and approved a process for ensuring
compliance with the requirements in the preceding proviso and
accompanying report language for the ASFF.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That, upon determination by
the Secretary of Defense that such action is necessary to
meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas,
such funds may be used to purchase items having an investment
item unit cost of not more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by
this Act for the Defense Security Cooperation Agency in
``Operation and Maintenance, Defense-Wide'' may be used to
provide assistance to the Government of Jordan to support the
armed forces of Jordan and to enhance security along its
borders.
Sec. 9012. None of the funds made available by this Act
under the heading ``Counter-ISIS Train and Equip Fund'' may
be used to procure or transfer man-portable air defense
systems.
Sec. 9013. For the ``Ukraine Security Assistance
Initiative'', $200,000,000 is hereby appropriated, to remain
available until September 30, 2018: Provided, That such
funds shall be available to the Secretary of Defense, in
coordination with the Secretary of State, to provide
assistance, including training; equipment; lethal weapons of
a defensive nature; logistics support, supplies and services;
sustainment; and intelligence support to the military and
national security forces of Ukraine, and for replacement of
any weapons or defensive articles provided to the Government
of Ukraine from the inventory of the United States: Provided
further, That the Secretary of Defense shall, not less than
15 days prior to obligating funds provided under this
heading, notify the congressional defense committees in
writing of the details of any such obligation: Provided
further, That the United States may accept equipment procured
using funds provided under this heading in this or prior Acts
that was transferred to the security forces of Ukraine and
returned by such forces to the United States: Provided
further, That equipment procured using funds provided under
this heading in this or prior Acts, and not yet transferred
to the military or National Security Forces of Ukraine or
returned by such forces to the United States, may be treated
as stocks of the Department of Defense upon written
notification to the congressional defense committees:
Provided further, That amounts made available by this section
are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 9014. Funds appropriated in this title shall be
available for replacement of funds for items provided to the
Government of Ukraine from the inventory of the United States
to the extent specifically provided for in section 9013 of
this Act.
Sec. 9015. None of the funds made available by this Act
under section 9013 for ``Assistance and Sustainment to the
Military and National Security Forces of Ukraine'' may be
used to procure or transfer man-portable air defense systems.
Sec. 9016. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ``Operation and
Maintenance, Defense-Wide'' for payments under section 1233
of Public Law 110-181 for reimbursement to the Government of
Pakistan may be made available unless the Secretary of
Defense, in coordination with the Secretary of State,
certifies to the congressional defense committees that the
Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura
Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and
other domestic and foreign terrorist organizations, including
taking steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the
Secretary of State, may waive the restriction in subsection
(a) on a case-by-case basis by certifying in writing to the
congressional defense committees that it is in the national
security interest to do so: Provided, That if the Secretary
of Defense, in coordination with the Secretary of State,
exercises such waiver authority, the Secretaries shall report
to the congressional defense committees on both the
justification for the waiver and on the requirements of this
section that the Government of Pakistan was not able to meet:
Provided further, That such report may be submitted in
classified form if necessary.
(including transfer of funds)
Sec. 9017. In addition to amounts otherwise made available
in this Act, $770,000,000 is hereby appropriated to the
Department of Defense and made available for transfer only to
the operation and maintenance, military personnel, and
procurement accounts, to improve the intelligence,
surveillance, and reconnaissance capabilities of the
Department of Defense: Provided, That the transfer authority
provided in this section is in addition to any other transfer
authority provided elsewhere in this Act: Provided further,
That not later than 30 days prior to exercising the transfer
authority provided in this section, the Secretary of Defense
shall submit a report to the congressional defense committees
on the proposed uses of these funds: Provided further, That
the funds provided in this section may not be transferred to
any program, project, or activity specifically limited or
denied by this Act: Provided further, That amounts made
available by this section are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That the authority to provide funding under this section
shall terminate on September 30, 2018.
Sec. 9018. None of the funds made available by this Act
may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9019. None of the funds in this Act may be made
available for the transfer of additional C-130 cargo aircraft
to the Afghanistan National Security Forces or the
Afghanistan Air Force until the Department of Defense
provides a report to the congressional defense committees of
the Afghanistan Air Force's medium airlift requirements. The
report should identify Afghanistan's ability to utilize and
maintain existing medium lift aircraft in the inventory and
the best alternative platform, if necessary, to provide
additional support to the Afghanistan Air Force's current
medium airlift capacity.
(rescissions)
Sec. 9020. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That such amounts are
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985:
``Operation and Maintenance, Defense-Wide: Coalition
Support Fund'', 2017/2018, $500,000,000;
``Operation and Maintenance, Defense-Wide: DSCA Security
Cooperation'', 2017/2018, $250,000,000;
``Afghanistan Security Forces Fund'', 2017/2018,
$100,000,000;
``Counter-ISIL Train and Equip Fund'', 2017/2018,
$80,000,000;
``Other Procurement, Air Force'', 2017/2019, $25,100,000;
and
``Counter-ISIL Overseas Contingency Operations Transfer
Fund'', XXXX, $1,610,000,000.
Sec. 9021. (a) Not later than 30 days after the date of the
enactment of this Act, the President shall submit to Congress
a report on the United States strategy to defeat Al-Qaeda,
the Taliban, the Islamic State of Iraq and Syria (ISIS), and
their associated forces and co-belligerents.
(b) The report required under subsection (a) shall include
the following:
(1) An analysis of the adequacy of the existing legal
framework to accomplish the strategy described in subsection
(a), particularly with respect to the Authorization for Use
of Military Force (Public Law 107-40; 50 U.S.C. 1541 note)
and the Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note).
[[Page H1816]]
(2) An analysis of the budgetary resources necessary to
accomplish the strategy described in subsection (a).
(c) Not later than 30 days after the date on which the
President submits to the appropriate congressional committees
the report required by subsection (a), the Secretary of State
and the Secretary of Defense shall testify at any hearing
held by any of the appropriate congressional committees on
the report and to which the Secretary is invited.
(d) In this section, the term ``appropriate congressional
committees'' means--
(1) the Committees on Foreign Relations, Armed Services and
Appropriations of the Senate; and
(2) the Committees on Foreign Affairs, Armed Services and
Appropriations of the House of Representatives.
Sec. 9022. Funds available for the Afghanistan Security
Forces Fund may be used to provide limited training,
equipment, and other assistance that would otherwise be
prohibited by 10 U.S.C. 362 to a unit of the security forces
of Afghanistan only if the Secretary certifies to the
congressional defense committees, within 30 days of a
decision to provide such assistance, that (1) a denial of
such assistance would present significant risk to U.S. or
coalition forces or significantly undermine United States
national security objectives in Afghanistan; and (2) the
Secretary has sought a commitment by the Government of
Afghanistan to take all necessary corrective steps:
Provided, That such certification shall be accompanied by a
report describing: (1) the information relating to the gross
violation of human rights; (2) the circumstances that
necessitated the provision of such assistance; (3) the Afghan
security force unit involved; (4) the assistance provided and
the assistance withheld; and (5) the corrective steps to be
taken by the Government of Afghanistan: Provided further,
That every 120 days after the initial report an additional
report shall be submitted detailing the status of any
corrective steps taken by the Government of Afghanistan:
Provided further, That if the Government of Afghanistan has
not initiated necessary corrective steps within one year of
the certification, the authority under this section to
provide assistance to such unit shall no longer apply:
Provided further, That the Secretary shall submit a report to
such committees detailing the final disposition of the case
by the Government of Afghanistan.
This division may be cited as the ``Department of Defense
Appropriations Act, 2018''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects, and related efforts prior to
construction; for restudy of authorized projects; and for
miscellaneous investigations, and, when authorized by law,
surveys and detailed studies, and plans and specifications of
projects prior to construction, $123,000,000, to remain
available until expended: Provided, That the Secretary shall
initiate six new study starts during fiscal year 2018:
Provided further, That the new study starts shall consist of
five studies where the majority of the benefits are derived
from navigation transportation savings or from flood and
storm damage reduction and one study where the majority of
benefits are derived from environmental restoration:
Provided further, That the Secretary shall not deviate from
the new starts proposed in the work plan, once the plan has
been submitted to the Committees on Appropriations of both
Houses of Congress.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those
involving participation by States, local governments, or
private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications,
shall not constitute a commitment of the Government to
construction); $2,085,000,000, to remain available until
expended; of which such sums as are necessary to cover the
Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived
from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary
to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects
shall be derived from the Inland Waterways Trust Fund, except
as otherwise specifically provided for in law: Provided,
That the Secretary shall initiate five new construction
starts during fiscal year 2018: Provided further, That the
new construction starts shall consist of four projects where
the majority of the benefits are derived from navigation
transportation savings or from flood and storm damage
reduction and one project where the majority of the benefits
are derived from environmental restoration: Provided
further, That for new construction projects, project cost
sharing agreements shall be executed as soon as practicable
but no later than September 30, 2018: Provided further, That
no allocation for a new start shall be considered final and
no work allowance shall be made until the Secretary provides
to the Committees on Appropriations of both Houses of
Congress an out-year funding scenario demonstrating the
affordability of the selected new starts and the impacts on
other projects: Provided further, That the Secretary may not
deviate from the new starts proposed in the work plan, once
the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$425,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors
shall be derived from the Harbor Maintenance Trust Fund:
Provided, That the Secretary shall initiate one new study
start during fiscal year 2018.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $3,630,000,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for
inland harbors shall be derived from the Harbor Maintenance
Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the
Land and Water Conservation Fund Act of 1965 shall be derived
from that account for resource protection, research,
interpretation, and maintenance activities related to
resource protection in the areas at which outdoor recreation
is available; and of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall
be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which such fees have
been collected: Provided, That 1 percent of the total amount
of funds provided for each of the programs, projects, or
activities funded under this heading shall not be allocated
to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for
use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be
necessary and appropriate, and that the Chief of Engineers
shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities
proportionally in accordance with the amounts provided for
the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$200,000,000, to remain available until September 30, 2019.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $139,000,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $35,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works
program, $185,000,000, to remain available until September
30, 2019, of which not to exceed $5,000 may be used for
official reception and representation purposes and only
during the current fiscal year: Provided,
[[Page H1817]]
That no part of any other appropriation provided in this
title shall be available to fund the civil works activities
of the Office of the Chief of Engineers or the civil works
executive direction and management activities of the division
offices: Provided further, That any Flood Control and
Coastal Emergencies appropriation may be used to fund the
supervision and general administration of emergency
operations, repairs, and other activities in response to any
flood, hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$5,000,000, to remain available until September 30, 2019:
Provided, That not more than 75 percent of such amount may be
obligated or expended until the Assistant Secretary submits
to the Committees on Appropriations of both Houses of
Congress a work plan that allocates at least 95 percent of
the additional funding provided under each heading in this
title (as designated under such heading in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act)) to specific programs,
projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2018, shall be available for obligation or expenditure
through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House
and Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received
from the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
House and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000: Provided further, That up to
$25,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up
to $3,000,000 may be reprogrammed for settled contractor
claims, changed conditions, or real estate deficiency
judgments: Provided further, That up to $300,000 may be
reprogrammed into any continuing study or activity that did
not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the House and Senate Committees on Appropriations of
these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $5,000,000 per project, study, or activity is allowed:
Provided further, That for a base level less than $1,000,000,
the reprogramming limit is $150,000: Provided further, That
$150,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) De Minimus Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the House
and Senate Committees on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the House
and Senate Committees on Appropriations to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year which shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made
available in this Act solely in accordance with the
provisions of this Act and the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), including the determination and
designation of new starts.
Sec. 103. None of the funds made available in this title
may be used to award or modify any contract that commits
funds beyond the amounts appropriated for that program,
project, or activity that remain unobligated, except that
such amounts may include any funds that have been made
available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $5,400,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers
projects.
Sec. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material,
after evaluating the least costly, environmentally acceptable
manner for the disposal or management of dredged material
originating from Lake Erie or tributaries thereto, unless it
is approved under a State water quality certification
pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open
lake placement alternative for dredged material is approved
under a State water quality certification, the Corps of
Engineers shall continue upland placement of such dredged
material consistent with the requirements of section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available in this title
may be used for any acquisition of buoy chain that is not
consistent with 48 CFR 225.7007, subsections (a)(1) and
(a)(2).
Sec. 107. None of the funds made available by this Act may
be used to carry out any water supply reallocation study
under the Wolf Creek Dam, Lake Cumberland, Kentucky, project
authorized under the Act of July 24, 1946 (60 Stat. 636, ch.
595).
Sec. 108. None of the funds made available by this Act may
be used to require a permit for the discharge of dredged or
fill material under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) for the activities identified in
subparagraphs (A) and (C) of section 404(f)(1) of the Act (33
U.S.C. 1344(f)(1)(A), (C)).
Sec. 109. Relative to the Rough River Lake Flowage
Easement Encroachment Resolution Plan, the Chief of Engineers
shall submit to the Committees on Appropriations of both
Houses of Congress, not later than 180 days after the date of
enactment of this Act, a report that includes an inventory of
habitable structures and improvements built, installed, or
established in the flowage easement boundary; whether each
such structure or improvement in the inventory was built,
installed or established within the flowage easement boundary
before or after the surveys conducted by the Corps of
Engineers in 2013, 2014, and 2015; and what notice landowners
had of the flowage easement boundary prior to those surveys.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $10,500,000, to remain available
until expended, of which $898,000 shall be deposited into the
Utah Reclamation Mitigation and Conservation Account for use
by the Utah Reclamation Mitigation and Conservation
Commission: Provided, That of the amount provided under this
heading, $1,450,000 shall be available until September 30,
2019, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided
further, That for fiscal year 2018, of the amount made
available to the Commission under this Act or any other Act,
the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $1,332,124,000, to remain available until
expended, of which $67,693,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$5,551,000 shall be available for transfer to the Lower
Colorado
[[Page H1818]]
River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund:
Provided, That such transfers may be increased or decreased
within the overall appropriation under this heading:
Provided further, That of the total appropriated, the amount
for program activities that can be financed by the
Reclamation Fund or the Bureau of Reclamation special fee
account established by 16 U.S.C. 6806 shall be derived from
that Fund or account: Provided further, That funds
contributed under 43 U.S.C. 395 are available until expended
for the purposes for which the funds were contributed:
Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until
expended for the same purposes as the sums appropriated under
this heading: Provided further, That of the amounts provided
herein, funds may be used for high-priority projects which
shall be carried out by the Youth Conservation Corps, as
authorized by 16 U.S.C. 1706: Provided further, That in
accordance with section 4009(c) of Public Law 114-322 and as
recommended by the Secretary in a letter dated November 21,
2017, funding provided for such purpose in fiscal year 2017
shall be made available to the North Valley Regional Recycled
Water Program, the Orange County Sanitation District Effluent
Reuse Implementation Project--Headworks Segregation, and the
Groundwater Reliability Improvement Program (GRIP) Recycled
Water Project: Provided further, That in accordance with
section 4007 of Public Law 114-322 and as recommended by the
Secretary in a letter dated February 23, 2018, funding
provided for such purpose in fiscal year 2017 shall be made
available to the Shasta Dam and Reservoir Enlargement
Project, the North-of-Delta Offstream Storage Investigation/
Sites Reservoir Storage Project, the Upper San Joaquin River
Basin Storage Investigation, the Friant-Kern Canal Subsidence
Challenges Project, the Boise River Basin Feasibility Study,
the Yakima River Basin Water Enhancement Project--Cle Elum
Pool Raise, and the Upper Yakima System Storage Feasibility
Study.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $41,376,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575:
Provided further, That none of the funds made available under
this heading may be used for the acquisition or leasing of
water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or
order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$37,000,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED Program
management: Provided further, That CALFED implementation
shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until September 30, 2019,
$59,000,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed five passenger motor
vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous or subsequent appropriations Acts to the agencies or
entities funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure
in fiscal year 2018, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term transfer means
any movement of funds into or out of a program, project, or
activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of the
House of Representatives and the Senate detailing all the
funds reprogrammed between programs, projects, activities, or
categories of funding. The first quarterly report shall be
submitted not later than 60 days after the date of enactment
of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. (a) Section 104(c) of the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is
amended by striking ``2017'' and inserting ``2020''.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) is amended by--
(1) striking ``2017'' and inserting ``2020''; and
(2) striking ``$90,000,000'' and inserting
``$120,000,000''.
Sec. 204. Notwithstanding any other provision of law,
during the period from November 1 through April 30, water
users may use their diversion structures for the purpose of
recharging the Eastern Snake Plain Aquifer, when the
Secretary, in consultation with the Advisory Committee and
Water District 1 watermaster, determines there is water
available in excess of that needed to satisfy existing
Minidoka Project storage and hydropower rights and ensure
operational flexibility.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $2,321,778,000, to
remain available until expended: Provided, That of such
amount, $162,500,000 shall be available until September 30,
2019, for program direction.
[[Page H1819]]
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $248,329,000, to
remain available until expended: Provided, That of such
amount, $28,500,000 shall be available until September 30,
2019, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $1,205,056,000, to remain available until
expended: Provided, That of such amount, $80,000,000 shall
be available until September 30, 2019, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition of interest,
including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological
investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3,
1602, and 1603), $726,817,000, to remain available until
expended: Provided, That of such amount $60,000,000 shall be
available until September 30, 2019, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $4,900,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, unobligated funds
remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq.), $252,000,000,
to remain available until expended: Provided, That, as
authorized by section 404 of the Bipartisan Budget Act of
2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary
of Energy shall draw down and sell not to exceed $350,000,000
of crude oil from the Strategic Petroleum Reserve in fiscal
year 2018: Provided further, That the proceeds from such
drawdown and sale shall be deposited into the ``Energy
Security and Infrastructure Modernization Fund'' during
fiscal year 2018: Provided further, That such amounts shall
remain available until expended for necessary expenses to
carry out the Life Extension II project for the Strategic
Petroleum Reserve: Provided further, That section 158 of the
Continuing Appropriations Act, 2018 (division D of Public Law
115-56), as amended by the Further Extension of Continuing
Appropriations Act, 2018 (subdivision 3 of division B of
Public Law 115-123), shall no longer apply.
SPR Petroleum Account
For the acquisition, transportation, and injection of
petroleum products, and for other necessary expenses pursuant
to the Energy Policy and Conservation Act of 1975, as amended
(42 U.S.C. 6201 et seq.), sections 403 and 404 of the
Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note),
and section 5010 of the 21st Century Cures Act (Public Law
114-255), $8,400,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $6,500,000, to remain available
until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$125,000,000, to remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $298,400,000, to
remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $840,000,000,
to be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $35,732,000 shall be available in accordance with title
X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 16 passenger motor
vehicles for replacement only, including one ambulance and
one bus, $6,259,903,000, to remain available until expended:
Provided, That of such amount, $183,000,000 shall be
available until September 30, 2019, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America
COMPETES Act (Public Law 110-69), $353,314,000, to remain
available until expended: Provided, That of such amount,
$29,250,000 shall be available until September 30, 2019, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b) of the Energy Policy
Act of 2005 under this heading in prior Acts, shall be
collected in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses to carry out this Loan
Guarantee program, $33,000,000 is appropriated from fees
collected in prior years pursuant to section 1702(h) of the
Energy Policy Act of 2005 which are not otherwise
appropriated, to remain available until September 30, 2019:
Provided further, That if the amount in the previous proviso
is not available from such fees, an amount for such purposes
is also appropriated from the general fund so as to result in
a total amount appropriated for such purpose of no more than
$23,000,000: Provided further, That fees collected pursuant
to such section 1702(h) for fiscal year 2018 shall be
credited as offsetting collections under this heading and
shall not be available until appropriated: Provided further,
That the Department of Energy shall not subordinate any loan
obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation
of section 609.10 of title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles
Manufacturing Loan Program, $5,000,000, to remain available
until September 30, 2019.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$1,000,000, to remain available until September 30, 2019.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $285,652,000, to remain available until
September 30, 2019, including the hire of passenger motor
vehicles and official reception and representation expenses
not to exceed $30,000, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further,
That moneys received by the Department for miscellaneous
revenues estimated to total $96,000,000 in fiscal year 2018
may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation from the
general fund estimated at not more than $189,652,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $49,000,000, to remain available until
September 30, 2019.
[[Page H1820]]
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $10,642,138,000, to
remain available until expended: Provided, That of such
amount, $105,600,000 shall be available until September 30,
2019, for program direction.
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $2,048,219,000, to
remain available until expended: Provided, That of the
unobligated balances from prior year appropriations available
under this heading, $49,000,000 is hereby rescinded:
Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,620,000,000, to remain
available until expended, of which, $85,500,000 shall be
transferred to ``Department of Energy--Energy Programs--
Nuclear Energy'', for the Advanced Test Reactor: Provided,
That of such amount, $47,651,000 shall be available until
September 30, 2019, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $407,595,000,
to remain available until September 30, 2019, including
official reception and representation expenses not to exceed
$12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, $5,988,048,000, to
remain available until expended: Provided, That of such
amount, $300,000,000 shall be available until September 30,
2019, for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $840,000,000, to remain available until
expended: Provided, That of such amount, $284,653,000 shall
be available until September 30, 2019, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount
not to exceed $5,000: Provided, That during fiscal year
2018, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, including transmission wheeling and
ancillary services, pursuant to section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $6,379,000, including official
reception and representation expenses in an amount not to
exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944, up to $6,379,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available
until expended for the sole purpose of funding the annual
expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2018
appropriation estimated at not more than $0: Provided
further, That notwithstanding 31 U.S.C. 3302, up to
$51,000,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception
and representation expenses in an amount not to exceed $1,500
in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $30,288,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
up to $18,888,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation estimated at
not more than $11,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $40,000,000 collected
by the Southwestern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, $223,276,000,
including official reception and representation expenses in
an amount not to exceed $1,500, to remain available until
expended, of which $221,251,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), and section 1 of the
Interior Department Appropriation Act, 1939 (43 U.S.C. 392a),
up to $129,904,000 collected by the Western Area Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation estimated at
not more than $93,372,000, of which $91,347,000 is derived
from the Reclamation Fund: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $209,000,000 collected
by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of
1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$4,176,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $3,948,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections,
[[Page H1821]]
to remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation estimated at
not more than $228,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2018, the
Administrator of the Western Area Power Administration may
accept up to $872,000 in funds contributed by United States
power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which
contributed in like manner as if said sums had been
specifically appropriated for such purpose: Provided
further, That any such funds shall be available without
further appropriation and without fiscal year limitation for
use by the Commissioner of the United States Section of the
International Boundary and Water Commission for the sole
purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these
Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception
and representation expenses not to exceed $3,000, and the
hire of passenger motor vehicles, $367,600,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $367,600,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2018 shall be retained and used
for expenses necessary in this account, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
revenues are received during fiscal year 2018 so as to result
in a final fiscal year 2018 appropriation from the general
fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity
or to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the
Committees on Appropriations of both Houses of Congress at
least 3 full business days in advance, none of the funds made
available in this title may be used to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including
a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days
of the conclusion of each quarter a report detailing each
grant allocation or discretionary grant award totaling less
than $1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the
report required by paragraph (2) shall include the recipient
of the award, the amount of the award, the fiscal year for
which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are
being drawn, the title of the award, and a brief description
of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear
cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g),
the amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Final Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of
any proposed reprogramming that would cause any program,
project, or activity funding level to increase or decrease by
more than $5,000,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a
reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial
risk to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3
days after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under
paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2018 until the enactment of the Intelligence
Authorization Act for fiscal year 2018.
Sec. 303. None of the funds made available in this title
shall be used for the construction of facilities classified
as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of
Enterprise Assessments to ensure the project is in compliance
with nuclear safety requirements.
Sec. 304. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 305. (a) None of the funds made available in this or
any prior Act under the heading ``Defense Nuclear
Nonproliferation'' may be made available to enter into new
contracts with, or new agreements for Federal assistance to,
the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in
subsection (a) if the Secretary determines that such activity
is in the national security interests of the United States.
This waiver authority may not be delegated.
(c) A waiver under subsection (b) shall not be effective
until 15 days after the date on which the Secretary submits
to the Committees on Appropriations of both Houses of
Congress, in classified form if necessary, a report on the
justification for the waiver.
Sec. 306. (a) New Regional Reserves.--The Secretary of
Energy may not establish any new regional petroleum product
reserve unless funding for the proposed regional petroleum
product reserve is explicitly requested in advance in an
annual budget submission and approved by the Congress in an
appropriations Act.
(b) The budget request or notification shall include--
(1) the justification for the new reserve;
(2) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(3) a detailed plan for operation of the reserve, including
the conditions upon which the products may be released;
(4) the location of the reserve; and
(5) the estimate of the total inventory of the reserve.
Sec. 307. The Secretary of Energy may not transfer more
than $274,833,000 from the amounts made available under this
title to the working capital fund established under section
653 of the Department of Energy Organization Act (42 U.S.C.
7263): Provided, That the Secretary may transfer additional
amounts to the working capital fund after the Secretary
provides notification in advance of any such transfer to the
Committees on Appropriations of both Houses of Congress:
Provided further, That any such notification shall identify
the sources of funds
[[Page H1822]]
by program, project, or activity: Provided further, That the
Secretary shall notify the Committees on Appropriations of
both Houses of Congress before adding or removing any
activities from the fund.
Sec. 308. Not later than 90 days after the date of
enactment of this Act, the Secretary of the Department of
Energy, in consultation with the Office of Management and
Budget, shall submit to the Committees on Appropriations of
both Houses of Congress a report that provides a detailed
explanation, using specific receipts data and legal
authorities, of how each of the Western Area Power
Administration, the Southwestern Power Administration, and
the Southeastern Power Administration are executing current
receipt authority provided in this and prior year
appropriations Acts to create carryover of unobligated
balances for purchase power and wheeling expenditures.
Sec. 309. (a) Funds provided by this Act for Project 99-D-
143, Mixed Oxide Fuel Fabrication Facility, and any funds
provided by prior Acts for such Project that remain
unobligated, may be made available only for construction and
project support activities for such Project.
(b) The Secretary of Energy shall not be subject to the
requirements of subsection (a) if the Secretary waives the
requirements of section 3121(a) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) in
accordance with subsection (b) of such section.
(c) If the Secretary waives the requirements of section
3121(a) of the National Defense Authorization Act for Fiscal
Year 2018, the Secretary--
(1) shall concurrently submit to the Committees on
Appropriations of both Houses of Congress the lifecycle cost
estimate used to make the certification under section 3121(b)
of such Act; and
(2) may not use funds provided for the Project to eliminate
such Project until the date that is 30 days after the
submission of the lifecycle cost estimate required under
paragraph (1).
Sec. 310. The unappropriated receipts currently in the
Uranium Supply and Enrichment Activities account shall be
transferred to and merged with the Uranium Enrichment
Decontamination and Decommissioning Fund and shall be
available only to the extent provided in advance in
appropriations Acts.
Sec. 311. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination
by the President in this fiscal year that a regional supply
shortage of refined petroleum product of significant scope
and duration exists, that a severe increase in the price of
refined petroleum product will likely result from such
shortage, and that a draw down and sale of refined petroleum
product would assist directly and significantly in reducing
the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the
Strategic Petroleum Reserve. Proceeds from a sale under this
section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247), and such amounts shall be
available for obligation, without fiscal year limitation,
consistent with that section.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $155,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $31,000,000, to remain available until
September 30, 2019.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382F(d), 382M, and 382N of said Act, $25,000,000, to remain
available until expended.
Denali Commission
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and
capital equipment as necessary and other expenses,
$30,000,000, to remain available until expended,
notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds
shall be available for construction projects in an amount not
to exceed 80 percent of total project cost for distressed
communities, as defined by section 307 of the Denali
Commission Act of 1998 (division C, title III, Public Law
105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities:
Provided further, That notwithstanding any other provision of
law regarding payment of a non-Federal share in connection
with a grant-in-aid program, amounts under this heading shall
be available for the payment of such a non-Federal share for
programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $15,000,000, to remain
available until expended: Provided, That such amounts shall
be available for administrative expenses, notwithstanding
section 15751(b) of title 40, United States Code: Provided
further, That during fiscal year 2018, the duties and
authority of the Federal Cochairperson shall be assumed by
the Northern Border Regional Commission Program Director if
the position of the Federal Cochairperson and Alternate
Federal Cochairperson is vacant.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $250,000, to remain
available until expended.
Nuclear Regulatory Commission
salaries and expenses
(including rescission of funds)
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $909,137,000, including official
representation expenses not to exceed $25,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $9,500,000 may be made
available for salaries, travel, and other support costs for
the Office of the Commission, to remain available until
September 30, 2019, of which, notwithstanding section
201(a)(2)(c) of the Energy Reorganization Act of 1974 (42
U.S.C. 5841(a)(2)(c)), the use and expenditure shall only be
approved by a majority vote of the Commission: Provided
further, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$779,768,032 in fiscal year 2018 shall be retained and used
for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That of the amounts
appropriated under this heading, not less than $10,000,000
shall be for activities related to the development of
regulatory infrastructure for advanced nuclear technologies,
and $16,200,000 shall be for international activities, except
that the amounts provided under this proviso shall not be
derived from fee revenues, notwithstanding 42 U.S.C. 2214:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2018 so as to result in a final fiscal year 2018
appropriation estimated at not more than $129,300,892:
Provided further, That of the amounts appropriated under this
heading, $10,000,000 shall be for university research and
development in areas relevant to the Commission's mission,
and $5,000,000 shall be for a Nuclear Science and Engineering
Grant Program that will support multiyear projects that do
not align with programmatic missions but are critical to
maintaining the discipline of nuclear science and
engineering: Provided further, That $68,076.04 of
unobligated balances from the funds transferred to the
Nuclear Regulatory Commission from the United States Agency
for International Development pursuant to section 632(a) of
the Foreign Assistance Act of 1961 are rescinded: Provided
further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $12,859,000, to remain available until September 30,
2019: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $10,555,000 in fiscal year 2018 shall be
retained and be available until September 30, 2019, for
necessary salaries and expenses in this account,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2018 so as to result in a final fiscal year 2018
appropriation estimated at not more than $2,304,000:
Provided further, That of the amounts appropriated under this
heading, $1,131,000 shall be for Inspector General services
for the Defense Nuclear Facilities Safety Board, which shall
not be available from fee revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,600,000, to be derived from the Nuclear Waste Fund,
to remain available until September 30, 2019.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal
Commission Procedures when responding to Congressional
requests for information.
[[Page H1823]]
Sec. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall
notify the Committees on Appropriations of both Houses of
Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program funding level to
increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this
Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with
such requirement would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of
any waiver under paragraph (1) as soon as practicable, but
not later than 3 days after the date of the activity to which
a requirement or restriction would otherwise have applied.
Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver
and changes to funding levels to programs, projects, or
activities.
(c) Except as provided in subsections (a), (b), and (d),
the amounts made available by this title for ``Nuclear
Regulatory Commission--Salaries and Expenses'' shall be
expended as directed in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which
funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or
activity, including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the report of the
Committee on Appropriations accompanying this Act, or any
authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to
another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government
may be transferred to accounts funded in title III of this
Act, except pursuant to a transfer made by or transfer
authority provided in this Act or any other appropriations
Act for any fiscal year, transfer authority referenced in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any
authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to
another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred,
and shall not replace or modify existing notification
requirements for each authority.
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2018''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2018
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor
vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy
activities; domestic finance and tax policy activities,
including technical assistance to Puerto Rico; and Treasury-
wide management policies and programs activities,
$201,751,000: Provided, That of the amount appropriated
under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2019, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Critical Infrastructure Protection and
Compliance Policy, including entering into cooperative
agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
money launderers, drug kingpins, and other national security
threats, $141,778,000: Provided, That of the amount
appropriated under this heading: (1) up to $32,000,000 may be
transferred to the Departmental Offices Salaries and Expenses
appropriation and shall be available for administrative
support to the Office of Terrorism and Financial
Intelligence; and (2) up to $5,000,000 shall remain available
until September 30, 2019.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$24,000,000, to remain available until September 30, 2020:
Provided, That such funds shall supplement and not supplant
any other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That the Chief
Information Officer of the individual offices and bureaus
shall submit a spend plan for each investment to the Treasury
Chief Information Officer for approval: Provided further,
That the submitted spend plan shall be reviewed and approved
by the Treasury Chief Information Officer prior to the
obligation of funds under this heading: Provided further,
That of the total amount made available under this heading
$1,000,000 shall be available for administrative expenses for
the Treasury Chief Information Officer to provide oversight
of the investments made under this heading: Provided
further, That such funds shall supplement and not supplant
any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services and for repairs
and renovations to buildings owned by the Department of the
Treasury, $4,426,000, to remain available until September 30,
2020: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer
authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $37,044,000, including hire of passenger motor
vehicles; of which not to exceed $100,000 shall be available
for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 to remain
available until September 30, 2019, shall be for audits and
investigations conducted pursuant to section 1608
[[Page H1824]]
of the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (33 U.S.C. 1321 note); and of which not to exceed
$1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
$169,634,000, of which $5,000,000 shall remain available
until September 30, 2019; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not
to exceed $500,000 shall be available for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $34,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by
5 U.S.C. 3109; not to exceed $10,000 for official reception
and representation expenses; and for assistance to Federal
law enforcement agencies, with or without reimbursement,
$115,003,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2020.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$702,000,000 are hereby permanently rescinded not later than
September 30, 2018.
(including return of funds)
In addition, of amounts in the Treasury Forfeiture Fund,
$38,800,000 from funds paid to the United States Government
by BNP Paribas S.A. as part of, or related to, a plea
agreement dated June 27, 2014, entered into between the
Department of Justice and BNP Paribas S.A., and subject to a
consent order entered by the United States District Court for
the Southern District of New York on May 1, 2015, in United
States v. BNPP, No. 14 Cr. 460 (S.D.N.Y.), are hereby
returned to the General Fund of the Treasury.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $338,280,000; of which not to exceed
$4,210,000, to remain available until September 30, 2020, is
for information systems modernization initiatives; and of
which $5,000 shall be available for official reception and
representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $111,439,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 for cooperative research and development
programs for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated
under this heading, $5,000,000 shall be for the costs of
accelerating the processing of formula and label
applications: Provided further, That of the amount
appropriated under this heading, $5,000,000, to remain
available until September 30, 2019, shall be for the costs
associated with enforcement of the trade practice provisions
of the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2018 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvements Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-3, $250,000,000. Of the amount appropriated under
this heading--
(1) not less than $160,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2019, for financial assistance, technical assistance,
training, and outreach under subparagraphs (A) and (B) of
section 108(a)(1), respectively, of Public Law 103-325 (12
U.S.C. 4707(a)(1)(A) and (B)), of which up to $2,680,000 may
be used for the cost of direct loans, and of which up to
$3,000,000, notwithstanding subsection (d) of section 108 of
Public Law 103-325 (12 U.S.C. 4707 (d)), may be available to
provide financial assistance, technical assistance, training,
and outreach to community development financial institutions
to expand investments that benefit individuals with
disabilities: Provided, That the cost of direct and
guaranteed loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $25,000,000;
(2) not less than $16,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2019, for financial assistance,
technical assistance, training, and outreach programs
designed to benefit Native American, Native Hawaiian, and
Alaska Native communities and provided primarily through
qualified community development lender organizations with
experience and expertise in community development banking and
lending in Indian country, Native American organizations,
tribes and tribal organizations, and other suitable
providers;
(3) not less than $25,000,000 is available until September
30, 2019, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2019, for
a Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose
of offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) up to $27,000,000 is available until September 30,
2018, for administrative expenses, including administration
of CDFI fund programs and the New Markets Tax Credit Program,
of which not less than $1,000,000 is for development of tools
to better assess and inform CDFI investment performance, and
up to $300,000 is for administrative expenses to carry out
the direct loan program; and
(6) during fiscal year 2018, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That
commitments to guarantee bonds and notes under such section
114A shall not exceed $500,000,000: Provided further, That
such section 114A shall remain in effect until December 31,
2018: Provided further, That of the funds awarded under this
heading, not less than 10 percent shall be used for awards
that support investments that serve populations living in
persistent poverty counties: Provided further, That for the
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more
of its population living in poverty over the past 30 years,
as measured by the 1990 and 2000 decennial censuses and the
2011-2015 5-year data series available from the American
Community Survey of the Census Bureau.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,506,554,000, of which not less than $9,890,000 shall be
for the Tax Counseling for the Elderly Program, of which not
less than $12,000,000 shall be available for low-income
taxpayer clinic grants, and of which not less than
$15,000,000, to remain available until September 30, 2019,
shall be available for a Community Volunteer Income Tax
Assistance matching grants program for tax return preparation
assistance, of which not less than $206,000,000 shall be
available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for
the Taxpayer Advocate Service, not less than $5,500,000 shall
be for identity theft casework.
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue
[[Page H1825]]
Service to determine and collect owed taxes, to provide legal
and litigation support, to conduct criminal investigations,
to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase
and hire passenger motor vehicles (31 U.S.C. 1343(b)), and to
provide other services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$4,860,000,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2019, and of which not
less than $60,257,000 shall be for the Interagency Crime and
Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage;
physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire
of passenger motor vehicles (31 U.S.C. 1343(b)); the
operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner;
$3,634,000,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2019; of which not to
exceed $10,000,000 shall remain available until expended for
acquisition of equipment and construction, repair and
renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2020, for
research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided,
That not later than 30 days after the end of each quarter,
the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate and the Comptroller General of the United
States detailing the cost and schedule performance for its
major information technology investments, including the
purpose and life-cycle stages of the investments; the reasons
for any cost and schedule variances; the risks of such
investments and strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the
next quarter: Provided further, That the Internal Revenue
Service shall include, in its budget justification for fiscal
year 2019, a summary of cost and schedule performance
information for its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $110,000,000, to
remain available until September 30, 2020, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States detailing
the cost and schedule performance for major information
technology investments, including the purposes and life-cycle
stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and the
strategies the Internal Revenue Service is using to mitigate
such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to
victims of tax-related crimes.
Sec. 105. None of the funds made available to the Internal
Revenue Service by this Act may be used to make a video
unless the Service-Wide Video Editorial Board determines in
advance that making the video is appropriate, taking into
account the cost, topic, tone, and purpose of the video.
Sec. 106. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall give special consideration to an offer-in-compromise
from a taxpayer who has been the victim of fraud by a third
party payroll tax preparer.
Sec. 107. None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
the United States.
Sec. 108. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 109. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 110. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program
or process takes into account the conduct and Federal tax
compliance of such employee or former employee.
Sec. 111. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Sec. 112. Except to the extent provided in section 6014,
6020, or 6201(d) of the Internal Revenue Code of 1986, no
funds in this or any other Act shall be available to the
Secretary of the Treasury to provide to any person a proposed
final return or statement for use by such person to satisfy a
filing or reporting requirement under such Code.
Sec. 113. In addition to the amounts otherwise made
available in this Act for the Internal Revenue Service,
$320,000,000, to be available until September 30, 2019, shall
be transferred by the Commissioner to the ``Taxpayer
Services'', ``Enforcement'', or ``Operations Support''
accounts of the Internal Revenue Service for an additional
amount to be used solely for carrying out Public Law 115-97:
Provided, That such funds shall not be available until the
Commissioner submits to the Committees on Appropriations of
the House of Representatives and the Senate a spending plan
for such funds.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 114. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 115. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco
Tax and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That no transfer under this section may
increase or decrease any such appropriation by more than 2
percent.
Sec. 116. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 117. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 118. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service-Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
[[Page H1826]]
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 120. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 121. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2018
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2018.
Sec. 122. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 123. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the Senate and the House of Representatives not later than
30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 124. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 125. During fiscal year 2018--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize
any regulation, revenue ruling, or other guidance not limited
to a particular taxpayer relating to the standard which is
used to determine whether an organization is operated
exclusively for the promotion of social welfare for purposes
of section 501(c)(4) of the Internal Revenue Code of 1986
(including the proposed regulations published at 78 Fed. Reg.
71535 (November 29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 126. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities
to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available
to testify on the contents of the reports required under
subsection (a).
Sec. 127. Notwithstanding paragraph (2) of section 402(c)
of the Helping Families Save their Homes Act of 2009, in
utilizing funds made available by paragraph (1) of section
402(c) of such Act, the Special Inspector General for the
Troubled Asset Relief Program shall prioritize the
performance of audits or investigations of any program that
is funded in whole or in part by funds appropriated under the
Emergency Economic Stabilization Act of 2008, to the extent
that such priority is consistent with other aspects of the
mission of the Special Inspector General.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2018''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $12,917,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $750,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,187,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security
[[Page H1827]]
Council, including services as authorized by 5 U.S.C. 3109,
$11,800,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$100,000,000, of which not to exceed $12,800,000 shall remain
available until expended for continued modernization of
information resources within the Executive Office of the
President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, to carry out the
provisions of chapter 35 of title 44, United States Code, and
to prepare and submit the budget of the United States
Government, in accordance with section 1105(a) of title 31,
United States Code, $101,000,000, of which not to exceed
$3,000 shall be available for official representation
expenses: Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further,
That of the funds made available for the Office of Management
and Budget by this Act, no less than three full-time
equivalent senior staff position shall be dedicated solely to
the Office of the Intellectual Property Enforcement
Coordinator: Provided further, That none of the funds
provided in this or prior Acts shall be used, directly or
indirectly, by the Office of Management and Budget, for
evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through
the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to
the Civil Works water resource planning process: Provided
further, That the Office of Management and Budget shall have
not more than 60 days in which to perform budgetary policy
reviews of water resource matters on which the Chief of
Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the
appropriate authorizing and appropriating committees when the
60-day review is initiated: Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall
assume Office of Management and Budget concurrence with the
report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
2006 (Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$18,400,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $280,000,000, to remain available until September
30, 2019, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas (``HIDTAs''), of which not less than
51 percent shall be transferred to State and local entities
for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up
to 49 percent may be transferred to Federal agencies and
departments in amounts determined by the Director of the
Office of National Drug Control Policy, of which up to
$2,700,000 may be used for auditing services and associated
activities: Provided further, That, notwithstanding the
requirements of Public Law 106-58, any unexpended funds
obligated prior to fiscal year 2016 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated
as of September 30, 2017, shall be funded at not less than
the fiscal year 2017 base level, unless the Director submits
to the Committees on Appropriations of the House of
Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2018 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this
Act: Provided further, That upon a determination that all or
part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $117,093,000, to remain available until
expended, which shall be available as follows: $99,000,000
for the Drug-Free Communities Program, of which $2,000,000
shall be made available as directed by section 4 of Public
Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521
note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,343,000
for the United States membership dues to the World Anti-
Doping Agency; and $1,250,000 shall be made available as
directed by section 1105 of Public Law 109-469; and
$3,000,000, to remain available until expended, shall be for
activities authorized by section 103 of Public Law 114-198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to
carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$798,000, to remain available until September 30, 2019.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $19,000,000, to remain
available until expended: Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $302,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be
increased by more than 50 percent by such transfers:
Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the
Vice President.
Sec. 202. Within 90 days after the date of enactment of
this section, the Director of the Office of Management and
Budget shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
on the costs of implementing the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Public Law 111-203). Such
report shall include--
[[Page H1828]]
(1) the estimated mandatory and discretionary obligations
of funds through fiscal year 2019, by Federal agency and by
fiscal year, including--
(A) the estimated obligations by cost inputs such as rent,
information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate such
estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
(2) the estimated receipts through fiscal year 2019 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including--
(A) the methodology and data sources used to calculate such
estimated collections; and
(B) the specific section of such Act that authorizes the
collection of funds.
Sec. 203. (a) During fiscal year 2018, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary
impact, including costs, benefits, and revenues, of such
order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal year period
beginning in fiscal year 2018; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2018.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2018 due to a national emergency,
the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15
days after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of
$100,000,000.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2018''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $82,028,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $16,153,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $31,291,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized
by law, $18,889,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized
by law, $5,099,061,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects
and for furniture and furnishings related to new space
alteration and construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $8,230,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,078,713,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $50,944,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $586,999,000, of
which not to exceed $20,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $90,423,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $29,265,000; of which
$1,800,000 shall remain available through September 30, 2019,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$18,699,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District
[[Page H1829]]
Courts, and Other Judicial Services'' shall be available for
official reception and representation expenses of the
Judicial Conference of the United States: Provided, That
such available funds shall not exceed $11,000 and shall be
administered by the Director of the Administrative Office of
the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the matter following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``26 years and 6 months'' and inserting
``27 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``21 years and 6 months'' and inserting
``24 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of Missouri) by striking ``24 years and 6 months''
and inserting ``25 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``15 years'' and
inserting ``16 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``14 years and 6
months'' and inserting ``15 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``13 years'' and inserting
``14 years''.
Sec. 307. (a) Section 1871(b) of title 28, United States
Code, is amended in paragraph (1) by striking ``$40'' and
inserting ``$50''.
(b) Effective Date.--The amendment made in subsection (a)
shall take effect 45 days after the date of enactment of this
Act.
This title may be cited as the ``Judiciary Appropriations
Act, 2018''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $40,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided
further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use
those funds solely for the purposes of carrying out the
Resident Tuition Support Program: Provided further, That the
Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures
made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $13,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $265,400,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $14,000,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $121,000,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $71,500,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $58,900,000, to remain available
until September 30, 2019, for capital improvements for
District of Columbia courthouse facilities: Provided, That
funds made available for capital improvements shall be
expended consistent with the District of Columbia Courts
master plan study and facilities condition assessment:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than $6,000,000 of
the funds provided under this heading among the items and
entities funded under this heading: Provided further, That
the Joint Committee on Judicial Administration in the
District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter
II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$49,890,000, to remain available until expended: Provided,
That not more than $20,000,000 in unobligated funds provided
in this account may be transferred to and merged with funds
made available under the heading ``Federal Payment to the
District of Columbia Courts,'' to be available for the same
period and purposes as funds made available under that
heading for capital improvements to District of Columbia
courthouse facilities: Provided, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia:
Provided further, That, notwithstanding any other provision
of law, this appropriation shall be apportioned quarterly by
the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for
expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $244,298,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency programs, of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which
$180,840,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to
protection orders or the provision of services for or related
to such persons; and of which $63,458,000 shall be available
to the Pretrial Services Agency: Provided, That
notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of
other Federal agencies: Provided further, That amounts under
this heading may be used for programmatic incentives for
defendants to successfully complete their terms of
supervision.
[[Page H1830]]
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$41,829,000: Provided, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,000,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2019, to the Commission on Judicial Disabilities and
Tenure, $295,000, and for the Judicial Nomination Commission,
$270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $45,000,000, to remain available
until expended, for payments authorized under the Scholarship
for Opportunity and Results Act (division C of Public Law
112-10): Provided, That, to the extent that funds are
available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships $3,200,000 shall be for the activities specified
in sections 3007(b) through 3007(d) and 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $435,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the
District of Columbia (``General Fund'') for programs and
activities set forth under the heading ``part a--summary of
expenses'' and at the rate set forth under such heading, as
included in D.C. Bill 22-242, as amended as of the date of
enactment of this Act: Provided, That notwithstanding any
other provision of law, except as provided in section 450A of
the District of Columbia Home Rule Act (section 1-204.50a,
D.C. Official Code), sections 816 and 817 of the Financial
Services and General Government Appropriations Act, 2009
(secs. 47-369.01 and 47-369.02, D.C. Official Code), and
provisions of this Act, the total amount appropriated in this
Act for operating expenses for the District of Columbia for
fiscal year 2018 under this heading shall not exceed the
estimates included in D.C. Bill 22-242, as amended as of the
date of enactment of this Act or the sum of the total
revenues of the District of Columbia for such fiscal year:
Provided further, That the amount appropriated may be
increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital
needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of
Columbia Home Rule Act: Provided further, That the Chief
Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of
Columbia meets these requirements, including the apportioning
by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2018,
except that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $14,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.
This title may be cited as the ``District of Columbia
Appropriations Act, 2018''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,100,000, to remain available until September 30, 2019, of
which not to exceed $1,000 is for official reception and
representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $8,000 for official
reception and representation expenses, $126,000,000, of which
$1,100,000 shall remain available until expended to carry out
the program, including administrative costs, required by
section 1405 of the Virginia Graeme Baker Pool and Spa Safety
Act (Public Law 110-140; 15 U.S.C. 8004).
administrative provisions--consumer product safety commission
Sec. 501. During fiscal year 2018, none of the amounts
made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway
Vehicles published by the Consumer Product Safety Commission
in the Federal Register on November 19, 2014 (79 Fed. Reg.
68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $10,100,000, of which
$1,500,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002.
election reform program
Notwithstanding section 104(c)(2)(B) of the Help America
Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $380,000,000 is
provided to the Election Assistance Commission for necessary
expenses to make payments to States for activities to improve
the administration of elections for Federal office, including
to enhance election technology and make election security
improvements, as authorized by sections 101, 103, and 104 of
such Act: Provided, That each reference to the
``Administrator of General Services'' or the
``Administrator'' in sections 101 and 103 shall be deemed to
refer to the ``Election Assistance Commission'': Provided
further, That each reference to ``$5,000,000'' in section 103
shall be deemed to refer to ``$3,000,000'' and each reference
to ``$1,000,000'' in section 103 shall be deemed to refer to
``$600,000'': Provided further, That not later than 45 days
after the date of enactment of this Act, the Election
Assistance Commission shall make the payments to states under
this heading: Provided further, That not later than two
years after receiving a payment under this heading, a state
shall make available funds for such activities in an amount
equal to 5 percent of the total amount of the payment made to
the State under this heading.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$322,035,000, to remain available until expended: Provided,
That $322,035,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting
[[Page H1831]]
collections are received during fiscal year 2018 so as to
result in a final fiscal year 2018 appropriation estimated at
$0: Provided further, That any offsetting collections
received in excess of $322,035,000 in fiscal year 2018 shall
not be available for obligation: Provided further, That
remaining offsetting collections from prior years collected
in excess of the amount specified for collection in each such
year and otherwise becoming available on October 1, 2017,
shall not be available for obligation: Provided further,
That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from
the use of a competitive bidding system that may be retained
and made available for obligation shall not exceed
$111,150,000 for fiscal year 2018: Provided further, That,
of the amount appropriated under this heading, not less than
$11,020,000 shall be for the salaries and expenses of the
Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Sec. 511. Section 6403 of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1452) is amended by
adding at the end the following:
``(j) Reserve Source for Payment of Relocation Costs.--
``(1) Funding.--There are hereby authorized to be
appropriated, and appropriated, to the TV Broadcaster
Relocation Fund established by subsection (d), out of any
monies in the Treasury not otherwise appropriated--
``(A) for fiscal year 2018, $600,000,000, to remain
available, notwithstanding subsection (d)(4), until not later
than July 3, 2023, pursuant to this subsection; and
``(B) for fiscal year 2019, $400,000,000, to remain
available, notwithstanding subsection (d)(4), until not later
than July 3, 2023, pursuant to this subsection.
``(2) Availability of funds.--
``(A) In general.--If the Commission makes the
certification described in subparagraph (B), amounts made
available to the TV Broadcaster Relocation Fund by paragraph
(1) shall be available to the Commission to make--
``(i) reimbursements pursuant to subsection (b)(4)(A)(i) or
(b)(4)(A)(ii), including not more than $350,000,000 for this
purpose from funds made available by paragraph (1)(A);
``(ii) payments required by subsection (k), including not
more than $150,000,000 for this purpose from funds made
available by paragraph (1)(A);
``(iii) payments required by subsection (l), including not
more than $50,000,000 for this purpose from funds made
available by paragraph (1)(A); and
``(iv) payments solely for the purposes of consumer
education relating to the reorganization of broadcast
television spectrum under subsection (b), including
$50,000,000 for this purpose from funds made available by
paragraph (1)(A).
``(B) Certification.--The certification described in this
subparagraph is a certification from the Commission to the
Secretary of the Treasury that the funds available prior to
the date of enactment of this subsection in the TV
Broadcaster Relocation Fund are likely to be insufficient to
reimburse reasonably incurred costs described in subsection
(b)(4)(A)(i) or (b)(4)(A)(ii).
``(C) Availability for payments after april 13, 2020.--
``(i) For payments to broadcast television licensees and
mvpds.--Notwithstanding subsection (b)(4)(D), the Commission
may make payments pursuant to subsection (b)(4)(A)(i) or
(b)(4)(A)(ii) from amounts made available to the TV
Broadcaster Relocation Fund by paragraph (1) after April 13,
2020, if, before making any such payments after such date,
the Commission submits to Congress a certification that such
payments are necessary to reimburse reasonably incurred costs
described in such subsection.
``(ii) For payments to television translator stations and
low power television stations.--Amounts made available to the
TV Broadcaster Relocation Fund by paragraph (1) shall not be
available to the Commission to make payments required by
subsection (k) after April 13, 2020, unless, before making
any such payments after such date, the Commission submits to
Congress a certification that such payments are necessary to
reimburse costs reasonably incurred by a television
translator station or low power television station (as such
terms are defined in subsection (k)) on or after January 1,
2017, in order for such station to relocate its television
service from one channel to another channel or otherwise
modify its facility as a result of the reorganization of
broadcast television spectrum under subsection (b).
``(iii) For payments to fm broadcast stations.--Amounts
made available to the TV Broadcaster Relocation Fund by
paragraph (1) shall not be available to the Commission to
make payments required by subsection (l) after April 13,
2020, unless, before making any such payments after such
date, the Commission submits to Congress a certification that
such payments are necessary to reimburse costs reasonably
incurred by an FM broadcast station (as defined in subsection
(l)) for facilities necessary for such station to reasonably
minimize disruption of service as a result of the
reorganization of broadcast television spectrum under
subsection (b).
``(3) Unused funds rescinded and deposited into the general
fund of the treasury.--
``(A) Rescission and deposit.--If any unobligated amounts
made available to the TV Broadcaster Relocation Fund by
paragraph (1) remain in the Fund after the date described in
subparagraph (B), such amounts shall be rescinded and
deposited into the general fund of the Treasury, where such
amounts shall be dedicated for the sole purpose of deficit
reduction.
``(B) Date described.--The date described in this
subparagraph is the earlier of--
``(i) the date of a certification by the Commission under
subparagraph (C) that all reimbursements pursuant to
subsections (b)(4)(A)(i) and (b)(4)(A)(ii) have been made and
that all reimbursements pursuant to subsections (k) and (l)
have been made; or
``(ii) July 3, 2023.
``(C) Certification.--If all reimbursements pursuant to
subsections (b)(4)(A)(i) and (b)(4)(A)(ii) and all
reimbursements pursuant to subsections (k) and (l) have been
made before July 3, 2023, the Commission shall submit to the
Secretary of the Treasury a certification that all such
reimbursements have been made.
``(4) Administrative costs.--The amount of auction proceeds
that the salaries and expenses account of the Commission is
required to retain under section 309(j)(8)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)),
including from the proceeds of the forward auction under this
section, shall be sufficient to cover the administrative
costs incurred by the Commission in making any reimbursements
out of the TV Broadcaster Relocation Fund from amounts made
available to that Fund by paragraph (1).
``(k) Payment of Relocation Costs of Television Translator
Stations and Low Power Television Stations.--
``(1) Payment required.--From amounts made available under
subsection (j)(2), the Commission shall reimburse costs
reasonably incurred by a television translator station or low
power television station on or after January 1, 2017, in
order for such station to relocate its television service
from one channel to another channel or otherwise modify its
facility as a result of the reorganization of broadcast
television spectrum under subsection (b). Only stations that
are eligible to file and do file an application in the
Commission's Special Displacement Window are eligible to seek
reimbursement under this paragraph.
``(2) Limitation.--The Commission may not make
reimbursements under paragraph (1) for lost revenues.
``(3) Duplicative payments prohibited.--In the case of a
low power television station that has been accorded primary
status as a Class A television licensee under section
73.6001(a) of title 47, Code of Federal Regulations--
``(A) if the licensee of such station has received
reimbursement with respect to such station under subsection
(b)(4)(A)(i) (including from amounts made available under
subsection (j)(2)(A)(i)), or from any other source, such
station may not receive reimbursement under paragraph (1);
and
``(B) if such station has received reimbursement under
paragraph (1), the licensee of such station may not receive
reimbursement with respect to such station under subsection
(b)(4)(A)(i).
``(4) Additional limitation.--The Commission may not make
reimbursement under paragraph (1) for costs incurred to
resolve mutually exclusive applications, including costs
incurred in any auction of available channels.
``(5) Definitions.--In this subsection:
``(A) Low power television station.--The term `low power
television station' means a low power TV station (as defined
in section 74.701 of title 47, Code of Federal Regulations)
that was licensed and transmitting for at least 9 of the 12
months prior to April 13, 2017. For purposes of the preceding
sentence, the operation of analog and digital companion
facilities may be combined.
``(B) Television translator station.--The term `television
translator station' means a television broadcast translator
station (as defined in section 74.701 of title 47, Code of
Federal Regulations) that was licensed and transmitting for
at least 9 of the 12 months prior to April 13, 2017. For
purposes of the preceding sentence, the operation of analog
and digital companion facilities may be combined.
``(l) Payment of Relocation Costs of Fm Broadcast
Stations.--
``(1) Payment required.--
``(A) In general.--From amounts made available under
subsection (j)(2), the Commission shall reimburse costs
reasonably incurred by an FM broadcast station for facilities
necessary for such station to reasonably minimize disruption
of service as a result of the reorganization of broadcast
television spectrum under subsection (b).
``(B) Limitation.--The Commission may not make
reimbursements under subparagraph (A) for lost revenues.
``(C) Duplicative payments prohibited.--If an FM broadcast
station has received a payment for interim facilities from
the licensee of a television broadcast station that was
reimbursed for such payment under subsection (b)(4)(A)(i)
(including from amounts made available under subsection
(j)(2)(A)(i)),
[[Page H1832]]
or from any other source, such FM broadcast station may not
receive any reimbursements under subparagraph (A).
``(2) Fm broadcast station defined.--In this subsection,
the term `FM broadcast station' has the meaning given such
term in section 73.310 of title 47, Code of Federal
Regulations, and includes an FM translator, which has the
meaning given the term `FM translator' in section 74.1201 of
such title.
``(m) Rulemaking.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Commission shall complete a
rulemaking to implement subsections (k) and (l).
``(2) Matters for inclusion.--The rulemaking completed
under paragraph (1) shall include the development of lists of
reasonable eligible costs to be reimbursed by the Commission
pursuant to subsections (k) and (l), and procedures for the
submission and review of cost estimates and other materials
related to those costs consistent with the regulations
developed by the Commission pursuant to subsection (b)(4).
``(n) Rule of Construction.--
``(1) Nothing in subsections (j) through (m) shall alter
the final transition phase completion date established by the
Commission for full power and Class A television stations.''.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $39,136,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $71,250,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$26,200,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That, notwithstanding 31 U.S.C. 3302, funds
received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to
and merged with this account, to be available without further
appropriation for the costs of carrying out these
conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$306,317,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $126,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any
other provision of law, not to exceed $16,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2018, so as to result in a final fiscal year 2018
appropriation from the general fund estimated at not more
than $164,317,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation, and transfer
of space; contractual services incident to cleaning or
servicing buildings, and moving; repair and alteration of
federally owned buildings, including grounds, approaches, and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $9,073,938,000,
of which--
(1) $692,069,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $132,979,000 shall be for the Alexandria Bay, New York,
Land Port of Entry;
(B) $121,848,000 shall be for the San Diego, California,
Otay Mesa Land Port of Entry;
(C) $137,242,000 shall be for the Harrisburg, Pennsylvania,
United States Courthouse, as requested by the Federal
Judiciary;
(D) $110,000,000 shall be for the Huntsville, Alabama,
United States Courthouse, as requested by the Federal
Judiciary;
(E) $190,000,000 shall be for the Fort Lauderdale, Florida,
United States Courthouse, as requested by the Federal
Judiciary:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a
transmitted prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a
greater amount;
(2) $666,335,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $289,245,000 is for Major Repairs and Alterations;
(B) $312,090,000 is for Basic Repairs and Alterations; and
(C) $65,000,000 is for Special Emphasis Programs, of
which--
(i) $25,000,000 is for Fire and Life Safety;
(ii) $20,000,000 is for Judiciary Capital Security; and
(iii) $20,000,000 is for Consolidation Activities:
Provided, That consolidation projects result in reduced
annual rent paid by the tenant agency: Provided further,
That no consolidation project exceed $10,000,000 in costs:
Provided further, That consolidation projects are approved by
each of the committees specified in section 3307(a) of title
40, United States Code: Provided further, That preference is
given to consolidation projects that achieve a utilization
rate of 130 usable square feet or less per person for office
space: Provided further, That the obligation of funds under
this paragraph for consolidation activities may not be made
until 10 days after a proposed spending plan and explanation
for each project to be undertaken, including estimated
savings, has been submitted to the Committees on
Appropriations of the House of Representatives and the
Senate:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided
further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if
advance approval is obtained from the Committees on
Appropriations: Provided further, That the amounts provided
in this or any prior Act for ``Repairs and Alterations'' may
be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate: Provided
further, That the difference between the funds appropriated
and expended on any projects in this or any prior Act, under
the heading ``Repairs and Alterations'', may be transferred
to Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the
Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,493,768,000 for rental of space to remain available
until expended; and
(4) $2,221,766,000 for building operations to remain
available until expended, of which $1,146,089,000 is for
building services, and
[[Page H1833]]
$1,075,677,000 is for salaries and expenses: Provided, That
not to exceed 5 percent of any appropriation made available
under this paragraph for building operations may be
transferred between and merged with such appropriations upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, but no such appropriation
shall be increased by more than 5 percent by any such
transfers: Provided further, That section 521 of this title
shall not apply with respect to funds made available under
this heading for building operations: Provided further, That
the total amount of funds made available from this Fund to
the General Services Administration shall not be available
for expenses of any construction, repair, alteration and
acquisition project for which a prospectus, if required by 40
U.S.C. 3307(a), has not been approved, except that necessary
funds may be expended for each project for required expenses
for the development of a proposed prospectus: Provided
further, That funds available in the Federal Buildings Fund
may be expended for emergency repairs when advance approval
is obtained from the Committees on Appropriations: Provided
further, That amounts necessary to provide reimbursable
special services to other agencies under 40 U.S.C. 592(b)(2)
and amounts to provide such reimbursable fencing, lighting,
guard booths, and other facilities on private or other
property not in Government ownership or control as may be
appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections:
Provided further, That revenues and collections and any other
sums accruing to this Fund during fiscal year 2018, excluding
reimbursements under 40 U.S.C. 592(b)(2), in excess of the
aggregate new obligational authority authorized for Real
Property Activities of the Federal Buildings Fund in this Act
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
travel, motor vehicles, information technology management,
and related technology activities; and services as authorized
by 5 U.S.C. 3109; $53,499,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; and services as authorized by 5 U.S.C. 3109;
$45,645,000, of which $24,357,000 is for Real and Personal
Property Management and Disposal; $21,288,000 is for the
Office of the Administrator, of which not to exceed $7,500 is
for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $8,795,000.
office of inspector general
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $65,000,000:
Provided, That not to exceed $50,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $4,754,000.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Products and
Programs, including services authorized by 40 U.S.C. 323 and
44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically,
through the development and implementation of innovative uses
of information technology; $50,000,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the
previous amount may be transferred to Federal agencies to
carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall
be available until expended for necessary expenses of Federal
Citizen Services and other activities that enable the Federal
Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed
$100,000,000: Provided further, That appropriations,
revenues, reimbursements, and collections accruing to this
Fund during fiscal year 2018 in excess of such amount shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts: Provided
further, That any appropriations provided to the Electronic
Government Fund that remain unobligated may be transferred to
the Federal Citizen Services Fund: Provided further, That
the transfer authorities provided herein shall be in addition
to any other transfer authority provided in this Act.
technology modernization fund
For the Technology Modernization Fund, $100,000,000, to
remain available until expended, for technology-related
modernization activities.
Asset Proceeds and Space Management Fund
For carrying out the purposes of the Federal Assets Sale
and Transfer Act of 2016 (Public Law 114-287), $5,000,000, to
be deposited into the Asset Proceeds and Space Management
Fund, to remain available until expended.
environmental review improvement fund
For necessary expenses of the Environmental Review
Improvement Fund established pursuant to 42 U.S.C. 4370m-
8(d), $1,000,000, to remain available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made
available for fiscal year 2018 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2019 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
Federal Buildings Fund, Limitations on Availability of
Revenue, claims against the Government of less than $250,000
arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other
construction projects with prior notification to the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease
authority pursuant to a prospectus transmitted to Congress by
the Administrator of the General Services Administration
under 40 U.S.C. 3307, the Administrator shall ensure that the
delineated area of procurement is identical to the delineated
area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the
delineated area of the procurement should not be identical to
the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each
of such committees and the Committees on Appropriations of
the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
Sec. 526. With respect to each project funded under the
heading ``Major Repairs and Alterations'' or ``Judiciary
Capital Security Program'', and with respect to E-Government
projects funded under the heading ``Federal Citizen Services
Fund'', the Administrator of General Services shall submit a
spending plan and explanation for each project to be
undertaken to the Committees on Appropriations of the House
of Representatives and the Senate not later than 60 days
after the date of enactment of this Act.
Sec. 527. Section 16 of the Federal Assets Sale and
Transfer Act of 2016 (Public Law 114-287) is amended--
(1) by inserting the following at the end of subparagraph
(a)(1): ``The Account shall be under the custody and control
of the Chairperson of the Board and deposits in the Account
shall remain available until expended.'';
(2) by striking subparagraph (b)(1) and inserting in lieu
thereof the following:
``(1) Establishment.--There is established in the Treasury
of the United States an account to be known as the `Public
Buildings Reform Board--Asset Proceeds and Space Management
Fund' (in this subsection referred to as the `Fund'). The
Fund shall be
[[Page H1834]]
under the custody and control of the Administrator of General
Services and deposits in the Fund shall remain available
until expended.''.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$1,000,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $44,490,000,
to remain available until September 30, 2019, and in addition
not to exceed $2,345,000, to remain available until September
30, 2019, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,975,000, to
remain available until expended, of which, notwithstanding
sections 8 and 9 of such Act: (1) up to $50,000 shall be used
to conduct financial audits pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289); and (2) up to
$1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section
817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided,
That of the total amount made available under this heading
$200,000 shall be transferred to the Office of Inspector
General of the Department of the Interior, to remain
available until expended, for audits and investigations of
the Morris K. Udall and Stewart L. Udall Foundation,
consistent with the Inspector General Act of 1978 (5 U.S.C.
App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $3,366,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
$384,911,000, of which $7,500,000 shall remain available
until expended for the repair, alteration, and improvement of
an additional leased facility to provide adequate storage for
holdings of the House of Representatives and the Senate.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
$4,801,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$7,500,000, to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $6,000,000, to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2019, for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses, $16,439,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953,
as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of
duty, $129,341,000: Provided, That of the total amount made
available under this heading, not to exceed $21,000,000 shall
remain available until September 30, 2019, for information
technology infrastructure modernization and Trust Fund
Federal Financial System migration or modernization, and
shall be in addition to funds otherwise made available for
such purposes upon submitting to the Committees on
Appropriations of the Senate and House of Representatives the
plan of expenditure as required by the ``Consolidated
Appropriations Act, 2017'': Provided further, That the
amount made available by the previous proviso may not be
obligated until the Director of the Office of Personnel
Management submits to the Committees on Appropriations of the
Senate and the House of Representatives within 90 days of
enactment a plan for expenditure of such amount, prepared in
consultation with the Director of the Office of Management
and Budget, the Administrator of the United States Digital
Service, and the Secretary of Homeland Security, that--
(1) identifies the full scope and cost of the IT systems
remediation and stabilization project;
(2) meets the capital planning and investment control
review requirements established by the Office of Management
and Budget, including Circular A-11, part 7;
(3) includes a Major IT Business Case under the
requirements established by the Office of Management and
Budget Exhibit 300;
(4) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Government;
(5) complies with all Office of Management and Budget,
Department of Homeland Security and National Institute of
Standards and Technology requirements related to securing the
agency's information system as described in 44 U.S.C. 3554;
and
(6) is reviewed and commented upon within 60 days of plan
development by the Inspector General of the Office of
Personnel Management, and such comments are submitted to the
Director of the Office of Personnel Management before the
date of such submission:
Provided further, That of the total amount made available
under this heading, $584,000 may be made available for
strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of
such workforce and information technology in support of
acquisition workforce effectiveness or for management
solutions to improve acquisition management; and in addition
$131,414,000 for administrative expenses, to be transferred
from the appropriate trust funds of OPM without regard to
other statutes, including direct procurement of printed
materials, for the retirement and insurance programs:
Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds
as provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order
No. 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission
on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2018,
accept donations of money, property, and personal services:
Provided further, That such donations, including those from
prior years, may be used for the development of publicity
materials to provide information about the White House
Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles,
[[Page H1835]]
$5,000,000, and in addition, not to exceed $25,000,000 for
administrative expenses to audit, investigate, and provide
other oversight of the Office of Personnel Management's
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel
Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12) as amended by Public Law 107-304, the Whistleblower
Protection Enhancement Act of 2012 (Public Law 112-199), and
the Uniformed Services Employment and Reemployment Rights Act
of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of
Columbia and elsewhere, and hire of passenger motor vehicles;
$26,535,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability
and Enhancement Act (Public Law 109-435), $15,200,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $8,000,000, to remain available until
September 30, 2019.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform
Board in carrying out the Federal Assets Sale and Transfer
Act of 2016 (Public Law 114-287), $5,000,000, to remain
available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$1,652,000,000, to remain available until expended; of which
funding for information technology initiatives shall be
increased over the fiscal year 2017 level by not less than
$45,000,000; of which not less than $14,748,358 shall be for
the Office of Inspector General; of which not to exceed
$75,000 shall be available for a permanent secretariat for
the International Organization of Securities Commissions; and
of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory
officials, members of their delegations and staffs to
exchange views concerning securities matters, such expenses
to include necessary logistic and administrative expenses and
the expenses of Commission staff and foreign invitees in
attendance including: (1) incidental expenses such as meals;
(2) travel and transportation; and (3) related lodging or
subsistence; and of which not less than $68,950,000 shall be
for the Division of Economic and Risk Analysis.
In addition to the foregoing appropriation, for costs
associated with relocation under a replacement lease for the
Commission's headquarters facilities, not to exceed
$244,507,052, to remain available until expended: Provided,
That for purposes of calculating the fee rate under section
31(j) of the Securities Exchange Act of 1934 (15 U.S.C.
78ee(j)) for fiscal year 2018, all amounts appropriated under
this heading shall be deemed to be the regular appropriation
to the Commission for fiscal year 2018: Provided further,
That fees and charges authorized by section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be
credited to this account as offsetting collections: Provided
further, That not to exceed $1,652,000,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account and not to exceed $244,507,052 of
such offsetting collections shall be available until expended
for costs under this heading associated with relocation under
a replacement lease for the Commission's headquarters
facilities: Provided further, That the total amount
appropriated under this heading from the general fund for
fiscal year 2018 shall be reduced as such offsetting fees are
received so as to result in a final total fiscal year 2018
appropriation from the general fund estimated at not more
than $0: Provided further, That if any amount of the
appropriation for costs associated with relocation under a
replacement lease for the Commission's headquarters
facilities is subsequently de-obligated by the Commission,
such amount that was derived from the general fund shall be
returned to the general fund, and such amounts that were
derived from fees or assessments collected for such purpose
shall be paid to each national securities exchange and
national securities association, respectively, in proportion
to any fees or assessments paid by such national securities
exchange or national securities association under section 31
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) in
fiscal year 2018.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $22,900,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $268,500,000,
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2018: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2019: Provided
further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small
Business Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $247,100,000,
to remain available until September 30, 2019: Provided, That
$130,000,000 shall be available to fund grants for
performance in fiscal year 2018 or fiscal year 2019 as
authorized by section 21 of the Small Business Act: Provided
further, That $31,000,000 shall be for marketing, management,
and technical assistance under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided
further, That $18,000,000 shall be available for grants to
States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small
Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $19,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to remain
available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,438,172, to remain
available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2018
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 shall not exceed
$7,500,000,000: Provided further, That during fiscal year
2018 commitments for general business loans authorized under
section 7(a) of the Small Business Act shall not exceed
$29,000,000,000 for a combination of amortizing term loans
and the aggregated maximum line of credit provided by
revolving loans: Provided further, That during fiscal year
2018 commitments for loans authorized under subparagraph (C)
of section 502(7) of The Small Business Investment Act of
1958 (15 U.S.C. 696(7)) shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2018 commitments to
guarantee loans for debentures under section 303(b) of the
Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year
2018, guarantees of trust certificates authorized by section
[[Page H1836]]
5(g) of the Small Business Act shall not exceed a principal
amount of $12,000,000,000. In addition, for administrative
expenses to carry out the direct and guaranteed loan
programs, $152,782,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including rescission and transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 531. Of the unobligated balances available for the
Immediate Disaster Assistance Program authorized by section
42 of the Small Business Act (15 U.S. C. 657n) and the
Expedited Disaster Assistance Loan Program authorized by
section 12085 of Public Law 110-246, $2,600,000 are hereby
permanently cancelled: Provided, That no amounts may be
cancelled from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 532. Section 7(m)(4)(E) of the Small Business Act (15
U.S.C. 636(m)(4)(E)) is amended by striking ``25 percent''
each place such term appears and inserting ``50 percent''.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$58,118,000: Provided, That mail for overseas voting and
mail for the blind shall continue to be free: Provided
further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further,
That none of the funds made available to the Postal Service
by this Act shall be used to implement any rule, regulation,
or policy of charging any officer or employee of any State or
local child support enforcement agency, or any individual
participating in a State or local program of child support
enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided
further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post
offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $245,000,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $50,739,887,
of which $500,000 shall remain available until expended:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2018, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization or restructuring of offices,
programs, or activities, each agency or entity funded in this
Act shall consult with the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation in the table
for each appropriation both by object class and program,
project, and activity as detailed in the budget appendix for
the respective appropriation; and (3) an identification of
items of special congressional interest: Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2018 from
appropriations made available for salaries and expenses for
fiscal year 2018 in this Act, shall remain available through
September 30, 2019, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
[[Page H1837]]
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 620. In addition to amounts made available in prior
fiscal years, the Public Company Accounting Oversight Board
(Board) shall have authority to obligate funds for the
scholarship program established by section 109(c)(2) of the
Sarbanes-Oxley Act of 2002 (Public Law 107-204) in an amount
not to exceed $1,000,000 of funds collected by the Board
between January 1, 2017 and December 31, 2017, including
accrued interest, as a result of the assessment of monetary
penalties. Funds available for obligation in fiscal year 2018
shall remain available until expended.
Sec. 621. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed
to Children: Preliminary Proposed Nutrition Principles to
Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on Food Marketed to Children
complies with Executive Order No. 13563.
Sec. 622. None of the funds made available by this Act may
be used to pay the salaries and expenses for the following
positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate
Change.
(3) Senior Advisor to the Secretary of the Treasury
assigned to the Presidential Task Force on the Auto Industry
and Senior Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
Sec. 623. None of the funds in this Act may be used for
the Director of the Office of Personnel Management to award a
contract, enter an extension of, or exercise an option on a
contract to a contractor conducting the final quality review
processes for background investigation fieldwork services or
background investigation support services that, as of the
date of the award of the contract, are being conducted by
that contractor.
Sec. 624. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
Sec. 625. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title
44, United States Code.
Sec. 626. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public
or remote computing service of the contents of a wire or
electronic communication that is in electronic storage with
the provider (as such terms are defined in sections 2510 and
2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the
United States.
Sec. 627. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission
for universal service high-cost support for competitive
eligible telecommunications carriers in a way that is
inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect
on July 15, 2015: Provided, That this section shall not
prohibit the Commission from considering, developing, or
adopting other support mechanisms as an alternative to
Mobility Fund Phase II.
Sec. 628. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to
the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978,
or to prevent or impede that Inspector General's access to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency
covered by this section shall provide its Inspector General
with access to all such records, documents, and other
materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the establishment
over which that Inspector General has responsibilities under
the Inspector General Act of 1978. Each Inspector General
covered by this section shall report to the Committees on
Appropriations of the House of Representatives and the Senate
within 5 calendar days any failures to comply with this
requirement.
Sec. 629. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication activities, or
other law enforcement- or victim assistance-related activity.
Sec. 630. Section 633(a) of title VI of division E of the
Consolidated Appropriations Act, 2017 (Public Law 115-31) is
amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
Sec. 631. None of the funds made available by this Act
shall be used by the Securities and Exchange Commission to
finalize, issue, or implement any rule, regulation, or order
regarding the disclosure of political contributions,
contributions to tax exempt organizations, or dues paid to
trade associations.
Sec. 632. (a) The United States courthouse located at 501
East Court Street in Jackson, Mississippi, shall be known and
designated as the ``Thad Cochran United States Courthouse''.
(b) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United
States courthouse referred to in subsection (a) shall be
deemed to be a reference to the ``Thad Cochran United States
Courthouse''.
[[Page H1838]]
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2018 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits
may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be
exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the
cost of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; or (4) is a person who owes allegiance to the
United States: Provided, That for purposes of this section,
affidavits signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and
(3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in
addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee
of the Government of the United States on the date of
enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13693
(March 19, 2015), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C
individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by
the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement,
[[Page H1839]]
or benefit, or any term or condition of employment of, any
other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing actions
with respect to such other officer or employee, by reason of
any communication or contact of such other officer or
employee with any Member, committee, or subcommittee of the
Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone or electronic mailing lists to any
person or any organization outside of the Federal Government
without the approval of the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal Service,
and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall
not exceed $15,000,000 to improve coordination, reduce
duplication, and for other activities related to Federal
Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations,
initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ``General
Services Administration, Government-wide Policy'' during
fiscal year 2018 shall remain available for obligation
through September 30, 2019: Provided further, That such
transfers or reimbursements may only be made after 15 days
following notification of the Committees on Appropriations of
the House of Representatives and the Senate by the Director
of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget shall provide a report describing the
budget of and resources connected with the National Science
and Technology Council to the Committees on Appropriations,
the House Committee on Science and Technology, and the Senate
Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall comply with any relevant requirements in part 200 of
title 2, Code of Federal Regulations: Provided, That this
section shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management
[[Page H1840]]
and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional
aircraft ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations
of the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 734. During fiscal year 2018, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to a candidate for election for Federal office
or to a political committee, or that is otherwise made with
respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'',
``election'', and ``Federal office'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal government,
including the President, the Vice President, a member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2018,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2018, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2018, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2018 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2018 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2017,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2017,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2017.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2018 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2017.
Sec. 738. (a) The Vice President may not receive a pay
raise in calendar year 2018, notwithstanding the rate
adjustment made under section 104 of title 3, United States
Code, or any other provision of law.
(b) An employee serving in an Executive Schedule position,
or in a position for which the rate of pay is fixed by
statute at an Executive Schedule rate, may not receive a pay
rate increase in calendar year 2018, notwithstanding schedule
adjustments made under section 5318 of title 5, United States
Code, or any other provision of law, except as provided in
subsection (g), (h), or (i). This subsection applies only to
employees who are holding a position under a political
appointment.
(c) A chief of mission or ambassador at large may not
receive a pay rate increase in calendar year 2018,
notwithstanding section 401 of the Foreign Service Act of
1980 (Public Law 96-465) or any other provision of law,
except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, a pay rate increase may not be received
in calendar year 2018 (except as provided in subsection (g),
(h), or (i)) by--
[[Page H1841]]
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the
Executive Schedule; or
(2) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above level IV
of the Executive Schedule.
(e) Any employee paid a rate of basic pay (including any
locality-based payments under section 5304 of title 5, United
States Code, or similar authority) at or above level IV of
the Executive Schedule who serves under a political
appointment may not receive a pay rate increase in calendar
year 2018, notwithstanding any other provision of law, except
as provided in subsection (g), (h), or (i). This subsection
does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, or to employees
appointed under section 3161 of title 5, United States Code,
or to employees in another pay system whose position would be
classified at GS-15 or below if chapter 51 of title 5, United
States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under
applicable law.
(g) A career appointee in the Senior Executive Service who
receives a Presidential appointment and who makes an election
to retain Senior Executive Service basic pay entitlements
under section 3392 of title 5, United States Code, is not
subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive
branch and who makes an election to retain Senior Foreign
Service pay entitlements under section 302(b) of the Foreign
Service Act of 1980 (Public Law 96-465) is not subject to
this section.
(i) Notwithstanding subsections (b) through (e), an
employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered
position with higher-level duties and a pre-established
higher level or range of pay, except that any such increase
must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position
during the period of time subject to this section, the
initial pay rate shall be based on the rates of pay and
applicable pay limitations in effect on December 31, 2013.
(k) If an employee affected by subsections (b) through (e)
is subject to a biweekly pay period that begins in calendar
year 2018 but ends in calendar year 2019, the bar on the
employee's receipt of pay rate increases shall apply through
the end of that pay period.
Sec. 739. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2018 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office
shall notify the Inspector General or senior ethics official
for any entity without an Inspector General, of the date,
location, and number of employees attending a conference held
by any Executive branch department, agency, board,
commission, or office funded by this or any other
appropriations Act during fiscal year 2018 for which the cost
to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012
or any subsequent revisions to that memorandum.
Sec. 740. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate,
or reduce funding for a program, project, or activity as
proposed in the President's budget request for a fiscal year
until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to
the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 741. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on
April 15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 742. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function
performed by Federal employees pursuant to Office of
Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 743. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity
that requires employees or contractors of such entity seeking
to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from
lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of
a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or
any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
Sec. 744. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or
Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector
General of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority,
or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by controlling Executive orders and
statutory provisions are incorporated into this agreement and
are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy
form or agreement that is to be executed by a person
connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or
officer of the United States Government, may contain
provisions appropriate to the particular activity for which
such document is to be used. Such form or agreement shall, at
a minimum, require that the person will not disclose any
classified information received in the course of such
activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be
implemented and enforced notwithstanding subsection (a) if it
complies with the requirements for such agreement that were
in effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into
during fiscal year 2014 which does not contain substantially
similar language to that required in subsection (a).
Sec. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
Sec. 746. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
[[Page H1842]]
Sec. 747. (a) During fiscal year 2018, on the date on which
a request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 748. If, for fiscal year 2018, new budget authority
provided in appropriations Acts exceeds the discretionary
spending limit for any category set forth in section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 due to estimating differences with the Congressional
Budget Office, an adjustment to the discretionary spending
limit in such category for fiscal year 2018 shall be made by
the Director of the Office of Management and Budget in the
amount of the excess but the total of all such adjustments
shall not exceed 0.2 percent of the sum of the adjusted
discretionary spending limits for all categories for that
fiscal year.
Sec. 749. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2018, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2018.
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this section, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical
Examiner who resides in the District of Columbia and is on
call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in
any location that has been determined by the local public
health or local law enforcement authorities to be
inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be
used to enact any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession,
use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2018 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating
budget for the District of Columbia Public Schools that
aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such
amounts, once transferred or reprogrammed, shall retain
appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital
projects.
Sec. 814. None of the Federal funds appropriated in this
Act shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
[[Page H1843]]
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2018
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2018 in this Act, shall
remain available through September 30, 2019, for each such
account for the purposes authorized: Provided, That a
request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section
803 of this Act.
Sec. 816. (a)(1) During fiscal year 2019, during a period
in which neither a District of Columbia continuing resolution
or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided
for any project or activity for which local funds are
provided in the Act referred to in paragraph (2) (subject to
any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is
in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2019 which
(subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual
budget for the District of Columbia government for fiscal
year 2019 for purposes of section 446 of the District of
Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2019 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2019.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2019 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2019 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2018''.
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and
for executive management for operations and support,
$139,602,000: Provided, That not to exceed $30,000 shall be
for official reception and representation expenses: Provided
further, That of the funds provided under this heading,
$2,000,000 shall be withheld from obligation until the
Secretary complies with section 107 of this Act.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for
operations and support, $710,297,000, of which $227,516,000
shall remain available until September 30, 2019: Provided,
That not to exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $29,569,000, to
remain available until September 30, 2019.
research and development
For necessary expenses of the Management Directorate for
research and development, $2,545,000, to remain available
until September 30, 2019.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and
Analysis and the Office of Operations Coordination for
operations and support, $245,905,000, of which $77,915,000
shall remain available until September 30, 2019: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses and not to exceed $2,000,000 is
available for facility needs associated with secure space at
fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General
for operations and support, $168,000,000: Provided, That not
to exceed $300,000 may be used for certain confidential
operational expenses, including the payment of informants, to
be expended at the direction of the Inspector General.
Administrative Provisions
Sec. 101. Hereafter, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time the
President's budget proposal is submitted pursuant to section
1105(a) of title 31, United States Code, the Future Years
Homeland Security Program, as authorized by section 874 of
the Homeland Security Act of 2002 (6 U.S.C. 454).
Sec. 102. Not later than 30 days after the last day of
each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a monthly budget and staffing report that includes total
obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and
activity levels, by the source year of the appropriation.
Sec. 103. (a) Notwithstanding section 518 of division F of
the Consolidated Appropriations Act, 2016 (Public Law 114-
113), the Secretary of Homeland Security shall submit a
report not later than October 15, 2018, to the Inspector
General of the Department of Homeland Security listing all
grants and contracts awarded by any means other than full and
open competition during fiscal years 2017 and 2018.
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with
applicable laws and regulations and report the results of
that review to the Committees on Appropriations of the Senate
and the House of Representatives not later than February 15,
2019.
Sec. 104. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes, which shall be specified in terms of
cost, schedule, and performance.
Sec. 105. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under section 9703(g)(4)(B) of title 31, United
States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency
within the Department of Homeland Security: Provided, That
none of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the
Senate and the House of Representatives are notified of the
proposed transfers.
Sec. 106. All official costs associated with the use of
Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available
for the Office of the Secretary.
Sec. 107. (a) Not later than 30 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, the Committees on
the Judiciary of the Senate and the House of Representatives,
the Committee on Homeland Security and Governmental Affairs
of the Senate, and the Committee on Homeland Security of the
House of Representatives, a report for fiscal year 2017 on
visa overstay data by country as required by section 1376 of
title 8, United States Code: Provided, That the report on
visa overstay data shall also include--
(1) overstays from all nonimmigrant visa categories under
the immigration laws, delineated by each of the classes and
sub-classes of such categories; and
(2) numbers as well as rates of overstays for each class
and sub-class of such nonimmigrant categories on a per-
country basis.
(b) The Secretary of Homeland Security shall publish on the
Department's website the metrics developed to measure the
effectiveness of security between the ports of entry,
including the methodology and data supporting the resulting
measures.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border
Protection for operations and support, including the
transportation of unaccompanied minor aliens; the provision
of air and marine support to Federal, State,
[[Page H1844]]
and local agencies in the enforcement or administration of
laws enforced by the Department of Homeland Security; at the
discretion of the Secretary of Homeland Security, the
provision of such support to Federal, State, and local
agencies in other law enforcement and emergency humanitarian
efforts; the purchase and lease of up to 7,500 (6,500 for
replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for
personal services abroad; $11,485,164,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust
Fund for administrative expenses related to the collection of
the Harbor Maintenance Fee pursuant to section 9505(c)(3) of
the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security
Act of 2002 (6 U.S.C. 551(e)(1)); of which $681,441,500 shall
be available until September 30, 2019; and of which such sums
as become available in the Customs User Fee Account, except
sums subject to section 13031(f)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account: Provided,
That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to
exceed $15,000,000 may be transferred to the Bureau of Indian
Affairs for the maintenance and repair of roads on Native
American reservations, as required by the Border Patrol:
Provided further, That not to exceed $150,000 shall be
available for payment for rental space in connection with
preclearance operations: Provided further, That not to
exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border
Protection for procurement, construction, and improvements,
including procurements to buy marine vessels, aircraft, and
unmanned aerial systems, $2,281,357,000, of which
$846,343,000 shall remain available until September 30, 2020,
and of which $1,435,014,000 shall remain available until
September 30, 2022.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the
purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; overseas vetted units; and
maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $6,993,975,000;
of which $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which
$33,700,000 shall remain available until September 30, 2019;
of which not less than $15,000,000 shall be available for
investigation of intellectual property rights violations,
including operation of the National Intellectual Property
Rights Coordination Center; of which not less than $9,000,000
shall be available for facilities repair and maintenance
projects; of which not less than $84,000,000 shall be
available for vehicle fleet recapitalization; and of which
not less than $4,110,337,000 shall be for enforcement,
detention, and removal operations, including transportation
of unaccompanied minor aliens: Provided, That not to exceed
$11,475 shall be for official reception and representation
expenses: Provided further, That not to exceed $10,000,000
shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act
of 1986 (19 U.S.C. 2081): Provided further, That not to
exceed $2,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security: Provided further,
That not to exceed $11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States: Provided
further, That of the amounts made available under this
heading, $5,000,000 shall be withheld from obligation until
the Secretary of Homeland Security submits to the Committees
on Appropriations of the Senate and the House of
Representatives the report required under section 212 of this
Act.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$81,899,000, to remain available until September 30, 2020; of
which not less than $29,000,000 shall be available for
facilities repair and maintenance projects.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,207,851,000, to
remain available until September 30, 2019: Provided, That
not to exceed $7,650 shall be for official reception and
representation expenses: Provided further, That security
service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation
as offsetting collections and shall be available only for
aviation security: Provided further, That the sum
appropriated under this heading from the general fund shall
be reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2018 so as to
result in a final fiscal year appropriation from the general
fund estimated at not more than $4,737,851,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and
improvements, $167,314,000, to remain available until
September 30, 2020.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $20,190,000, to
remain available until September 30, 2019.
Coast Guard
operating expenses
For necessary expenses for the operations and maintenance
of the Coast Guard, not otherwise provided for; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of not more than $700,000) and repairs and service-life
replacements, not to exceed a total of $31,000,000; purchase
or lease of boats necessary for overseas deployments and
activities; payments pursuant to section 156 of Public Law
97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation
and welfare; $7,373,313,000; of which $503,000,000 shall be
for defense-related activities, of which $163,000,000 is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and shall be available only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress; and of which
$24,500,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That not to exceed $23,000 shall be for official
reception and representation expenses: Provided further,
That $25,000,000 shall be withheld from obligation for Coast
Guard Headquarters Directorates until a future-years capital
investment plan for fiscal years 2019 through 2023 is
submitted to the Committees on Appropriations of the Senate
and the House of Representatives pursuant to section 220 of
this Act.
environmental compliance and restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,397,000, to
remain available until September 30, 2022.
reserve training
For necessary expenses of the Coast Guard Reserve;
operations and maintenance of the Coast Guard Reserve
Program; personnel and training costs; and equipment and
services; $114,875,000.
acquisition, construction, and improvements
For necessary expenses of the Coast Guard for acquisition,
construction, renovation, and improvement of aids to
navigation, shore facilities (including facilities at
Department of Defense installations used by the Coast Guard),
vessels, and aircraft, including equipment related thereto,
$2,694,745,000; of which $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which $2,573,000,000 shall be
available until September 30, 2022, of which $95,000,000
shall be immediately available and allotted to contract for
long lead time materials for the eleventh National Security
Cutter notwithstanding the availability of funds for
production or post-production costs.
research, development, test, and evaluation
For necessary expenses of the Coast Guard for research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; $29,141,000, to remain available until September
30, 2020, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to
and used for the purposes of this appropriation funds
received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, payment of continuation pay under section 356
of title 37, United States Code, concurrent receipts, combat-
related special compensation, and payments for medical care
of retired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,676,117,000, to remain
available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to
exceed 652
[[Page H1845]]
vehicles for police-type use for replacement only; hire of
passenger motor vehicles; purchase of motorcycles made in the
United States; hire of aircraft; rental of buildings in the
District of Columbia; fencing, lighting, guard booths, and
other facilities on private or other property not in
Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in
firearms matches; presentation of awards; conduct of
behavioral research in support of protective intelligence and
operations; payment in advance for commercial accommodations
as may be necessary to perform protective functions; and
payment, without regard to section 5702 of title 5, United
States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty
stations; $1,915,794,000; of which $39,692,000 shall remain
available until September 30, 2019, of which $6,000,000 shall
be for a grant for activities related to investigations of
missing and exploited children; and of which $9,866,000 shall
be for premium pay in excess of the annual equivalent of the
limitation on the rate of pay contained in section 5547(a) of
title 5, United States Code, pursuant to section 2 of the
Overtime Pay for Protective Services Act of 2016 (5 U.S.C.
5547 note), as amended by the Secret Service Recruitment and
Retention Act of 2018: Provided, That not to exceed $19,125
shall be for official reception and representation expenses:
Provided further, That not to exceed $100,000 shall be to
provide technical assistance and equipment to foreign law
enforcement organizations in counterfeit investigations.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $90,480,000,
to remain available until September 30, 2020.
research and development
For necessary expenses of the United States Secret Service
for research and development, $250,000, to remain available
until September 30, 2019.
Administrative Provisions
Sec. 201. (a) For fiscal year 2018, the overtime limitation
prescribed in section 5(c)(1) of the Act of February 13, 1911
(19 U.S.C. 267(c)(1)) shall be $45,000; and notwithstanding
any other provision of law, none of the funds appropriated by
this Act shall be available to compensate any employee of
U.S. Customs and Border Protection for overtime, from
whatever source, in an amount that exceeds such limitation,
except in individual cases determined by the Secretary of
Homeland Security, or the designee of the Secretary, to be
necessary for national security purposes, to prevent
excessive costs, or in cases of immigration emergencies.
(b) None of the funds made available by this Act for the
following accounts shall be available to compensate any
employee for overtime in an annual amount in excess of
$45,000:
(1) ``U.S. Immigration and Customs Enforcement--Operations
and Support'', except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive such
amount as necessary for national security purposes and in
cases of immigration emergencies.
(2) ``United States Secret Service--Operations and
Support'', except that the Secretary of Homeland Security, or
the designee of the Secretary, may waive such amount as
necessary for national security purposes.
Sec. 202. Funding made available under the heading ``U.S.
Customs and Border Protection--Operations and Support'' and
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' shall be available for
customs expenses when necessary to maintain operations and
prevent adverse personnel actions in Puerto Rico in addition
to funding provided by 48 U.S.C. 740.
Sec. 203. Hereafter, no U.S. Customs and Border Protection
aircraft or other related equipment, with the exception of
aircraft that are one of a kind and have been identified as
excess to U.S. Customs and Border Protection requirements and
aircraft that have been damaged beyond repair, shall be
transferred to any other Federal agency, department, or
office outside of the Department of Homeland Security without
prior notice to the Committees on Appropriations of the
Senate and the House of Representatives.
Sec. 204. As authorized by section 601(b) of the United
States-Colombia Trade Promotion Agreement Implementation Act
(Public Law 112-42), fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to
section 13031(a)(5) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 205. For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to
remain available until expended, to be reduced by amounts
collected and credited to this appropriation in fiscal year
2018 from amounts authorized to be collected by section
286(i) of the Immigration and Nationality Act (8 U.S.C.
1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-25), or other such authorizing language:
Provided, That to the extent that amounts realized from such
collections exceed $31,000,000, those amounts in excess of
$31,000,000 shall be credited to this appropriation, to
remain available until expended.
Sec. 206. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 207. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used
to approve a waiver of the navigation and vessel-inspection
laws pursuant to section 501(b) of title 46, United States
Code, for the transportation of crude oil distributed from
and to the Strategic Petroleum Reserve until the Secretary of
Homeland Security, after consultation with the Secretaries of
the Departments of Energy and Transportation and
representatives from the United States flag maritime
industry, takes adequate measures to ensure the use of United
States flag vessels: Provided, That the Secretary shall
notify the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives within 2 business days of any request for
waivers of navigation and vessel-inspection laws pursuant to
section 501(b) of title 46, United States Code, with respect
to such transportation, and the disposition of such requests.
Sec. 208. (a) Beginning on the date of enactment of this
Act, the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means
a fee that every pedestrian, cyclist, and driver and
passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern
border at a land port of entry.
Sec. 209. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may
reprogram within and transfer funds to ``U.S. Immigration and
Customs Enforcement--Operations and Support'' as necessary to
ensure the detention of aliens prioritized for removal.
Sec. 210. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue a delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 211. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue any contract for the
provision of detention services if the two most recent
overall performance evaluations received by the contracted
facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
Sec. 212. The Secretary of Homeland Security shall submit
a report to the Committees on Appropriations of the Senate
and the House of Representatives that (a) identifies any
instance during fiscal year 2017 or 2018 in which payments
have been made by U.S. Immigration and Customs Enforcement,
or employees of U.S. Immigration and Customs Enforcement have
erroneously entered into financial obligations, for
activities in violation of subpart D of part 550 of title 5,
Code of Federal Regulations; (b) includes specific actions
the Office of the Chief Financial Officer and the Office of
the Principal Legal Advisor will take to improve agency-wide
understanding of such subpart D; and (c) includes a
certification by the Director of U.S. Immigration and Customs
Enforcement that the Office of the Chief Financial Officer
and the Office of the Principal Legal Advisor have developed
a plan and implemented training necessary for strengthening
internal controls necessary to avoid violations of such
subpart D.
Sec. 213. (a) Notwithstanding any other provision of law,
for employees of U.S. Immigration and Customs Enforcement and
their dependents eligible for Payments During Evacuation in
accordance with title 5, Code of Federal Regulations, part
550, from August 23, 2017, through December 1, 2017, as a
result of Hurricanes Harvey, Irma, and Maria, the requirement
of section 550.405(b)(2) of such title to reduce subsistence
expenses to 60 percent of the applicable rate shall not
apply.
(b) The Secretary of Homeland Security may authorize
reimbursement for lodging, meals, and incidental expenses for
such employees and their dependents using the actual expense
method set forth in subpart D
[[Page H1846]]
of part 301-11 of title 41, Code of Federal Regulations,
subject to the cap of 300 percent of the applicable maximum
per diem rate, as provided in such section.
Sec. 214. Members of the United States House of
Representatives and the United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
Sec. 215. Any award by the Transportation Security
Administration to deploy explosives detection systems shall
be based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased
security concerns, high injury rates, airport readiness, and
increased cost effectiveness.
Sec. 216. Notwithstanding section 44923 of title 49,
United States Code, for fiscal year 2018, any funds in the
Aviation Security Capital Fund established by section
44923(h) of title 49, United States Code, may be used for the
procurement and installation of explosives detection systems
or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of
such title.
Sec. 217. None of the funds made available by this or any
other Act may be used by the Administrator of the
Transportation Security Administration to implement,
administer, or enforce, in abrogation of the responsibility
described in section 44903(n)(1) of title 49, United States
Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile
area of any airport at which the Transportation Security
Administration provided such monitoring as of December 1,
2013.
Sec. 218. None of the funds made available by this Act
under the heading ``Coast Guard--Operating Expenses'' shall
be for expenses incurred for recreational vessels under
section 12114 of title 46, United States Code, except to the
extent fees are collected from owners of yachts and credited
to the appropriation made available by this Act under the
heading ``Coast Guard--Operating Expenses'': Provided, That
to the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114,
and there is a backlog of recreational vessel applications,
personnel performing non-recreational vessel documentation
functions under subchapter II of chapter 121 of title 46,
United States Code, may perform documentation under section
12114.
Sec. 219. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
$10,000,000 may be reprogrammed to or from the Military Pay
and Allowances funding category within ``Coast Guard--
Operating Expenses'' in accordance with subsection (a) of
section 503 of this Act.
Sec. 220. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees
on Appropriations of the Senate and the House of
Representatives a future-years capital investment plan as
described in the second proviso under the heading ``Coast
Guard--Acquisition, Construction, and Improvements'' in the
Department of Homeland Security Appropriations Act, 2015
(Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such
heading.
Sec. 221. None of the funds in this Act shall be used to
reduce the Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 222. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 223. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 224. Funds made available for Overseas Contingency
Operations/Global War on Terrorism under the heading ``Coast
Guard--Operating Expenses'' may be allocated by program,
project, and activity, notwithstanding section 503 of this
Act.
Sec. 225. Section 423 of title 14, United States Code, is
amended by inserting after subsection (c) the following:
``(d) In addition to amounts computed pursuant to
subsections (a) through (c) of this section, a full TSP
member (as defined in section 8440e(a) of title 5) of the
Coast Guard is entitled to continuation pay pursuant to
section 356 of title 37.''.
Sec. 226. The United States Secret Service is authorized
to obligate funds in anticipation of reimbursements from
Federal agencies and entities, as defined in section 105 of
title 5, United States Code, for personnel receiving training
sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at
the end of the fiscal year.
Sec. 227. None of the funds made available to the United
States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of
Homeland Security: Provided, That the Director of the United
States Secret Service may enter into agreements to provide
such protection on a fully reimbursable basis.
Sec. 228. For purposes of section 503(a)(3) of this Act,
up to $15,000,000 may be reprogrammed within ``United States
Secret Service--Operations and Support''.
Sec. 229. Funding made available in this Act for ``United
States Secret Service--Operations and Support'' is available
for travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if the Director of the
United States Secret Service or a designee notifies the
Committees on Appropriations of the Senate and the House of
Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 230. (a) Of the amount made available in this Act
under ``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'', $1,571,000,000 shall be
available only as follows:
(1) $251,000,000 for approximately 14 miles of secondary
fencing, all of which provides for cross-barrier visual
situational awareness, along the southwest border in the San
Diego Sector;
(2) $445,000,000 for 25 miles of primary pedestrian levee
fencing along the southwest border in the Rio Grande Valley
Sector;
(3) $196,000,000 for primary pedestrian fencing along the
southwest border in the Rio Grande Valley Sector;
(4) $445,000,000 for replacement of existing primary
pedestrian fencing along the southwest border;
(5) $38,000,000 for border barrier planning and design; and
(6) $196,000,000 for acquisition and deployment of border
security technology.
(b) The amounts designated in subsection (a)(2) through
(a)(4) shall only be available for operationally effective
designs deployed as of the date of the Consolidated
Appropriations Act, 2017, (Public Law 115-31), such as
currently deployed steel bollard designs, that prioritize
agent safety.
(c) None of the funds provided in this or any other Act
shall be obligated for construction of a border barrier in
the Santa Ana National Wildlife Refuge.
Sec. 231. (a) Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a risk-based plan for improving security
along the borders of the United States, including the use of
personnel, fencing, other forms of tactical infrastructure,
and technology, to include--
(1) A statement of goals, objectives, activities, and
milestones for the plan.
(2) A detailed implementation schedule for the plan with
estimates for the planned obligation of funds for fiscal
years 2019 through 2027 that are linked to the milestone-
based delivery of specific--
(A) capabilities and services;
(B) mission benefits and outcomes;
(C) program management capabilities; and
(D) lifecycle cost estimates.
(3) A description of the manner in which specific projects
under the plan will enhance border security goals and
objectives and address the highest priority border security
needs.
(4) An identification of the planned locations, quantities,
and types of resources, such as fencing, other physical
barriers, or other tactical infrastructure and technology,
under the plan.
(5) A description of the methodology and analyses used to
select specific resources for deployment to particular
locations under the plan that includes--
(A) analyses of alternatives, including comparative costs
and benefits;
(B) an assessment of effects on communities and property
owners near areas of infrastructure deployment; and
(C) a description of other factors critical to the
decision-making process.
(6) An identification of staffing requirements under the
plan, including full-time equivalents, contractors, and
detailed personnel, by activity.
(7) A description of performance metrics for the plan for
assessing and reporting on the contributions of border
security capabilities realized from current and future
investments.
(8) A description of the status of the actions of the
Department of Homeland Security to address open
recommendations by the Office of Inspector General and the
Government Accountability Office relating to border security,
including plans, schedules, and associated milestones for
fully addressing such recommendations.
(9) A plan to consult State and local elected officials on
the eminent domain and construction process relating to
physical barriers;
(10) An analysis, following consultation with the Secretary
of the Interior and the Administrator of the Environmental
Protection Agency, of the environmental impacts, including on
wildlife, of the construction and
[[Page H1847]]
placement of physical barriers planned along the Southwest
border, including in the Santa Ana National Wildlife Refuge;
and
(11) Certifications by the Under Secretary of Homeland
Security for Management, that--
(A) the plan has been reviewed and approved in accordance
with an acquisition review management process that complies
with capital planning and investment control and review
requirements established by the Office of Management and
Budget, including as provided in Circular A-11, part 7; and
(B) all activities under the plan comply with Federal
acquisition rules, requirements, guidelines, and practices.
(b) The Secretary shall concurrently submit the plan
required in subsection (a) to the Comptroller General of the
United States, who shall evaluate the plan and report to the
Committees on Appropriations of the Senate and the House of
Representatives on the strengths and weaknesses of such plan
not later than 120 days after receiving such plan.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
operations and support
For necessary expenses of the National Protection and
Programs Directorate for operations and support,
$1,482,165,000, of which $8,912,000 shall remain available
until September 30, 2019: Provided, That not to exceed
$3,825 shall be for official reception and representation
expenses.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service.
procurement, construction, and improvements
For necessary expenses of the National Protection and
Programs Directorate for procurement, construction, and
improvements, $414,111,000, to remain available until
September 30, 2019.
research and development
For necessary expenses of the National Protection and
Programs Directorate for research and development,
$15,126,000, to remain available until September 30, 2019.
Office of Health Affairs
operations and support
For necessary expenses of the Office of Health Affairs for
operations and support, $121,569,000, of which $14,020,000
shall remain available until September 30, 2019.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,030,135,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$85,276,000, to remain available until September 30, 2019.
federal assistance
For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $3,293,932,000, which shall
be allocated as follows:
(1) $507,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 605), of which $85,000,000 shall be for
Operation Stonegarden, and $10,000,000 shall be for
organizations (as described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under such
501(a) of such code) determined by the Secretary of Homeland
Security to be at high risk of a terrorist attack: Provided,
That notwithstanding subsection (c)(4) of such section 2004,
for fiscal year 2018, the Commonwealth of Puerto Rico shall
make available to local and tribal governments amounts
provided to the Commonwealth of Puerto Rico under this
paragraph in accordance with subsection (c)(1) of such
section 2004.
(2) $630,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $50,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
code) determined by the Secretary of Homeland Security to be
at high risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road
Bus Security Assistance under sections 1406, 1513, and 1532
of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which
$10,000,000 shall be for Amtrak security and $2,000,000 shall
be for Over-the-Road Bus Security: Provided, That such
public transportation security assistance shall be provided
directly to public transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(5) $700,000,000, to remain available until September 30,
2019, of which $350,000,000 shall be for Assistance to
Firefighter Grants and $350,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $350,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762
of title 6, United States Code, and Reorganization Plan No. 3
of 1978 (5 U.S.C. App.).
(7) $249,200,000 for the National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133), to
remain available until expended.
(8) $262,531,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement
any other sums appropriated under the National Flood
Insurance Fund, and such additional sums as may be provided
by States or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain
available until expended.
(9) $120,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(10) $275,201,000 to sustain current operations for
training, exercises, technical assistance, and other
programs.
disaster relief fund
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $7,900,720,000, to remain available
until expended, of which $7,366,000,000 shall be for major
disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) and is designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters
Flood Insurance Reform Act of 2012 (Public Law 112-141, 126
Stat. 916), and the Homeowner Flood Insurance Affordability
Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$203,500,000, to remain available until September 30, 2019,
which shall be derived from offsetting amounts collected
under section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)); of which $13,573,000 shall be
available for mission support associated with flood
management; and of which $189,927,000 shall be available for
flood plain management and flood mapping: Provided, That any
additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d))
shall be credited as offsetting collections to this account,
to be available for flood plain management and flood mapping:
Provided further, That in fiscal year 2018, no funds shall
be available from the National Flood Insurance Fund under
section 1310 of the National Flood Insurance Act of 1968 (42
U.S.C. 4017) in excess of--
(1) $165,224,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood
mitigation assistance under section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c),
notwithstanding sections 1366(e) and 1310(a)(7) of such Act
(42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(e) of the National Flood Insurance
Act of 1968 shall be deposited in the National Flood
Insurance Fund to supplement other amounts specified as
available for section 1366 of the National Flood Insurance
Act of 1968, notwithstanding section 102(f)(8), section
1366(e), and paragraphs (1) through (3) of section 1367(b) of
such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):
Provided further, That total administrative costs shall not
exceed 4 percent of the total appropriation: Provided
further, That up to $5,000,000 is available to carry out
section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
Sec. 301. Notwithstanding section 2008(a)(12) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any
other provision of law, not more than 5 percent of the amount
of a grant made available in paragraphs (1) through (4) under
``Federal Emergency Management Agency--Federal Assistance'',
may be used by the grantee for expenses directly related to
administration of the grant.
Sec. 302. Applications for grants under the heading
``Federal Emergency Management
[[Page H1848]]
Agency--Federal Assistance'', for paragraphs (1) through (4),
shall be made available to eligible applicants not later than
60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the
Federal Emergency Management Agency shall act within 65 days
after the receipt of an application.
Sec. 303. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
through (4), the Administrator of the Federal Emergency
Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives
5 full business days in advance of announcing publicly the
intention of making an award.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
and (2), the installation of communications towers is not
considered construction of a building or other physical
facility.
Sec. 305. Notwithstanding any other provision of law,
grants awarded to States along the Southwest Border of the
United States under sections 2003 or 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 604 and 605) using funds
provided under the heading ``Federal Emergency Management
Agency--Federal Assistance'' for grants under paragraph (1)
in this Act, or under the heading ``Federal Emergency
Management Agency--State and Local Programs'' in Public Law
114-4, division F of Public Law 113-76, or division D of
Public Law 113-6 may be used by recipients or sub-recipients
for costs, or reimbursement of costs, related to providing
humanitarian relief to unaccompanied alien children and alien
adults accompanied by an alien minor where they are
encountered after entering the United States, provided that
such costs were incurred between January 1, 2014, and
December 31, 2014, or during the award period of performance.
Sec. 306. The reporting requirements in paragraphs (1) and
(2) under the heading ``Federal Emergency Management Agency--
Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4) shall be applied
in fiscal year 2018 with respect to budget year 2019 and
current fiscal year 2018, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2019''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 307. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
(c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a).
Sec. 308. The aggregate charges assessed during fiscal
year 2018, as authorized in title III of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 (42 U.S.C.
5196e), shall not be less than 100 percent of the amounts
anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program
for the next fiscal year: Provided, That the methodology for
assessment and collection of fees shall be fair and equitable
and shall reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting
collections and will become available for authorized purposes
on October 1, 2018, and remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support of the E-Verify Program,
$108,856,000.
procurement, construction, and improvements
For necessary expenses of U.S. Citizenship and Immigration
Services for procurement, construction, and improvements of
the E-Verify Program, $22,657,000, to remain available until
September 30, 2020.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the
purchase of not to exceed 117 vehicles for police-type use
and hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code,
$254,000,000, of which $62,701,000 shall remain available
until September 30, 2019: Provided, That not to exceed
$7,180 shall be for official reception and representation
expenses.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology
Directorate for operations and support, including the
purchase or lease of not to exceed 5 vehicles, $331,113,000,
of which $196,361,000 shall remain available until September
30, 2019: Provided, That not to exceed $7,650 shall be for
official reception and representation expenses.
research and development
For necessary expenses of the Science and Technology
Directorate for research and development, $509,830,000, to
remain available until September 30, 2020.
Domestic Nuclear Detection Office
operations and support
For necessary expenses of the Domestic Nuclear Detection
Office for operations and support, $54,664,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Domestic Nuclear Detection
Office for procurement, construction, and improvements,
$89,096,000, to remain available until September 30, 2020.
research and development
For necessary expenses of the Domestic Nuclear Detection
Office for research and development, $145,661,000, to remain
available until September 30, 2020.
federal assistance
For necessary expenses of the Domestic Nuclear Detection
Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $46,019,000, to
remain available until September 30, 2020.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law,
funds otherwise made available to U.S. Citizenship and
Immigration Services may be used to acquire, operate, equip,
and dispose of up to 5 vehicles, for replacement only, for
areas where the Administrator of General Services does not
provide vehicles for lease: Provided, That the Director of
U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and
places of employment.
Sec. 402. None of the funds made available in this Act may
be used by U.S. Citizenship and Immigration Services to grant
an immigration benefit unless the results of background
checks required by law to be completed prior to the granting
of the benefit have been received by U.S. Citizenship and
Immigration Services, and the results do not preclude the
granting of the benefit.
Sec. 403. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of U.S. Citizenship and Immigration Services of the
Department of Homeland Security who are known as Immigration
Information Officers, Immigration Service Analysts, Contact
Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 404. (a) Notwithstanding section 1356(n) of title 8,
United States Code, of the funds deposited into the
Immigration Examinations Fee Account, up to $10,000,000 may
be allocated by U.S. Citizenship and Immigration Services in
fiscal year 2018 for the purpose of providing an Immigrant
Integration grants program.
(b) None of the funds made available to U.S. Citizenship
and Immigration Services for grants for immigrant integration
under subsection (a) may be used to provide services to
aliens who have not been lawfully admitted for permanent
residence.
Sec. 405. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal
law enforcement agencies for expenses incurred participating
in training accreditation.
Sec. 406. The Federal Law Enforcement Training
Accreditation Board, including representatives from the
Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation
process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
Sec. 407. (a) There is to be established a ``Federal Law
Enforcement Training Centers--Procurement, Construction, and
Improvements'' appropriations account for planning,
operational development, engineering, and purchases prior to
sustainment and for information technology-related
procurement, construction, and improvements, including non-
tangible assets of the Federal Law Enforcement Training
Centers.
(b) The Director of the Federal Law Enforcement Training
Centers may accept transfers to the account established by
subsection (a) from Government agencies requesting the
construction of special use facilities, as authorized by the
Economy Act (31 U.S.C. 1535(b)): Provided, That the Federal
Law Enforcement Training Centers maintain administrative
control and ownership upon completion of such facilities.
Sec. 408. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
[[Page H1849]]
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the components in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2018, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or
activity proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2018 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever
is less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the
Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 15 days in advance of such
reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland
Security by this Act or provided by previous appropriations
Acts may be transferred between such appropriations if the
Committees on Appropriations of the Senate and the House of
Representatives are notified at least 30 days in advance of
such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds
shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided
after June 30, except in extraordinary circumstances that
imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department
of Homeland Security Appropriations Acts.
(f) Notwithstanding subsection (c), the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 5 days in advance of such transfer.
Sec. 504. Section 504 of the Department of Homeland
Security Appropriations Act, 2017 (division F of Public Law
115-31), related to the operations of a working capital fund,
shall apply with respect to funds made available in this Act
in the same manner as such section applied to funds made
available in that Act.
Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2018, as
recorded in the financial records at the time of a
reprogramming notification, but not later than June 30, 2019,
from appropriations for ``Operations and Support'' and for
``Coast Guard--Operating Expenses'', and salaries and
expenses for ``Coast Guard--Acquisition, Construction, and
Improvements'' and ``Coast Guard--Reserve Training'' for
fiscal year 2018 in this Act shall remain available through
September 30, 2019, in the account and for the purposes for
which the appropriations were provided: Provided, That prior
to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the Senate
and the House of Representatives in accordance with section
503 of this Act.
Sec. 506. Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2018 until the enactment of an Act authorizing
intelligence activities for fiscal year 2018.
Sec. 507. (a) The Secretary of Homeland Security, or the
designee of the Secretary, shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 3 full business days in advance of--
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or
to issue a letter of intent totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000
from multi-year Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award
items under paragraph (1), (2), or (3), including a contract
covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees
on Appropriations of the Senate and the House of
Representatives not later than 5 full business days after
such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without advance notification to the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same
manner as such sections applied to funds made available in
that Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act: Provided, That for purposes of the
preceding sentence, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position
designated as a Principal Federal Official, shall apply with
respect to funds made available in this Act in the same
manner as such section applied to funds made available in
that Act.
Sec. 514. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452)
unless explicitly authorized by the Congress.
Sec. 515. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 516. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of
the Senate and the House of Representatives may not delegate
such authority to perform that act unless specifically
authorized herein.
Sec. 517. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 518. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 519. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 520. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet
the basic requirements of a contract.
Sec. 521. Hereafter, in developing any process to screen
aviation passengers and crews for transportation or national
security purposes, the Secretary of Homeland Security shall
ensure that all such processes take into consideration such
passengers' and crews'
[[Page H1850]]
privacy and civil liberties consistent with applicable laws,
regulations, and guidance.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of
Homeland Security to enter into any Federal contract unless
such contract is entered into in accordance with the
requirements of subtitle I of title 41, United States Code,
or chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 523. (a) For an additional amount for financial
systems modernization, $41,800,000, to remain available until
September 30, 2019.
(b) Funds made available in subsection (a) for financial
systems modernization may be transferred by the Secretary of
Homeland Security between appropriations for the same
purpose, notwithstanding section 503 of this Act.
(c) No transfer described in subsection (b) shall occur
until 15 days after the Committees on Appropriations of the
Senate and the House of Representatives are notified of such
transfer.
Sec. 524. (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. 525. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate
the transfer of an operable firearm to an individual if the
Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel unless law
enforcement personnel of the United States continuously
monitor or control the firearm at all times.
Sec. 526. None of the funds made available in this Act may
be used to pay for the travel to or attendance of more than
50 employees of a single component of the Department of
Homeland Security, who are stationed in the United States, at
a single international conference unless the Secretary of
Homeland Security, or a designee, determines that such
attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination
and the basis for that determination: Provided, That for
purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided
further, That the total cost to the Department of Homeland
Security of any such conference shall not exceed $500,000.
Sec. 527. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 528. None of the funds made available to the
Department of Homeland Security by this or any other Act may
be obligated for any structural pay reform that affects more
than 100 full-time positions or costs more than $5,000,000 in
a single year before the end of the 30-day period beginning
on the date on which the Secretary of Homeland Security
submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 529. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Committees on Appropriations of the Senate
and the House of Representatives in this Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
Committees on Appropriations of the Senate and the House of
Representatives for not less than 45 days except as otherwise
specified in law.
Sec. 530. (a) Funding provided in this Act for ``Operations
and Support'' and funding provided in this Act for ``Coast
Guard--Operating Expenses'' may be used for minor
procurement, construction, and improvements.
(b) For purposes of subsection (a), ``minor'' refers to end
items with a unit cost of $250,000 or less for personal
property, and $2,000,000 or less for real property.
Sec. 531. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 532. For fiscal year 2018, the Secretary of Homeland
Security may provide, out of discretionary funds available to
the Department of Homeland Security, for the primary and
secondary schooling of dependents of Department of Homeland
Security personnel who are stationed outside the continental
United States and for the transportation of such dependents
in the same manner and to the same extent that, pursuant to
section 544 of title 14, United States Code, the Secretary
may provide, out of funds appropriated to or for the use of
the Coast Guard, for the primary and secondary schooling of,
and the transportation of, dependents of Coast Guard
personnel stationed outside the continental United States:
Provided, That no amounts may be provided from amounts that
were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement pursuant to a concurrent resolution on the budget
or section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That no
amounts may be provided from amounts that were designated by
the Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 533. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2019 that
assumes revenues or proposes a reduction from the previous
year based on user fees proposals that have not been enacted
into law prior to the submission of the budget, the Secretary
of Homeland Security shall provide the Committees on
Appropriations of the Senate and the House of Representatives
specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such
proposals in the event that they are not enacted prior to
October 1, 2018.
Sec. 534. (a) For an additional amount for ``Federal
Emergency Management Agency--Federal Assistance'',
$41,000,000, to remain available until September 30, 2019,
exclusively for providing reimbursement of extraordinary law
enforcement personnel costs for protection activities
directly and demonstrably associated with any residence of
the President that is designated or identified to be secured
by the United States Secret Service.
(b) Funds under subsection (a) shall be available only for
costs that a State or local agency--
(1) incurs on or after October 1, 2017, and before October
1, 2018;
(2) can demonstrate to the Administrator as being--
(A) in excess of the costs of normal and typical law
enforcement operations;
(B) directly attributable to the provision of protection
described herein; and
(C) associated with a non-governmental property designated
or identified to be secured by the United States Secret
Service pursuant to section 3 or section 4 of the
Presidential Protection Assistance Act of 1976 (Public Law
94-524); and
(3) certifies to the Administrator as being for protection
activities requested by the Director of the United States
Secret Service.
(c) For purposes of subsection (a), a designation or
identification of a property to be secured under subsection
(b)(2)(C) made after incurring otherwise eligible costs shall
apply retroactively to October 1, 2017.
(d) The Administrator may establish written criteria
consistent with subsections (a) and (b).
(e) None of the funds provided shall be for hiring new or
additional personnel.
(f) The Inspector General of the Department of Homeland
Security shall audit reimbursements made under this section.
Sec. 535. (a) The Secretary of Homeland Security may
include in the President's budget proposal for Coast Guard
for fiscal year 2019, submitted pursuant to section 1105(a)
of title 31, United States Code, and accompanying
justification materials, an account structure established by
section 563 of Division F of the Consolidated Appropriations
Act, 2016 (Public Law 114-113).
(b) Not earlier than October 1, 2018, the accounts
designated under subsection (a) may be established, and the
Secretary of Homeland Security may execute appropriations of
the Department as provided pursuant to such subsection,
including any continuing appropriations made available for
fiscal year 2019 before enactment of a regular appropriations
Act.
(c) Notwithstanding any other provision of law, the
Secretary of Homeland Security may transfer any appropriation
made available to the Department of Homeland Security by any
appropriations Acts to the accounts created pursuant to
subsection (b) to carry out the requirements of such
subsection, and shall notify the Committees on Appropriations
of the Senate and the House of Representatives within 5 days
of each transfer.
(d)(1) Not later than November 1, 2018, the Secretary of
Homeland Security shall establish the preliminary baseline
for application of reprogramming and transfer authorities and
submit the report specified in paragraph (2) to the
Committees on Appropriations of the Senate and the House of
Representatives.
(2) The report required in this subsection shall include--
(A) a delineation of the amount and account of each
transfer made pursuant to subsection (b) or (c);
(B) a table for each appropriation with a separate column
to display the President's budget proposal, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, adjustments made pursuant to the transfer
authority in subsection (b) or (c), and the fiscal year
level;
[[Page H1851]]
(C) a delineation in the table for each appropriation,
adjusted as described in paragraph (2), both by budget
activity and program, project, and activity as detailed in
the Budget Appendix; and
(D) an identification of funds directed for a specific
activity.
(e) The Secretary shall not exercise the authority provided
in subsections (b), (c), and (d) unless, not later than June
1, 2018, the Chief Financial Officer has submitted to the
Committees on Appropriations of the Senate and the House of
Representatives--
(1) technical assistance on new legislative language in the
account structure under subsection (a); and
(2) comparison tables of fiscal years 2017, 2018, and 2019
in the account structure under subsection (a).
Sec. 536. (a) None of the funds appropriated by this or
previous appropriations Acts or otherwise made available to
the Department of Homeland Security may be used to establish
accounts in the Treasury of the United States for the
Countering Weapons of Mass Destruction Office or the
Cybersecurity and Infrastructure Security Agency until
Congress has enacted a law that specifically authorizes such
Office or Agency and such authorization identifies the
functions that are authorized to be transferred to such
Office or Agency.
(b) Subject to the limitation in subsection (a), if
Congress enacts a law on or after the date of enactment of
this Act that specifically authorizes the Countering Weapons
of Mass Destruction Office or the Cybersecurity and
Infrastructure Security Agency and such authorization
identifies the functions that are authorized to be
transferred to such Office or Agency, the Secretary of
Homeland Security may--
(1) not earlier than October 1, 2018, establish accounts in
the Treasury of the United States necessary to carry out the
functions of the Office or Agency as authorized;
(2) execute appropriations of the Department of Homeland
Security as provided in subparagraph (1), including any
continuing appropriations made available for fiscal year
2019, before enactment of a regular appropriations Act; and
(3) transfer any funds made available to the Department of
Homeland Security by any appropriations Acts to the accounts
created in subparagraph (1) for functions that are authorized
to be transferred to such Office or Agency and to be used for
the purpose of executing authorization of such Office or
Agency.
(c) The authority provided in subsection (b)(3) shall only
be available if the Secretary has notified the Committees on
Appropriations of the Senate and the House of Representatives
at least 15 days in advance of each such transfer.
Sec. 537. Section 404 of the Coast Guard Authorization Act
of 2010 (Public Law 111-281; 124 Stat. 2950), as amended,
shall be applied in subsection (b) by substituting
``September 30, 2018'' for ``September 30, 2017''.
Sec. 538. (a) Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) shall be applied--
(1) In subsection (a), by substituting ``September 30,
2018,'' for ``September 30, 2017,''; and
(2) In subsection (c)(1), by substituting ``September 30,
2018,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority
of section 831 of the Homeland Security Act of 2002 (6 U.S.C.
391(a)), may carry out prototype projects under section 2371b
of title 10, United States Code, and the Secretary shall
perform the functions of the Secretary of Defense as
prescribed.
(c) The Secretary of Homeland Security under section 831 of
the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use
the definition of nontraditional government contractor as
defined in section 2371b(e) of title 10, United States Code.
(rescissions)
Sec. 539. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985 (Public Law 99-177):
(1) $44,557,000 from Public Law 115-31 under the heading
``Transportation Security Administration--Operations and
Support'';
(2) $1,785,697 from Public Law 108-334 under the heading
``Coast Guard--Alteration of Bridges'';
(3) $1,920,100 from Public Law 109-90 under the heading
``Coast Guard--Alteration of Bridges'';
(4) $1,791,454 from Public Law 109-295 under the heading
``Coast Guard--Alteration of Bridges'';
(5) $3,221,594 from Public Law 110-161 under the heading
``Coast Guard--Alteration of Bridges'';
(6) $3,680,885 from Public Law 111-83 under the heading
``Coast Guard--Alteration of Bridges'';
(7) $25,000,000 from Public Law 114-113 under the heading
``Coast Guard--Acquisition, Construction, and Improvements'';
(8) $2,000,000 from Public Law 114-113 under the heading
``Science and Technology--Research, Development, Acquisition,
and Operations'';
(9) $2,000,000 from Public Law 115-31 under the heading
``Science and Technology Directorate--Operations and
Support'' account 70 17/18 0800;
(10) $6,000,000 from Public Law 115-31 under the heading
``Science and Technology Directorate--Research and
Development''; and
(11) $4,307,000 from Public Law 115-31 under the heading
``Intelligence, Analysis, and Operations Coordination--
Operations and Support''.
(rescissions)
Sec. 540. Of the funds transferred to the Department of
Homeland Security when it was created in 2003, the following
funds are hereby rescinded from the following accounts and
programs in the specified amounts:
(1) $66,024 from ``Coast Guard--Acquisition, Construction,
and Improvements'' account 70x0613;
(2) $2,400 from ``Transportation Security Administration--
Salaries and Expenses'' account 70x0508; and
(3) $31,948 from ``U.S. Customs and Border Protection''
account 70x0503.
(rescissions)
Sec. 541. The following unobligated balances made
available to the Department of Homeland Security pursuant to
section 505 of the Department of Homeland Security
Appropriations Act, 2017 (Public Law 115-31) are rescinded:
(1) $2,941,804 from ``U.S. Customs and Border Protection--
Operations and Support'';
(2) $24,337,865 from ``Coast Guard--Operating Expenses'';
(3) $260,584 from ``Coast Guard--Reserve Training'';
(4) $308,974 from ``Coast Guard--Acquisition, Construction,
and Improvements'';
(5) $106,894 from ``Federal Emergency Management Agency--
Operations and Support''; and
(6) $23,938 from ``Office of Health Affairs--Operations and
Support''.
(rescission)
Sec. 542. From the unobligated balances available in the
Department of the Treasury Forfeiture Fund established by
section 9703 of title 31, United States Code (added by
section 638 of Public Law 102-393), $364,162,000 shall be
permanently rescinded not later than September 30, 2018.
Sec. 543. Notwithstanding section 5170c(b)(2)(B)(ii) of
title 42, United States Code, the Administrator of the
Federal Emergency Management Agency shall allow flood
protection systems constructed in 2016 on property acquired
with hazard mitigation assistance provided under section
5170c of title 42, United States Code, in an inadvertent
violation of the terms and conditions of such assistance to
remain in place on such property: Provided, That no new or
additional structure may be erected on the property unless
the new or additional structure complies with section
5170c(b)(2)(B)(ii) of title 42, United States Code: Provided
further, That this provision does not otherwise excuse
compliance with all other applicable laws including statutes,
executive orders, regulations, and program and grant legal
requirements pertaining to the floodwall structure or the
acquired property.
Sec. 544. Section 545 of title V of division F of the
Consolidated Appropriations Act, 2017, as added by section
20607 of title VI of subdivision 1 of division B of the
Bipartisan Budget Act of 2018, is amended to read as follows:
``Sec. 545. (a) Premium Pay Authority.--During calendar
year 2017, any premium pay that is funded, either directly or
through reimbursement, by the `Federal Emergency Management
Agency--Disaster Relief Fund' shall be exempted from the
aggregate of basic pay and premium pay calculated under
section 5547(a) of title 5, United States Code, and any other
provision of law limiting the aggregate amount of premium pay
payable on a biweekly or calendar year basis.
``(b) Overtime Authority.--During calendar year 2017, any
overtime pay that is funded, either directly or through
reimbursement, by the `Federal Emergency Management Agency--
Disaster Relief Fund' and that is payable under an authority
outside of title 5, United States Code, shall be exempted
from any annual limit on the amount of overtime pay payable
in a calendar or fiscal year.
``(c) Applicability of Aggregate Limitation on Pay.--In
determining whether an employee's aggregate pay exceeds the
applicable annual rate of basic pay payable under section
5307 of title 5, United States Code, the head of an Executive
agency shall not include pay exempted under this section.
``(d) Limitation of Pay Authority.--
``(1) Pay exempted from otherwise applicable limits under
subsection (a) or (b) shall not cause the aggregate of basic
pay and premium pay for the applicable calendar year to
exceed the rate of basic pay payable for a position at level
II of the Executive Schedule under section 5313 of title 5,
United States Code, as in effect at the end of such calendar
year.
``(2) For purposes of applying this subsection to an
employee who would otherwise be subject to the premium pay
limits established under section 5547 of title 5, United
States Code, `premium pay' means the premium pay paid under
the provisions of law cited in section 5547(a).
``(3) For purposes of applying this subsection to an
employee under a premium pay limit established under an
authority other than section 5547 of title 5, United States
Code, the agency responsible for administering such limit
shall determine what payments are considered premium pay.
[[Page H1852]]
``(e) Effective Date.--This section shall take effect as if
enacted on December 31, 2016.
``(f) Treatment of Additional Pay.--If application of this
section results in the payment of additional premium pay to a
covered employee of a type that is normally creditable as
basic pay for retirement or any other purpose, that
additional pay shall not--
``(1) be considered to be basic pay of the covered employee
for any purpose; or
``(2) be used in computing a lump-sum payment to the
covered employee for accumulated and accrued annual leave
under section 5551 or section 5552 of title 5, United States
Code.''.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2018''.
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,183,043,000, to remain available until expended,
including all such amounts as are collected from permit
processing fees, as authorized but made subject to future
appropriation by section 35(d)(3)(A)(i) of the Mineral
Leasing Act (30 U.S.C. 191), except that amounts from permit
processing fees may be used for any bureau-related expenses
associated with the processing of oil and gas applications
for permits to drill and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year
2018, so as to result in a final appropriation estimated at
not more than $1,183,043,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $24,916,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $106,985,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.),
and under section 28 of the Mineral Leasing Act (30 U.S.C.
185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of
making conveyances of omitted lands under section 211(b) of
that Act (43 U.S.C. 1721(b)), to remain available until
expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements
with public and private entities, including with States.
Appropriations for the Bureau shall be available for
purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary
buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law
90-620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with
jointly produced publications for which the cooperators share
the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting
accepted quality standards: Provided further, That projects
to be funded pursuant to a written commitment by a State
government to provide an identified amount of money in
support of the project may be carried out by the Bureau on a
reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its
contractors or for the sale of wild horses and burros that
results in their destruction for processing into commercial
products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,279,002,000, to remain available until
September 30, 2019: Provided, That not to exceed $18,818,000
shall be used for implementing subsections (a), (b), (c), and
(e) of section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533) (except for processing petitions, developing and
issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)).
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fish and wildlife resources, and the acquisition of lands and
interests therein; $66,540,000, to remain available until
expended.
land acquisition
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
United States Fish and Wildlife Service, $63,839,000, to be
derived from the Land and Water Conservation Fund and to
remain available until expended, of which, notwithstanding
section 200306 of title 54, United States Code, not more than
$10,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004,
including not to exceed $320,000 for administrative expenses:
Provided, That none of the funds appropriated for specific
land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973
[[Page H1853]]
(16 U.S.C. 1535), $53,495,000, to remain available until
expended, of which $33,857,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of
which $19,638,000 is to be derived from the Land and Water
Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $40,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.),
$3,910,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $11,061,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination
Act, for the development and implementation of programs for
the benefit of wildlife and their habitat, including species
that are not hunted or fished, $63,571,000, to remain
available until expended: Provided, That of the amount
provided herein, $4,209,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$6,362,000 is for a competitive grant program to implement
approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the
regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
$10,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That any amount
apportioned in 2018 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2019, shall be reapportioned, together with funds
appropriated in 2020, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations
and funds available to the United States Fish and Wildlife
Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land
at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United
States has title, and which are used pursuant to law in
connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding 31
U.S.C. 3302, all fees collected for non-toxic shot review and
approval shall be deposited under the heading ``United States
Fish and Wildlife Service--Resource Management'' and shall be
available to the Secretary, without further appropriation, to
be used for expenses of processing of such non-toxic shot
type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of
the National Park Service, $2,477,969,000, of which
$10,032,000 for planning and interagency coordination in
support of Everglades restoration and $134,461,000 for
maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30,
2019: Provided, That funds appropriated under this heading
in this Act are available for the purposes of section 5 of
Public Law 95-348.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise
provided for, $63,638,000.
historic preservation fund
For expenses necessary in carrying out the National
Historic Preservation Act (division A of subtitle III of
title 54, United States Code), $96,910,000, to be derived
from the Historic Preservation Fund and to remain available
until September 30, 2019, of which $13,000,000 shall be for
Save America's Treasures grants for preservation of national
significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of
2009 (54 U.S.C. 3089): Provided, That an individual Save
America's Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only
be eligible for one grant: Provided further, That all
projects to be funded shall be approved by the Secretary of
the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the
funds provided for the Historic Preservation Fund, $500,000
is for competitive grants for the survey and nomination of
properties to the National Register of Historic Places and as
National Historic Landmarks associated with communities
currently under-represented, as determined by the Secretary,
$13,000,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement, $5,000,000 is for
grants to Historically Black Colleges and Universities, and
$5,000,000 is for competitive grants for the restoration of
historic properties of national, State and local significance
listed on or eligible for inclusion on the National Register
of Historic Places, to be made without imposing the usage or
direct grant restrictions of section 101(e)(3) (54 U.S.C.
302904) of the National Historical Preservation Act:
Provided further, That such competitive grants shall be made
without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code, to States and
Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including
Certified Local Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and compliance and planning for programs
and areas administered by the National Park Service,
$359,704,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2018 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park
Concessions Franchise Fees, and Recreation Fees may be made
available for the cost of adjustments and changes within the
original scope of effort for projects funded by the National
Park Service Construction appropriation: Provided further,
That the Secretary of the Interior shall consult with the
Committees on Appropriations, in accordance with current
reprogramming thresholds, prior to making any charges
authorized by this section.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of lands or waters, or interest therein,
in accordance with the statutory authority applicable to the
National Park Service, $180,941,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $124,006,000 is for the State
assistance program and of which $10,000,000 shall be for the
American Battlefield Protection Program grants as authorized
by chapter 3081 of title 54, United States Code.
[[Page H1854]]
centennial challenge
For expenses necessary to carry out the provisions of
section 101701 of title 54, United States Code, relating to
challenge cost share agreements, $23,000,000, to remain
available until expended, for Centennial Challenge projects
and programs: Provided, That not less than 50 percent of the
total cost of each project or program shall be derived from
non-Federal sources in the form of donated cash, assets, or a
pledge of donation guaranteed by an irrevocable letter of
credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed
the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to
the sub-account of the originating unit over a period not to
exceed the term of a single contract at the benefitting unit,
in the amount of funds so expended to extinguish or reduce
liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed
under such section, such retained amounts to remain available
until expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204.
Transfers may include a reasonable amount for FHWA
administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,148,457,000, to
remain available until September 30, 2019; of which
$78,537,000 shall remain available until expended for
satellite operations; and of which $15,164,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined
that such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the
United States National Committee for Geological Sciences; and
payment of compensation and expenses of persons employed by
the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the
United States Geological Survey may enter into contracts or
cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or
intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57
and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of
title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements,
rights-of-way and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer
Continental Shelf and approving operations related thereto,
as authorized by law; for environmental studies, as
authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation;
and for matching grants or cooperative agreements,
$171,000,000, of which $114,166,000 is to remain available
until September 30, 2019, and of which $56,834,000 is to
remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the
Secretary and credited to this appropriation from additions
to receipts resulting from increases to lease rental rates in
effect on August 5, 1993, and from cost recovery fees from
activities conducted by the Bureau of Ocean Energy Management
pursuant to the Outer Continental Shelf Lands Act, including
studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2018 appropriation estimated at not more than
$114,166,000: Provided further, That not to exceed $3,000
shall be available for reasonable expenses related to
promoting volunteer beach and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way and agreements
for use for oil and gas, other minerals, energy, and marine-
related purposes on the Outer Continental Shelf, as
authorized by law; for enforcing and implementing laws and
regulations as authorized by law and to the extent provided
by Presidential or Secretarial delegation; and for matching
grants or cooperative agreements, $136,411,000, of which
$108,540,000 is to remain available until September 30, 2019,
and of which $27,871,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993,
and from cost recovery fees from activities conducted by the
Bureau of Safety and Environmental Enforcement pursuant to
the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2018 appropriation estimated at not more than
$108,540,000.
For an additional amount, $50,000,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in
fiscal year 2018, as provided in this Act: Provided, That to
the extent that amounts realized from such inspection fees
exceed $50,000,000, the amounts realized in excess of
$50,000,000 shall be credited to this appropriation and
remain available until expended: Provided further, That for
fiscal year 2018, not less than 50 percent of the inspection
fees expended by the Bureau of Safety and Environmental
Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the
Outer Continental Shelf pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), including the
review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $14,899,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, $115,804,000, to remain available until September
30, 2019: Provided, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain
available until expended: Provided, That fees assessed and
collected by the Office pursuant to such section 507 shall be
credited to this account as discretionary offsetting
collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2018
appropriation estimated at not more than $115,804,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
[[Page H1855]]
$24,672,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 percent from
the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, $115,000,000, to remain available until
expended, for grants to States and federally recognized
Indian Tribes for reclamation of abandoned mine lands and
other related activities in accordance with the terms and
conditions in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act): Provided, That such additional amount shall be used
for economic and community development in conjunction with
the priorities in section 403(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)):
Provided further, That of such additional amount, $75,000,000
shall be distributed in equal amounts to the 3 Appalachian
States with the greatest amount of unfunded needs to meet the
priorities described in paragraphs (1) and (2) of such
section, $30,000,000 shall be distributed in equal amounts to
the 3 Appalachian States with the subsequent greatest amount
of unfunded needs to meet such priorities, and $10,000,000
shall be for grants to federally recognized Indian Tribes
without regard to their status as certified or uncertified
under the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1233(a)), for reclamation of abandoned mine lands
and other related activities in accordance with the terms and
conditions in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act) and shall be used for economic and community development
in conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided
further, That such additional amount shall be allocated to
States and Indian Tribes within 60 days after the date of
enactment of this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5301 et seq.), the Education Amendments of 1978 (25 U.S.C.
2001-2019), and the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2501 et seq.), $2,411,200,000, to remain available
until September 30, 2019, except as otherwise provided
herein; of which not to exceed $8,500 may be for official
reception and representation expenses; of which not to exceed
$76,000,000 shall be for welfare assistance payments:
Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster: Provided further, That federally
recognized Indian tribes and tribal organizations of
federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $673,425,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2018, and shall
remain available until September 30, 2019: Provided further,
That not to exceed $53,991,000 shall remain available until
expended for housing improvement, road maintenance, attorney
fees, litigation support, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975 (25
U.S.C. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed
$81,036,000 within and only from such amounts made available
for school operations shall be available for administrative
cost grants associated with grants approved prior to July 1,
2018: Provided further, That any forestry funds allocated to
a federally recognized tribe which remain unobligated as of
September 30, 2019, may be transferred during fiscal year
2020 to an Indian forest land assistance account established
for the benefit of the holder of the funds within the
holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2020: Provided further, That in order to
enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles
of clothing for personnel: Provided further, That the Bureau
of Indian Affairs may accept transfers of funds from U.S.
Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the
Bureau of Indian Affairs as identified on the National Tribal
Transportation Facility Inventory, 23 U.S.C. 202(b)(1).
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Bureau of Indian Affairs for fiscal year 2018, such sums
as may be necessary, which shall be available for obligation
through September 30, 2019: Provided, That notwithstanding
any other provision of law, no amounts made available under
this heading shall be available for transfer to another
budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483; $354,113,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to the Act
of November 2, 1921 (25 U.S.C. 13), shall be made available
on a nonreimbursable basis: Provided further, That for
fiscal year 2018, in implementing new construction,
replacement facilities construction, or facilities
improvement and repair project grants in excess of $100,000
that are provided to grant schools under Public Law 100-297,
the Secretary of the Interior shall use the Administrative
and Audit Requirements and Cost Principles for Assistance
Programs contained in part 12 of title 43, Code of Federal
Regulations, as the regulatory requirements: Provided
further, That such grants shall not be subject to section
12.61 of title 43, Code of Federal Regulations; the Secretary
and the grantee shall negotiate and determine a schedule of
payments for the work to be performed: Provided further,
That in considering grant applications, the Secretary shall
consider whether such grantee would be deficient in assuring
that the construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by section 1125(b) of title XI
of Public Law 95-561 (25 U.S.C. 2005(b)), with respect to
organizational and financial management capabilities:
Provided further, That if the Secretary declines a grant
application, the Secretary shall follow the requirements
contained in section 5206(f) of Public Law 100-297 (25 U.S.C.
2504(f)): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject
to the disputes provision in section 5208(e) of Public Law
107-110 (25 U.S.C. 2507(e)): Provided further, That in order
to ensure timely completion of construction projects, the
Secretary may assume control of a project and all funds
related to the project, if, within 18 months of the date of
enactment of this Act, any grantee receiving funds
appropriated in this Act or in any prior Act, has not
completed the planning and design phase of the project and
commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the
Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 111-11,
111-291, and 114-322, and for implementation of other land
and water rights settlements, $55,457,000, to remain
available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$9,272,000, of which $1,252,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed or insured, not to
exceed $123,565,389.
administrative provisions
(including rescission of funds)
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the
Bureau of Indian Affairs may contract for services in support
of the management, operation, and maintenance of the Power
Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and
[[Page H1856]]
Executive Direction and Administrative Services (except
executive direction and administrative services funding for
Tribal Priority Allocations, regional offices, and facilities
operations and maintenance) shall be available for contracts,
grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs under the provisions of the Indian Self-
Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools
under 25 U.S.C. 452 et seq., shall be available to support
the operation of any elementary or secondary school in the
State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by
the Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand the elementary
grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding
formula, only to the schools in the Bureau school system as
of September 1, 1996, and to any school or school program
that was reinstated in fiscal year 2012. Funds made available
under this Act may not be used to establish a charter school
at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)),
except that a charter school that is in existence on the date
of the enactment of this Act and that has operated at a
Bureau-funded school before September 1, 1999, may continue
to operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive
this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-
public schools located within the jurisdictional area of the
tribal government which exclusively serve tribal members, do
not include grades beyond those currently served at the
existing Bureau-funded school, provide an educational
environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety
standards, and the Americans with Disabilities Act, and
demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs,
such as for transportation or other impacts to students such
as those caused by busing students extended distances:
Provided, That no funds available under this Act may be used
to fund operations, maintenance, rehabilitation, construction
or other facilities-related costs for such assets that are
not owned by the Bureau: Provided further, That the term
``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50
miles but that forms part of the existing school in all other
respects.
Of the prior year unobligated balances available for the
``Operation of Indian Programs'' account, $8,000,000 are
permanently rescinded.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $124,182,000, to remain available until
September 30, 2019; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which
up to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated
with the orderly closure of the United States Bureau of
Mines; and of which $10,242,000 for the Office of Valuation
Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended.
administrative provisions
For fiscal year 2018, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in
Lieu of Taxes Program: Provided, That the amounts provided
under this Act specifically for the Payments in Lieu of Taxes
program are the only amounts available for payments
authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for
any fiscal year for payments pursuant to this chapter are
insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to
each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior
overpayments or underpayments: Provided further, That no
payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $96,870,000, of which: (1) $87,422,000 shall remain
available until expended for territorial assistance,
including general technical assistance, maintenance
assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to
the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands, as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands, as authorized by law (Public Law
94-241; 90 Stat. 272); and (2) $9,448,000 shall be available
until September 30, 2019, for salaries and expenses of the
Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 104-134: Provided
further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for
disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $3,363,000, to remain
available until expended, as provided for in sections
221(a)(2) and 233 of the Compact of Free Association for the
Republic of Palau; and section 221(a)(2) of the Compacts of
Free Association for the Government of the Republic of the
Marshall Islands and the Federated States of Micronesia, as
authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided
under section 104(e) of Public Law 108-188 and Public Law
104-134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for
the purposes authorized by the Rural Electrification Act of
1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such loans or loan guarantees may be made without regard to
the population of the area, credit elsewhere requirements,
and restrictions on the
[[Page H1857]]
types of eligible entities under the Rural Electrification
Act of 1936 and section 306(a)(1) of the Consolidated Farm
and Rural Development Act: Provided further, That any funds
transferred to the Secretary of Agriculture shall be in
addition to funds otherwise made available to make or
guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$66,675,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$51,023,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $119,400,000, to remain available until expended, of
which not to exceed $18,990,000 from this or any other Act,
may be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs and Bureau of Indian Education,
``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the Office
of the Secretary, ``Departmental Operations'' account:
Provided further, That funds made available through contracts
or grants obligated during fiscal year 2018, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et
seq.), shall remain available until expended by the
contractor or grantee: Provided further, That
notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of
performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or
less: Provided further, That the Secretary shall issue an
annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and remain
available in this account for this purpose: Provided
further, That the Secretary shall not be required to
reconcile Special Deposit Accounts with a balance of less
than $500 unless the Office of the Special Trustee receives
proof of ownership from a Special Deposit Accounts claimant:
Provided further, That notwithstanding section 102 of the
American Indian Trust Fund Management Reform Act of 1994
(Public Law 103-412) or any other provision of law, the
Secretary may aggregate the trust accounts of individuals
whose whereabouts are unknown for a continuous period of at
least five years and shall not be required to generate
periodic statements of performance for the individual
accounts: Provided further, That with respect to the eighth
proviso, the Secretary shall continue to maintain sufficient
records to determine the balance of the individual accounts,
including any accrued interest and income, and such funds
shall remain available to the individual account holders.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $948,087,000,
to remain available until expended, of which not to exceed
$18,427,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation
accounts from which funds were previously transferred for
such purposes: Provided further, That of the funds provided
$184,000,000 is for fuels management activities: Provided
further, That of the funds provided $20,470,000 is for burned
area rehabilitation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from
which funds were expended to provide that protection, and are
available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That
the costs of implementing any cooperative agreement between
the Federal Government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties:
Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes
of fuels management activities, may obtain maximum
practicable competition among: (1) local private, nonprofit,
or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups;
(3) small or micro-businesses; or (4) other entities that
will hire or train locally a significant percentage, defined
as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this
section, the Secretary shall develop written guidance to
field units to ensure accountability and consistent
application of the authorities provided herein: Provided
further, That funds appropriated under this heading may be
used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in
connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use
wildland fire appropriations to enter into leases of real
property with local governments, at or below fair market
value, to construct capitalized improvements for fire
facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make
advance payments for any such lease or for construction
activity associated with the lease: Provided further, That
the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $50,000,000, between the Departments when such
transfers would facilitate and expedite wildland fire
management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available
for support of Federal emergency response actions: Provided
further, That funds appropriated under this heading shall be
available for assistance to or through the Department of
State in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be
available to support forestry, wildland fire management, and
related natural resource activities outside the United States
and its territories and possessions, including technical
assistance, education and training, and cooperation with
United States and international organizations.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant
to the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601 et seq.), $10,010,000, to
remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
54 U.S.C. 100721 et seq., $7,767,000, to remain available
until expended.
working capital fund
For the operation and maintenance of a departmental
financial and business management system, information
technology improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $62,370,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to
establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That the Secretary may assess reasonable charges to
State, local and tribal government employees for training
services provided by the National Indian Program Training
Center, other than training related to Public Law 93-638:
Provided further, That the Secretary may lease or otherwise
provide space and related facilities, equipment or
professional services of the National Indian Program Training
Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of
title 40, United States Code) at the prevailing rate for
similar space, facilities, equipment, or services in the
vicinity of the National Indian Program Training Center:
Provided further, That all funds received pursuant to the two
preceding provisos shall be credited to this account, shall
be available until expended, and shall be used by the
Secretary for necessary expenses of the National Indian
Program Training Center: Provided further, That the
[[Page H1858]]
Secretary may enter into grants and cooperative agreements to
support the Office of Natural Resource Revenue's collection
and disbursement of royalties, fees, and other mineral
revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement
aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $137,757,000, to remain available until
September 30, 2019; of which $41,727,000 shall remain
available until expended for the purpose of mineral revenue
management activities: Provided, That notwithstanding any
other provision of law, $15,000 shall be available for
refunds of overpayments in connection with certain Indian
leases in which the Secretary concurred with the claimed
refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for
the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands
under the jurisdiction of the Secretary, pursuant to the
authority in section 417(b) of Public Law 106-224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section
410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation
and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, with
such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire suppression''
shall be exhausted within 30 days: Provided further, That
all funds used pursuant to this section must be replenished
by a supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code,
when authorized by the Secretary, in total amount not to
exceed $500,000; purchase and replacement of motor vehicles,
including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Bureau of Indian
Education, and Office of the Special Trustee for American
Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2018. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2018, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in
place at the start of the fiscal year. Fees for fiscal year
2018 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2018. Fees for fiscal
year 2018 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under
subsection (b) within 60 days, with payment required within
30 days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of
the month in which the inspection occurred, with payment
required within 30 days of billing.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement, may transfer funds
among and between the successor offices and bureaus affected
by the reorganization only in conformance with the
reprogramming guidelines described in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts
in accordance with the provisions of section 3903 of title
41, United States Code (except that the 5-year term
restriction in subsection (a) shall not apply), for the long-
term care and maintenance of excess wild free roaming horses
and burros by such organizations or entities on private land.
Such cooperative agreements and contracts may not exceed 10
years, subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from
[[Page H1859]]
federally operated or federally financed hatcheries including
but not limited to fish releases of coho, chinook, and
steelhead species. Marked fish must have a visible mark that
can be readily identified by commercial and recreational
fishers.
exhaustion of administrative review
Sec. 111. Paragraph (1) of section 122(a) of division E of
Public Law 112-74 (125 Stat. 1013) is amended by striking
``through 2020,'' in the first sentence and inserting
``through 2022,''.
contracts and agreements with indian affairs
Sec. 112. Notwithstanding any other provision of law,
during fiscal year 2018, in carrying out work involving
cooperation with State, local, and tribal governments or any
political subdivision thereof, Indian Affairs may record
obligations against accounts receivable from any such
entities, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
humane transfer of excess animals
Sec. 113. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or
burros that have been removed from the public lands to other
Federal, State, and local government agencies for use as work
animals: Provided, That the Secretary may make any such
transfer immediately upon request of such Federal, State, or
local government agency: Provided further, That any excess
animal transferred under this provision shall lose its status
as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That
any Federal, State, or local government agency receiving
excess wild horses or burros as authorized in this section
shall not: destroy the horses or burros in a way that results
in their destruction into commercial products; sell or
otherwise transfer the horses or burros in a way that results
in their destruction for processing into commercial products;
or euthanize the horses or burros except upon the
recommendation of a licensed veterinarian, in cases of severe
injury, illness, or advanced age.
republic of palau
Sec. 114. There is appropriated $123,824,000 for an
additional amount for ``Compact of Free Association'', which
shall remain available until expended for use in meeting the
financial obligations of the Government of the United States
under the Agreement between the Government of the United
States of America and the Government of the Republic of Palau
Following the Compact of Free Association Section 432 Review,
signed on September 3, 2010, with the funding schedule
therein modified by the Parties as necessary and appropriate
(``Compact Review Agreement''): Provided, That funds may not
be made available under this section prior to the Compact
Review Agreement and its appendices entering into force.
department of the interior experienced services program
Sec. 115. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Secretary of the Interior is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under
title V of the Older Americans Act of 1965 to utilize the
talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and
consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under
subsection (a), the Secretary shall ensure that the agreement
would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within
the Department; or
(3) affect existing contracts for services.
jay s. hammond wilderness
Sec. 116. (a) Designation.--The approximately 2,600,000
acres of National Wilderness Preservation System land located
within the Lake Clark National Park and Preserve designated
by section 701(6) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 1132 note; Public Law 96-487)
shall be known and designated as the ``Jay S. Hammond
Wilderness''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
wilderness area referred to in subsection (a) shall be deemed
to be a reference to the ``Jay S. Hammond Wilderness''.
extension of authorities
Sec. 117. (a) Division II of Public Law 104-333 (54 U.S.C.
320101 note), as amended by section 116(b)(2) of Public Law
114-113, is amended in each of sections 203, 310, and 607, by
striking ``2017'' and inserting ``2019''.
(b) Section 140(j) of the Department of the Interior and
Related Agencies Appropriations Act, 2004 (54 U.S.C. 320101
note; Public Law 108-108; 117 Stat. 1280) is amended by
striking ``15 years'' and inserting ``17 years''.
payments in lieu of taxes (pilt)
Sec. 118. Section 6906 of title 31, United States Code, is
amended by striking ``each of fiscal years 2008 through
2014'' and inserting ``fiscal year 2018''.
morristown national historical park
Sec. 119. The first section of the Act entitled ``An Act
to authorize the addition of lands to Morristown National
Historical Park in the State of New Jersey, and for other
purposes'', approved September 18, 1964 (16 U.S.C. 409g), is
amended--
(1) by inserting ``, from a willing owner only,'' after
``the Secretary of the Interior is authorized to procure'';
and
(2) by striking ``615'' each place it appears and inserting
``715''.
sage-grouse
Sec. 120. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to
write or issue pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
incorporation by reference
Sec. 121. (a) The following provisions of S. 1460 (Energy
and Natural Resources Act of 2017) of the 115th Congress, as
placed on the calendar of the Senate on June 29, 2017, are
hereby enacted into law:
(1) Section 7130 (Modification of the Second Division
Memorial).
(2) Section 7134 (Ste. Genevieve National Historical Park).
(b) H.R. 1281 as introduced in the 115th Congress (A bill
to extend the authorization of the Highlands Conservation
Act) and H.R. 4134 as introduced in the 115th Congress (Cecil
D. Andrus-White Clouds Wilderness Redesignation Act) are
hereby enacted into law.
(c) In publishing this Act in slip form and in the United
States Statutes at large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval at the end an appendix
setting forth the text of the sections of the bill and the
bills referred to in subsections (a) and (b), respectively.
mineral withdrawal subject to valid existing rights
Sec. 122. (a) The mineral estate identified in Bureau of
Land Management contracts number CA 20139 and CA 22901 is
hereby withdrawn from all forms of mineral entry authority of
the Secretary, subject to valid existing rights.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
(including rescission of funds)
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; and other
operating expenses in support of research and development,
$713,823,000, to remain available until September 30, 2019:
Provided, That of the funds included under this heading,
$4,100,000 shall be for Research: National Priorities as
specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That of unobligated balances from
appropriations made available under this heading, $7,350,000
are permanently rescinded: Provided further, That no amounts
may be rescinded pursuant to the preceding proviso from
amounts made available in the first proviso for Research:
National Priorities.
Environmental Programs and Management
(including rescission of funds)
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not
members; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields
Revitalization Act of 2002; implementation of a coal
combustion residual permit program under section 2301 of the
Water and Waste Act of 2016; and not to exceed $19,000 for
official reception and representation expenses,
$2,643,299,000, to remain available until September 30, 2019:
Provided, That of the funds included under this heading,
$12,700,000 shall be for Environmental Protection: National
Priorities as specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That of the funds
included under this heading, $447,857,000 shall be for
Geographic Programs specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That of the
unobligated balances from appropriations made available under
this heading, $45,300,000 are permanently rescinded:
Provided further, That no amounts may be rescinded pursuant
to the preceding proviso from amounts made available in the
first proviso for Environmental Protection: National
Priorities, from amounts made available in the second proviso
for Geographic Programs, or from the National Estuary Program
(33 U.S.C. 1330).
[[Page H1860]]
In addition, $10,000,000 to remain available until
expended, for necessary expenses of activities described in
section 26(b)(1) of the Toxic Substances Control Act (15
U.S.C. 2625(b)(1)): Provided, That fees collected pursuant
to that section of that Act and deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2018 shall be retained and used for necessary
salaries and expenses in this appropriation and shall remain
available until expended: Provided further, That the sum
herein appropriated in this paragraph from the general fund
for fiscal year 2018 shall be reduced by the amount of
discretionary offsetting receipts received during fiscal year
2018, so as to result in a final fiscal year 2018
appropriation from the general fund estimated at not more
than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $10,000,000, those amount
in excess of $10,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2018, shall be retained and used for necessary
salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the
funds included in the first paragraph under this heading, the
Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any
fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the
Solid Waste Disposal Act (42 U.S.C. 6939g), including the
development, operation, maintenance, and upgrading of the
hazardous waste electronic manifest system established by
such section, $3,674,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2018, which
shall remain available until expended and be used for
necessary expenses in this appropriation, so as to result in
a final fiscal year 2018 appropriation from the general fund
estimated at not more than $0: Provided further, That to the
extent such offsetting collections received in fiscal year
2018 exceed $3,674,000, those excess amounts shall remain
available until expended and be used for necessary expenses
in this appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $41,489,000, to remain available until September 30,
2019.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$34,467,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611) $1,091,947,000, to remain
available until expended, consisting of such sums as are
available in the Trust Fund on September 30, 2017, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,091,947,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading
may be allocated to other Federal agencies in accordance with
section 111(a) of CERCLA: Provided further, That of the
funds appropriated under this heading, $8,778,000 shall be
paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2019, and $15,496,000
shall be paid to the ``Science and Technology'' appropriation
to remain available until September 30, 2019.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of
the Solid Waste Disposal Act, $91,941,000, to remain
available until expended, of which $66,572,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code: Provided, That
the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage
tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $18,209,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,562,161,000, to remain
available until expended, of which--
(1) $1,393,887,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title
VI of the Federal Water Pollution Control Act; and of which
$863,233,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal
year 2018, to the extent there are sufficient eligible
project applications and projects are consistent with State
Intended Use Plans, not less than 10 percent of the funds
made available under this title to each State for Clean Water
State Revolving Fund capitalization grants shall be used by
the State for projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal
year 2018, funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants may, at the discretion of each State, be used for
projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That notwithstanding section
603(d)(7) of the Federal Water Pollution Control Act, the
limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 2018 and prior years
where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable
by the Administrator, accounted for separately from other
assets in the fund, and used for eligible purposes of the
fund, including administration: Provided further, That for
fiscal year 2018, notwithstanding the provisions of
subsections (g)(1), (h), and (l) of section 201 of the
Federal Water Pollution Control Act, grants made under title
II of such Act for American Samoa, Guam, the commonwealth of
the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose of
providing assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments: Provided
further, That for fiscal year 2018, notwithstanding the
provisions of such subsections (g)(1), (h), and (l) of
section 201 and section 518(c) of the Federal Water Pollution
Control Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution Control
Act may also be used to provide assistance: (1) solely for
facility plans, design activities, or plans, specifications,
and estimates for any proposed project for the construction
of treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2018, notwithstanding
any provision of the Federal Water Pollution Control Act and
regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act:
Provided further, That for fiscal year 2018, funds reserved
under section 518(c) of such Act shall be available for
grants only to Indian tribes, as defined in section 518(h) of
such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native
Villages as defined in Public Law 92-203: Provided further,
That for fiscal year 2018, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution
Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i)
of the Safe Drinking Water Act, up to a total of 2 percent of
the funds appropriated, or $20,000,000, whichever is greater,
for State Revolving Funds under such Acts may be reserved by
the Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2018, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That for fiscal year 2018,
notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to 1.5
percent of the funds appropriated for the Drinking Water
State Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants made
under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds
[[Page H1861]]
made available under this title to each State for Clean Water
State Revolving Fund capitalization grants and 20 percent of
the funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants
shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible
recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act, or
where such debt was incurred prior to the date of enactment
of this Act if the State, with concurrence from the
Administrator, determines that such funds could be used to
help address a threat to public health from heightened
exposure to lead in drinking water or if a Federal or State
emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this
Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 20 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to
eligible recipients;
(2) $10,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission: Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas,
or the development within an existing colonia the
construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary
infrastructure;
(3) $20,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the Statewide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the
funds provided for projects in regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA: Provided
further, That at least 10 percent shall be allocated for
assistance in persistent poverty counties: Provided further,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates;
(5) $75,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $40,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322); and
(8) $1,076,041,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single
media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities
subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying
out section 128 of CERCLA; $9,646,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,498,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,848,000 of the funds available for
grants under section 106 of the Federal Water Pollution
Control Act shall be for State participation in national- and
State-level statistical surveys of water resources and
enhancements to State monitoring programs; $10,000,000 shall
be for multipurpose grants, including interagency agreements:
Provided, That hereafter, notwithstanding other applicable
provisions of law, the funds appropriated for the Indian
Environmental General Assistance Program shall be available
to federally recognized tribes for solid waste and recovered
materials collection, transportation, backhaul, and disposal
services.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $5,000,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize gross obligations for
the principal amount of direct loans, including capitalized
interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to
exceed $610,000,000.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 shall be deposited in this
account, to remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act
of 2014, $5,000,000, to remain available until September 30,
2019.
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2018, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 112-177, the Pesticide Registration Improvement
Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8(d)(2)), the Administrator of the Environmental
Protection Agency may assess fees under section 33 of FIFRA
(7 U.S.C. 136w-8) for fiscal year 2018.
The Administrator is authorized to transfer up to
$300,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000
per project.
For fiscal year 2018, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of the Act
to make grants to Indian tribes pursuant to sections 319(h)
and 518(e) of that Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2018 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
Of the unobligated balances available for the ``State and
Tribal Assistance Grants'' account, $96,198,000 are hereby
permanently rescinded: Provided, That no amounts may be
[[Page H1862]]
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985 or from amounts that were made
available by subsection (a) of section 196 of the Continuing
Appropriations Act, 2017 (division C of Public Law 114-223),
as amended by the Further Continuing and Security Assistance
Appropriations Act, 2017 (Public Law 114-254).
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $1,000,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000: Provided,
That funds made available by this Act to any agency in the
Natural Resources and Environment mission area for salaries
and expenses are available to fund up to one administrative
support staff for the office.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $297,000,000, to remain available through
September 30, 2021: Provided, That of the funds provided,
$77,000,000 is for the forest inventory and analysis program.
state and private forestry
(including rescission of funds)
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
and conducting an international program as authorized,
$335,525,000, to remain available through September 30, 2021,
as authorized by law; of which $67,025,000 is to be derived
from the Land and Water Conservation Fund to be used for the
Forest Legacy Program, to remain available until expended.
Of the unobligated balances from amounts made available for
the Forest Legacy Program and derived from the Land and Water
Conservation Fund, $5,938,000 is hereby permanently rescinded
from projects with cost savings or failed or partially failed
projects that had funds returned: Provided, That no amounts
may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands,
$1,923,750,000, to remain available through September 30,
2021: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape
Restoration Fund for ecological restoration treatments as
authorized by 16 U.S.C. 7303(f): Provided further, That of
the funds provided, $366,000,000 shall be for forest
products: Provided further, That of the funds provided,
$430,000,000 shall be for hazardous fuels management
activities, of which not to exceed $15,000,000 may be used to
make grants, using any authorities available to the Forest
Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands:
Provided further, That $15,000,000 may be used by the
Secretary of Agriculture to enter into procurement contracts
or cooperative agreements or to issue grants for hazardous
fuels management activities, and for training or monitoring
associated with such hazardous fuels management activities on
Federal land, or on non-Federal land if the Secretary
determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the
Community Forestry Restoration Act, Public Law 106-393, title
VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest
Service under the ``State and Private Forestry''
appropriations: Provided further, That notwithstanding
section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C.
1012), the Secretary of Agriculture, in calculating a fee for
grazing on a National Grassland, may provide a credit of up
to 50 percent of the calculated fee to a Grazing Association
or direct permittee for a conservation practice approved by
the Secretary in advance of the fiscal year in which the cost
of the conservation practice is incurred. And, that the
amount credited shall remain available to the Grazing
Association or the direct permittee, as appropriate, in the
fiscal year in which the credit is made and each fiscal year
thereafter for use on the project for conservation practices
approved by the Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $449,000,000, to remain available through
September 30, 2021, for construction, capital improvement,
maintenance and acquisition of buildings and other facilities
and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205: Provided, That funds becoming available
in fiscal year 2018 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the Treasury
and shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated.
land acquisition
For expenses necessary to carry out the provisions of
chapter 2003 of title 54, United States Code, including
administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $64,337,000, to
be derived from the Land and Water Conservation Fund and to
remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California; and the Ozark-St. Francis and Ouachita National
Forests, Arkansas; as authorized by law, $850,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to
remain available through September 30, 2021, (16 U.S.C. 516-
617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, to remain
available through September 30, 2021, of which not to exceed
6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2021, to be derived
from the fund established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $2,500,000, to remain available through
September 30, 2021.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or
other lands under fire protection agreement, and for
emergency rehabilitation of burned-over National Forest
System lands and water, $2,880,338,000, to remain available
through September 30, 2021: Provided, That such funds
including unobligated balances under this heading, are
available for repayment of advances from other appropriations
accounts previously transferred for such purposes: Provided
further, That any unobligated funds appropriated in a
previous fiscal year for hazardous fuels management may be
transferred to the ``National Forest System'' account:
Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further,
That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided
further, That funds designated for wildfire suppression,
shall be assessed for cost pools on the same basis as such
assessments are calculated against other agency programs:
Provided further, That the $65,000,000 made available under
this heading in the Consolidated and Further Continuing
Appropriations Act, 2015 (Public Law 113-235) for the purpose
of acquiring aircraft for the next-generation airtanker fleet
shall instead be available until expended for the purpose of
enhancing firefighting mobility, effectiveness, efficiency,
and safety.
[[Page H1863]]
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft to
maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the
House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland
Fire Management'' will be obligated within 30 days:
Provided, That all funds used pursuant to this paragraph must
be replenished by a supplemental appropriation which must be
requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the
Forest Service shall be available for expenditure or transfer
to the Department of the Interior for wildland fire
management, hazardous fuels management, and State fire
assistance when such transfers would facilitate and expedite
wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the National Forest System Account, or reprogram funds
to be used for the purposes of hazardous fuels management and
urgent rehabilitation of burned-over National Forest System
lands and water, such transferred funds shall remain
available through September 30, 2021: Provided, That none of
the funds transferred pursuant to this section shall be
available for obligation without written notification to and
the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That this section
does not apply to funds appropriated to the FLAME Wildfire
Suppression Reserve Fund or funds derived from the Land and
Water Conservation Fund.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting
for the International Program, may sign direct funding
agreements with foreign governments and institutions as well
as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical
assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the
Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of
cadastral surveys to designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-171 (7 U.S.C.
8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $14,500,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain services from the Department of Agriculture's
National Information Technology Center and the Department of
Agriculture's International Technology Service.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within
the scope of the approved budget, which shall be carried out
by the Youth Conservation Corps and shall be carried out
under the authority of the Public Lands Corps Act of 1993 (16
U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National
Forest Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be
available for administrative expenses: Provided further,
That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match
funds made available by the Forest Service on at least a one-
for-one basis: Provided further, That the Foundation may
transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose
of performing fire, administrative, and other facilities
maintenance and decommissioning.
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar matters unrelated to civil
litigation. Future budget justifications for both the Forest
Service and the Department of Agriculture should clearly
display the sums previously transferred and the sums
requested for transfer.
An eligible individual who is employed in any project
funded under title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through
the Office of Budget and Program Analysis, the Forest Service
shall report no later than 30 business days following the
close of each fiscal quarter all current and prior year
unobligated balances, by fiscal year, budget line item and
account, to the House and Senate Committees on
Appropriations.
The Forest Service shall submit, through the Office of
Budget and Program Analysis, to the Office of Management and
Budget a proposed system of administrative control of funds
for its accounts, as described in 31 U.S.C. 1514, not later
than June 21, 2018.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $3,952,290,000,
together with payments received during the fiscal year
pursuant to sections 231(b) and 233 of the Public Health
Service Act (42 U.S.C. 238(b), 238b), for services furnished
by the Indian Health Service: Provided, That funds
[[Page H1864]]
made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $2,000,000 shall be available for grants or
contracts with public or private institutions to provide
alcohol or drug treatment services to Indians, including
alcohol detoxification services: Provided further, That
$962,695,000 for Purchased/Referred Care, including
$53,000,000 for the Indian Catastrophic Health Emergency
Fund, shall remain available until expended: Provided
further, That of the funds provided, up to $36,000,000 shall
remain available until expended for implementation of the
loan repayment program under section 108 of the Indian Health
Care Improvement Act: Provided further, That of the funds
provided, $11,000,000 shall remain available until expended
to supplement funds available for operational costs at tribal
clinics operated under an Indian Self-Determination and
Education Assistance Act compact or contract where health
care is delivered in space acquired through a full service
lease, which is not eligible for maintenance and improvement
and equipment funds from the Indian Health Service, and
$58,000,000 shall be for costs related to or resulting from
accreditation emergencies, of which up to $4,000,000 may be
used to supplement amounts otherwise available for Purchased/
Referred Care: Provided further, That the amounts collected
by the Federal Government as authorized by sections 104 and
108 of the Indian Health Care Improvement Act (25 U.S.C.
1613a and 1616a) during the preceding fiscal year for breach
of contracts shall be deposited to the Fund authorized by
section 108A of that Act (25 U.S.C. 1616a-1) and shall remain
available until expended and, notwithstanding section 108A(c)
of that Act (25 U.S.C. 1616a-1(c)), funds shall be available
to make new awards under the loan repayment and scholarship
programs under sections 104 and 108 of that Act (25 U.S.C.
1613a and 1616a): Provided further, That the amounts made
available within this account for the Substance Abuse and
Suicide Prevention Program, for the Domestic Violence
Prevention Program, for the Zero Suicide Initiative, for the
housing subsidy authority for civilian employees, for
aftercare pilot programs at Youth Regional Treatment Centers,
to improve collections from public and private insurance at
Indian Health Service and tribally operated facilities, and
for accreditation emergencies shall be allocated at the
discretion of the Director of the Indian Health Service and
shall remain available until expended: Provided further,
That funds provided in this Act may be used for annual
contracts and grants for which the performance period falls
within 2 fiscal years, provided the total obligation is
recorded in the year the funds are appropriated: Provided
further, That the amounts collected by the Secretary of
Health and Human Services under the authority of title IV of
the Indian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII
and XIX of the Social Security Act, except for those related
to the planning, design, or construction of new facilities:
Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement
Act shall remain available until expended: Provided further,
That amounts received by tribes and tribal organizations
under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the
receiving tribes and tribal organizations until expended:
Provided further, That the Bureau of Indian Affairs may
collect from the Indian Health Service, and from tribes and
tribal organizations operating health facilities pursuant to
Public Law 93-638, such individually identifiable health
information relating to disabled children as may be necessary
for the purpose of carrying out its functions under the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.): Provided further, That of the funds provided,
$72,280,000 is for the Indian Health Care Improvement Fund
and may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account: Provided
further, That the accreditation emergency funds may be used,
as needed, to carry out activities typically funded under the
Indian Health Facilities account.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Indian Health Service for fiscal year 2018, such sums as
may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $867,504,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction,
renovation or expansion of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further,
That not to exceed $500,000 may be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States
Department of Housing and Urban Development: Provided
further, That not to exceed $2,700,000 from this account and
the ``Indian Health Services'' account may be used by the
Indian Health Service to obtain ambulances for the Indian
Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health
Service and the General Services Administration: Provided
further, That not to exceed $500,000 may be placed in a
Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of
Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate
equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities;
payments for telephone service in private residences in the
field, when authorized under regulations approved by the
Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and
for expenses of attendance at meetings that relate to the
functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the
Indian Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
the account of the facility providing the service and shall
be available without fiscal year limitation: Provided
further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation
Facilities Act and Public Law 93-638: Provided further, That
funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation: Provided
further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments
or charges by the Department of Health and Human Services
unless identified in the budget justification and provided in
this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided
further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or
tribal organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5321 et seq. (title I), 5381 et seq. (title V)), may be
deobligated and reobligated to a self-determination contract
under title I, or a self-governance agreement under title V
of such Act and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation:
Provided further, That none of the funds made available to
the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on
September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care
services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the
increased costs associated with the proposed final rule, and
such request has been included in an appropriations Act and
enacted into law: Provided further, That with respect to
functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities on
a reimbursable basis, including payments in advance with
subsequent adjustment, and the reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from
which the funds were originally derived, with such amounts to
remain available until expended: Provided further, That
reimbursements for
[[Page H1865]]
training, technical assistance, or services provided by the
Indian Health Service will contain total costs, including
direct, administrative, and overhead costs associated with
the provision of goods, services, or technical assistance:
Provided further, That the Indian Health Service may provide
to civilian medical personnel serving in hospitals operated
by the Indian Health Service housing allowances equivalent to
those that would be provided to members of the Commissioned
Corps of the United States Public Health Service serving in
similar positions at such hospitals: Provided further, That
the appropriation structure for the Indian Health Service may
not be altered without advance notification to the House and
Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $77,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA) and section 3019 of the Solid Waste Disposal
Act, $74,691,000: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2018,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $3,000,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed
the per diem equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376, $11,000,000:
Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General
of the Board: Provided further, That notwithstanding any
other provision of law, the Inspector General of the Board
shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions
within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$15,431,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home:
Provided further, That the Office shall relocate any
certified eligible relocatees who have selected and received
an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to section 11 of Public Law 93-531 (88
Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A
of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$9,835,000, which shall become available on July 1, 2018, and
shall remain available until September 30, 2019.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$731,444,000, to remain available until September 30, 2019,
except as otherwise provided herein; of which not to exceed
$6,908,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, and the repatriation
of skeletal remains program shall remain available until
expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments
to independent contractors performing research services or
participating in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$311,903,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by
5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $141,790,000,
to remain available until September 30, 2019, of which not to
exceed $3,620,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years,
that address space needs created by the ongoing renovations
in the Master Facilities Plan, as authorized, $24,203,000, to
remain available until expended: Provided, That contracts
awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors
and awarded on the basis of contractor qualifications as well
as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $23,740,000.
[[Page H1866]]
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $16,775,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $12,000,000, to remain available
until September 30, 2019.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $152,849,000
shall be available to the National Endowment for the Arts for
the support of projects and productions in the arts,
including arts education and public outreach activities,
through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available
until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $152,848,000 to
remain available until expended, of which $141,548,000 shall
be available for support of activities in the humanities,
pursuant to section 7(c) of the Act and for administering the
functions of the Act; and $11,300,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $9,100,000 for the purposes of
section 7(h): Provided, That appropriations for carrying out
section 10(a)(2) shall be available for obligation only in
such amounts as may be equal to the total amounts of gifts,
bequests, devises of money, and other property accepted by
the chairman or by grantees of the National Endowment for the
Humanities under the provisions of sections 11(a)(2)(B) and
11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds
appropriated to the National Foundation on the Arts and the
Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further,
That the Chairperson of the National Endowment for the Arts
may approve grants of up to $10,000, if in the aggregate the
amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $2,762,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study, or education: Provided further,
That one-tenth of one percent of the funds provided under
this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $2,750,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,400,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109,
$8,099,000: Provided, That one-quarter of 1 percent of the
funds provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$59,000,000, of which $1,715,000 shall remain available until
September 30, 2020, for the Museum's equipment replacement
program; and of which $4,000,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until
expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
capital construction
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor
of Dwight D. Eisenhower, as authorized by Public Law 106-79,
$45,000,000, to remain available until expended: Provided,
That the contract with respect to the procurement shall
contain the ``availability of funds'' clause described in
section 52.232.18 of title 48, Code of Federal Regulations:
Provided further, That the funds appropriated herein shall be
deemed to satisfy the criteria for issuing a permit contained
in 40 U.S.C. 8906(a)(4) and (b).
women's suffrage centennial commission
salaries and expenses
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial
Commission Act (section 431(a)(3) of division G of Public Law
115-31), $1,000,000, to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112-272) and the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291), for necessary
expenses of the World War I Centennial Commission,
$7,000,000, to remain available until expended: Provided,
That in addition to the authority provided by section 6(g) of
such Act, the World War I Commission may accept money, in-
kind personnel services, contractual support, or any
appropriate support from any executive branch agency for
activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates
shall be presented to the Committees on Appropriations for
approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2019, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the
Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by
[[Page H1867]]
the Director of the Bureau of Land Management to conduct a
mineral examination of the mining claims or mill sites
contained in a patent application as set forth in subsection
(b). The Bureau of Land Management shall have the sole
responsibility to choose and pay the third-party contractor
in accordance with the standard procedures employed by the
Bureau of Land Management in the retention of third-party
contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2018.
contract support costs, fiscal year 2018 limitation
Sec. 406. Amounts provided by this Act for fiscal year
2018 under the headings ``Department of Health and Human
Services, Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2018
with the Bureau of Indian Affairs or the Indian Health
Service: Provided, That such amounts provided by this Act
are not available for payment of claims for contract support
costs for prior years, or for repayments of payments for
settlements or judgments awarding contract support costs for
prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of section 6(f)(5)(A) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the
National Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not
apply to funds appropriated to implement the Everglades
National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging
and stumpage costs and provide a normal profit and risk
allowance under the Forest Service's appraisal process) when
appraised using a residual value appraisal. The western red
cedar timber from those sales which is surplus to the needs
of the domestic processors in Alaska, shall be made available
to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of
Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 415. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds
in each program and activity.
prohibition on use of funds
Sec. 416. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring
the issuance of permits under title V of the Clean Air Act
(42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide,
water vapor, or methane emissions resulting from biological
processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 417. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of
[[Page H1868]]
greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 418. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or
any other law.
contracting authorities
Sec. 419. Section 412 of Division E of Public Law 112-74
is amended by striking ``fiscal year 2017'' and inserting
``fiscal year 2019''.
chesapeake bay initiative
Sec. 420. Section 502(c) of the Chesapeake Bay Initiative
Act of 1998 (Public Law 105-312; 16 U.S.C. 461 note) is
amended by striking ``2017'' and inserting ``2019''.
extension of grazing permits
Sec. 421. The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing
permits issued by the Forest Service on any lands not subject
to administration under section 402 of the Federal Lands
Policy and Management Act (43 U.S.C. 1752), shall remain in
effect for fiscal year 2018.
funding prohibition
Sec. 422. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
forest service facility realignment and enhancement act
Sec. 423. Section 503(f) of the Forest Service Facility
Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note;
Public Law 109-54) is amended by striking ``2016'' and
inserting ``2018''.
use of american iron and steel
Sec. 424. (a)(1) None of the funds made available by a
State water pollution control revolving fund as authorized by
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water system
or treatment works unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based
on the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking
Water State Revolving Funds for carrying out the provisions
described in subsection (a)(1) for management and oversight
of the requirements of this section.
midway island
Sec. 425. None of the funds made available by this Act may
be used to destroy any buildings or structures on Midway
Island that have been recommended by the United States Navy
for inclusion in the National Register of Historic Places (54
U.S.C. 302101).
john f. kennedy center reauthorization
Sec. 426. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b)
and inserting the following:
``(a) Maintenance, Repair, and Security.--There is
authorized to be appropriated to the Board to carry out
section 4(a)(1)(H), $23,740,000 for fiscal year 2018.
``(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $16,775,000 for fiscal year 2018.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 427. The Secretary of the Interior is authorized to
enter into grants and cooperative agreements with volunteer
fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide
for wildland fire training and equipment, including supplies
and communication devices. Notwithstanding 121(c) of title
40, United States Code, or section 521 of title 40, United
States Code, the Secretary is further authorized to transfer
title to excess Department of the Interior firefighting
equipment no longer needed to carry out the functions of the
Department's wildland fire management program to such
organizations.
alaska native regional health entities
Sec. 428. Section 424 of the Consolidated Appropriations
Act, 2014 (Public Law 113-76) is amended by striking ``2018''
and inserting ``2019''.
treatment of certain hospitals
Sec. 429. Section 1886(d)(12)(C) of the Social Security
Act (42 U.S.C. 1395ww(d)(12)(C)) is amended by adding at the
end the following new clause:
``(iii) Treatment of indian health service and non-indian
health service facilities.--For purposes of determining
whether--
``(I) a subsection (d) hospital of the Indian Health
Service (whether operated by such Service or by an Indian
tribe or tribal organization (as those terms are defined in
section 4 of the Indian Health Care Improvement Act)), or
``(II) a subsection (d) hospital other than a hospital of
the Indian Health Service meets the mileage criterion under
clause (i) with respect to fiscal year 2011 or a succeeding
fiscal year, the Secretary shall apply the policy described
in the regulation at part 412.101(e) of title 42, Code of
Federal Regulations (as in effect on the date of enactment of
this clause).''.
infrastructure
Sec. 430. (a) For an additional amount for ``Environmental
Protection Agency--Hazardous Substance Superfund'',
$63,000,000, of which $54,389,000 shall be for the Superfund
Remedial program and $8,611,000 shall be for the Superfund
Emergency Response and Removal program, to remain available
until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2017, as authorized by
section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $63,000,000 as a
payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA.
(b) For an additional amount for ``Environmental Protection
Agency--State and Tribal Assistance Grants,'' for
environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $650,000,000 to remain
available until expended, of which--
(1) $300,000,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of
the Federal Water Pollution Control Act; and of which
$300,000,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act;
(2) $20,000,000 shall be for grants for small and
disadvantaged communities authorized in section 2104 of the
Water Infrastructure Improvements for the Nation Act (Public
Law 114-322);
(3) $20,000,000 shall be for grants for lead testing in
school and child care program drinking water authorized in
section 2107 of the Water Infrastructure Improvements for the
Nation Act (Public Law 114-322);
(4) $10,000,000 shall be for grants for reducing lead in
drinking water authorized in section 2105 of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322).
(c) For an additional amount for ``Environmental Protection
Agency--Water Infrastructure Finance and Innovation Program
Account'', $53,000,000, to remain available until expended,
for the cost of direct loans, for the cost of guaranteed
loans, and for administrative expenses to carry out the
direct and guaranteed loan programs, of which $3,000,000, to
remain available until September 30, 2019, may be used for
such administrative expenses: Provided, That these
additional funds are available to subsidize gross obligations
for the principal amount of direct loans, including
capitalized interest, and total loan principal, including
capitalized interest, any part of which is to be guaranteed,
not to exceed $6,100,000,000.
policies relating to biomass energy
Sec. 431. To support the key role that forests in the
United States can play in addressing the energy needs of the
United States, the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency shall, consistent with their missions,
jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies
that--
(A) reflect the carbon-neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the
use of forest biomass for energy production does not cause
conversion of forests to non-forest use.
[[Page H1869]]
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
clarification of exemptions
Sec. 432. None of the funds made available in this Act may
be used to require a permit for the discharge of dredged or
fill material under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) for the activities identified in
subparagraphs (A) and (C) of section 404(f)(1) of the Act (33
U.S.C. 1344(f)(1)(A), (C)).
small remote incinerators
Sec. 433. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on
March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as
``small, remote incinerator'' units in those regulations and,
until a subsequent regulation is issued, the Administrator
shall implement the law and regulations in effect prior to
such date.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2018''.
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
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, $3,486,200,000, 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, $2,789,832,000 as
follows:
(A) $845,556,000 for adult employment and training
activities, of which $133,556,000 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) $903,416,000 for youth activities, which shall be
available for the period April 1, 2018 through June 30, 2019;
and
(C) $1,040,860,000 for dislocated worker employment and
training activities, of which $180,860,000 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, $696,368,000 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: Provided further, That of the funds
provided under this subparagraph, $30,000,000 shall be 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));
(B) $54,000,000 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) $87,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $81,447,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $5,922,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $527,000 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) $89,534,000 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) $93,079,000 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) $6,000,000 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) $145,000,000 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, $1,718,655,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2018 through June 30, 2019;
(2) $83,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available
for the period July 1, 2018 through June 30, 2021, and which
may include the acquisition, maintenance, and repair of major
items of equipment: Provided, That the Secretary may
transfer up to 15 percent of such funds to meet the
operational needs of such centers or to achieve
administrative efficiencies: Provided further, That any
funds transferred pursuant to the preceding 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 $3,380,625,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $2,639,600,000 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 $120,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews, and to provide
reemployment services and referrals to
[[Page H1870]]
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: Provided, That such activities
shall not be subject to section 306 of the Social Security
Act; and $9,000,000 for continued support of the Unemployment
Insurance Integrity Center of Excellence), the administration
of unemployment insurance for Federal employees and for ex-
service members as authorized under 5 U.S.C. 8501-8523, and
the administration of trade readjustment allowances,
reemployment trade adjustment assistance, and alternative
trade adjustment assistance under the Trade Act of 1974 and
under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011 and section 405(a) of the Trade
Preferences Extension Act of 2015, and shall be available for
obligation by the States through December 31, 2018, except
that funds used for automation shall be available for Federal
obligation through December 31, 2018, and for State
obligation through September 30, 2020, or, if the automation
is being carried out through consortia of States, for State
obligation through September 30, 2023, and for expenditure
through September 30, 2024, and funds for competitive grants
awarded to States for improved operations and to conduct in-
person reemployment and eligibility assessments and
unemployment insurance improper payment reviews and provide
reemployment services and referrals to training, as
appropriate, shall be available for Federal obligation
through December 31, 2018, and for obligation by the States
through September 30, 2020, and funds for the Unemployment
Insurance Integrity Center of Excellence shall be available
for obligation by the State through September 30, 2019, and
funds used for unemployment insurance workloads experienced
through September 30, 2018 shall be available for Federal
obligation through December 31, 2018;
(2) $13,897,000 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 up to $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
[[Page H1871]]
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 $31,994,000 for
transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $330,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.
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,
[[Page H1872]]
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,
$547,000,000, 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,
$337,536,000, 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 $245,041,000 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) $180,000,000 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) $19,500,000 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; and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4)
above an amount not to exceed 3 percent of the appropriation
from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$50,000,000 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.
In addition, fees may be assessed and deposited in the
HIRE Vets Medallion Award Fund pursuant to section 5(b) of
the HIRE Vets Act, as amended herein, and such amounts shall
be available to the Secretary to carry out the HIRE Vets
Medallion Award Program, as authorized by such Act, and shall
remain available until expended: 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 section 2(d) of
division O of the Consolidated Appropriations Act, 2017
(Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $20,769,000, which shall
be available through September 30, 2019.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $83,487,000, together with not to exceed
$5,660,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of
an individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced 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
[[Page H1873]]
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. Notwithstanding any other provision of law,
beginning October 1, 2017, the Secretary of Labor, in
consultation with the Secretary of Agriculture may select an
entity to operate a Civilian Conservation Center on a
competitive basis in accordance with section 147 of the WIOA,
if the Secretary of Labor determines such Center has had
consistently low performance under the performance
accountability system in effect for the Job Corps program
prior to July 1, 2016, or with respect to expected levels of
performance established under section 159(c) of such Act
beginning July 1, 2016.
Sec. 109. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following
text is part of such section:
``(s)(1) The provisions of this section shall not apply for
a period of 2 years after the occurrence of a major disaster
to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not
engaged, directly or through an affiliate, in underwriting,
selling, or marketing property, casualty, or liability
insurance policies or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from or
relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining liability
or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster'
means an individual who timely secured or secures a license
required by applicable law to engage in and perform the
activities described in clauses (i) through (v) of paragraph
(1)(C) relating to a major disaster, and is employed by an
employer that maintains worker compensation insurance
coverage or protection for its employees, if required by
applicable law, and withholds applicable Federal, State, and
local income and payroll taxes from the wages, salaries and
any benefits of such employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one
or more companies, directly or indirectly, controls, is
controlled by, or is under common control with, another
company.''.
(b) This section shall be effective on the date of
enactment of this Act.
(rescission)
Sec. 110. Of the funds made available under the heading
``Employment and Training Administration-Training and
Employment Services'' in division H of Public Law 115-31,
$12,500,000 is rescinded, to be derived from the amount made
available in paragraph (2)(A) under such heading for the
period October 1, 2017, through September 30, 2018.
Sec. 111. (a) Flexibility With Respect to the Crossing of
H-2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
which the employer is seeking the services of the
nonimmigrants without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2 separate
Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the
United States during the 120-day period specified in
paragraph (1) to be staggering the date of need in violation
of section 655.20(d) of title 20, Code of Federal
Regulations, or any other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 112. The determination of prevailing wage for the
purposes of the H-2B program shall be the greater of--(1) the
actual wage level paid by the employer to other employees
with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for
the occupational classification of the position in the
geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time
of filing the petition. In the determination of prevailing
wage for the purposes of the H-2B program, the Secretary
shall accept private wage surveys even in instances where
Occupational Employment Statistics survey data are available
unless the Secretary determines that the methodology and data
in the provided survey are not statistically supported.
Sec. 113. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in
20 CFR 655.5 or the three-fourths guarantee rule definition
found in 20 CFR 655.20, or any references thereto. Further,
for the purpose of regulating admission of temporary workers
under the H-2B program, the definition of temporary need
shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 114. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess
personal property to apprenticeship programs for the purpose
of training apprentices in those programs.
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
[[Page H1874]]
of division G of Public Law 113-235 shall be applied in
fiscal year 2018 by substituting ``seven'' for ``six''.
Sec. 116. Section 5(b) of the HIRE Vets Act (division O of
Public Law 115-31) is amended to read as follows:
``(b) To the extent provided in advance in appropriations
Acts, the Secretary may assess a reasonable fee on employers
that apply for receipt of a HIRE Vets Medallion Award and the
Secretary shall deposit such fees into the HIRE Vets
Medallion Award Fund. The Secretary shall establish the
amount of the fee such that the amounts collected as fees and
deposited into the Fund are sufficient to cover the costs
associated with carrying out this division.''.
Sec. 117. (a) The Act entitled ``An Act to create a
Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is
part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to
employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate
family of the Secretary who is participating in an activity
or event relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm, in
accordance with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established
by the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a
law enforcement officer or special agent employed under
subsection (a), for the purpose of performing the duties
authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement
officer or special agent employed under subsection (a) shall
exercise any authority provided under this section in
accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 118. The Secretary is authorized to dispose of or
divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job
Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center is situated. Any sale or
other disposition will not be subject to any requirement of
any Federal law or regulation relating to the disposition of
Federal real property, including but not limited to
Subchapter III of Chapter 5 of Title 40 of the United States
Code and Subchapter V of Chapter 119 of Title 42 of the
United States Code. The net proceeds of such a sale shall be
transferred to the Secretary, which shall be available until
expended to carry out the Job Corps Program.
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, $1,626,522,000: 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 $114,893,000 shall be
available until expended for carrying out subsections (g)
through (n) and (q) of section 224 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: Provided further,
That the ninth provisos under the heading ``Department of
Health and Human Services--Health Resources and Services
Administration--Health Resources and Services'' in Public
Laws 104-208 and 105-78 are amended by striking
``$80,000,000'' and inserting ``$152,700,000'' in each such
ninth proviso and by adding at the end of each such ninth
proviso the following new proviso: ``Provided further, 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 of funds provided for the
Health Centers program, as defined by section 330 of the PHS
Act, by this Act or any other Act for fiscal year 2018, not
less than $200,000,000 shall be obligated in fiscal year 2018
for improving quality of care or expanded service grants
under section 330 of the PHS Act to support and enhance
behavioral health, mental health, or substance use disorder
services.
Of the funds made available under this heading, $20,000,000
shall remain available until expended for the cost of
guaranteed loans, as authorized under part A of title XVI of
the PHS Act, for non-Federal lenders for the construction,
renovation, and modernization of medical facilities that are
operated by health centers: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $743,494,000.
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, $1,060,695,000, of which
$111,916,000 shall remain available through September 30,
2019 to carry out sections 755 and 756 of the PHS Act:
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: Provided
further, That $105,000,000 shall remain available until
expended, for the purposes of providing primary health
services, be used to assign National Health Service Corps
(``NHSC'') members to expand the delivery of substance use
disorder treatment services, notwithstanding the assignment
priorities and limitations in or under sections 333(a)(1)(D),
333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and to make
NHSC Loan Repayment Program awards under section 338B of such
Act: Provided further, That for purposes of the previous
proviso, section 331(a)(3)(D) of the PHS Act shall be applied
as if the term ``primary health services'' includes clinical
substance use disorder treatment services, including those
provided by masters level, licensed substance use disorder
treatment counselors.
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, $886,789,000, of which $10,000,000
shall remain available through September 30, 2022 to carry
out section 330M of the PHS Act: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, not more than $83,593,000 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, $111,693,000, 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
[[Page H1875]]
and Safety Act of 1969, and sections 711 and 1820 of the
Social Security Act, $290,794,000, of which $49,609,000 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, $15,942,000
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:
Provided further, That $15,000,000 shall remain available
through September 30, 2020 to support the Rural Residency
Development Program: Provided further, That $100,000,000
shall remain available through September 30, 2022, for the
Rural Communities Opioids Response Program.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$286,479,000: Provided, That amounts provided to said
projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office.
program management
For program support in the Health Resources and Services
Administration, $155,000,000: 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
$9,200,000 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, $474,055,000.
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,
$1,127,278,000.
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, $562,572,000.
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, $915,346,000: 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 made available under this heading,
$15,000,000 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, $140,560,000.
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, $490,397,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act
with respect to environmental health, $188,750,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act
with respect to injury prevention and control, $648,559,000,
of which $475,579,000 shall remain available until September
30, 2019 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, $488,621,000, of which (1)
$128,421,000 shall remain available through September 30,
2019 for international HIV/AIDS and (2) $50,000,000 shall
remain available through September 30, 2020 for Global
Disease Detection and Emergency Response: Provided, That
funds may be used for purchase and insurance of official
motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act
with respect to public health preparedness and response, and
for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and
chemical threats to civilian populations, $1,450,000,000, of
which $610,000,000 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, $270,000,000, which
shall remain available until September 30, 2022, of which
$240,000,000 shall be for a CDC biosafety level 4 laboratory:
Provided, That in addition to the amount provided,
$240,000,000 shall be for a CDC biosafety level 4 laboratory
for the purposes described in the previous proviso and shall
be derived by transfer from the Fund established by Public
Law 110-161, division G, title II, section 223 and shall
remain available until September 30, 2022: Provided further,
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
[[Page H1876]]
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, $5,664,800,000, 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, $3,383,201,000.
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,
$447,735,000.
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,
$1,970,797,000.
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,
$2,145,149,000: Provided, That $250,000,000 shall be
available until September 30, 2019 for research related to
opioid addiction, development of opioid alternatives, pain
management, and addiction treatment: Provided further, That
each for-profit recipient of funds provided in the previous
proviso shall be subject to a matching requirement of funds
or documented in-kind contributions of not less than 50
percent of the total funds awarded to such entity.
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,
$5,260,210,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,785,400,000, of
which $922,871,000 shall be from funds available under
section 241 of the PHS Act: Provided, That not less than
$350,575,000 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,
$1,452,006,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$772,317,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $751,143,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $2,574,091,000.
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, $586,661,000.
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,
$459,974,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $158,033,000.
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, $509,573,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,383,603,000: Provided, That
$250,000,000 shall be available until September 30, 2019 for
research related to opioid addiction, development of opioid
alternatives, pain management, and addiction treatment:
Provided further, That each for-profit recipient of funds
provided in the previous proviso shall be subject to a
matching requirement of funds or documented in-kind
contributions of not less than 50 percent of the total funds
awarded to such entity.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,711,775,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $556,881,000.
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, $377,871,000.
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,
$142,184,000.
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, $303,200,000.
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), $75,733,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$428,553,000: 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, $742,354,000:
Provided, That up to $25,835,000 shall be available to
implement section 480 of the PHS Act, relating to the Cures
Acceleration Network: Provided further, That at least
$542,771,000 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, $1,803,293,000: Provided, That funding shall
be available for the purchase of not to exceed 29 passenger
motor vehicles for replacement only: Provided further, That
all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That $165,000,000
shall be for the National Children's Study Follow-on:
Provided further, That $588,116,000 shall be available for
the Common Fund established under section 402A(c)(1) of the
PHS Act: Provided further, That of the funds provided,
$10,000 shall be for official reception and representation
expenses when specifically approved by the Director of the
NIH: Provided further, That the Office of AIDS Research
within the Office of the Director of the NIH may spend up to
$8,000,000 to make grants for construction or renovation of
facilities as provided for in section 2354(a)(5)(B) of the
PHS Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund 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 NIH in this Act, $496,000,000,
to remain available until expended: Provided, That such
amounts are appropriated pursuant to section 1001(b)(3) of
such Act, 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, $1,453,972,000:
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
[[Page H1877]]
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 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
$100,000,000 shall be available until September 30, 2020 for
grants to communities and community organizations who meet
criteria for Certified Community Behavioral Health Clinics
pursuant to section 223(a) of Public Law 113-93: 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,
$3,182,306,000: Provided, That $1,000,000,000 shall be for
State Opioid Response Grants for carrying out activities
pertaining to opioids undertaken by the State agency
responsible for administering the substance abuse prevention
and treatment block grant under subpart II of part B of title
XIX of the PHS Act (42 U.S.C. 300x-21 et seq.): Provided
further, That of such amount $50,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided
further, That 15 percent of the remaining amount shall be for
the States with the highest mortality rate related to opioid
use disorders: Provided further, That of the amounts
provided for State Opioid Response Grants not more than 2
percent shall be available for Federal administrative
expenses, training, technical assistance, and evaluation:
Provided further, That of the amount not reserved by the
previous three provisos, the Secretary shall make allocations
to States, territories, and the District of Columbia
according to a formula using national survey results that the
Secretary determines are the most objective and reliable
measure of drug use and drug-related deaths: Provided
further, That the Secretary shall submit the formula
methodology to the Committees on Appropriations of the House
of Representatives and the Senate not less than 30 days prior
to publishing a Funding Opportunity Announcement: Provided
further, That prevention and treatment activities funded
through such grants may include education, treatment
(including the provision of medication), behavioral health
services for individuals in treatment programs, referral to
treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each
State, as well as the District of Columbia, shall receive not
less than $4,000,000: Provided further, 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 or State Opioid Response Grants 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, $248,219,000.
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, $128,830,000: Provided, That
in addition to amounts provided herein, $31,428,000 shall be
available under section 241 of the PHS Act to supplement
funds available to carry out national surveys on drug abuse
and mental health, to collect and analyze program data, and
to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be
collected for the costs of publications, data, data
tabulations, and data analysis completed under title V of the
PHS Act and provided to a public or private entity upon
request, which shall be credited to this appropriation and
shall remain available until expended for such purposes:
Provided further, That amounts made available in this Act for
carrying out section 501(m) of the PHS Act shall remain
available through September 30, 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, $334,000,000: 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 1893(h) of the Social Security
Act, 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 expended: 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
$500,368,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for
Medicare Advantage under Part C and the Medicare Prescription
Drug Program under Part D of the Social Security Act and for
activities described in section 1893(b) of such Act, of which
$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, of which $84,398,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program
integrity activities, 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
[[Page H1878]]
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 provide not less than
$17,621,000 for 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, $3,640,304,000: Provided, That all but $678,500,000 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,
$1,864,936,000, of which $1,830,446,000 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 1990 (``CCDBG Act''), $5,226,000,000 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: Provided
further, That in addition to the amounts required to be
reserved by the Secretary under section 658O(a)(2)(A) of such
Act, $156,780,000 shall be for Indian tribes and tribal
organizations.
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 1990,
the Assets for Independence Act, title IV of the Immigration
and Nationality Act, and section 501 of the Refugee Education
Assistance Act of 1980, $12,022,225,000, of which
$75,000,000, 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 $9,863,095,000 shall be for making payments
under the Head Start Act: Provided further, That of the
amount in the previous proviso, $8,823,095,000 shall be
available for payments under section 640 of the Head Start
Act, of which $216,000,000 shall be available for a cost of
living adjustment notwithstanding section 640(a)(3)(A) of
such Act: Provided further, That notwithstanding such
section 640, of the amount in the second preceding proviso,
$260,000,000 (of which up to one percent may be reserved for
research and evaluation) shall be available through March 31,
2019 for award by the Secretary to grantees that apply for
supplemental funding to increase their hours of program
operations and for training and technical assistance for such
activities: Provided further, That of the amount provided
for making payments under the Head Start Act, $25,000,000
shall be available for allocation by the Secretary to
supplement activities described in paragraphs (7)(B) and (9)
of section 641(c) of such Act under the Designation Renewal
System, established under the authority of sections
641(c)(7), 645A(b)(12) and 645A(d) of such Act: Provided
further, That notwithstanding such section 640, of the amount
provided for making payments under the Head Start Act, and in
addition to funds otherwise available under such section 640
for such purposes, $755,000,000 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 $16,000,000 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 $742,883,000
shall be for making payments under the CSBG Act: Provided
further, That $28,233,000 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
$8,000,000 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 $160,000,000 shall be
for carrying out section 303(a) of 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
the percentages specified in section 112(a)(2) of the Child
Abuse Prevention and Treatment Act shall not apply to funds
appropriated under this heading: 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
[[Page H1879]]
$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, $345,000,000 and, for carrying
out, except as otherwise provided, section 437 of such Act,
$99,765,000: Provided, That of the funds available to carry
out section 437, $59,765,000 shall be allocated consistent
with subsections (b) through (d) of such section (as such
section shall be so in effect on October 1, 2018): Provided
further, That of the funds available to carry out section
437, to assist in meeting the requirements described in
section 471(e)(4)(C) (as such section shall be so in effect
on October 1, 2018), $20,000,000 shall be for grants to each
State, territory, and Indian tribe operating title IV-E plans
for developing, enhancing, or evaluating kinship navigator
programs, as described in section 427(a)(1) of such Act, and
$20,000,000, in addition to funds otherwise appropriated in
section 436 for such purposes, shall be for competitive
grants to regional partnerships as described in section
437(f): Provided further, That section 437(b)(1) shall be
applied to amounts in the previous proviso by substituting
``5 percent'' for ``3.3 percent'', and notwithstanding
section 436(b)(1), such reserved amounts may be used for
identifying, establishing, and disseminating practices to
meet the criteria specified in section 471(e)(4)(C) (as such
section shall be so in effect on October 1, 2018): Provided
further, That the reservation in section 437(b)(2) and the
limitations in section 437(d) shall not apply to funds
specified in the second proviso: Provided further, That the
minimum grant award for kinship navigator programs in the
case of States and territories shall be $200,000, and, in the
case of tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, $6,225,000,000.
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, for the first quarter of fiscal
year 2019, $2,700,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), titles III and XXIX of
the PHS Act, sections 1252 and 1253 of the PHS Act, section
119 of the Medicare Improvements for Patients and Providers
Act of 2008, title XX-B of the Social Security Act, the
Developmental Disabilities Assistance and Bill of Rights Act,
parts 2 and 5 of subtitle D of title II of the Help America
Vote Act of 2002, the Assistive Technology Act of 1998,
titles II and VII (and section 14 with respect to such
titles) of the Rehabilitation Act of 1973, and for
Department-wide coordination of policy and program activities
that assist individuals with disabilities, $2,095,100,000,
together with $49,115,000 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 grants to
public and private entities 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
(including transfer of funds)
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 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, $182,381,000 shall remain available until
September 30, 2019, to be transferred in appropriate part
[[Page H1880]]
from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health
information technology, $60,367,000.
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, $993,458,000, of
which $536,700,000 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), $710,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $250,000,000; of
which $215,000,000 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 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be
used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the execution of a
contract awarded in fiscal year 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
[[Page H1881]]
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.
Sec. 219. (a) The Secretary shall publish in the fiscal
year 2020 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. 220. The Secretary shall publish, as part of the
fiscal year 2020 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 2020. Such information shall include, for each such
fiscal year, the amount of funds used for each activity
specified under the heading ``Health Insurance Exchange
Transparency'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 221. (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. 222. 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. 223. The Secretary shall include in the fiscal year
2020 budget justification an analysis of how section 2713 of
the PHS Act will impact eligibility for discretionary HHS
programs.
(transfer of funds)
Sec. 224. (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 explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated 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. 225. 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. 226. 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.
Sec. 227. 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.
(transfer of funds)
Sec. 228. The NIH Director may transfer funds specifically
appropriated for opioid addiction, opioid alternatives, pain
management, and addiction treatment to other Institutes and
Centers of the NIH to be used for the same purpose 15 days
after notifying the Committees on Appropriations: Provided,
[[Page H1882]]
That the transfer authority provided in the previous proviso
is in addition to any other transfer authority provided by
law.
Sec. 229. None of the funds made available by this Act to
carry out the Child Care and Development Block Grant Act of
1990 may be provided to any child care provider if a list of
providers (as mentioned in part 98 of title 45 of the Code of
Federal Regulations, applicable to the Department of Health
and Human Services, Administration of Children and Families,
and in the final rule published in the Federal Register, Vol.
81, No. 190, on Sept. 30, 2016) indicates that a serious
injury or death occurred at the provider due to a
substantiated health or safety violation.
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''), $16,443,790,000, of which $5,525,990,000 shall
become available on July 1, 2018, and shall remain available
through September 30, 2019, and of which $10,841,177,000
shall become available on October 1, 2018, and shall remain
available through September 30, 2019, for academic year 2018-
2019: Provided, That $6,459,401,000 shall be for basic
grants under section 1124 of the ESEA: Provided further,
That up to $5,000,000 of these funds shall be available to
the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2017, to obtain annually updated
local educational agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,362,301,000
shall be for concentration grants under section 1124A of the
ESEA: Provided further, That $3,969,050,000 shall be for
targeted grants under section 1125 of the ESEA: Provided
further, That $3,969,050,000 shall be for education finance
incentive grants under section 1125A of the ESEA: Provided
further, That $217,000,000 shall be for carrying out subpart
2 of part B of title II: Provided further, That $44,623,000
shall be for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VII of the
ESEA, $1,414,112,000, of which $1,270,242,000 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), $73,313,000 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,
$5,158,467,000, of which $3,329,902,000 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 $378,000,000 shall be for part B of title I:
Provided further, That $1,211,673,000 shall be for part B of
title IV: Provided further, That $36,397,000 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
$35,453,000 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 $52,000,000 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 $180,840,000 shall be for
part B of title V: Provided further, That $1,100,000,000
shall be available for grants under subpart 1 of part A of
title IV.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VI, part A of the ESEA,
$180,239,000, of which $67,993,000 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, D, and E and subparts 1
and 4 of part F of title IV of the ESEA, $982,256,000:
Provided, That $278,515,000 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 $583,741,000 shall be for parts C, D, and E 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 $50,000,000 to carry out
section 4304, of which not more than $10,000,000 shall be
available to carry out section 4304(k), $120,000,000, to
remain available through March 31, 2019, to carry out section
4305(b), and not more than $14,000,000 to carry out the
activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $120,000,000 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, $185,754,000: Provided,
That $90,000,000 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
$17,500,000 shall be available for section 4625: Provided
further, That $78,254,000 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
June 1, 2018, the Secretary shall award extension grants
under such section on a competitive basis to implementation
grantees that have demonstrated the ability to collect,
track, and report longitudinal data on performance indicators
established by the Department and required to be reported on
annually as part of the initial implementation grant;
demonstrated the most positive and promising results during
their initial implementation grant based on such indicators,
emphasizing getting children ready to learn; demonstrated a
commitment to operating in the most underserved and under-
resourced, including rural, areas; and propose continuing to
pursue 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, $13,366,184,000, of which
$3,845,585,000 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
[[Page H1883]]
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, $3,587,130,000, 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, $27,431,000.
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,
$73,000,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $128,000,000: Provided, That from
the total amount available, the University may at its
discretion use funds for the endowment program as authorized
under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
and the Adult Education and Family Literacy Act (``AEFLA''),
$1,830,686,000, of which $1,039,686,000 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, $24,445,352,000, 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 $5,035.
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,
$1,678,943,000, 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 under the current student loan
servicing contracts: Provided further, That in order to
promote accountability and high-quality service to borrowers,
the Secretary shall not award funding for any contract
solicitation for a new Federal student loan servicing
environment, including the solicitation for the FSA Next
Generation Processing and Servicing Environment as amended by
the Department of Education on February 20, 2018, unless such
an environment provides for the participation of multiple
student loan servicers that contract directly with the
Department of Education to manage a unique portfolio of
borrower accounts and the full life-cycle of loans from
disbursement to pay-off with certain limited exceptions, and
allocates student loan borrower accounts to eligible student
loan servicers based on performance: Provided further, That
such servicers described in the previous proviso shall be
evaluated based on their ability to meet contract
requirements, future performance on the contracts, and
history of compliance with applicable consumer protections
laws: Provided further, That to the extent Federal Student
Aid (FSA) permits student loan servicing subcontracting, FSA
shall hold such subcontractors accountable for meeting the
requirements of the contract: Provided further, That FSA
shall create a fee structure with contractors that provides
more support to borrowers at risk of being distressed.
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, $2,246,551,000: 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, $232,518,000, 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, $10,000,000 shall be made available to provide
for the deferment of loans made under part D of title III of
the HEA to eligible institutions that are private
Historically Black Colleges and Universities, which apply for
the deferment of such a loan and demonstrate financial need
for such deferment by having a score of 2.6 or less on the
Department of Education's financial responsibility test:
Provided, That during the
[[Page H1884]]
period of deferment of such a loan, interest on the loan will
not accrue or be capitalized, and the period of deferment
shall be for at least a period of 3-fiscal years and not more
than 6-fiscal years: Provided further, That when determining
priority for such institutions to receive such a deferment,
the Secretary shall give priority to institutions that
operated in a financial deficit for at least one of the
previous 5 years according to audits provided to the
Department, or were sanctioned for financial related reasons
by the agency or association that accredited such
institutions: Provided further, That the Secretary shall
create and execute an outreach plan to work with States and
the Capital Financing Advisory Board to improve outreach to
States and help additional public Historically Black Colleges
and Universities participate in the program.
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,
$613,462,000, 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: Provided,
That, notwithstanding any other provision of law, none of the
funds provided by this Act or provided by previous
Appropriations Acts to the Department of Education available
for obligation or expenditure in the current fiscal year may
be used for any activity relating to implementing a
reorganization that decentralizes, reduces the staffing
level, or alters the responsibilities, structure, authority,
or functionality of the Budget Service of the Department of
Education, relative to the organization and operation of the
Budget Service as in effect on January 1, 2018.
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, $61,143,000.
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
``$1,334,000,000''.
Sec. 311. (a) Notwithstanding any other provision of law
except as provided under subsection (c), with respect to a
local educational agency that was notified by the Secretary
in fiscal year 2017 of the agency's eligibility to receive a
basic support payment pursuant to section
7003(b)(2)(B)(i)(III) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(III)) for
fiscal year 2017 but did not receive a payment under section
7003(b)(2) of such Act for fiscal year 2017, in addition to
payments received by the local educational agency under
section 7003(b)(1) of such Act, the Secretary shall reserve
from funds appropriated to carry out section 7003(b) of such
Act and make payments from such funds to such local
educational agency for fiscal years 2017, 2018, 2019, and
2020 in the following amounts:
(1) $3,000,000 for fiscal year 2017.
(2) $5,000,000 for fiscal year 2018.
(3) $4,000,000 for fiscal year 2019.
(4) $4,000,000 for fiscal year 2020.
(b) For fiscal year 2017, a local educational agency
described in subsection (a) shall not be eligible for a basic
support payment pursuant to section 7003(b)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)).
(c) For fiscal year 2018 and succeeding fiscal years, if a
local educational agency described in subsection (a) is
eligible to receive a basic support payment pursuant to
section 7003(b)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(b)(2)), the payment received by
the local educational agency shall be calculated under
section 7003(b)(2) of such Act and not under subsection (a).
(d) Section 7003(b)(2)(B) of the Elementary and Secondary
Education Act (20 U.S.C. 7703(b)(2)(B)) is amended--
(1) in clause (i)(III)--
(A) in item (aa), by striking ``and'' after the semicolon;
(B) in item (bb)(BB)--
(i) by inserting ``and received assistance for fiscal year
2017 pursuant to subparagraph (G)'' after ``not less than 65
percent''; and
(ii) by inserting ``and'' after the semicolon; and
(C) by adding at the end the following:
``(cc) received assistance under subparagraph (A) of
section 8003(b)(2), as such section was in effect on the day
before the date of enactment of the Every Student Succeeds
Act (Public Law 114-95; 129 Stat. 1802), for a fiscal year
prior to fiscal year 2017;''; and
(2) by striking clause (iii) and inserting the following:
``(iii) Eligibility.--
``(I) First time.--A local educational agency seeking a
payment under this paragraph for the first time shall apply
for and be determined eligible under clause (i) for 2
consecutive years before receiving such a payment, and shall
not receive such a payment for the first year of eligibility.
``(II) Resumption of eligibility.--A heavily impacted local
educational agency described in clause (i) that becomes
ineligible under such clause for 1 or more fiscal years may
resume eligibility for a basic support payment under this
paragraph for a subsequent fiscal year only if the agency
meets the requirements of clause (i) for that subsequent
fiscal year, except that such agency shall not receive a
basic support payment under this paragraph until the fiscal
year succeeding the fiscal year for which the eligibility
determination is made.''.
(e) Section 579(c)(2) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2145)
is amended, in the matter preceding subparagraph (A), by
striking ``for fiscal year 2017, 2018, or 2019,'' and
inserting ``for fiscal year 2017 and any succeeding fiscal
year,''.
Sec. 312. For the purpose of providing temporary emergency
impact aid for displaced students under the Hurricane
Education Recovery heading in title VIII of subdivision 1 of
division B of the Bipartisan Budget Act of 2018 (Public Law
115-123), paragraph (2)(E) under such heading is amended by
inserting
[[Page H1885]]
before the semicolon at the end the following: ``and each
reference to the end of the 2005-2006 school year in section
107(f) of title IV of division B of Public Law 109-148, shall
be to December 31, 2018''.
Sec. 313. (a) Notwithstanding the limitations on sharing
data described in paragraph (3)(E) of section 483(a) of the
HEA, an institution of higher education may, with explicit
written consent of an applicant who has completed a FAFSA
under such section 483(a), provide such information collected
from the applicant's FAFSA as is necessary to a scholarship
granting organization, including a tribal organization
(defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)), designated by the
applicant to assist the applicant in applying for and
receiving financial assistance for the applicant's cost of
attendance (defined in section 472 of the HEA) at that
institution.
(b) An organization that receives information pursuant to
subsection (a) shall not sell or otherwise share such
information.
(c) This section shall be in effect until title IV of the
HEA is reauthorized.
Sec. 314. (a) In General.--For the purpose of carrying out
section 435(a)(2) of the Higher Education Act of 1965 (20
U.S.C. 1085(a)(2)), the Secretary of Education may waive the
requirements under sections 435(a)(5)(A)(i) and
435(a)(5)(A)(ii) of such Act (20 U.S.C. 1085(a)(5)(A)(i) and
20 U.S.C. 1085(a)(5)(A)(ii))--
(1) for an institution of higher education that offers an
associate degree, is a public institution, and is located in
an economically distressed county, defined as a county that
ranks in the lowest 5 percent of all counties in the United
States based on a national index of county economic status;
and
(2) for an institution--
(A) that is a public institution of higher education or a
Tribal College or University (as defined in section 316(b) of
such Act (20 U.S.C. 1059c)); and
(B) whose fall enrollment for the most recently completed
academic year was comprised of a majority of students who are
Indian (as defined in such section) or Alaska Natives (as
defined in section 317(b) of such Act (20 U.S.C. 1059d(b)).
(b) Applicability.--Subsection (a) shall apply to an
institution of higher education that otherwise would be
ineligible to participate in a program under part A of title
IV of the Higher Education Act of 1965 on or after the date
of enactment of this Act due to the application of section
435(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1085(a)(2)).
(c) Coverage.--This section shall be in effect for the
period covered by this Act and for the succeeding fiscal
year.
Sec. 315. For an additional amount for ``Department of
Education--Federal Direct Student Loan Program Account'',
$350,000,000, to remain available until expended, shall be
for the cost, as defined under section 502 of the
Congressional Budget Act of 1974, of the Secretary of
Education providing loan cancellation in the same manner as
under section 455(m) of the Higher Education Act of 1965 (20
U.S.C. 1087e(m)), for borrowers of loans made under part D of
title IV of such Act who would qualify for loan cancellation
under section 455(m) except some, or all, of the 120 required
payments under section 455(m)(1)(A) do not qualify for
purposes of the program because they were monthly payments
made in accordance with graduated or extended repayment plans
as described under subparagraph (B) or (C) of section
455(d)(1) or the corresponding repayment plan for a
consolidation loan made under section 455(g) and that were
less than the amount calculated under section 455(d)(1)(A),
based on a 10-year repayment period: Provided, That the
monthly payment made 12 months before the borrower applied
for loan cancellation as described in the matter preceding
this proviso and the most recent monthly payment made by the
borrower at the time of such application were each not less
than the monthly amount that would be calculated under, and
for which the borrower would otherwise qualify for, clause
(i) or (iv) of section 455(m)(1)(A) regarding income-based or
income-contingent repayment plans, with exception for a
borrower who would have otherwise been eligible under this
section but demonstrates an unusual fluctuation of income
over the past 5 years: Provided further, That the total loan
volume, including outstanding principal, fees, capitalized
interest, or accrued interest, at application that is
eligible for such loan cancellation by such borrowers shall
not exceed $500,000,000: Provided further, That the
Secretary shall develop and make available a simple method
for borrowers to apply for loan cancellation under this
section within 60 days of enactment of this Act: Provided
further, That the Secretary shall provide loan cancellation
under this section to eligible borrowers on a first-come,
first-serve basis, based on the date of application and
subject to both the limitation on total loan volume at
application for such loan cancellation specified in the
second proviso and the availability of appropriations under
this section: Provided further, That no borrower may, for
the same service, receive a reduction of loan obligations
under both this section and section 428J, 428K, 428L, or 460
of such Act.
Sec. 316. Of the amounts made available under this title
under the heading ``Student Aid Administration'', $2,300,000
shall be used by the Secretary of Education to conduct
outreach to borrowers of loans made under part D of title IV
of the Higher Education Act of 1965 who may intend to qualify
for loan cancellation under 455(m) of such Act (20 U.S.C.
1087e(m)), to ensure that borrowers are meeting the terms and
conditions of such loan cancellation: Provided, That the
Secretary shall specifically conduct outreach to assist
borrowers who would qualify for loan cancellation under
455(m) of such Act except that the borrower has made some, or
all, of the 120 required payments under a repayment plan that
is not described under section 455(m)(A) of such Act, to
encourage borrowers to enroll in a qualifying repayment plan:
Provided further, That the Secretary shall also communicate
to all Direct Loan borrowers the full requirements of 455(m)
of such Act and improve the filing of employment
certification by providing improved outreach and information
such as outbound calls, electronic communications, ensuring
prominent access to program requirements and benefits on each
servicer's website, and creating an option for all borrowers
to complete the entire payment certification process
electronically and on a centralized website.
children of fallen heroes scholarship act
Sec. 317. Section 473(b) of the Higher Education Act of
1965 (20 U.S.C. 1087mm(b)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting
``(in the case of a student who meets the requirement of
subparagraph (B)(i)), or academic year 2018-2019 (in the case
of a student who meets the requirement of subparagraph
(B)(ii)),'' after ``academic year 2009-2010''; and
(B) by amending subparagraph (B) to read as follows:
``(B) whose parent or guardian was--
``(i) a member of the Armed Forces of the United States and
died as a result of performing military service in Iraq or
Afghanistan after September 11, 2001; or
``(ii) actively serving as a public safety officer and died
in the line of duty while performing as a public safety
officer; and'';
(2) in paragraph (3)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(A) Armed forces.--Notwithstanding'';
(B) by striking ``paragraph (2)'' and inserting
``subparagraphs (A), (B)(i), and (C) of paragraph (2)''; and
(C) by adding at the end the following:
``(B) Public safety officers.--Notwithstanding any other
provision of law, unless the Secretary establishes an
alternate method to adjust the expected family contribution,
for each student who meets the requirements of subparagraphs
(A), (B)(ii), and (C) of paragraph (2), a financial aid
administrator shall--
``(i) verify with the student that the student is eligible
for the adjustment;
``(ii) adjust the expected family contribution in
accordance with this subsection; and
``(iii) notify the Secretary of the adjustment and the
student's eligibility for the adjustment.''; and
(3) by adding at the end the following:
``(4) Treatment of pell amount.--Notwithstanding section
1212 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796d-1), in the case of a student who
receives an increased Federal Pell Grant amount under this
section, the total amount of such Federal Pell Grant,
including the increase under this subsection, shall not be
considered in calculating that student's educational
assistance benefits under the Public Safety Officers'
Benefits program under subpart 2 of part L of title I of such
Act.
``(5) Definition of public safety officer.--For purposes of
this subsection, the term `public safety officer' means--
``(A) a public safety officer, as defined in section 1204
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796b); or
``(B) a fire police officer, defined as an individual who--
``(i) is serving in accordance with State or local law as
an officially recognized or designated member of a legally
organized public safety agency;
``(ii) is not a law enforcement officer, a firefighter, a
chaplain, or a member of a rescue squad or ambulance crew;
and
``(iii) provides scene security or directs traffic--
``(I) in response to any fire drill, fire call, or other
fire, rescue, or police emergency; or
``(II) at a planned special event.''.
Sec. 318. Notwithstanding any other provision of law funds
awarded under part D of title IV of the Elementary and
Secondary Education Act of 1965 for fiscal years 2017 and
2018 may be used for the purposes in section 4407(a)(9) of
such Act.
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, $8,250,000:
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
[[Page H1886]]
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''), $767,629,000, 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) $17,538,000
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) $32,000,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $5,400,000 shall be
available for expenses authorized under section 501(a)(4)(F)
of the 1990 Act, which, notwithstanding the provisions of
section 198P shall be awarded by CNCS on a competitive basis:
Provided further, That for the purposes of carrying out the
1990 Act, satisfying the requirements in section 122(c)(1)(D)
may include a determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $206,842,000, to
remain available until expended: Provided, That CNCS may
transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C
of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of
conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109,
and not to exceed $2,500 for official reception and
representation expenses, $83,737,000.
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, $240,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $8,480,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $12,545,000, 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
[[Page H1887]]
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, $123,500,000, 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:
Provided further, That $10,000,000, to remain available until
expended, shall be used to supplement, not supplant, existing
resources devoted to operations and improvements for the
Board's Information Technology Investment Initiatives.
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, $38,487,277,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That not more
than $101,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act, and remain available through September
30, 2020.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2019,
$19,500,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$12,753,945,000 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 $280,000,000 shall
remain available until expended for information technology
modernization, including related hardware and software
infrastructure and equipment, and for administrative expenses
directly associated with information technology
modernization: Provided further, That $100,000,000 shall
remain available through September 30, 2019, for activities
to address the disability hearings backlog within the Office
of Hearings Operations: 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.
[[Page H1888]]
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
[[Page H1889]]
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 explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated 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 any available amounts appropriated under
section 2104(a)(21) of the Social Security Act (42 U.S.C.
1397dd) that are unobligated as of September 25, 2018,
$3,572,000,000 are hereby rescinded as of such date.
Sec. 528. 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.
Sec. 529. Of the amounts deposited in the Child Enrollment
Contingency Fund for 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, $1,967,678,000 shall not be
available for obligation in this fiscal year.
(rescission)
Sec. 530. 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. 531. Any unobligated balances of available amounts
appropriated under section 108 of Public Law 111-3, as
amended, other than amounts subject to section 210(f) of the
Social Security Act, are hereby rescinded.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2018''.
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate,
$39,920; Majority Whip of the Senate, $9,980; Minority Whip
of the Senate, $9,980; President Pro Tempore Emeritus,
$15,000; Chairmen of the Majority and Minority Conference
Committees, $4,690 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $4,690 for each
Chairman; in all, $189,840.
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all,
$28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including
[[Page H1890]]
agency contributions, $194,867,812, which shall be paid from
this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,417,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $723,466.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus,
$309,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders,
$5,255,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,359,424.
committee on appropriations
For salaries of the Committee on Appropriations,
$15,142,000.
conference committees
For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,658,000 for each such
committee; in all, $3,316,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $817,402.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,692,905 for each such
committee; in all, $3,385,810.
office of the chaplain
For Office of the Chaplain, $436,886.
office of the secretary
For Office of the Secretary, $25,132,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$78,565,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,810,000.
agency contributions and related expenses
For agency contributions for employee benefits, as
authorized by law, and related expenses, $54,198,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,115,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,147,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$7,110; Sergeant at Arms and Doorkeeper of the Senate,
$7,110; Secretary for the Majority of the Senate, $7,110;
Secretary for the Minority of the Senate, $7,110; in all,
$28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $133,265,000, of which $26,650,000 shall remain
available until September 30, 2020.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on
International Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$10,536,000 of which $7,036,000 shall remain available until
September 30, 2022 and of which $4,100,000 shall remain
available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $130,076,000, which shall remain
available until September 30, 2022.
miscellaneous items
For miscellaneous items, $18,870,349 which shall remain
available until September 30, 2020.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense
Account, $424,000,000 of which $20,128,950 shall remain
available until September 30, 2020.
official mail costs
For expenses necessary for official mail costs of the
Senate, $300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading
``SENATE'' under the heading ``Contingent Expenses of the
Senate'' under the heading ``senators' official personnel and
office expense account'' shall be available for obligation
only during the fiscal year or fiscal years for which such
amounts are made available. Any unexpended balances under
such allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance
with the undesignated paragraph under the center heading
``GENERAL PROVISION'' under chapter XI of the Third
Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and used
for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing
the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
senate procurements
Sec. 102. Section 6102 of title 41, United States Code, is
amended by adding at the end the following:
``(i) Senate.--Section 6101 of this title does not apply to
agreements, contracts or purchases by any office of the
Senate.''.
student loan repayment for employees of departing senators and vice
presidents
Sec. 103. (a) Section 102 of the Legislative Branch
Appropriations Act, 2002 (2 U.S.C. 4579) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (3) through (7), respectively;
(B) by inserting before paragraph (3), as so redesignated,
the following:
``(1) Departure date.--The term `departure date' means the
earlier of--
``(A) the date on which the term of a departing Senator or
Vice President ends; or
``(B) the date on which the departing Senator or Vice
President will retire or resign.
``(2) Departing senator or vice president.--The term
`departing Senator or Vice President' means a Senator or Vice
President who will not serve in the next term due to
retirement, resignation, a decision to not seek reelection,
or a failure to secure reelection.''; and
(C) in paragraph (3)(B), as so redesignated, by striking
``rate of basic pay for an employee for a position at ES-1''
and all that follows and inserting ``rate of basic pay
payable for a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code.'';
(2) in subsection (b)(1)(A)(ii), by striking ``1-year'';
(3) in subsection (c)(1)--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
the term''; and
(B) by adding at the end the following:
``(B) Departing senators and vice presidents.--After the
date that is 1 year before the departure date of a departing
Senator or Vice President, the departing Senator or Vice
President may enter into a service agreement under this
section with an eligible employee of the office of the
Senator or Vice President (including an eligible employee who
has completed a required period of employment under a
previous service agreement) that includes a required period
of employment that--
``(i) is less than 1 year; and
``(ii) shall end on the last day of the last full pay
period ending on or before the departure date of the
departing Senator or Vice President.'';
(4) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``or'' at the end;
(ii) in subparagraph (B), by striking ``under subsection
(f)(7).'' and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) the agreement is terminated as provided under
subsection (f)(7)(A); or
``(D) the employee separates from service with the office
of a departing Senator or Vice President.''; and
(B) in paragraph (3), by inserting ``(including a required
period of employment described in subsection (c)(1)(B))''
after ``required period of employment''; and
(5) in subsection (f), by striking paragraph (7) and
inserting the following:
``(7) Change in payments.--
``(A) Reduction.--
``(i) In general.--Notwithstanding the terms of a service
agreement under this section, the head of an employing office
may reduce the amount of student loan payments made under the
agreement if adequate funds are not available to such office.
``(ii) Notice.--If the head of an employing office decides
to reduce the amount of student loan payments to an eligible
employee under clause (i)--
``(I) the employing office shall concurrently notify the
eligible employee and the Secretary of the Senate of the
reduction; and
``(II) not later than 30 days after the date of the
concurrent notice, the eligible employee may terminate the
service agreement.
``(B) Increase.--Notwithstanding the terms of a service
agreement under this section, the head of an employing
office, with the consent of an eligible employee, may
increase the amount of student loan payments
[[Page H1891]]
made under the agreement with the eligible employee, if--
``(i) the office has adequate funds available for the
purpose of agreements under this section;
``(ii) the amount of the increased payment does not exceed
the limitations under this section; and
``(iii) the total amount of the loan payments to be made
(including such increase) during the remainder of the
required period of employment does not exceed the amount of
student loan indebtedness of the eligible employee as of the
date of the increase.''.
(b) The amendments made by this section shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to a service agreement under section 102 of the
Legislative Branch Appropriations Act, 2002 (2 U.S.C. 4579)
that is in effect on the date of enactment of this Act or
entered into on or after the date of enactment of this Act.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,200,000,766, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law,
$22,278,891, including: Office of the Speaker, $6,645,417,
including $25,000 for official expenses of the Speaker;
Office of the Majority Floor Leader, $2,180,048, including
$10,000 for official expenses of the Majority Leader; Office
of the Minority Floor Leader, $7,114,471, including $10,000
for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,886,632, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the
Chief Deputy Minority Whip, $1,459,639, including $5,000 for
official expenses of the Minority Whip; Republican
Conference, $1,505,426; Democratic Caucus, $1,487,258:
Provided, That such amount for salaries and expenses shall
remain available from January 3, 2018 until January 2, 2019.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$562,632,498.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $127,053,373:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2018, except that
$3,150,200 of such amount shall remain available until
expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $23,226,000, including studies and
examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance
with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for
services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31,
2018.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $204,356,000, including: for salaries and
expenses of the Office of the Clerk, including the positions
of the Chaplain and the Historian, and including not more
than $25,000 for official representation and reception
expenses, of which not more than $20,000 is for the Family
Room and not more than $2,000 is for the Office of the
Chaplain, $27,945,000; for salaries and expenses of the
Office of the Sergeant at Arms, including the position of
Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official
representation and reception expenses, $20,505,000 of which
$6,696,000 shall remain available until expended; for
salaries and expenses of the Office of the Chief
Administrative Officer including not more than $3,000 for
official representation and reception expenses, $132,865,000,
of which $2,108,000 shall remain available until expended;
for salaries and expenses of the Office of the Inspector
General, $4,968,000; for salaries and expenses of the Office
of General Counsel, $1,492,000; for salaries and expenses of
the Office of the Parliamentarian, including the
Parliamentarian, $2,000 for preparing the Digest of Rules,
and not more than $1,000 for official representation and
reception expenses, $2,037,000; for salaries and expenses of
the Office of the Law Revision Counsel of the House,
$3,209,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $9,937,000; for salaries
and expenses of the Office of Interparliamentary Affairs,
$814,000; for other authorized employees, $584,000.
Allowances and Expenses
For allowances and expenses as authorized by House
resolution or law, $260,454,004, including: supplies,
materials, administrative costs and Federal tort claims,
$3,625,000; official mail for committees, leadership offices,
and administrative offices of the House, $190,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $233,040,004, to remain
available until March 31, 2019; Business Continuity and
Disaster Recovery, $16,186,000 of which $5,000,000 shall
remain available until expended; transition activities for
new members and staff, $2,273,000, to remain available until
expended; Wounded Warrior Program $2,750,000, to remain
available until expended; Office of Congressional Ethics,
$1,670,000; and miscellaneous items including purchase,
exchange, maintenance, repair and operation of House motor
vehicles, interparliamentary receptions, and gratuities to
heirs of deceased employees of the House, $720,000.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2018. Any amount remaining after all payments are
made under such allowances for fiscal year 2018 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to
prescribe regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in,
or a Delegate or Resident Commissioner to, the Congress.
delivery of bills and resolutions
Sec. 111. None of the funds made available in this Act may
be used to deliver a printed copy of a bill, joint
resolution, or resolution to the office of a Member of the
House of Representatives (including a Delegate or Resident
Commissioner to the Congress) unless the Member requests a
copy.
delivery of congressional record
Sec. 112. None of the funds made available by this Act may
be used to deliver a printed copy of any version of the
Congressional Record to the office of a Member of the House
of Representatives (including a Delegate or Resident
Commissioner to the Congress).
limitation on amount available to lease vehicles
Sec. 113. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount
that exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 114. None of the funds made available by this Act may
be used to provide an aggregate number of more than 50
printed copies of any edition of the United States Code to
all offices of the House of Representatives.
delivery of reports of disbursements
Sec. 115. None of the funds made available by this Act may
be used to deliver a printed copy of the report of
disbursements for the operations of the House of
Representatives under section 106 of the House of
Representatives Administrative Reform Technical Corrections
Act (2 U.S.C. 5535) to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress).
delivery of daily calendar
Sec. 116. None of the funds made available by this Act may
be used to deliver to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress) a printed copy of the Daily
Calendar of the House of Representatives which is prepared by
the Clerk of the House of Representatives.
delivery of congressional pictorial directory
Sec. 117. None of the funds made available by this Act may
be used to deliver a printed copy of the Congressional
Pictorial Directory to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress).
amending the house services revolving fund
Sec. 118. (a) Collection of Certain Service Fees.--Section
105(a) of the Legislative Branch Appropriations Act, 2005 (2
U.S.C. 5545(a)) is amended by adding at the end the following
new paragraph:
``(7) The collection of a service fee from vendors of the
Master Web Services Agreement or the Technology Services
Contract for failure to abide by and maintain House of
Representatives security policies.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
transfer of funds
Sec. 119. (a) Notwithstanding any other provision of law,
upon completion of the second fiscal year which begins after
the end of the period during which amounts appropriated under
any of the items under the heading ``House of
Representatives, Salaries and Expenses'' are available for
obligation or expenditure, any such amounts which remain
unobligated and unexpended shall be transferred to the
heading ``House of Representatives, Salaries and Expenses,
Allowances and Expenses'' and shall be available
[[Page H1892]]
until expended for purposes of House of Representatives
Business Continuity and Disaster Recovery.
(b) Subsection (a) does not apply to amounts appropriated
under the heading ``House of Representatives, Salaries and
Expenses, Members' Representational Allowances''.
(c) The Chief Administrative Officer of the House of
Representatives shall notify the Committee on Appropriations
of the House of Representatives prior to the obligation or
expenditure of any amounts transferred under subsection (a).
(d) This section shall apply with respect to amounts
appropriated for fiscal year 2018 or any succeeding fiscal
year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $11,169,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,780,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned
to the Office of the Attending Physician, which shall be
advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and
other expenses are payable and shall be available for all the
purposes thereof, $3,838,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,444,000, to be disbursed by the
Secretary of the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions
for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$351,700,000 of which overtime shall not exceed $45,000,000
unless the Committee on Appropriations of the House and
Senate are notified, to be disbursed by the Chief of the
Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and
reception expenses, $74,800,000, to be disbursed by the Chief
of the Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law
Enforcement Training Center for fiscal year 2018 shall be
paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $4,959,000, of which $450,000
shall remain available until September 30, 2019: Provided,
That not more than $500 may be expended on the certification
of the Executive Director of the Office of Compliance in
connection with official representation and reception
expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000
to be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $49,945,000.
Administrative Provision
contracting parity
Sec. 130. In fiscal year 2018 and thereafter, for all
contracts for goods and services to which the Congressional
Budget Office is a party, the following Federal Acquisition
Regulation (FAR) clauses will apply: FAR 52.232-39 and FAR
52.233-4.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for all
necessary expenses for surveys and studies, construction,
operation, and general and administrative support in
connection with facilities and activities under the care of
the Architect of the Capitol including the Botanic Garden;
electrical substations of the Capitol, Senate and House
office buildings, and other facilities under the jurisdiction
of the Architect of the Capitol; including furnishings and
office equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or
exchange, maintenance, and operation of a passenger motor
vehicle, $93,478,000.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $45,300,000, of which $19,458,000
shall remain available until September 30, 2022.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $13,333,000, of which
$3,195,000 shall remain available until September 30, 2022.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision
of the Architect of the Capitol, $101,614,000, of which
$38,937,000 shall remain available until September 30, 2022.
House Office Buildings
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $197,294,000, of
which $73,130,000 shall remain available until September 30,
2022, and of which $62,000,000 shall remain available until
expended for the restoration and renovation of the Cannon
House Office Building.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available
until expended.
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating,
power (including the purchase of electrical energy) and water
and sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds
about the same, Botanic Garden, Senate garage, and air
conditioning refrigeration not supplied from plants in any of
such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon
request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit
of this appropriation, $106,694,000, of which $28,057,000
shall remain available until September 30, 2022: Provided,
That not more than $9,000,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2018.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $74,873,000, of which $47,500,000
shall remain available until September 30, 2022.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computing Facility, and Architect of the Capitol
security operations, $34,249,000, of which $13,300,000 shall
remain available until September 30, 2022.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on
the Library, $13,800,000, of which $3,000,000 shall remain
available until September 30, 2022: Provided, That, of the
amount made available under this heading, the Architect of
the Capitol may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the
National Garden established under section 307E of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146),
upon vouchers approved by the Architect of the Capitol or a
duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $21,470,000.
[[Page H1893]]
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 140. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or
programs for which the contractor is behind schedule or over
budget, unless the Architect of the Capitol, or agency-
employed designee, determines that any such deviations are
due to unforeseeable events, government-driven scope changes,
or are not significant within the overall scope of the
project and/or program.
scrims
Sec. 141. None of the funds made available by this Act may
be used for scrims containing photographs of building facades
during restoration or construction projects performed by the
Architect of the Capitol.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by
the Board, $477,017,000, of which not more than $6,000,000
shall be derived from collections credited to this
appropriation during fiscal year 2018, and shall remain
available until expended, under the Act of June 28, 1902
(chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than
$350,000 shall be derived from collections during fiscal year
2018 and shall remain available until expended for the
development and maintenance of an international legal
information database and activities related thereto:
Provided, That the Library of Congress may not obligate or
expend any funds derived from collections under the Act of
June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
$6,350,000: Provided further, That of the total amount
appropriated, not more than $12,000 may be expended, on the
certification of the Librarian of Congress, in connection
with official representation and reception expenses for the
Overseas Field Offices: Provided further, That of the total
amount appropriated, $8,653,000 shall remain available until
expended for the digital collections and educational
curricula program: Provided further, That of the total
amount appropriated, $1,300,000 shall remain available until
expended for upgrade of the Legislative Branch Financial
Management System: Provided further, That of the total
amount appropriated, $10,000,000 is provided to enhance
public exhibits and visitor services at the Library; of which
$2,000,000 shall remain available until September 30, 2020
for planning, including developing direct and indirect cost
estimates in conjunction with the Architect of the Capitol;
and of which $8,000,000, to remain available until expended,
may be obligated and expended only upon written approval by
the Chair and ranking minority member of the Subcommittee on
the Legislative Branch of the Committee on Appropriations of
the House of Representatives and by the Chair and ranking
minority member of the Subcommittee on the Legislative Branch
of the Committee on Appropriations of the Senate, following
review of a project budget justification and cost estimate.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office,
$72,011,000, of which not more than $35,218,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2018 under
section 708(d) of title 17, United States Code: Provided,
That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$6,087,000 shall be derived from collections during fiscal
year 2018 under sections 111(d)(2), 119(b)(3), 803(e), 1005,
and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the
amount by which collections are less than $41,305,000:
Provided further, That $2,260,000 shall be derived from prior
year unobligated balances: Provided further, That not more
than $100,000 of the amount appropriated is available for the
maintenance of an ``International Copyright Institute'' in
the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in
intellectual property laws and policies: Provided further,
That not more than $6,500 may be expended, on the
certification of the Librarian of Congress, in connection
with official representation and reception expenses for
activities of the International Copyright Institute and for
copyright delegations, visitors, and seminars: Provided
further, That, notwithstanding any provision of chapter 8 of
title 17, United States Code, any amounts made available
under this heading which are attributable to royalty fees and
payments received by the Copyright Office pursuant to
sections 111, 119, and chapter 10 of such title may be used
for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of
salaries and benefits for the Copyright Royalty Judges and
staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated
Constitution of the United States of America, $119,279,000:
Provided, That no part of such amount may be used to pay any
salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either
the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration
of the Senate: Provided further, That this prohibition does
not apply to publication of non-confidential Congressional
Research Service (CRS) products: Provided further, That a
non-confidential CRS product includes any written product
containing research or analysis that is currently available
for general congressional access on the CRS Congressional
Intranet, or that would be made available on the CRS
Congressional Intranet in the normal course of business and
does not include material prepared in response to
Congressional requests for confidential analysis or research.
Books for the Blind and Physically Handicapped
salaries and expenses
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$51,498,000: Provided, That of the total amount
appropriated, $650,000 shall be available to contract to
provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 150. (a) In General.--For fiscal year 2018, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$190,642,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library
in appropriations Acts for the legislative branch.
revolving funds update
Sec. 151. The Library of Congress Fiscal Operations
Improvement Act of 2000 (2 U.S.C. 182a et seq.; Public Law
106-481) is amended--
(1) in section 102 (2 U.S.C. 182b)--
(A) in the section heading, by striking the heading and
inserting ``Revolving fund for sales shop and other
services''; and
(B) in subsection (a), by adding at the end the following:
``(5) Training.''; and
(2) in section 103(f)(1) (2 U.S.C. 182c(f)(1)), by
inserting ``tribal governments (as defined in 40 U.S.C.
502(c)(2)(B))'' after ``Federal Government,''.
gifts
Sec. 152. The first undesignated paragraph of section 4 of
the Act entitled ``An Act to create a Library of Congress
Trust Fund Board, and for other purposes'', approved March 3,
1925 (2 U.S.C. 160), is amended--
(1) in the first sentence--
(A) by striking ``of money for immediate disbursement'';
and
(B) by striking the period at the end and inserting ``, of
the following: (1) nonpersonal services; (2) voluntary and
uncompensated personal services not to exceed $10,000 per
person, per year in value; and (3) gifts or bequests of money
for immediate disbursement.''; and
(2) by adding the following sentence at the end of the
first paragraph: ``The Librarian shall make an annual public
report regarding gifts accepted under this section.''.
application of congressional accountability act of 1995 to the library
of congress; election of proceeding
Sec. 153. (a) Application of Congressional Accountability
Act of 1995 to the Library of Congress.--
(1) Application through definitions.--
(A) In general.--Section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301) is amended--
(i) in paragraph (3)--
(I) in subparagraph (H), by striking ``or'' at the end;
(II) in subparagraph (I), by striking the period and
inserting ``; or''; and
(III) by adding at the end the following:
``(J) the Library of Congress, except for section 220.'';
and
(ii) in paragraph (9)--
(I) in subparagraph (C), by striking ``or'' at the end;
(II) in subparagraph (D), by striking the period and
inserting ``; or''; and
(III) by adding at the end the following:
``(E) the Library of Congress, except for section 220.''.
(B) Public services and accommodations.--Section 210(a) of
the Congressional
[[Page H1894]]
Accountability Act of 1995 (2 U.S.C. 1331(a)) is amended--
(i) in paragraph (9), by striking ``and'' at the end;
(ii) in paragraph (10), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(11) the Library of Congress.''.
(C) Labor-management regulations.--Section 220(a) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1351(a))
is amended--
(i) in paragraph (2), in the paragraph heading, by striking
``(2) Definition.--'' and inserting ``(2) Application.--'' ;
and
(ii) by adding at the end the following:
``(3) Definitions.--For purposes of this section, the term
`covered employee' does not include an employee of the
Library of Congress, and the term `employing office' does not
include the Library of Congress.''.
(2) Conforming amendments to act.--The Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is
amended--
(A) in section 204(a)(2) (2 U.S.C. 1314(a)(2)), by striking
``and the Library of Congress'' each place it appears;
(B) in section 205(a)(2) (2 U.S.C. 1315(a)(2)), by striking
``and the Library of Congress'' each place it appears;
(C) in section 206(a)(2) (2 U.S.C. 1316(a)(2))--
(i) in subparagraph (B), by striking ``and the Library of
Congress''; and
(ii) in subparagraph (C), by striking ``and the Library of
Congress'';
(D) in section 215(a)(2) (2 U.S.C. 1341(a)(2))--
(i) in subparagraph (C), by striking ``, the Library of
Congress,''; and
(ii) in subparagraph (D), by striking ``and the Library of
Congress''; and
(E) in section 415(a) (2 U.S.C. 1415(a))--
(i) by striking the comma after ``General Accounting
Office'' and inserting ``or''; and
(ii) by striking ``, or the Library of Congress''.
(b) Election of Proceeding.--
(1) Procedure.--Section 401(3) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1401(3)) is amended--
(A) in the matter preceding subparagraph (A), by striking
``either'';
(B) in subparagraph (A), by striking ``or'' at the end;
(C) in subparagraph (B), by striking the period and
inserting ``, or''; and
(D) by adding at the end the following:
``(C) in the case of an Library claimant (as defined in
section 404(a)), a proceeding described in section 404(b)(3)
that relates to the violation at issue.''.
(2) Election.--Section 404 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1404) is amended--
(A) by striking ``Not'' and inserting the following:
``(b) Election After Proceedings Initially Brought Under
This Act.--Not''; and
(B) by inserting after the section heading the following:
``(a) Definitions.--In this section:
``(1) Direct act.--The term `direct Act' means an Act
(other than this Act), or provision of the Revised Statutes,
that is specified in section 201, 202, 203, or 210.
``(2) Direct provision.--The term `direct provision' means
a provision (including a definitional provision) of a direct
Act that applies the rights or protections of a direct Act
(including rights and protections relating to nonretaliation
or noncoercion) to a library claimant.
``(3) Library claimant.--The term `Library claimant'
means--
``(A) with respect to a direct provision (other than a
provision described in subparagraph (B)), an employee of the
Library of Congress who is covered by that direct provision,
and
``(B) with respect to a direct provision that applies the
rights or protections of title II or III of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12131 et seq., 12181
et seq.), an individual who is eligible to provide services
for or receive services from the Library of Congress and who
is covered by that provision.'';
(C) in subsection (b), as added by subparagraph (A) of this
paragraph--
(i) in the matter preceding paragraph (1), by striking
``may either'' and inserting ``who initially requested
counseling and mediation under this title may elect to'';
(ii) in paragraph (1), by striking ``or'' at the end;
(iii) in paragraph (2), by striking the period and
inserting ``, or''; and
``(3) in the case of a Library claimant, bring the claim,
complaint, or charge that is brought for a proceeding before
the corresponding Federal agency, under the corresponding
direct provision.''; and
(D) by adding at the end the following:
``(c) Election After Proceedings Initially Brought Under
Other Civil Rights or Labor Law.--A library claimant who
initially brings a claim, complaint, or charge under a direct
provision for a proceeding before a Federal agency may, prior
to requesting a hearing under the agency's procedures, elect
to--
``(1) bring any civil action relating to the claim,
complaint, or charge, that is available to the Library
claimant,
``(2) file a complaint with the Office in accordance with
section 405, or
``(3) file a civil action in accordance with section 408 in
the United States district court for the district in which
the employee is employed or for the District of Columbia.''.
(c) Prospective Applicability.--This section and the
amendments made by this section--
(1) shall take effect on the date of enactment of this
section; and
(2) shall apply to any charge, complaint, or claim, that is
made on or after the date of enactment of this section, of a
violation of--
(A) section 201, 202, 203, 207, or 210 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1311 et seq.); or
(B) a direct provision as defined in section 404(a) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1404) (as
added by subsection (b)).
equal access to congressional research service reports
Sec. 154. (a) Definitions.--
(1) CRS product.--In this section, the term ``CRS product''
means any final written work product of CRS containing
research or analysis in any format that is available for
general congressional access on the CRS Congressional
Intranet.
(2) CRS report.--
(A) In general.--In this section, the term ``CRS Report''
means any written CRS product, including an update to a
previous written CRS product, consisting of--
(i) a Congressional Research Service Report; or
(ii) a Congressional Research Service Authorization of
Appropriations Product and Appropriations Product, which is
available for general congressional access on the CRS
Congressional Intranet.
(B) Exclusions.--The term ``CRS Report'' does not include--
(i) any CRS product that is determined by the CRS Director
to be a confidential product or service because it was
prepared in response to a congressional request or requests
for confidential analysis or research and is not available
for general congressional access on the CRS Congressional
Intranet;
(ii) any Congressional Research Service Report or any
Congressional Research Service Authorization of
Appropriations Product and Appropriations Product reported or
produced before the effective date of this Act which, as of
such effective date, is not available for general
congressional access on the CRS Congressional Intranet; or
(iii) a written CRS product that has been made available by
CRS for publication on a public website maintained by the GPO
Director (other than the Website) or the Library of Congress.
(3) Other definitions.--In this section--
(A) the term ``CRS'' means the Congressional Research
Service;
(B) the term ``CRS Congressional Intranet'' means the
Website maintained by CRS at www.crs.gov, or a successor
website, for the purpose of providing to Members and
employees of Congress access to information from CRS;
(C) the term ``CRS Director'' means the Director of CRS;
(D) the term ``Librarian of Congress'' means the Librarian
of Congress appointed pursuant to 2 U.S.C. 136-1;
(E) the term ``Member of Congress'' includes a Delegate or
Resident Commissioner to Congress; and
(F) the term ``Website'' means the website established and
maintained under subsection (b).
(b) Availability of CRS Reports Through Library of Congress
Website.--
(1) Website.--
(A) Establishment and maintenance.--The Librarian of
Congress, in consultation with the CRS Director, shall
establish and maintain a public website containing CRS
Reports and an index of all CRS Reports contained on the
website, in accordance with this subsection.
(B) Format.--On the Website, CRS Reports shall be
searchable, sortable, and downloadable, including
downloadable in bulk.
(C) Free access.--Notwithstanding any other provision of
law, the Librarian of Congress may not charge a fee for
access to the Website.
(2) Updates; disclaimer.--The Librarian of Congress, in
consultation with the CRS Director, shall ensure that the
Website--
(A) is updated contemporaneously, automatically, and
electronically to include each new or updated CRS Report
released on or after the effective date of this section;
(B) shows the status of each CRS Report as new, updated, or
archived; and
(C) displays the following statement in reference to the
CRS Reports included on the Website: ``These documents were
prepared by the Congressional Research Service (CRS). CRS
serves as nonpartisan shared staff to congressional
committees and Members of Congress. It operates solely at the
behest of and under the direction of Congress. Information in
a CRS Report should not be relied upon for purposes other
than public understanding of information that has been
provided by CRS to Members of Congress in connection with
CRS's institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright
protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission
from CRS. However, as a CRS Report may include copyrighted
images or material from a third party, you may need to obtain
the permission of the copyright holder if you wish to copy or
otherwise use copyrighted material.''.
(3) Furnishing of necessary information and technology.--
The CRS Director shall consult with and provide assistance to
the Librarian of Congress to ensure--
[[Page H1895]]
(A) that the Librarian of Congress is provided with all of
the information necessary to carry out this section,
including all of the information described in clauses (i)
through (iv) of subsection (c)(1)(A), in such format and
manner as the Librarian of Congress considers appropriate;
and
(B) that CRS makes available any information and assistance
as may be necessary to facilitate the contemporaneous,
automatic, and electronic provision of CRS Reports to the
Librarian of Congress as required under this section.
(4) Nonexclusivity.--The Librarian of Congress may publish
other information on the Website.
(5) Alternative techniques.--The Librarian of Congress and
the CRS Director may use additional techniques to make CRS
Reports available to the public, if such techniques are
consistent with this section and any other applicable laws.
(6) Additional information.--The CRS Director is encouraged
to make additional CRS products that are not confidential
products or services available to the Librarian of Congress
for publication on the Website, and the Librarian of Congress
is encouraged to publish such CRS products on the Website.
(7) Expansion of contents of annual report to congress to
include information on efforts to make additional products
available on website.--Section 203(i) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 166(i)) is amended by
striking the period at the end and inserting the following:
``, and shall include in the report a description of the
efforts made by the Director to make additional Congressional
Research Service products that are not confidential products
or services available to the Librarian of Congress for
publication on the website established and maintained under
section 124 of the Legislative Branch Appropriations Act,
2018.''.
(c) Website Contents.--
(1) Specific requirements for reports posted on website.--
(A) Responsibilities of librarian of congress.--With
respect to each CRS Report included on the Website, the
Librarian of Congress shall include--
(i) the name and identification number of the CRS Report;
(ii) an indication as to whether the CRS Report is new,
updated, or archived;
(iii) the date of release of the CRS Report; and
(iv) any other information the Librarian of Congress, in
consultation with the CRS Director, considers appropriate.
(B) Responsibilities of crs director.--With respect to each
CRS Report included on the Website, the CRS Director shall,
prior to transmitting the Report to the Librarian of
Congress--
(i) at the discretion of the CRS Director, remove the name
of and any contact information for any employee of CRS; and
(ii) include in the CRS Report the following written
statement: ``This document was prepared by the Congressional
Research Service (CRS). CRS serves as nonpartisan shared
staff to congressional committees and Members of Congress. It
operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied
upon for purposes other than public understanding of
information that has been provided by CRS to Members of
Congress in connection with CRS's institutional role. CRS
Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS
Report may be reproduced and distributed in its entirety
without permission from CRS. However, as this CRS Report may
include copyrighted images or material from a third party,
you may need to obtain the permission of the copyright holder
if you wish to copy or otherwise use copyrighted material.''.
(2) Specific requirements for index on website.--The
Librarian of Congress shall ensure that the index of all CRS
Reports published on the Website is--
(A) comprehensive;
(B) contemporaneously updated;
(C) searchable;
(D) sortable;
(E) maintained in a human-readable format;
(F) maintained in a structured data format;
(G) downloadable; and
(H) inclusive of each item of information described in
paragraph (1)(A) with respect to each CRS Report.
(d) Conforming Amendment to Duties of CRS.--Section 203(d)
of the Legislative Reorganization Act of 1946 (2 U.S.C.
166(d)) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) to comply with the requirements of, and provide
information and technological assistance consistent with,
section 124 of the Legislative Branch Appropriations Act,
2018.''.
(e) Rules of Construction.--
(1) No effect on speech or debate clause.--Nothing in this
section may be construed to diminish, qualify, condition,
waive, or otherwise affect the applicability of clause 1 of
section 6 of article I of the Constitution of the United
States (commonly known as the ``Speech or Debate Clause'') or
any other privilege available to Congress or Members,
offices, or employees of Congress with respect to any CRS
Report made available online under this section.
(2) Confidential communications.--Nothing in this section
may be construed to waive the requirement that any
confidential communication by CRS to a Member, office, or
committee of Congress shall remain under the custody and
control of Congress and may be released only by Congress and
its Houses, Members, offices, and committees, in accordance
with the rules and privileges of each House and the
requirements of this section.
(3) Dissemination of crs products.--Nothing in this section
may be construed to limit or otherwise affect the ability of
a Member, office, or committee of Congress to disseminate CRS
products on a website of the Member, office, or committee or
to otherwise provide CRS products to the public, including as
part of constituent service activities.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2)(C),
this section and the amendments made by this section shall
take effect 90 days after the date on which the Librarian of
Congress submits the certification described in paragraph
(2)(B).
(2) Provision of information and technology.--
(A) CRS deadline.--Not later than 90 days after the date of
enactment of this Act, the CRS Director shall provide the
Librarian of Congress with the information necessary for the
Librarian of Congress to begin the initial operation of the
Website.
(B) Certification.--Upon provision of the information
described in subparagraph (A), the Librarian of Congress
shall submit to Congress a certification that the CRS
Director has provided the information necessary for the
Librarian of Congress to begin the initial operation of the
Website.
(C) Technical delays.--In the event of technical
difficulties encountered in planning or implementing the
requirements of this section and the amendments made by this
section, upon providing a detailed report submitted by the
Librarian of Congress or the CRS Director to the Committees
on Appropriations of the House and the Senate detailing the
nature of the technical difficulties and the timeline for
resolving such technical difficulties, the effective date
established by subsection (f)(1) shall be extended for up to
90 additional days.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and
the distribution of congressional information in any format;
publishing of Government publications authorized by law to be
distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to
be distributed without charge to the recipient, $79,528,000:
Provided, That this appropriation shall not be available for
paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners
or Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall
be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal
years: Provided further, That notwithstanding the 2-year
limitation under section 718 of title 44, United States Code,
none of the funds appropriated or made available under this
Act or any other Act for printing and binding and related
services provided to Congress under chapter 7 of title 44,
United States Code, may be expended to print a document,
report, or publication after the 27-month period beginning on
the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of
title 44, United States Code: Provided further, That any
unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may
be transferred to the Government Publishing Office Business
Operations Revolving Fund for carrying out the purposes of
this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate:
Provided further, That notwithstanding sections 901, 902, and
906 of title 44, United States Code, this appropriation may
be used to prepare indexes to the Congressional Record on
only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the
Office of Superintendent of Documents necessary to provide
for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress,
other Government agencies, and designated depository and
international exchange libraries as authorized by law,
$29,000,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized
for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2016 and 2017 to
depository and other designated libraries: Provided further,
That any unobligated or unexpended balances in this account
or accounts for similar purposes for preceding fiscal years
may be transferred to the Government Publishing Office
Business Operations Revolving
[[Page H1896]]
Fund for carrying out the purposes of this heading, subject
to the approval of the Committees on Appropriations of the
House of Representatives and Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business
Operations Revolving Fund, $8,540,000, to remain available
until expended, for information technology development and
facilities repair: Provided, That the Government Publishing
Office is hereby authorized to make such expenditures, within
the limits of funds available and in accordance with law, and
to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out
the programs and purposes set forth in the budget for the
current fiscal year for the Government Publishing Office
Business Operations Revolving Fund: Provided further, That
not more than $7,500 may be expended on the certification of
the Director of the Government Publishing Office in
connection with official representation and reception
expenses: Provided further, That the Business Operations
Revolving Fund shall be available for the hire or purchase of
not more than 12 passenger motor vehicles: Provided further,
That expenditures in connection with travel expenses of the
advisory councils to the Director of the Government
Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be
available for temporary or intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not more than the daily equivalent of the
annual rate of basic pay for level V of the Executive
Schedule under section 5316 of such title: Provided further,
That activities financed through the Business Operations
Revolving Fund may provide information in any format:
Provided further, That the Business Operations Revolving Fund
and the funds provided under the heading ``Public Information
Programs of the Superintendent of Documents'' may not be used
for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and
(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living
quarters in foreign countries, $578,916,653: Provided, That
of this amount $10,000,000 is provided for information
technology investments and building facility projects to
remain available until September 30, 2019: Provided further,
That, in addition, $23,800,000 of payments received under
sections 782, 791, 3521, and 9105 of title 31, United States
Code, shall be available without fiscal year limitation:
Provided further, That this appropriation and appropriations
for administrative expenses of any other department or agency
which is a member of the National Intergovernmental Audit
Forum or a Regional Intergovernmental Audit Forum shall be
available to finance an appropriate share of either Forum's
costs as determined by the respective Forum, including
necessary travel expenses of non-Federal participants:
Provided further, That payments hereunder to the Forum may be
credited as reimbursements to any appropriation from which
costs involved are initially financed: Provided further,
That this appropriation shall be available to transfer
amounts to the Department of the Army for the construction of
an Army facility at Redstone Arsenal for the sole, unlimited
use of GAO: Provided further, That hereafter, amounts
appropriated for the salaries and expenses of the Government
Accountability Office shall be available to transfer to the
Department of the Army for the maintenance of such facility.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center under section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151), $5,600,000:
Provided, That funds made available to support Russian
participants shall only be used for those engaging in free
market development, humanitarian activities, and civic
engagement, and shall not be used for officials of the
central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public
Service Development Trust Fund established under section 116
of the John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private
vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities
for the House of Representatives issued by the Committee on
House Administration and for the Senate issued by the
Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2018
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929
(46 Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act
for the various items of official expenses of Members,
officers, and committees of the Senate and House of
Representatives, and clerk hire for Senators and Members of
the House of Representatives shall be the permanent law with
respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available
to finance an appropriate share of LBFMC costs as determined
by the LBFMC, except that the total LBFMC costs to be shared
among all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices
of the House of Representatives and Senate, unless through
regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval
of the Capitol Police Board, guided tours of the United
States Capitol which are led by employees and interns
described in subsection (a) may be suspended temporarily or
otherwise subject to restriction for security or related
reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2018''.
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $923,994,000, to remain available until
September 30, 2022: Provided, That, of this amount, not to
exceed $101,470,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities,
[[Page H1897]]
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services
necessary for the purposes of this appropriation,
$1,553,275,000, to remain available until September 30, 2022:
Provided, That, of this amount, not to exceed $219,069,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,543,558,000, to
remain available until September 30, 2022: Provided, That,
of this amount, not to exceed $97,852,000 shall be available
for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the
Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $2,811,513,000,
to remain available until September 30, 2022: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That, of the
amount, not to exceed $210,717,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That the Director of the Missile
Defense Agency shall provide quarterly reports to the
congressional defense committees on the construction timeline
and obligations for the Poland Aegis Ashore complex.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$220,652,000, to remain available until September 30, 2022:
Provided, That, of the amount, not to exceed $16,271,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$171,491,000, to remain available until September 30, 2022:
Provided, That, of the amount, not to exceed $18,000,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $83,712,000, to remain
available until September 30, 2022: Provided, That, of the
amount, not to exceed $6,887,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $95,271,000, to remain available until September 30,
2022: Provided, That, of the amount, not to exceed
$24,430,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $73,535,000, to remain
available until September 30, 2022: Provided, That, of the
amount, not to exceed $4,725,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Air Force
Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That, the Chief of the Air Force Reserve shall take immediate
action to address unfunded military construction requirements
for access control points and security issues at Air Force
Reserve facilities.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $177,932,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$310,000,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$182,662,000, to remain available until September 30, 2022:
Provided, That none of the funds provided under this heading
for family housing construction may be expended for family
housing improvements on Kwajalein Atoll until the Secretary
of the Army certifies to the congressional defense committees
that the new housing units represent the best value to the
taxpayer and that no reasonable alternatives exist at a lower
cost.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $348,907,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $83,682,000, to remain available until September 30,
2022.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $328,282,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$85,062,000, to remain available until September 30, 2022.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $318,324,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $59,169,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $2,726,000, to remain available until expended, for
family
[[Page H1898]]
housing initiatives undertaken pursuant to section 2883 of
title 10, United States Code, providing alternative means of
acquiring and improving military family housing and
supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $623,000, to remain available until
expended, for unaccompanied housing initiatives undertaken
pursuant to section 2883 of title 10, United States Code,
providing alternative means of acquiring and improving
military unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller)
is to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of
[[Page H1899]]
the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10
percent of the total number of members of the regular and
reserve components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of
the Army, the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for
Army stationing actions.
Sec. 123. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 125. For an additional amount for the accounts and in
the amounts specified, to remain available until September
30, 2022:
``Military Construction, Army'', $93,800,000, of which
$25,000,000 is for planning and design;
``Military Construction, Navy and Marine Corps'',
$202,130,000, of which $25,000,000 is for planning and
design;
``Military Construction, Air Force'', $138,100,000, of
which $25,000,000 is for planning and design;
``Military Construction, Army National Guard'',
$113,500,000, of which $20,000,000 is for planning and
design;
``Military Construction, Air National Guard'', $52,000,000,
of which $20,000,000 is for planning and design;
``Military Construction, Army Reserve'', $76,000,000, of
which $20,000,000 is for planning and design; and
``Military Construction, Air Force Reserve'', $64,100,000,
of which $20,000,000 is for planning and design:
Provided, That such funds may only be obligated to carry
out construction projects identified in the respective
military department's unfunded priority list for fiscal year
2018 submitted to Congress: Provided further, That such
projects are subject to authorization prior to obligation and
expenditure of funds to carry out construction: Provided
further, That not later than 30 days after enactment of this
Act, the Secretary of the military department concerned, or
his or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
(rescissions of funds)
Sec. 126. Of the unobligated balances available to the
Department of Defense from prior appropriation Acts, the
following funds are hereby rescinded from the following
accounts in the amounts specified:
``NATO Security Investment Program'', $25,000,000; and
``Family Housing Construction, Army'', $18,000,000:
Provided, That no amounts may be rescinded from amounts
that were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Sec. 127. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the
Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
Senate, and the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
House of Representatives.
Sec. 128. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 129. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any
element of a United States Air Force Rapid Engineer
Deployable Heavy Operational Repair Squadron Engineer (RED
HORSE) outside of the United States until the Secretary of
the Air Force (1) completes an analysis and comparison of the
cost and infrastructure investment required to consolidate or
relocate a RED HORSE squadron outside of the United States
versus within the United States; (2) provides to the
Committees on Appropriations of both Houses of Congress
(``the Committees'') a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees
that the preferred site for the consolidation or relocation
yields the greatest savings for the Air Force: Provided,
That the term ``United States'' in this section does not
include any territory or possession of the United States.
Sec. 130. All amounts appropriated to ``Department of
Defense--Military Construction, Defense-Wide'' pursuant to
the authorization of appropriations in section 2403 of Public
Law 115-91, as specified for fiscal year 2018 in the funding
table in section 4601 of that Act, shall be immediately
available and allotted to contract for the full scope of
authorized projects.
Sec. 131. For an additional amount for ``Military
Construction, Army'', for the Defense Access Road Program,
$20,000,000, to remain available until expended: Provided,
That amounts made available under this section may not be
obligated or expended until the Secretary of the Army submits
to the Committees on Appropriations of the Senate and House
of Representatives a detailed expenditure plan 30 days after
enactment of this Act.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $95,768,462,000, to remain available until expended and
to become available on October 1, 2018: Provided, That not
to exceed $17,882,000 of the amount made available for fiscal
year 2019 under this heading shall be reimbursed to ``General
Operating Expenses, Veterans Benefits Administration'', and
``Information Technology Systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical Care Collections Fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $11,832,175,000, to remain available
until expended and to become available on October 1, 2018:
Provided, That expenses for rehabilitation program services
and assistance which the Secretary is authorized to provide
under subsection (a) of section 3104 of title 38, United
States Code, other than under paragraphs (1), (2), (5), and
(11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $121,529,000, to remain available until expended, of
which $109,090,000 shall become available on October 1, 2018.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That, during fiscal year 2018, within the resources
available, not to exceed $500,000 in gross obligations for
direct loans are authorized for specially adapted housing
loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $178,626,000.
vocational rehabilitation loans program account
For the cost of direct loans, $30,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,356,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $395,000, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,163,000.
[[Page H1900]]
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $2,910,000,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That, of the funds made
available under this heading, not to exceed 10 percent shall
remain available until September 30, 2019.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, aid to State homes
as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly
assistance allowances authorized by section 322(d) of title
38, United States Code, grants authorized by section 521A of
title 38, United States Code, and administrative expenses
necessary to carry out sections 322(d) and 521A of title 38,
United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$1,962,984,000, which shall be in addition to funds
previously appropriated under this heading that became
available on October 1, 2017; and, in addition,
$49,161,165,000, plus reimbursements, shall become available
on October 1, 2018, and shall remain available until
September 30, 2019: Provided, That, of the amount made
available on October 1, 2018, under this heading,
$1,400,000,000 shall remain available until September 30,
2020: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient
amounts appropriated under this heading for medical supplies
and equipment are available for the acquisition of
prosthetics designed specifically for female veterans.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $419,176,000, which shall
be in addition to funds previously appropriated under this
heading that became available on October 1, 2017; and, in
addition, $8,384,704,000, plus reimbursements, shall become
available on October 1, 2018, and shall remain available
until September 30, 2019: Provided, That, of the amount made
available on October 1, 2018, under this heading,
$2,000,000,000 shall remain available until September 30,
2022.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $100,000,000, which shall be in
addition to funds previously appropriated under this heading
that became available on October 1, 2017; and, in addition,
$7,239,156,000, plus reimbursements, shall become available
on October 1, 2018, and shall remain available until
September 30, 2019: Provided, That, of the amount made
available on October 1, 2018, under this heading,
$100,000,000 shall remain available until September 30, 2020.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services; $707,000,000, to remain
available until September 30, 2019, which shall be in
addition to funds previously appropriated under this heading
that became available on October 1, 2017; and, in addition,
$5,914,288,000, plus reimbursements, shall become available
on October 1, 2018, and shall remain available until
September 30, 2019: Provided, That, of the amount made
available on October 1, 2018, under this heading,
$250,000,000 shall remain available until September 30, 2020.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $722,262,000,
plus reimbursements, shall remain available until September
30, 2019: Provided, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this
heading are available for prosthetic research specifically
for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $306,193,000, of which not
to exceed 10 percent shall remain available until September
30, 2019.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $335,891,000, of
which not to exceed 10 percent shall remain available until
September 30, 2019: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $161,048,000, of which not to exceed 10 percent
shall remain available until September 30, 2019.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $4,055,500,000, plus reimbursements: Provided,
That $1,230,320,000 shall be for pay and associated costs, of
which not to exceed 5 percent shall remain available until
September 30, 2019: Provided further, That $2,496,650,000
shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30,
2019: Provided further, That $328,530,000 shall be for
information technology systems development, and shall remain
available until September 30, 2019: Provided further, That
amounts made available for information technology systems
development may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be
obligated and expended for each development project:
Provided further, That amounts made available for salaries
and expenses, operations and maintenance, and information
technology systems development may be transferred among the
three subaccounts after the Secretary of Veterans Affairs
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued: Provided further, That amounts made
available for the ``Information Technology Systems'' account
for development may be transferred among projects or to newly
defined projects: Provided further, That no project may be
increased or decreased by more than $1,000,000 of cost prior
to submitting a request to the
[[Page H1901]]
Committees on Appropriations of both Houses of Congress to
make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further,
That the funds made available under this heading for
information technology systems development shall be for the
projects, and in the amounts, specified under this heading in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation,
development, interface, management, rollout, and maintenance
of a Veterans Electronic Health Record system, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, and salaries and
expenses of employees hired under titles 5 and 38, United
States Code, $782,000,000, to remain available until
September 30, 2020: Provided, That the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress quarterly reports detailing
obligations, expenditures, and deployment implementation by
facility: Provided further, That the funds provided in this
account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $164,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2019.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$512,430,000, of which $432,430,000 shall remain available
until September 30, 2022, and of which $80,000,000 shall
remain available until expended: Provided, That except for
advance planning activities, including needs assessments
which may or may not lead to capital investments, and other
capital asset management related activities, including
portfolio development and management activities, and
investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, including needs assessments which
may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those
capital investments funded through this account and
contracting officers who manage specific major construction
projects, and funds provided for the purchase, security, and
maintenance of land for the National Cemetery Administration
through the land acquisition line item, none of the funds
made available under this heading shall be used for any
project that has not been notified to Congress through the
budgetary process or that has not been approved by the
Congress through statute, joint resolution, or in the
explanatory statement accompanying such Act and presented to
the President at the time of enrollment: Provided further,
That funds made available under this heading for fiscal year
2018, for each approved project shall be obligated: (1) by
the awarding of a construction documents contract by
September 30, 2018; and (2) by the awarding of a construction
contract by September 30, 2019: Provided further, That the
Secretary of Veterans Affairs shall promptly submit to the
Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for
which obligations are not incurred within the time
limitations established above: Provided further, That, of
the amount made available under this heading, $117,300,000
for Veterans Health Administration major construction
projects shall not be available until the Department of
Veterans Affairs--
(1) enters into an agreement with an appropriate non-
Department of Veterans Affairs Federal entity to serve as the
design and/or construction agent for any Veterans Health
Administration major construction project with a Total
Estimated Cost of $100,000,000 or above by providing full
project management services, including management of the
project design, acquisition, construction, and contract
changes, consistent with section 502 of Public Law 114-58;
and
(2) certifies in writing that such an agreement is executed
and intended to minimize or prevent subsequent major
construction project cost overruns and provides a copy of the
agreement entered into and any required supplementary
information to the Committees on Appropriations of both
Houses of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406 and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $342,570,000, to remain available until September 30,
2022, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of
state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $110,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2018 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2018, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support
and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
[[Page H1902]]
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2017.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2018, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program
during fiscal year 2018 that are available for dividends in
that program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2018 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management,
the Office of Employment Discrimination Complaint
Adjudication, the Office of Accountability and Whistleblower
Protection, and the Office of Diversity and Inclusion for all
services provided at rates which will recover actual costs
but not to exceed $47,668,000 for the Office of Resolution
Management, $3,932,000 for the Office of Employment
Discrimination Complaint Adjudication, $17,620,000 for the
Office of Accountability and Whistleblower Protection, and
$2,973,000 for the Office of Diversity and Inclusion:
Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems''
accounts for use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the
State of Alaska and Indian tribes and tribal organizations
which are party to the Alaska Native Health Compact with the
Indian Health Service, to provide healthcare, including
behavioral health and dental care, to veterans in rural
Alaska. The Secretary shall require participating veterans
and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term
``rural Alaska'' shall mean those lands which are not within
the boundaries of the municipality of Anchorage or the
Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, Major Projects'' and ``Construction,
Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a report on the financial status of the Department
of Veterans Affairs for the preceding quarter: Provided,
That, at a minimum, the report shall include the direction
contained in the paragraph entitled ``Quarterly reporting'',
under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and
``National Cemetery Administration'' accounts for fiscal year
2018 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers
may not result in a more than 10 percent aggregate increase
in the total amount made available by this Act for the
``Information Technology Systems'' account: Provided
further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2018 for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``Construction, Minor
Projects'', and ``Information Technology Systems'', up to
$297,137,000, plus reimbursements, may be transferred to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined
Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided,
That additional funds may be transferred from accounts
designated in this section to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary
of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress: Provided further, That section 222
of title II of division A of Public Law 114-223 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2018,
for ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical
Facilities'', up to $306,378,000, plus reimbursements, may be
transferred to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities
as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds
may be transferred from accounts designated in this section
to the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of
[[Page H1903]]
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571); and (2) for operations
of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2573), amounts transferred to the Joint Department
of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a
minimum of $15,000,000 shall be transferred to the DOD-VA
Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available
until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in a major construction project that total
at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That such
notification shall occur within 14 days of a contract
identifying the programmed amount: Provided further, That
the Secretary shall notify the Committees on Appropriations
of both Houses of Congress 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of
such savings.
Sec. 225. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the
original justification data provided to the Congress as part
of the request for appropriations unless the Secretary of
Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a quarterly report containing performance measures
and data from each Veterans Benefits Administration Regional
Office: Provided, That, at a minimum, the report shall
include the direction contained in the section entitled
``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying Public Law 114-223:
Provided further, That the report shall also include
information on the number of appeals pending at the Veterans
Benefits Administration as well as the Board of Veterans
Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $2,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2018 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2018, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of
Veterans Affairs for fiscal year 2018, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $7,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall
ensure that the toll-free suicide hotline under section
1720F(h) of title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action
that prohibits the Secretary of Veterans Affairs from
appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at
the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum, or other
action by the President; and
(ii) any agency policy, order, or other directive.
Sec. 233. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs (VA)
hospitals, domiciliaries, or clinics, conduct an
environmental assessment, or to diminish healthcare services
at existing Veterans Health Administration medical facilities
located in Veterans Integrated Service Network 23 as part of
a planned realignment of VA services until the Secretary
provides to the Committees on Appropriations of both Houses
of Congress a report including the following elements:
(1) a national realignment strategy that includes a
detailed description of realignment plans within each
Veterans Integrated Services Network (VISN), including an
updated Long Range Capital Plan to implement realignment
requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned
realignment, including the cost of replacing Veterans Health
Administration services with contract care or other
outsourced services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in
rural or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings'
condition and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation
Act; and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in
VISN 23, or any other VISN, which have been authorized or
approved by Congress.
Sec. 234. Section 8109(b) of title 38, United States Code,
is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) notwithstanding subsection (a) of section 1344 of
title 31, may use a passenger carrier (as such term is
defined in subsection (h)(1) of such section) to transport
such an employee between a parking facility and the medical
facility of the Department at which the employee works.''.
Sec. 235. None of the funds made available to the
Secretary of Veterans Affairs by this or any other Act may be
obligated or expended in contravention of the ``Veterans
Health Administration Clinical Preventive Services Guidance
Statement on the Veterans Health Administration's Screening
for Breast Cancer Guidance'' published on May 10, 2017, as
issued by the Veterans Health Administration National Center
for Health Promotion and Disease Prevention.
Sec. 236. (a) Notwithstanding any other provision of law,
the amounts appropriated
[[Page H1904]]
or otherwise made available to the Department of Veterans
Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of
a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States
Code, who has a service-connected disability that results in
the inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services
for the Benefit of Seriously or Severely Ill/Injured
(Category II or III) Active Duty Service Members'' issued by
the Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement such
policy, including any limitations on the amount of such
benefits available to such a member except that--
(A) the time periods regarding embryo cryopreservation and
storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
(B) such term includes embryo cryopreservation and storage
without limitation on the duration of such cryopreservation
and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under
the same terms as apply under the adoption reimbursement
program of the Department of Defense, as authorized in
Department of Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the
requirements for funds contained in section 508 of division H
of the Consolidated Appropriations Act, 2017 (Public Law 115-
31).
(rescission of funds)
Sec. 237. Of the unobligated balance of funds made
available in the sixth proviso under the heading ``Department
of Veterans Affairs--Veterans Health Administration--Medical
Services'' in title II of Division J of the Consolidated
Appropriations Act, 2016 (Public Law 114-113), $751,000,000
is hereby rescinded.
Sec. 238. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury,
Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2506); or (2) section
8110(a)(5) of title 38, United States Code.
Sec. 239. Section 842 of Public Law 109-115 shall not
apply to conversion of an activity or function of the
Veterans Health Administration, Veterans Benefits
Administration, or National Cemetery Administration to
contractor performance by a business concern that is at least
51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or
more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
Sec. 240. (a) Except as provided in subsection (b), the
Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Secretary of Labor, shall
discontinue using Social Security account numbers to identify
individuals in all information systems of the Department of
Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than 5 years after
the date of the enactment of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this
Act.
(b) The Secretary of Veterans Affairs may use a Social
Security account number to identify an individual in an
information system of the Department of Veterans Affairs if
and only if the use of such number is required to obtain
information the Secretary requires from an information system
that is not under the jurisdiction of the Secretary.
Sec. 241. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2018 and 2019 for ``Medical
Services'', section 239 of Division A of Public Law 114-223
shall apply.
Sec. 242. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund
to any other account within the Department of Veterans
Affairs.
(rescissions of funds)
Sec. 243. (a) Of the unobligated balance of funds made
available through September 30, 2018, under the heading
``Construction, Major Projects'' in division J of the
Consolidated Appropriations Act, 2014 (Public Law 113-76),
$10,000,000 is hereby rescinded.
(b) For an additional amount for ``Construction, Major
Projects'', $10,000,000, to remain available until September
30, 2023.
(c) Of the unobligated balance of funds made available
through September 30, 2019, under the heading ``Construction,
Major Projects'' in division I of the Consolidated and
Further Continuing Appropriations Act, 2015 (Public Law 113-
235), $410,000,000 is hereby rescinded.
(d) For an additional amount for ``Construction, Major
Projects'', $410,000,000, to remain available until September
30, 2024.
Sec. 244. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2018 and fiscal year
2019 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 245. (a) Section 204(c) of the Department of Veterans
Affairs Health Care Programs Enhancement Act of 2001 (Public
Law 107-135; 38 U.S.C. 1710 note) is amended--
(1) by inserting ``(1)'' before ``The program''; and
(2) by adding at the end the following new paragraph:
``(2) The program shall be carried out at not fewer than
two medical centers or clinics in each Veterans Integrated
Service Network by not later than December 31, 2019, and at
not fewer than 50 percent of all medical centers in each
Veterans Integrated Service Network by not later than
December 31, 2021.''.
(b)(1) Paragraph (6) of section 1701 of title 38, United
States Code, is amended by adding at the end the following
new subparagraph:
``(H) Chiropractic services.''.
(2) Paragraph (8) of such section is amended by inserting
``chiropractic,'' after ``counseling,''.
(3) Paragraph (9) of such section is amended--
(A) by redesignating subparagraphs (F) through (K) as
subparagraphs (G) through (L), respectively; and
(B) by inserting after subparagraph (E) the following new
subparagraph (F):
``(F) chiropractic examinations and services;''.
Sec. 246. (a) Pilot Program.--The Secretary of Veterans
Affairs shall carry out a pilot program to provide
educational assistance to certain former members of the Armed
Forces for education and training as physician assistants of
the Department of Veterans Affairs.
(b) Eligible Individuals.--An individual is eligible to
participate in the pilot program if the individual--
(1) has medical or military health experience gained while
serving as a member of the Armed Forces;
(2) has received a certificate, associate degree,
baccalaureate degree, master's degree, or postbaccalaureate
training in a science relating to health care; or
(3) has participated in the delivery of healthcare services
or related medical services, including participation in
military training relating to the identification, evaluation,
treatment, and prevention of diseases and disorders.
(c) Duration.--The pilot program shall be carried out
during the 5-year period beginning on the date that is 180
days after the date of the enactment of this Act.
(d) Selection.--
(1) The Secretary shall select eligible individuals under
subsection (b) to participate in the pilot program.
(2) In selecting individuals to participate in the pilot
program under paragraph (1), the Secretary shall give
priority to individuals who agree to be employed as a
physician assistant for the Veterans Health Administration at
a medical facility of the Department located in a community
that--
(A) is designated as a medically underserved population
under section 330(b)(3)(A) of the Public Health Service Act
(42 U.S.C. 254b(b)(3)(A)); and
(B) is in a State with a per capita population of veterans
of more than 5 percent according to the National Center for
Veterans Analysis and Statistics and the United States Census
Bureau.
(e) Educational Assistance.--In carrying out the pilot
program, the Secretary shall provide educational assistance
to individuals participating in the pilot program, including
through the use of scholarships, to cover the costs to such
individuals of obtaining a master's degree in physician
assistant studies or a similar master's degree.
(f) Period of Obligated Service.--The Secretary shall enter
into an agreement with each individual participating in the
pilot program in which such individual agrees to be employed
as a physician assistant for the Veterans Health
Administration for a period of obligated service to be
determined by the Secretary.
(g) Breach.--An individual who participates in the pilot
program and fails to satisfy the period of obligated service
under subsection (f) shall be liable to the United States, in
lieu of such obligated service, for the amount that has been
paid or is payable to or on behalf of the individual under
the pilot program, reduced by the proportion that the number
of days served for completion of the period of obligated
service bears to the total number of days in the period of
obligated service of such individual.
[[Page H1905]]
(h) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
collaboration with the Secretary of Labor, the Secretary of
Defense, and the Secretary of Health and Human Services,
shall submit to Congress a report on the pilot program's
effectiveness of helping to meet the shortage of physician
assistants employed by the Department.
Sec. 247. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2018 and 2019, section 248 of
Division A of Public Law 114-223 shall apply.
Sec. 248. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this
title to ensure that the ratio of veterans to full-time
employment equivalents within any program of rehabilitation
conducted under chapter 31 of title 38, United States Code,
does not exceed 125 veterans to one full-time employment
equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report
on the programs of rehabilitation conducted under chapter 31
of title 38, United States Code, including--
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff ratio for
each such program.
Sec. 249. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members
of Congress or their staff on any topic not otherwise
prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national
defense or the conduct of foreign affairs.
Sec. 250. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2018 and 2019, section 258 of
Division A of Public Law 114-223 shall apply.
Sec. 251. (a) In General.--Section 2402(a) of title 38,
United States Code, is amended by adding at the end the
following new paragraph:
``(10) Any individual--
``(A) who--
``(i) was naturalized pursuant to section 2(1) of the Hmong
Veterans' Naturalization Act of 2000 (Public Law 106-207; 8
U.S.C. 1423 note); and
``(ii) at the time of the individual's death resided in the
United States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to an individual dying on or after
the date of the enactment of this Act.
Sec. 252. The Secretary may carry out a 2-year pilot
program making grants to nonprofit veterans services
organizations recognized by the Secretary in accordance with
section 5902 of title 38, United States Code, to upgrade,
through construction and repair, VSO community facilities
into health and wellness centers and to promote and expand
complementary and integrative wellness programs: Provided,
That no single grant may exceed a total of $500,000:
Provided further, That the Secretary may not provide more
than 20 grants during the 2-year pilot program: Provided
further, That the recipient of a grant under this section may
not use the grant to purchase real estate or to carry out
repair of facilities leased by the recipient or to construct
facilities on property leased by the recipient: Provided
further, That the Secretary ensures that the grant recipients
use grant funds to construct or repair facilities located in
at least 10 different geographic locations in economically
depressed areas or areas designated as highly rural that are
not in close proximity to Department of Veterans Affairs
medical centers: Provided further, That the Secretary shall
report to the Committees on Appropriations of both Houses of
Congress no later than 180 days after enactment of this Act,
on the grant program established under this section.
Sec. 253. None of the funds appropriated in this or any
other Act for ``Grants for Construction of State Extended
Care Facilities'' may be used to award grants for
applications included in priority one of the priority list
for the first time which have been assigned a higher priority
ranking for fiscal year 2018 than unfunded applications which
met the eligibility requirements defined in section 8135(c)
of title 38, United States Code, in fiscal year 2017 and
continue to meet those requirements in fiscal year 2018:
Provided, That the Secretary may award grants for new
applications in fiscal year 2018 for projects that did not
meet eligibility requirements defined in section 8135(c) of
title 38, United States Code, in fiscal year 2017 only after
applications which met priority one eligibility requirements
in fiscal year 2017 and continue to meet those requirements
defined in section 8135(c) of title 38, United States Code,
have been funded: Provided further, That nothing in this
section shall preclude the Secretary from assigning a higher
priority ranking or funding a grant application to correct
conditions that threaten the life or safety of patients which
meet the criteria laid out in section 8135(c) of title 38,
United States Code.
Sec. 254. None of the funds appropriated or otherwise made
available by this Act may be used to conduct research using
canines unless: the scientific objectives of the study can
only be met by research with canines; the study has been
directly approved by the Secretary; and the study is
consistent with the revised Department of Veterans Affairs
canine research policy document released on December 18,
2017: Provided, That not later than 180 days after enactment
of this Act, the Secretary shall submit to the Committees on
Appropriations of both Houses of Congress a detailed report
outlining under what circumstances canine research may be
needed if there are no other alternatives, how often it was
used during that time period, and what protocols are in place
to determine both the safety and efficacy of the research.
Sec. 255. For an additional amount for the Department of
Veterans Affairs, $2,000,000,000 to remain available until
expended, for infrastructure improvements, including new
construction, and in addition to amounts otherwise made
available in this act for such purpose, of which:
(1) $1,000,000,000 shall be for ``Veterans Health
Administration--Medical Facilities'' to be used for non-
recurring maintenance;
(2) $425,000,000 shall be for ``Departmental
Administration--Construction, Minor Projects''; and,
(3) $575,000,000 shall be for ``Departmental
Administration--Grants for Construction of State Extended
Care Facilities'';
Provided, That the additional amounts appropriated for the
purposes of non-recurring maintenance and minor construction
may be used to carry out critical life-safety projects
identified in the Department's annual facility condition
assessments; sustainment projects; modernization projects;
infrastructure repair; renovations at existing Veterans
Health Administration medical centers and outpatient clinics;
and projects included in the Strategic Capital Investment
Process plan: Provided further, That the additional amounts
appropriated under this section may not be obligated or
expended until the Secretary of Veterans Affairs submits to
the Committees on Appropriations of both Houses of Congress,
and such Committees approve, a detailed expenditure plan,
including project descriptions and costs, for any non-
recurring maintenance, minor construction or State extended
care facility project being funded with the additional
amounts made available in this administrative provision.
Sec. 256. Subsection (d) of section 504 of the Veterans'
Benefits Improvement Act of 1996 (Public Law 104-275; 38
U.S.C. 5101 note), as amended, is further amended to read as
follows:
``(c) Source of Funds.--Expenses of carrying out the pilot
program under this section, including payments for pilot
program examination travel and incidental expenses under the
terms and conditions set forth by 38 U.S.C. 111, shall be
reimbursed to the accounts available for the general
operating expenses of the Veterans Benefits Administration
and information technology systems from amounts available to
the Secretary of Veterans Affairs for payment of compensation
and pensions.''.
Sec. 257. None of the funds made available by this Act may
be used to charge a veteran a fee for a veterans
identification card pursuant to section 5706(c) of title 38,
United States Code.
Sec. 258. (a) In General.--Subchapter II of chapter 17 of
title 38, United States Code, is amended by adding at the end
the following new section:
``Sec. 1712I. Mental and behavioral health care for certain
former members of the Armed Forces
``(a) In General.--The Secretary shall furnish to former
members of the Armed Forces described in subsection (b)--
``(1) an initial mental health assessment; and
``(2) the mental healthcare or behavioral healthcare
services authorized under this chapter that are required to
treat the mental or behavioral health care needs of the
former service members, including risk of suicide or harming
others.
``(b) Eligible Individuals.--A former member of the Armed
Forces described in this subsection is an individual who--
``(1) is a former member of the Armed Forces, including the
reserve components;
``(2) while serving in the active military, naval, or air
service, was discharged or released therefrom under a
condition that is not honorable but not--
``(A) a dishonorable discharge; or
``(B) a discharge by court-martial;
``(3) is not otherwise eligible to enroll in the health
care system established by section 1705 of this title; and
``(4)(A)(i) served in the Armed Forces for a period of more
than 100 cumulative days; and
``(ii) was deployed in a theater of combat operations, in
support of a contingency operation, or in an area at a time
during which hostilities are occurring in that area during
such service, including by controlling an unmanned aerial
vehicle from a location other than such theater or area; or
``(B) while serving in the Armed Forces, was the victim of
a physical assault of a sexual nature, a battery of a sexual
nature, or sexual harassment (as defined in section 1720D(f)
of this title).
``(c) Non-Department Care.--(1) In furnishing mental or
behavioral health care services to an individual under this
section, the Secretary may provide such mental or behavioral
health care services at a non-Department facility if--
``(A) in the judgment of a mental health professional
employed by the Department, the receipt of mental or
behavioral health care services by that individual in
facilities
[[Page H1906]]
of the Department would be clinically inadvisable; or
``(B) facilities of the Department are not capable of
furnishing such mental or behavioral health care services to
that individual economically because of geographical
inaccessibility.
``(2) The Secretary shall carry out paragraph (1) pursuant
to section 1703 of this title or any other provision of law
authorizing the Secretary to enter into contracts or
agreements to furnish hospital care and medical services to
veterans at non-Department facilities.
``(d) Setting and Referrals.--In furnishing mental and
behavioral health care services to individuals under this
section, the Secretary shall--
``(1) seek to ensure that such services are furnished in
settings that are therapeutically appropriate, taking into
account the circumstances that resulted in the need for such
services; and
``(2) provide referral services to assist former members
who are not eligible for services under this chapter to
obtain services from sources outside the Department.
``(e) Information.--The Secretary shall provide information
on the mental and behavioral health care services available
under this section. Efforts by the Secretary to provide such
information--
``(1) shall include notification of each eligible
individual described in subsection (b) about the eligibility
of the individual for covered mental and behavioral health
care under this section not later than the later of--
``(A) 180 days after the date of the enactment of the
Military Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2018; or
``(B) 180 days after the date on which the individual was
discharged or released from the active military, naval, or
air service;
``(2) shall include availability of a toll-free telephone
number (commonly referred to as an 800 number);
``(3) shall ensure that information about the mental health
care services available under this section--
``(A) is revised and updated as appropriate;
``(B) is made available and visibly posted at appropriate
facilities of the Department; and
``(C) is made available to State veteran agencies and
through appropriate public information services; and
``(4) shall include coordination with the Secretary of
Defense seeking to ensure that members of the Armed Forces
and individuals who are being separated from active military,
naval, or air service are provided appropriate information
about programs, requirements, and procedures for applying for
mental health care services under this section.
``(f) Annual Reports.--(1) Not less frequently than once
each year, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
the mental and behavioral health care services provided under
this section.
``(2) Each report submitted under paragraph (1) shall
include, with respect to the year preceding the submittal of
the report, the following:
``(A) The number of eligible individuals who were furnished
mental or behavioral health care services under this section,
disaggregated by the number of men who received such services
and the number of women who received such services.
``(B) The number of individuals who requested an initial
mental health assessment under subsection (a)(1).
``(C) Such other information as the Secretary considers
appropriate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 17 of title 38, United States Code, is
amended by inserting after the item relating to section 1720H
the following new item:
``1720I. Mental and behavioral health care for certain former members
of the Armed Forces.''.
Sec. 259. (a) In General.--Chapter 53 of title 38, United
States Code, is amended by inserting after section 5303A the
following new section:
``Sec. 5303B. Character of service determinations
``(a) Determination.--The Secretary shall establish a
process by which an individual who served in the Armed Forces
and was discharged or dismissed therefrom may seek a
determination from the Secretary with respect to whether such
discharge or release was under a condition that bars the
right of such individual to a benefit under the laws
administered by the Secretary based upon the period of
service from which discharged or dismissed.
``(b) Provision of Information.--If the Secretary
determines under subsection (a) that an individual is barred
to a benefit under the laws administered by the Secretary,
the Secretary shall provide to such individual information
regarding the ability of the individual to address such
condition, including pursuant to section 5303 of this title
and chapter 79 of title 10.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5303A the following new item:
``5303B. Character of service determinations.''.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$42,000 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$79,000,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
(including transfer of funds)
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$33,600,000: Provided, That, of the amount, up to $800,000
may be transferred to the General Services Administration for
planning and design of a courthouse, to include a feasibility
study: Provided further, That $2,580,000 shall be available
for the purpose of providing financial assistance as
described and in accordance with the process and reporting
procedures set forth under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $2,000 for official
reception and representation expenses, $80,800,000, of which
not to exceed $15,000,000 shall remain available until
September 30, 2020. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and
construction at Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, $167,000,000, to remain
available until expended, for planning and design and
construction associated with the Southern Expansion project
at Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$64,300,000, of which $1,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi: Provided, That of the amounts made
available under this heading from funds available in the
Armed Forces Retirement Home Trust Fund, $22,000,000 shall be
paid from the general fund of the Treasury to the Trust Fund.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'',
may be provided to Arlington County, Virginia, for the
relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for
ground burials.
Sec. 302. Amounts deposited into the special account
established under 10 U.S.C. 4727 are appropriated and shall
be available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $146,100,000, to remain available until September 30,
2022, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $33,248,000, to remain available until
September 30, 2022, for projects outside of the
[[Page H1907]]
United States: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'' $546,352,000, to remain available until September 30,
2022, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $24,300,000, to remain available until
September 30, 2022, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administrative Provisions
Sec. 401. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985
shall be available only if the President subsequently so
designates all such amounts and transmits such designations
to the Congress.
Sec. 402. Notwithstanding any other provision of law, the
Secretary of Defense is directed to provide the congressional
defense committees a future years defense program for funds
appropriated to the Department of Defense for construction
projects related to European Reassurance Initiative and
European Deterrence Initiative beginning in fiscal year 2018
and each subsequent fiscal year that funding is requested for
either initiative. Further, the Secretary of Defense is
directed to submit the future years defense program with each
fiscal year budget submission.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 504. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 506. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 507. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 508. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 509. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 510. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles
for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 512. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or
possessions to house any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the control
of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2018''.
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $5,744,440,000,
of which up to $654,553,000 may remain available until
September 30, 2019, and of which up to $1,380,752,000 may
remain available until expended for Worldwide Security
Protection: Provided, That funds made available under this
heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed
$700,000), as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948,
$2,770,673,000, of which up to $476,879,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,253,799,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress, general
administration, and arms control, nonproliferation and
disarmament activities as authorized, $794,561,000.
(4) Security programs.--For necessary expenses for security
activities, $925,407,000, of which up to $903,873,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $10,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor
vehicles as authorized by law and, pursuant to section
[[Page H1908]]
1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
(D) Funds appropriated under this heading that are
designated for Worldwide Security Protection shall continue
to be made available for support of security-related training
at sites in existence prior to the enactment of this Act.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $103,400,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$77,629,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to
post inspections: Provided, That of the funds appropriated
under this heading, $11,644,000 may remain available until
September 30, 2019.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized, $646,143,000, to remain available until
expended, of which not less than $240,000,000 shall be for
the Fulbright Program and not less than $111,360,000 shall be
for Citizen Exchange Program, including $4,125,000 for the
Congress-Bundestag Youth Exchange: Provided, That fees or
other payments received from, or in connection with, English
teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to
this account, to remain available until expended: Provided
further, That a portion of the Fulbright awards from the
Eurasia and Central Asia regions shall be designated as
Edmund S. Muskie Fellowships, following consultation with the
Committees on Appropriations: Provided further, That any
substantive modifications from the prior fiscal year to
programs funded by this Act under this heading shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $8,030,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $30,890,000, to remain available
until September 30, 2019.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the
Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $765,459,000, to
remain available until expended, of which not to exceed
$25,000 may be used for domestic and overseas representation
expenses as authorized: Provided, That none of the funds
appropriated in this paragraph shall be available for
acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States
Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,477,237,000,
to remain available until expended: Provided, That not later
than 45 days after enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations the
proposed allocation of funds made available under this
heading and the actual and anticipated proceeds of sales for
all projects in fiscal year 2018.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, as authorized, $7,885,000, to remain
available until expended, of which not to exceed $1,000,000
may be transferred to, and merged with, funds appropriated by
this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,440,856.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees
collected from other executive agencies for lease or use of
facilities at the International Center in accordance with
section 4 of the International Center Act (Public Law 90-
553), and, in addition, as authorized by section 5 of such
Act, $743,000, to be derived from the reserve authorized by
such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate,
conventions, or specific Acts of Congress, $1,371,168,000:
Provided, That the Secretary of State shall, at the time of
the submission of the President's budget to Congress under
section 1105(a) of title 31, United States Code, transmit to
the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of
the United Nations: Provided further, That the Secretary of
State shall notify the Committees on Appropriations at least
15 days in advance (or in an emergency, as far in advance as
is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget:
Provided further, That not later than June 1, 2018, and 30
days after the end of fiscal year 2018, the Secretary of
State shall report to the Committees on Appropriations any
credits attributable to the United States, including from the
United Nations Tax Equalization Fund, and provide updated
fiscal year 2018 and fiscal year 2019 assessment costs
including offsets from available credits and updated foreign
currency exchange rates: Provided further, That any such
credits shall only be available for United States assessed
contributions to the United Nations regular budget, and the
Committees on Appropriations shall be notified when such
credits are applied to any assessed contribution, including
any payment of arrearages: Provided further, That any
notification regarding funds appropriated or otherwise made
available under this heading in this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs submitted pursuant to
section 7015 of this Act, section 34 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2706), or any
operating plan submitted pursuant to section 7076 of this
Act, shall include an estimate of all known credits currently
attributable to the United States and provide updated
assessment costs including offsets from available credits and
updated foreign currency exchange rates: Provided further,
That any payment of arrearages under this heading shall be
directed to activities that are mutually agreed upon by the
United States and the respective international organization
and shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That
none of the funds appropriated under this heading shall be
available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $414,624,000, of which 15 percent shall remain
available until September 30, 2019: Provided, That none of
the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable), the
Committees on Appropriations are notified of: (1) the
estimated cost and duration of the mission, the objectives of
the mission, the national interest that will be served, and
the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the
cost of the new or expanded mission, and the estimated cost
in future fiscal years: Provided further, That none of the
funds appropriated under this heading may be made available
for obligation unless the Secretary of State certifies and
reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent
United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking
in persons, exploiting victims of trafficking, or committing
acts of sexual exploitation and abuse or other violations of
human rights, and to bring to justice individuals who engage
in such acts while participating in such mission, including
prosecution in their home countries and making information
about such prosecutions publicly available on the Web site of
the United Nations: Provided further, That the Secretary of
State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement
effective vetting procedures to ensure that such troops have
not violated human rights: Provided further, That funds
shall be
[[Page H1909]]
available for peacekeeping expenses unless the Secretary of
State determines that United States manufacturers and
suppliers are not being given opportunities to provide
equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of
the funds appropriated or otherwise made available under this
heading may be used for any United Nations peacekeeping
mission that will involve United States Armed Forces under
the command or operational control of a foreign national,
unless the President's military advisors have submitted to
the President a recommendation that such involvement is in
the national interest of the United States and the President
has submitted to Congress such a recommendation: Provided
further, That not later than June 1, 2018, and 30 days after
the end of fiscal year 2018, the Secretary of State shall
report to the Committees on Appropriations any credits
attributable to the United States, including those resulting
from United Nations peacekeeping missions or the United
Nations Tax Equalization Fund, and provide updated fiscal
year 2018 and fiscal year 2019 assessment costs including
offsets from available credits: Provided further, That any
such credits shall only be available for United States
assessed contributions to United Nations peacekeeping
missions, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed
contribution, including any payment of arrearages: Provided
further, That any notification regarding funds appropriated
or otherwise made available under this heading in this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs submitted pursuant
to section 7015 of this Act, section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or
any operating plan submitted pursuant to section 7076 of this
Act, shall include an estimate of all known credits currently
attributable to the United States and provide updated
assessment costs, including offsets from available credits:
Provided further, That any payment of arrearages with funds
appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall work with
the United Nations and members of the United Nations Security
Council to evaluate and prioritize peacekeeping missions, and
to consider a draw down when mission goals have been
substantially achieved.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$48,134,000.
construction
For detailed plan preparation and construction of
authorized projects, $29,400,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and the Border Environment Cooperation Commission as
authorized by the North American Free Trade Agreement
Implementation Act (Public Law 103-182), $13,258,000:
Provided, That of the amount provided under this heading for
the International Joint Commission, up to $500,000 may remain
available until September 30, 2019, and $9,000 may be made
available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $46,356,000: Provided, That the United States share of
such expenses may be advanced to the respective commissions
pursuant to section 3324 of title 31, United States Code.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants
for radio, Internet, and television broadcasting to the
Middle East, $797,986,000: Provided, That in addition to
amounts otherwise available for such purposes, up to
$34,508,000 of the amount appropriated under this heading may
remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than
$13,800,000 shall be for Internet freedom programs: Provided
further, That of the total amount appropriated under this
heading, not to exceed $35,000 may be used for representation
expenses, of which $10,000 may be used for such expenses
within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free
Europe/Radio Liberty: Provided further, That the BBG shall
notify the Committees on Appropriations within 15 days of any
determination by the BBG that any of its broadcast entities,
including its grantee organizations, provides an open
platform for international terrorists or those who support
international terrorism, or is in violation of the principles
and standards set forth in subsections (a) and (b) of section
303 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6202) or the entity's journalistic code of
ethics: Provided further, That significant modifications to
BBG broadcast hours previously justified to Congress,
including changes to transmission platforms (shortwave,
medium wave, satellite, Internet, and television), for all
BBG language services shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That in addition to funds made available
under this heading, and notwithstanding any other provision
of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts
from cooperating international organizations, and up to
$1,000,000 in receipts from privatization efforts of the
Voice of America and the International Broadcasting Bureau,
shall remain available until expended for carrying out
authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television,
and digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $9,700,000, to
remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain
available until expended.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act (22 U.S.C. 4601 et seq.), $37,884,000, to remain
available until September 30, 2019, which shall not be used
for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (22
U.S.C. 2078), the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2018, to
remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2018, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by section 5376 of title 5, United States
Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations,
including the restrictions on compensation for personal
services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452 note), all interest and earnings accruing to the
Israeli Arab Scholarship Fund on or before September 30,
2018, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $16,700,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act (22 U.S.C. 4412), $170,000,000,
to remain available until expended, of which $117,500,000
shall be allocated in the traditional and customary manner,
including for the core institutes, and $52,500,000 shall be
for democracy programs.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $675,000, as
authorized by chapter 3123 of title 54, United States Code:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph
(3) of section
[[Page H1910]]
312304(b) of such chapter: Provided further, That such
authority shall terminate on October 1, 2018: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by
title II of the International Religious Freedom Act of 1998
(22 U.S.C. 6431 et seq.), $4,500,000, to remain available
until September 30, 2019, including not more than $4,000 for
representation expenses: Provided, That prior to the
obligation of $1,000,000 of the funds appropriated under this
heading, the Commission shall consult with the appropriate
congressional committees on the steps taken to implement the
recommendations of the Independent Review of USCIRF Mission
Effectiveness that was conducted pursuant to the United
States Commission on International Religious Freedom
Reauthorization Act of 2015 (Public Law 114-71), and such
funds shall be subject to the regular notification procedures
of the Committees on Appropriations.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22
U.S.C. 3001 et seq.), $2,579,000, including not more than
$4,000 for representation expenses, to remain available until
September 30, 2019.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized
by title III of the U.S.-China Relations Act of 2000 (22
U.S.C. 6911 et seq.), $2,000,000, including not more than
$3,000 for representation expenses, to remain available until
September 30, 2019.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2019: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of
Public Law 111-117) shall continue in effect during fiscal
year 2018 and shall apply to funds appropriated under this
heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,189,609,000, of which up to $178,441,000 may remain
available until September 30, 2019: Provided, That none of
the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect
and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified
such proposed use of funds in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds
appropriated under this heading may entail commitments for
the expenditure of such funds through the following fiscal
year: Provided further, That the authority of sections 610
and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of
those sections: Provided further, That of the funds
appropriated or made available under this heading, not to
exceed $250,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be
available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID
during the current fiscal year.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $197,100,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available subject to
the regular notification procedures of the Committees on
Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$72,800,000, of which up to $10,920,000 may remain available
until September 30, 2019, for the Office of Inspector General
of the United States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $3,020,000,000, to
remain available until September 30, 2019, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall
be made available for training, equipment, and technical
assistance to build the capacity of public health
institutions and organizations in developing countries, and
for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; (6)
disaster preparedness training for health crises; (7)
programs to prevent, prepare for, and respond to,
unanticipated and emerging global health threats; and (8)
family planning/reproductive health: Provided further, That
funds appropriated under this paragraph may be made available
for a United States contribution to the GAVI Alliance:
Provided further, That none of the funds made available in
this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization
or program which, as determined by the President of the
United States, supports or participates in the management of
a program of coercive abortion or involuntary sterilization:
Provided further, That any determination made under the
previous proviso must be made not later than 6 months after
the date of enactment of this Act, and must be accompanied by
the evidence and criteria utilized to make the determination:
Provided further, That none of the funds made available
under this Act may be used to pay for the performance of
abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further,
That nothing in this paragraph shall be construed to alter
any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided
further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided
further, That in order to reduce reliance on abortion in
developing nations, funds shall be available only to
voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the USAID Administrator
determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso,
[[Page H1911]]
the Administrator shall submit to the Committees on
Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for
the Department of State, foreign operations, and related
programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further,
That information provided about the use of condoms as part of
projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of
such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,670,000,000, to remain available until September 30,
2022, which shall be apportioned directly to the Department
of State: Provided, That funds appropriated under this
paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25), for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria (Global
Fund), and shall be expended at the minimum rate necessary to
make timely payment for projects and activities: Provided
further, That the amount of such contribution should be
$1,350,000,000: Provided further, That clauses (i) and (vi)
of section 202(d)(4)(A) of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22
U.S.C. 7622) shall be applied with respect to such funds made
available for fiscal years 2015 through 2018 by substituting
``2004'' for ``2009'': Provided further, That up to 5
percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2018 may be made available to
USAID for technical assistance related to the activities of
the Global Fund, subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this paragraph,
up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for
administrative expenses of the Office of the United States
Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of
1961, $3,000,000,000, to remain available until September 30,
2019.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $2,696,534,000, to remain
available until expended.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency
for International Development, pursuant to section 491 of the
Foreign Assistance Act of 1961, $30,000,000, to remain
available until expended, to support transition to democracy
and long-term development of countries in crisis: Provided,
That such support may include assistance to develop,
strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the
peaceful resolution of conflict: Provided further, That the
USAID Administrator shall submit a report to the Committees
on Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the
Secretary of State determines that it is important to the
national interest of the United States to provide transition
assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That
funds made available pursuant to the previous proviso shall
be made available subject to prior consultation with the
Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 to support programs and
activities to prevent or respond to emerging or unforeseen
foreign challenges and complex crises overseas, $10,000,000,
to remain available until expended: Provided, That funds
appropriated under this heading may be made available on such
terms and conditions as are appropriate and necessary for the
purposes of preventing or responding to such challenges and
crises, except that no funds shall be made available for
lethal assistance or to respond to natural disasters:
Provided further, That funds appropriated under this heading
may be made available notwithstanding any other provision of
law, except sections 7007, 7008, and 7018 of this Act and
section 620M of the Foreign Assistance Act of 1961: Provided
further, That funds appropriated under this heading may be
used for administrative expenses, in addition to funds
otherwise available for such purposes, except that such
expenses may not exceed 5 percent of the funds appropriated
under this heading: Provided further, That funds
appropriated under this heading shall be subject to the
regular notification procedures of the Committees on
Appropriations, except that such notifications shall be
transmitted at least 5 days prior to the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $55,000,000 may be derived by transfer
from funds appropriated by this Act to carry out part I of
such Act and under the heading ``Assistance for Europe,
Eurasia and Central Asia'': Provided, That funds provided
under this paragraph and funds provided as a gift that are
used for purposes of this paragraph pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made
available only for micro- and small enterprise programs,
urban programs, and other programs which further the purposes
of part I of such Act: Provided further, That funds provided
as a gift that are used for purposes of this paragraph shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That such costs, including the cost of
modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That funds made
available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, and funds used for
such cost, including if the cost results in a negative
subsidy, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the
House Committee on International Relations on May 9, 1997,
shall be applicable to direct loans and loan guarantees
provided under this heading, except that the principal amount
of loans made or guaranteed under this heading with respect
to any single country shall not exceed $300,000,000:
Provided further, That these funds are available to subsidize
total loan principal, any portion of which is to be
guaranteed, of up to $1,750,000,000.
In addition, for administrative expenses to carry out
credit programs administered by USAID, $10,000,000, which may
be transferred to, and merged with, funds made available
under the heading ``Operating Expenses'' in title II of this
Act: Provided, That funds made available under this heading
shall remain available until September 30, 2020.
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$1,816,731,000, to remain available until September 30, 2019.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, including to carry out the purposes of section
502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$150,375,000, to remain available until September 30, 2019,
which shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds
appropriated under this heading that are made available to
the National Endowment for Democracy and its core institutes
are in addition to amounts otherwise available by this Act
for such purposes: Provided further, That the Assistant
Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations
prior to the obligation of funds appropriated under this
paragraph.
For an additional amount for such purposes, $65,125,000, to
remain available until September 30, 2019, which shall be
made available for the Bureau for Democracy, Conflict, and
Humanitarian Assistance, United States Agency for
International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act
(Public Law 102-511), and the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179),
$750,334,000, to remain available until September 30, 2019,
which shall be available, notwithstanding any other provision
of law, except section 7070 of this Act, for assistance and
related programs for countries identified in section 3 of
Public Law 102-511 (22 U.S.C. 5801) and section 3(c) of
Public Law 101-179 (22 U.S.C. 5402), in addition to funds
otherwise available for such
[[Page H1912]]
purposes: Provided, That funds appropriated by this Act
under the headings ``Global Health Programs'', ``Economic
Support Fund'', and ``International Narcotics Control and Law
Enforcement'' that are made available for assistance for such
countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to
section 102 of Public Law 102-511 and section 601 of Public
Law 101-179: Provided further, That funds appropriated under
this heading shall be considered to be economic assistance
under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in
that Act for the use of economic assistance.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to
enable the Secretary of State to carry out the provisions of
section 2(a) and (b) of the Migration and Refugee Assistance
Act of 1962, and other activities to meet refugee and
migration needs; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1980;
allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $927,802,000, to remain
available until expended, of which not less than $35,000,000
shall be made available to respond to small-scale emergency
humanitarian requirements, and $7,500,000 shall be made
available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $1,000,000, to remain
available until expended: Provided, That amounts in excess
of the limitation contained in paragraph (2) of such section
shall be transferred to, and merged with, funds made
available by this Act under the heading ``Migration and
Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501 et seq.), including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$410,000,000, of which $5,500,000 is for the Office of
Inspector General, to remain available until September 30,
2019: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may
not be derived from amounts made available for Peace Corps
overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may
be available for representation expenses, of which not to
exceed $4,000 may be made available for entertainment
expenses: Provided further, That any decision to open,
close, significantly reduce, or suspend a domestic or
overseas office or country program shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations, except that prior
consultation and regular notification procedures may be
waived when there is a substantial security risk to
volunteers or other Peace Corps personnel, pursuant to
section 7015(e) of this Act: Provided further, That none of
the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That notwithstanding
the previous proviso, section 614 of division E of Public Law
113-76 shall apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.)
(MCA), $905,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading,
up to $105,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation (MCC):
Provided further, That up to 5 percent of the funds
appropriated under this heading may be made available to
carry out the purposes of section 616 of the MCA for fiscal
year 2018: Provided further, That section 605(e) of the MCA
shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading
may be made available for a Millennium Challenge Compact
entered into pursuant to section 609 of the MCA only if such
Compact obligates, or contains a commitment to obligate
subject to the availability of funds and the mutual agreement
of the parties to the Compact to proceed, the entire amount
of the United States Government funding anticipated for the
duration of the Compact: Provided further, That the MCC
Chief Executive Officer shall notify the Committees on
Appropriations not later than 15 days prior to commencing
negotiations for any country compact or threshold country
program; signing any such compact or threshold program; or
terminating or suspending any such compact or threshold
program: Provided further, That funds appropriated under
this heading by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are available to implement section 609(g) of
the MCA shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That no country should be eligible for a threshold
program after such country has completed a country compact:
Provided further, That any funds that are deobligated from a
Millennium Challenge Compact shall be subject to the regular
notification procedures of the Committees on Appropriations
prior to re-obligation: Provided further, That
notwithstanding section 606(a)(2) of the MCA, a country shall
be a candidate country for purposes of eligibility for
assistance for the fiscal year if the country has a per
capita income equal to or below the World Bank's lower middle
income country threshold for the fiscal year and is among the
75 lowest per capita income countries as identified by the
World Bank; and the country meets the requirements of section
606(a)(1)(B) of the MCA: Provided further, That
notwithstanding section 606(b)(1) of the MCA, in addition to
countries described in the preceding proviso, a country shall
be a candidate country for purposes of eligibility for
assistance for the fiscal year if the country has a per
capita income equal to or below the World Bank's lower middle
income country threshold for the fiscal year and is not among
the 75 lowest per capita income countries as identified by
the World Bank; and the country meets the requirements of
section 606(a)(1)(B) of the MCA: Provided further, That any
MCC candidate country under section 606 of the MCA with a per
capita income that changes in the fiscal year such that the
country would be reclassified from a low income country to a
lower middle income country or from a lower middle income
country to a low income country shall retain its candidacy
status in its former income classification for the fiscal
year and the 2 subsequent fiscal years: Provided further,
That publication in the Federal Register of a notice of
availability of a copy of a Compact on the MCC Web site shall
be deemed to satisfy the requirements of section 610(b)(2) of
the MCA for such Compact: Provided further, That none of the
funds made available by this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs shall be available for a
threshold program in a country that is not currently a
candidate country: Provided further, That of the funds
appropriated under this heading, not to exceed $100,000 may
be available for representation and entertainment expenses,
of which not to exceed $5,000 may be available for
entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$22,500,000, to remain available until September 30, 2019:
Provided, That of the funds appropriated under this heading,
not to exceed $2,000 may be available for representation
expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h
et seq.), $30,000,000, to remain available until September
30, 2019, of which not to exceed $2,000 may be available for
representation expenses: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for
the purposes for which the grant was made: Provided further,
That notwithstanding section 505(a)(2) of the African
Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section
with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely
to foreign currency fluctuation: Provided further, That the
USADF shall submit a report to the appropriate congressional
committees after each time such waiver authority is
exercised: Provided further, That the USADF may make rent or
lease payments in advance from appropriations available for
such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions:
Provided further, That the USADF may maintain bank accounts
outside the United States Treasury and retain any interest
earned on such accounts, in furtherance of the purposes of
the African Development Foundation Act: Provided further,
That the USADF may not withdraw any appropriation from the
Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$30,000,000, to remain available until September 30, 2020:
Provided, That amounts made available under this heading may
be made available to contract for services as described in
section 129(d)(3)(A) of the Foreign Assistance Act of 1961,
without regard to the location in which such services are
performed.
[[Page H1913]]
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $950,845,000, to remain
available until September 30, 2019: Provided, That the
Department of State may use the authority of section 608 of
the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing
such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated
under this heading shall be made available to support
training and technical assistance for foreign law
enforcement, corrections, and other judicial authorities,
utilizing regional partners: Provided further, That funds
made available under this heading that are transferred to
another department, agency, or instrumentality of the United
States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $5,000,000, and
any agreement made pursuant to section 632(a) of such Act,
shall be subject to the regular notification procedures of
the Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$655,467,000, to remain available until September 30, 2019,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961,
section 504 of the FREEDOM Support Act, section 23 of the
Arms Export Control Act, or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That
the Secretary of State shall inform the appropriate
congressional committees of information regarding any
separate arrangements relating to the ``Road-map for the
Clarification of Past and Present Outstanding Issues
Regarding Iran's Nuclear Program'' between the IAEA and the
Islamic Republic of Iran, in classified form if necessary, if
such information becomes known to the Department of State:
Provided further, That funds made available under this
heading for the Nonproliferation and Disarmament Fund shall
be made available, notwithstanding any other provision of law
and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
to promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and
shall remain available until expended: Provided further,
That such funds may also be used for such countries other
than the Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be
made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to
participate in the activities of that Agency: Provided
further, That funds made available for conventional weapons
destruction programs, including demining and related
activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of such programs and activities,
subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$212,712,000: Provided, That funds appropriated under this
heading may be used, notwithstanding section 660 of such Act,
to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate
in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than
$31,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission
in the Sinai: Provided further, That none of the funds
appropriated under this heading shall be obligated except as
provided through the regular notification procedures of the
Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$110,875,000, of which up to $11,000,000 may remain available
until September 30, 2019: Provided, That the civilian
personnel for whom military education and training may be
provided under this heading may include civilians who are not
members of a government whose participation would contribute
to improved civil-military relations, civilian control of the
military, or respect for human rights: Provided further,
That of the funds appropriated under this heading, not to
exceed $55,000 may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $5,671,613,000: Provided, That to expedite the
provision of assistance to foreign countries and
international organizations, the Secretary of State,
following consultation with the Committees on Appropriations
and subject to the regular notification procedures of such
Committees, may use the funds appropriated under this heading
to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That
of the funds appropriated under this heading, not less than
$3,100,000,000 shall be available for grants only for Israel
which shall be disbursed within 30 days of enactment of this
Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading
shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less
than $815,300,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That funds
appropriated or otherwise made available under this heading
shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further,
That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph
(5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurement has first signed an agreement with the
United States Government specifying the conditions under
which such procurement may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented
through nongovernmental and international organizations:
Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize
funds made available under this heading for procurement of
defense articles, defense services, or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That
not more than $75,000,000 of the funds appropriated under
this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for
the general costs of administering military assistance and
sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees
on Appropriations: Provided further, That of the funds made
available under this heading for general costs of
administering military assistance and sales, not to exceed
$4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses:
Provided further, That not more than $950,000,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2018 pursuant to
section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973 (Public Law 93-188; 87 Stat. 713),
$339,000,000: Provided, That section 307(a) of the Foreign
Assistance Act of 1961 shall not apply to contributions to
the United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction
and Development as trustee
[[Page H1914]]
for the Global Environment Facility by the Secretary of the
Treasury, $139,575,000, to remain available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,097,010,000, to remain
available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian
Development Fund by the Secretary of the Treasury,
$47,395,000, to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock,
$32,418,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $171,300,000, to remain available
until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $5,700,000, of which up to $855,000 may
remain available until September 30, 2019.
program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to
make expenditures, contracts, or commitments for the export
of nuclear equipment, fuel, or technology to any country,
other than a nuclear-weapon state as defined in Article IX of
the Treaty on the Non-Proliferation of Nuclear Weapons
eligible to receive economic or military assistance under
this Act, that has detonated a nuclear explosive after the
date of the enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to
exceed $30,000 for official reception and representation
expenses for members of the Board of Directors, not to exceed
$110,000,000, of which up to $16,500,000 may remain available
until September 30, 2019: Provided, That the Export-Import
Bank (the Bank) may accept, and use, payment or services
provided by transaction participants for legal, financial, or
technical services in connection with any transaction for
which an application for a loan, guarantee or insurance
commitment has been made: Provided further, That the Bank
shall charge fees for necessary expenses (including special
services performed on a contract or fee basis, but not
including other personal services) in connection with the
collection of moneys owed the Bank, repossession or sale of
pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or
appraisal of any property, or the evaluation of the legal,
financial, or technical aspects of any transaction for which
an application for a loan, guarantee or insurance commitment
has been made, or systems infrastructure directly supporting
transactions: Provided further, That in addition to other
funds appropriated for administrative expenses, such fees
shall be credited to this account for such purposes, to
remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945 (Public Law 79-173) and the Federal Credit Reform Act
of 1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from
the General Fund shall be reduced on a dollar-for-dollar
basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund
estimated at $0: Provided further, That amounts collected in
fiscal year 2018 in excess of obligations, up to $10,000,000
shall become available on September 1, 2018, and shall remain
available until September 30, 2021.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code,
such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be
necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $79,200,000: Provided further, That project-
specific transaction costs, including direct and indirect
costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or
potential investors pursuant to section 234 of the Foreign
Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans as authorized
by section 234 of the Foreign Assistance Act of 1961,
$20,000,000, to be derived by transfer from the Overseas
Private Investment Corporation Noncredit Account, to remain
available until September 30, 2020: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That funds so obligated in fiscal
year 2018 remain available for disbursement through 2026;
funds obligated in fiscal year 2019 remain available for
disbursement through 2027; and funds obligated in fiscal year
2020 remain available for disbursement through 2028:
Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is
authorized to undertake any program authorized by title IV of
chapter 2 of part I of the Foreign Assistance Act of 1961 in
Iraq: Provided further, That funds made available pursuant
to the authority of the previous proviso shall be subject to
the regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$79,500,000, to remain available until September 30, 2019:
Provided, That of the funds appropriated under this heading,
not more than $5,000 may be available for representation and
entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United States Code; for services as authorized by
section 3109 of such title and for hire of passenger
transportation pursuant to section 1343(b) of title 31,
United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative
unobligated balances and obligated, but unexpended, balances
by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in
fiscal year 2018 or any previous fiscal year, disaggregated
by fiscal year: Provided, That the report required by this
section shall be submitted not later than 30 days after the
end of each fiscal quarter and should specify by account the
amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under
title I of this Act for any consulting service through
procurement contract, pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive Order issued
pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Information.--
The Secretary of State shall promptly inform the Committees
on Appropriations of each instance in which a Federal
department or agency is delinquent in providing the full
amount of funding required by section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (22
U.S.C. 4865 note).
(b) Exception.--Notwithstanding paragraph (2) of section
604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (title VI of division A of H.R.
3427,
[[Page H1915]]
as enacted into law by section 1000(a)(7) of Public Law 106-
113 and contained in appendix G of that Act), as amended by
section 111 of the Department of State Authorities Act,
Fiscal Year 2017 (Public Law 114-323), a project to construct
a facility of the United States may include office space or
other accommodations for members of the United States Marine
Corps.
(c) New Diplomatic Facilities.--For the purposes of
calculating the fiscal year 2018 costs of providing new
United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the
Secretary of State, in consultation with the Director of the
Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is
proportional to the contribution of the Department of State
for this purpose: Provided, That funds appropriated by this
Act that are made available for departments and agencies of
the United States Government shall be made available for the
Capital Security Cost Sharing Program and the Maintenance
Cost Sharing Program at levels not less than the prior fiscal
year.
(d) Consultation and Notification.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, which may be made available for the acquisition of
property or award of construction contracts for overseas
United States diplomatic facilities during fiscal year 2018,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection
shall include the information enumerated under the heading
``Embassy Security, Construction, and Maintenance'' in House
Report 115-253 and Senate Report 114-290: Provided further,
That any such notification for a new diplomatic facility
justified to the Committees on Appropriations in the
Congressional Budget Justification, Department of State,
Foreign Operations, and Related Programs, Fiscal Year 2018,
or not previously justified to such Committees, shall also
include confirmation that the Department of State has
completed the requisite value engineering studies required
pursuant to OMB Circular A-131, Value Engineering December
31, 2013 and the Bureau of Overseas Building Operations
Policy and Procedure Directive, P&PD, Cost 02: Value
Engineering.
(e) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation
with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United
States diplomatic facilities abroad, including physical
security upgrades and local guard staffing, except that the
amount of funds made available for such purposes from this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be a
minimum of $25,000,000.
(2) Consultation.--Notwithstanding any other provision of
law, the opening, closure, or any significant modification to
an interim or temporary United States diplomatic facility
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is
a security risk to personnel.
(f) Transfer of Funds Authority.--Funds appropriated under
the heading ``Diplomatic and Consular Programs'', including
for Worldwide Security Protection, and under the heading
``Embassy Security, Construction, and Maintenance'' in this
Act may be transferred to, and merged with, funds
appropriated under such headings if the Secretary of State
determines and reports to the Committees on Appropriations
that to do so is necessary to implement the recommendations
of the Benghazi Accountability Review Board, or to prevent or
respond to security situations and requirements, following
consultation with, and subject to the regular notification
procedures of, such Committees: Provided, That such transfer
authority is in addition to any transfer authority otherwise
available under any other provision of law.
(g) Soft Targets.--Funds appropriated by this Act under the
heading ``Embassy Security, Construction, and Maintenance''
may be made available for security upgrades to soft targets,
including schools, recreational facilities, and residences
used by United States diplomatic personnel and their
dependents, except that the amount made available for such
purposes shall be a minimum of $10,000,000.
(h) Secure Resupply and Maintenance.--The Secretary of
State may not grant final approval for the construction of a
new facility or substantial construction to improve or expand
an existing facility in the United States by or for the
Government of the People's Republic of China until the
Secretary certifies and reports to the appropriate
congressional committees that an agreement has been concluded
between the Governments of the United States and the People's
Republic of China that permits secure resupply, maintenance,
and new construction of United States Government facilities
in the People's Republic of China.
(i) New Embassy Compound Kinshasa.--Of the funds
appropriated by this Act under the heading ``Peacekeeping
Operations'' that are made available for the central
Government of the Democratic Republic of the Congo, 25
percent shall be withheld from obligation until the Secretary
of State certifies and reports to the Committees on
Appropriations that such Government has fully vacated the
property purchased by the United States in Kinshasa for the
construction of a New Embassy Compound.
(j) Reports.--
(1) None of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'' in this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs, made
available through Federal agency Capital Security Cost
Sharing contributions and reimbursements, or generated from
the proceeds of real property sales, other than from real
property sales located in London, United Kingdom, may be made
available for site acquisition and mitigation, planning,
design, or construction of the New London Embassy: Provided,
That the reporting requirement contained in section
7004(f)(2) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2012 (division I of
Public Law 112-74) shall remain in effect during fiscal year
2018.
(2) Within 45 days of enactment of this Act and every 4
months thereafter until September 30, 2019, the Secretary of
State shall submit to the Committees on Appropriations a
report on the new Mexico City Embassy, New Delhi Embassy, and
Beirut Embassy projects: Provided, That such report shall
include, for each of the projects--
(A) a detailed breakout of the project factors that formed
the basis of the initial cost estimate used to justify such
project to the Committees on Appropriations, as described
under the heading ``Embassy Security, Construction, and
Maintenance'' in House Report 115-253;
(B) a comparison of the current project factors as compared
to the project factors submitted pursuant to subparagraph (A)
of this subsection, and an explanation of any changes; and
(C) the impact of currency exchange rate fluctuations on
project costs.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary
resources available under title I to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a
reprogramming of funds under section 7015 of this Act.
department of state management
Sec. 7006. (a) Financial Systems Improvement.--Funds
appropriated by this Act for the operations of the Department
of State under the headings ``Diplomatic and Consular
Programs'' and ``Capital Investment Fund'' shall be made
available to implement the recommendations contained in the
Foreign Assistance Data Review Findings Report (FADR) and the
Office of Inspector General (OIG) report entitled
``Department Financial Systems Are Insufficient to Track and
Report on Foreign Assistance Funds'': Provided, That not
later than 45 days after enactment of this Act, the Secretary
of State shall submit to the Committees on Appropriations an
update to the plan required under section 7006 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
for implementing the FADR and OIG recommendations: Provided
further, That such funds may not be obligated for
enhancements to, or expansions of, the Budget System
Modernization Financial System, Central Resource Management
System, Joint Financial Management System, or Foreign
Assistance Coordination and Tracking System until such
updated plan is submitted to the Committees on
Appropriations: Provided further, That such funds may not be
obligated for new, or expansion of existing, ad hoc
electronic systems to track commitments, obligations, or
expenditures of funds unless the Secretary of State,
following consultation with the Chief Information Officer of
the Department of State, has reviewed and certified that such
new system or expansion is consistent with the FADR and OIG
recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act
or otherwise made available to the Department of State for
payments to the Working Capital Fund may only be used for the
service centers included in the Congressional Budget
Justification, Department of State, Foreign Operations, and
Related Programs, Fiscal Year 2018: Provided, That the
amounts for such service centers shall be the amounts
included in such budget justification, except as provided in
section 7015(b) of this Act: Provided further, That Federal
agency components shall be charged only for their direct
usage of each Working Capital Fund service: Provided
further, That prior to increasing the percentage charged to
Department of State bureaus and offices for procurement-
related activities, the Secretary of State shall include the
proposed increase in the Department of State budget
justification or, at least 60 days prior to the increase,
provide the Committees on
[[Page H1916]]
Appropriations a justification for such increase, including a
detailed assessment of the cost and benefit of the services
provided by the procurement fee: Provided further, That
Federal agency components may only pay for Working Capital
Fund services that are consistent with the purpose and
authorities of such components: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed
at rates which will return the full cost of each service.
(c) Certification.--
(1) Not later than 45 days after the initial obligation of
funds appropriated under titles III and IV of this Act that
are made available to a Department of State bureau or office
with responsibility for the management and oversight of such
funds, the Secretary of State shall certify and report to the
Committees on Appropriations, on an individual bureau or
office basis, that such bureau or office is in compliance
with Department and Federal financial and grants management
policies, procedures, and regulations, as applicable.
(2) When making a certification required by paragraph (1),
the Secretary of State shall consider the capacity of a
bureau or office to--
(A) account for the obligated funds at the country and
program level, as appropriate;
(B) identify risks and develop mitigation and monitoring
plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
(4) The report accompanying a certification required by
paragraph (1) shall include the requirements contained under
this section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(d) Report on Sole Source Awards.--Not later than December
31, 2018, the Secretary of State shall submit a report to the
appropriate congressional committees detailing all sole-
source awards made by the Department of State during the
previous fiscal year in excess of $2,000,000: Provided, That
such report should be posted on the Department of State Web
site.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance, and guarantees of
the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly
elected head of government is deposed by military coup d'etat
or decree or, after the date of enactment of this Act, a coup
d'etat or decree in which the military plays a decisive role:
Provided, That assistance may be resumed to such government
if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the
termination of assistance a democratically elected government
has taken office: Provided further, That the provisions of
this section shall not apply to assistance to promote
democratic elections or public participation in democratic
processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on
Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and Broadcasting Board
of Governors.--
(1) Department of state.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between, and merged with, such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation
Expenses''.
(2) Broadcasting board of governors.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors under
title I of this Act may be transferred between, and merged
with, such appropriations, but no such appropriation, except
as otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Title VI Agencies.--Not to exceed 5 percent of any
appropriation, other than for administrative expenses made
available for fiscal year 2018, for programs under title VI
of this Act may be transferred between such appropriations
for use for any of the purposes, programs, and activities for
which the funds in such receiving account may be used, but no
such appropriation, except as otherwise specifically
provided, shall be increased by more than 25 percent by any
such transfer: Provided, That the exercise of such authority
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other
appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized
elsewhere in, this Act, funds appropriated by this Act to
carry out the purposes of the Foreign Assistance Act of 1961
may be allocated or transferred to agencies of the United
States Government pursuant to the provisions of sections 109,
610, and 632 of the Foreign Assistance Act of 1961.
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of
the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$1,000,000 and any agreement made pursuant to section 632(a)
of such Act, with funds appropriated by this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall
not apply to agreements entered into between USAID and the
Department of State.
(d) Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be
obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than
5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to
the Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any
agreement for the transfer or allocation of funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations and related
programs, entered into between the Department of State or
USAID and another agency of the United States Government
under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law,
shall expressly provide that the Inspector General (IG) for
the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the
receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and
report to the Department of State or USAID, as appropriate,
upon completion of such audits: Provided, That such audits
shall be transmitted to the Committees on Appropriations by
the Department of State or USAID, as appropriate: Provided
further, That funds transferred under such authority may be
made available for the cost of such audits.
(f) Report.--Not later than 90 days after enactment of this
Act, the Secretary of State and the USAID Administrator shall
each submit a report to the Committees on Appropriations
detailing all transfers to another agency of the United
States Government made pursuant to sections 632(a) and 632(b)
of the Foreign Assistance Act of 1961 with funds provided in
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law
115-31) as of the date of enactment of this Act: Provided,
That such reports shall include a list of each transfer made
pursuant to such sections with the respective funding level,
appropriation account, and the receiving agency.
prohibition on certain operational expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by
employees of United States Government departments and
agencies funded by this Act in contravention of section 301-
10.122 through 301-10.124 of title 41, Code of Federal
Regulations.
(b) Computer Networks.--None of the funds made available by
this Act for the operating expenses of any United States
Government department or agency may be used to establish or
maintain a computer network for use by such department or
agency unless such network has filters designed to block
access to sexually explicit Web sites: Provided, That
nothing in this subsection shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency, or any other entity carrying out the
[[Page H1917]]
following activities: criminal investigations, prosecutions,
and adjudications; administrative discipline; and the
monitoring of such Web sites undertaken as part of official
business.
(c) Prohibition on Promotion of Tobacco.--None of the funds
made available by this Act should be available to promote the
sale or export of tobacco or tobacco products, or to seek the
reduction or removal by any foreign country of restrictions
on the marketing of tobacco or tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided by this Act: Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 661,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the headings ``Development
Credit Authority'' and ``Assistance for Europe, Eurasia and
Central Asia'' shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods
of availability contained in this Act: Provided further,
That the availability of funds pursuant to the previous
proviso shall not be applicable to such funds until the
Secretary of State submits the report required under section
7011 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2016 (division K of
Public Law 114-113): Provided further, That notwithstanding
any other provision of this Act, any funds made available for
the purposes of chapter 1 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall
remain available for an additional 4 years from the date on
which the availability of such funds would otherwise have
expired, if such funds are initially allocated or obligated
before the expiration of their respective periods of
availability contained in this Act: Provided further, That
the Secretary of State shall provide a report to the
Committees on Appropriations not later than October 30, 2018,
detailing by account and source year, the use of this
authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of 1 calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultation with the Committees on Appropriations, that
assistance for such country is in the national interest of
the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided
unless such agreement includes a provision stating that
assistance provided by the United States shall be exempt from
taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States
Agency for International Development shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An
amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2018 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign
government or entity against United States assistance
programs, either directly or through grantees, contractors,
and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2019 and
for prior fiscal years and allocated for the central
government of such country or for the West Bank and Gaza
program, as applicable, if, not later than September 30,
2019, such taxes have not been reimbursed: Provided, That
the Secretary of State shall report to the Committees on
Appropriations by such date on the foreign governments and
entities that have not reimbursed such taxes, including any
amount of funds withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which
do not assess taxes on United States assistance or which have
an effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of
such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior
to exercising the authority of this subsection with regard to
any foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and
update rules, regulations, or policy guidance, as
appropriate, to implement the prohibition against the
taxation of assistance contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges
and immunities applicable to United States foreign assistance
for such country generally, or an individual agreement
between the Government of the United States and such
government that describes, among other things, the treatment
for tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
(h) Report.--Not later than 90 days after enactment of this
Act, the Secretary of State, in consultation with the heads
of other relevant agencies of the United States Government,
shall submit a report to the Committees on Appropriations on
the requirements contained under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under
titles III through VI of this Act which are specifically
designated may be reprogrammed for other programs within the
same account notwithstanding the designation if compliance
with the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) Extension of Availability.--In addition to the
authority contained in subsection (a), the original period of
availability of funds appropriated by this Act and
administered by the Department of State or the United States
Agency for International Development that are specifically
designated for particular programs or activities by this or
any other Act may be extended for an additional fiscal year
if the Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds
can be obligated during the original period of availability:
Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated
funding levels contained in this Act shall not be applicable
to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically
so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other
Act shall not be applicable to funds appropriated by this
Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs,
Projects, and Activities.--None of the funds made available
in titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs to the departments and
agencies funded by this Act that remain available for
obligation in fiscal year 2018, or provided from any accounts
in the Treasury of the United States derived by the
collection of fees or of currency reflows or other offsetting
collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on
Appropriations or such Committees
[[Page H1918]]
are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the
funds provided under titles I and II of this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, to the departments
and agencies funded under titles I and II of this Act that
remain available for obligation in fiscal year 2018, or
provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the
department and agency funded under title I of this Act, shall
be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made
available by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``International
Organizations and Programs'', ``Trade and Development
Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Peacekeeping Operations'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium
Challenge Corporation'', ``Foreign Military Financing
Program'', ``International Military Education and Training'',
and ``Peace Corps'', shall be available for obligation for
activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of
the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the
Committees on Appropriations are notified 15 days in advance
of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the
purposes of section 23 of the Arms Export Control Act for the
provision of major defense equipment, other than conventional
ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this
subsection or any similar provision of this or any other Act
shall not apply to any reprogramming for an activity,
program, or project for which funds are appropriated under
titles III through VI of this Act of less than 10 percent of
the amount previously justified to Congress for obligation
for such activity, program, or project for the current fiscal
year: Provided further, That any notification submitted
pursuant to subsection (f) of this section shall include
information (if known on the date of transmittal of such
notification) on the use of notwithstanding authority:
Provided further, That if subsequent to the notification of
assistance it becomes necessary to rely on notwithstanding
authority, the Committees on Appropriations should be
informed at the earliest opportunity and to the extent
practicable.
(d) Department of Defense Programs and Funding
Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any
Act making or authorizing appropriations for the Department
of Defense, unless the Secretary of State, in consultation
with the Secretary of Defense and in accordance with the
regular notification procedures of the Committees on
Appropriations, submits a justification to such Committees
that includes a description of, and the estimated costs
associated with, the support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
with the exception of funds transferred to, and merged with,
funds appropriated under title I of this Act, funds
transferred by the Department of Defense to the Department of
State and the United States Agency for International
Development for assistance for foreign countries and
international organizations shall be subject to the regular
notification procedures of the Committees on Appropriations.
(e) Waiver.--The requirements of this section or any
similar provision of this Act or any other Act, including any
prior Act requiring notification in accordance with the
regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided,
That in case of any such waiver, notification to the
Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking
the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be
obligated or expended for assistance for Afghanistan,
Bahrain, Bolivia, Burma, Cambodia, Colombia, Cuba, Ecuador,
Egypt, El Salvador, Ethiopia, Guatemala, Haiti, Honduras,
Iran, Iraq, Lebanon, Libya, Mexico, Pakistan, Philippines,
the Russian Federation, Somalia, South Sudan, Sri Lanka,
Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe
except as provided through the regular notification
procedures of the Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made
available in title III of this Act and prior Acts making
funds available for the Department of State, foreign
operations, and related programs that are made available for
a trust fund held by an international financial institution
as defined by section 7034(r)(3) of this Act shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided, That such notification shall
include the information specified under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(h) Other Program Notification Requirement.--
(1) Diplomatic and consular programs.--Funds appropriated
under title I of this Act under the heading ``Diplomatic and
Consular Programs'' that are made available for a pilot
program for lateral entry into the Foreign Service shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of
the Committees on Appropriations--
(A) The Global Engagement Center, except that the Secretary
of State shall consult with the appropriate congressional
committees prior to submitting such notification;
(B) The Power Africa initiative, or any successor program;
(C) Community-based police assistance conducted pursuant to
the authority of section 7049 of this Act;
(D) Programs to counter foreign fighters and extremist
organizations, pursuant to section 7073(a) of this Act;
(E) The Relief and Recovery Fund;
(F) The Global Security Contingency Fund; and
(G) Programs to end modern slavery.
(i) Withholding of Funds.--Funds appropriated by this Act
under titles III and IV that are withheld from obligation or
otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Requirement to Inform, Coordinate, and Consult.--
(1) The Secretary of State shall promptly inform the
appropriate congressional committees of each instance in
which funds appropriated by this Act for assistance for Iraq,
Libya, Somalia, and Syria, the Counterterrorism Partnership
Fund, the Relief and Recovery Fund, and to counter extremism
and foreign fighters abroad, have been diverted or destroyed,
to include the type and amount of assistance, a description
of the incident and parties involved, and an explanation of
the response of the Department of State or USAID, as
appropriate: Provided, That the Secretary shall ensure such
funds are coordinated with, and complement, the programs of
other United States Government departments and agencies and
international partners in such countries and on such
activities.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least seven days prior to
informing a government of, or publically announcing a
decision on, the suspension of assistance to a country or a
territory from funds appropriated by this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as other committees pursuant to
subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense
shall notify the Committees on Appropriations in accordance
with the regular notification procedures of such Committees
if such defense articles are significant military equipment
(as defined in section 47(9) of the Arms Export Control Act)
or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific
countries that would receive such excess defense articles:
Provided further, That such Committees shall also be informed
of the original acquisition cost of such defense articles.
[[Page H1919]]
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under
titles I and III through V of this Act, which are returned or
not made available for organizations and programs because of
the implementation of section 307(a) of the Foreign
Assistance Act of 1961, shall remain available for obligation
until September 30, 2019: Provided, That the requirement to
withhold funds for programs in Burma under section 307(a) of
the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection
(b), funds appropriated by this Act under titles III through
V shall be made available in the amounts specifically
designated in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That such designated amounts for foreign countries and
international organizations shall serve as the amounts for
such countries and international organizations transmitted to
Congress in the report required by section 653(a) of the
Foreign Assistance Act of 1961.
(b) Authorized Deviations.--Unless otherwise provided for
by this Act, the Secretary of State and the Administrator of
the United States Agency for International Development, as
applicable, may only deviate up to 4 percent from the amounts
specifically designated in the respective tables included in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That such percentage may be exceeded only to
respond to significant, exigent, or unforeseen events, or to
address other exceptional circumstances directly related to
the national interest: Provided further, That deviations
pursuant to the previous proviso shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that
are included, pursuant to subsection (a), in the report
required by section 653(a) of the Foreign Assistance Act of
1961, no deviations authorized by subsection (b) may take
place until submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables included in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act); and
(B) funds for which the initial period of availability has
expired.
(2) The authority in subsection (b) to deviate below
amounts designated in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) shall not
apply to the table included under the heading ``Global Health
Programs'' in such explanatory statement.
(e) Reports.--The Secretary of State and the USAID
Administrator, as appropriate, shall submit the reports
required, in the manner described, in House Report 115-253,
Senate Report 115-152, and the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), unless directed otherwise in such
explanatory statement.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department,
agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies
funded in titles III or VI of this Act, shall take steps to
ensure that domestic and overseas representation and
entertainment expenses further official agency business and
United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or
otherwise made available by this Act under the headings
``International Military Education and Training'' or
``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available by titles III through VI of this Act
may be made available to any foreign government which
provides lethal military equipment to a country the
government of which the Secretary of State has determined
supports international terrorism for purposes of section 6(j)
of the Export Administration Act of 1979 as continued in
effect pursuant to the International Emergency Economic
Powers Act: Provided, That the prohibition under this
section with respect to a foreign government shall terminate
12 months after that government ceases to provide such
military equipment: Provided further, That this section
applies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if
the President determines that to do so is important to the
national interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed
explanation of the assistance to be provided, the estimated
dollar amount of such assistance, and an explanation of how
the assistance furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, shall not be made available
to any foreign government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6212), and section 504(a)(1) of the National Security Act of
1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; and for the development assistance accounts of the
United States Agency for International Development,
``program, project, and activity'' shall also be considered
to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days after the enactment of this Act, as required
by section 653(a) of the Foreign Assistance Act of 1961 or as
modified pursuant to section 7019 of this Act.
[[Page H1920]]
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited,
the agency shall consult with the Committees on
Appropriations and report to such Committees within 15 days
of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act for direct assistance and none of the funds
otherwise made available to the Export-Import Bank and the
Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance, or any other
financial commitments for establishing or expanding
production of any commodity for export by any country other
than the United States, if the commodity is likely to be in
surplus on world markets at the time the resulting productive
capacity is expected to become operative and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or
training in connection with the growth or production in a
foreign country of an agricultural commodity for export which
would compete with a similar commodity grown or produced in
the United States: Provided, That this subsection shall not
prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(c) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of the international financial institutions, as
defined in section 7034(r)(3) of this Act, to use the voice
and vote of the United States to oppose any assistance by
such institutions, using funds appropriated or made available
by this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 under agreements which result in the generation of
local currencies of that country, the Administrator of the
United States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case
may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
(as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the United
States Government.
(5) Report.--The USAID Administrator shall report as part
of the congressional budget justification submitted to the
Committees on Appropriations on the use of local currencies
for the administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United
States dollar equivalent) used or to be used for such purpose
in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular
notification procedures, including a description of the
program to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2018, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Food for Peace Act (Public Law 83-480; 7 U.S.C.
1721 et seq.): Provided, That none of the funds appropriated
to carry out title I of such Act and made available pursuant
to this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
[[Page H1921]]
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition
for Local Entities.--Funds appropriated by this Act that are
made available to the United States Agency for International
Development may only be made available for limited
competitions through local entities if--
(1) prior to the determination to limit competition to
local entities, USAID has--
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included in such
competition; and
(B) documented the written results of the assessment and
decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined to be
responsible in accordance with USAID guidelines; and
(B) effective monitoring and evaluation systems are in
place to ensure that award funding is used for its intended
purposes; and
(3) no level of acceptable fraud is assumed.
(b) Report.--In addition to the requirements of subsection
(a)(1), the USAID Administrator shall report to the
appropriate congressional committees not later than 45 days
after the end of fiscal year 2018 on all awards subject to
limited or no competition for local entities: Provided, That
such report shall be posted on the USAID Web site: Provided
further, That the requirements of this subsection shall only
apply to awards in excess of $3,000,000 and sole source
awards to local entities in excess of $2,000,000.
(c) Extension of Procurement Authority.--Section 7077 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74) shall continue in effect during fiscal year 2018.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to seek
to require that such institution adopts and implements a
publicly available policy, including the strategic use of
peer reviews and external experts, to conduct independent,
in-depth evaluations of the effectiveness of at least 25
percent of all loans, grants, programs, and significant
analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting
equitable economic growth, consistent with relevant
safeguards, to ensure that decisions to support such loans,
grants, programs, and activities are based on accurate data
and objective analysis: Provided, That not later than 45
days after enactment of this Act, the Secretary shall submit
a report to the Committees on Appropriations on steps taken
in fiscal year 2017 by the United States executive directors
and the international financial institutions consistent with
this subsection compared to the previous fiscal year.
(b) Safeguards.--
(1) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development and the International
Development Association to vote against any loan, grant,
policy, or strategy if such institution has adopted and is
implementing any social or environmental safeguard relevant
to such loan, grant, policy, or strategy that provides less
protection than World Bank safeguards in effect on September
30, 2015.
(2) The Secretary of the Treasury should instruct the
United States executive director of each international
financial institution to vote against loans or other
financing for projects unless such projects--
(A) provide for accountability and transparency, including
the collection, verification and publication of beneficial
ownership information related to extractive industries and
on-site monitoring during the life of the project;
(B) will be developed and carried out in accordance with
best practices regarding environmental conservation; cultural
protection; and empowerment of local populations, including
free, prior and informed consent of affected indigenous
communities;
(C) do not provide incentives for, or facilitate, forced
displacement; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under
title V of this Act may be made as payment to any
international financial institution while the United States
executive director to such institution is compensated by the
institution at a rate which, together with whatever
compensation such executive director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States executive director to such
institution is compensated by the institution at a rate in
excess of the rate provided for an individual occupying a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to seek to require that
such institution conducts rigorous human rights due diligence
and risk management, as appropriate, in connection with any
loan, grant, policy, or strategy of such institution:
Provided, That prior to voting on any such loan, grant,
policy, or strategy the executive director shall consult with
the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, if the executive director has
reason to believe that such loan, grant, policy, or strategy
could result in forced displacement or other violation of
human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to promote in loan,
grant, and other financing agreements improvements in
borrowing countries' financial management and judicial
capacity to investigate, prosecute, and punish fraud and
corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to seek to
require that such institution collects, verifies, and
publishes, to the maximum extent practicable, beneficial
ownership information (excluding proprietary information) for
any corporation or limited liability company, other than a
publicly listed company, that receives funds from any such
financial institution: Provided, That not later than 45 days
after enactment of this Act, the Secretary shall submit a
report to the Committees on Appropriations on steps taken in
fiscal year 2017 by the United States executive directors and
the international financial institutions consistent with this
subsection compared to the previous fiscal year.
(g) Whistleblower Protections.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to seek to
require that each such institution is effectively
implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers
from retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
debt-for-development
Sec. 7030. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-
Government Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A)(i) each implementing agency or ministry to receive
assistance has been assessed and is considered to have the
systems required to manage such assistance and any identified
vulnerabilities or weaknesses of such agency or ministry have
been addressed;
(ii) the recipient agency or ministry employs and utilizes
staff with the necessary technical, financial, and management
capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are in
place to ensure that such assistance is used for its intended
purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is taking
steps to publicly disclose on an annual basis its national
budget, to include income and expenditures;
(B) the recipient government is in compliance with the
principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed or
controlled by an organization designated as a foreign
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189);
(D) the Government of the United States and the government
of the recipient country have agreed, in writing, on clear
and achievable objectives for the use of such assistance,
which should be made available on a cost-reimbursable basis;
and
(E) the recipient government is taking steps to protect the
rights of civil society, including freedoms of expression,
association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available
for direct government-to-government assistance without prior
consultation with, and notification
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of, the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, That the requirements of this paragraph shall only
apply to direct government-to-government assistance in excess
of $10,000,000 and all funds available for cash transfer,
budget support, and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such misuse
has been appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2019 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Report.--Not later than 90 days after the enactment of
this Act and every 6 months thereafter until September 30,
2019, the USAID Administrator shall submit to the Committees
on Appropriations a report that--
(A) details all assistance described in paragraph (1)
provided during the previous 6-month period by country,
funding amount, source of funds, and type of such assistance;
and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of
any foreign country for debt service payments owed by any
country to any international financial institution:
Provided, That for purposes of this paragraph, the term
``international financial institution'' has the meaning given
the term in section 7034(r)(3) of this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen
the ``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget documentation (to include
receipts and expenditures by ministry) and government
contracts and licenses for natural resource extraction (to
include bidding and concession allocation practices).
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall
make or update any determination of ``significant progress''
or ``no significant progress'' in meeting the minimum
requirements of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State
Web site: Provided, That the Secretary shall identify the
significant progress made by each such government to publicly
disclose national budget documentation, contracts, and
licenses which are additional to such information disclosed
in previous fiscal years, and include specific
recommendations of short- and long-term steps such government
should take to improve fiscal transparency: Provided
further, That the annual report shall include a detailed
description of how funds appropriated by this Act are being
used to improve fiscal transparency, and identify benchmarks
for measuring progress.
(4) Assistance.--Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition
to funds otherwise available for such purposes: Provided
further, That a description of the uses of such funds shall
be included in the annual ``Fiscal Transparency Report''
required by paragraph (3).
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their immediate
family members about whom the Secretary of State has credible
information have been involved in significant corruption,
including corruption related to the extraction of natural
resources, or a gross violation of human rights shall be
ineligible for entry into the United States.
(B) The Secretary shall also publicly or privately
designate or identify officials of foreign governments and
their immediate family members about whom the Secretary has
such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible if
entry into the United States would further important United
States law enforcement objectives or is necessary to permit
the United States to fulfill its obligations under the United
Nations Headquarters Agreement: Provided, That nothing in
paragraph (1) shall be construed to derogate from United
States Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver
would serve a compelling national interest or that the
circumstances which caused the individual to be ineligible
have changed sufficiently.
(4) Report.--Not later than 6 months after enactment of
this Act, the Secretary of State shall submit a report,
including a classified annex if necessary, to the Committees
on Appropriations and the Committees on the Judiciary
describing the information related to corruption or violation
of human rights concerning each of the individuals found
ineligible in the previous 12 months pursuant to paragraph
(1)(A) as well as the individuals who the Secretary
designated or identified pursuant to paragraph (1)(B), or who
would be ineligible but for the application of paragraph (2),
a list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State Web site.
(6) Clarification.--For purposes of paragraphs (1)(B), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States
pertaining to the issuance or refusal of visas or permits to
enter the United States shall not be considered confidential.
(d) Networks of Corruption.--If the Secretary of State has
credible information of networks of corruption involving the
participation of, or support from, a senior official in a
country that receives assistance funded by this Act under
titles III or IV, the Secretary shall update the report on
such networks required by section 7031(d) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31).
(e) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2052) and the amendments made
by such section, and to prevent the sale of conflict
diamonds, and provide technical assistance to promote
independent audit mechanisms and support civil society
participation in natural resource management.
(2) United states policy.--
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions, and
post on the Department of the Treasury Web site, that it is
the policy of the United States to vote against any
assistance by such institutions (including any loan, credit,
grant, or guarantee) to any country for the extraction and
export of a natural resource if the government of such
country has in place laws, regulations, or procedures to
prevent or limit the public disclosure of company payments as
required by United States law, and unless such government has
adopted laws, regulations, or procedures in the sector in
which assistance is being considered for--
(i) accurately accounting for and public disclosure of
payments to the host government by companies involved in the
extraction and export of natural resources;
(ii) the independent auditing of accounts receiving such
payments and public disclosure of the findings of such
audits; and
(iii) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or disclosure
for the redaction of, or exceptions for, information that is
commercially proprietary or that would create competitive
disadvantage.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of this subparagraph.
(f) Foreign Assistance Web Site.--Funds appropriated by
this Act under titles I and II, and funds made available for
any independent agency in title III, as appropriate, shall be
made available to support the provision of additional
information on United States Government foreign assistance on
the Department of State foreign assistance Web site:
Provided, That all Federal agencies funded under this Act
shall provide such information on foreign assistance, upon
request, to the Department of State.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', and ``International Narcotics
Control and Law Enforcement'', not less than $2,308,517,000
shall be made available for democracy programs.
[[Page H1923]]
(2) Programs.--Of the funds made available for democracy
programs pursuant to paragraph (1), the Bureau of Democracy,
Human Rights, and Labor, Department of State, shall
administer an amount not less than the amount administered in
fiscal year 2017 under the headings ``Economic Support Fund''
and ``Assistance for Europe, Eurasia and Central Asia''.
(b) Authority.--Funds made available by this Act for
democracy programs may be made available notwithstanding any
other provision of law, and with regard to the National
Endowment for Democracy, any regulation.
(c) Definition of Democracy Programs.--For purposes of
funds appropriated by this Act, the term ``democracy
programs'' means programs that support good governance,
credible and competitive elections, freedom of expression,
association, assembly, and religion, human rights, labor
rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political
parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of
democratic states, and institutions that are responsive and
accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant
to this section that are made available for programs to
strengthen government institutions shall be prioritized for
those institutions that demonstrate a commitment to democracy
and the rule of law, as determined by the Secretary of State
or the Administrator of the United States Agency for
International Development, as appropriate.
(e) Restriction on Prior Approval.--With respect to the
provision of assistance for democracy programs in this Act,
the organizations implementing such assistance, the specific
nature of that assistance, and the participants in such
programs shall not be subject to the prior approval by the
government of any foreign country: Provided, That the
Secretary of State, in coordination with the USAID
Administrator, shall report to the Committees on
Appropriations, not later than 120 days after enactment of
this Act, detailing steps taken by the Department of State
and USAID to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall
continue to implement civil society and political competition
and consensus building programs abroad with funds
appropriated by this Act in a manner that recognizes the
unique benefits of grants and cooperative agreements in
implementing such programs: Provided, That nothing in this
paragraph shall be construed to affect the ability of any
entity, including United States small businesses, from
competing for proposals for USAID-funded civil society and
political competition and consensus building programs.
(g) Country Strategy Reviews.--Prior to the obligation of
funds made available by this Act for Department of State and
USAID democracy programs for a nondemocratic or democratic
transitioning country for which a country strategy has been
concluded after the date of enactment of this Act, as
required by section 2111(c)(1) of the ADVANCE Democracy Act
of 2007 (title XXI of Public Law 110-53; 22 U.S.C. 8211) or
similar provision of law or regulation, the Under Secretary
for Civilian Security, Democracy and Human Rights, Department
of State, in consultation with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State, and
the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall review such strategy to
ensure that it includes--
(1) specific goals and objectives for such program,
including a specific plan and timeline to measure impacts;
(2) an assessment of the risks associated with the conduct
of such program to intended beneficiaries and implementers,
including steps to support and protect such individuals; and
(3) the funding requirements to initiate and sustain such
program in fiscal year 2018 and subsequent fiscal years, as
appropriate:
Provided, That for the purposes of this subsection, the
term ``nondemocratic or democratic transitioning country''
shall have the same meaning as in section 2104(6) of the
ADVANCE Democracy Act of 2007.
(h) Communication and Reports.--
(1) Informing the national endowment for democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID,
shall regularly inform the National Endowment for Democracy
of democracy programs that are planned and supported by funds
made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs.
(2) Reports.--
(A) Funding instruments.--Not later than September 30,
2018, the Secretary of State and USAID Administrator shall
each submit to the Committees on Appropriations a report
detailing the use of contracts, grants, and cooperative
agreements in the conduct of democracy programs with funds
made available by the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31), which shall include
funding level, account, program sector and subsector, and a
brief summary of purpose.
(B) Program changes.--The Secretary of State or the USAID
Administrator, as appropriate, shall report to the
appropriate congressional committees within 30 days of a
decision to significantly change the objectives or the
content of a democracy program or to close such a program due
to the increasingly repressive nature of the host country
government: Provided, That the report shall also include a
strategy for continuing support for democracy promotion, if
such programming is feasible, and may be submitted in
classified form, if necessary.
(i) Protection of Civil Society Activists and
Journalists.--
(1) Plan.--Not later than 120 days after enactment of this
Act, the Secretary of State shall submit to the appropriate
congressional committees a diplomatic and programmatic action
plan to support and protect civil society activists and
journalists who have been threatened, harassed, or attacked
for peacefully exercising their rights of free expression,
association, or assembly: Provided, That the Assistant
Secretary for Democracy, Human Rights, and Labor (DRL),
Department of State, shall develop such action plan in
coordination with the relevant bureaus and offices of the
Department of State and USAID.
(2) Funds.--Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'',
not less than $10,000,000 shall be made available for
programs and activities to implement the action plan
described in paragraph (1): Provided, That such funds may
only be made available following consultation with the
Committees on Appropriations: Provided further, That such
funds shall be allocated to, and administered by, DRL and
relevant bureaus and offices of the Department of State and
USAID, and are in addition to amounts otherwise made
available for such purposes.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and
Special Envoy to Promote Religious Freedom.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic and Consular Programs'' shall be made
available for the Office of International Religious Freedom,
Bureau of Democracy, Human Rights, and Labor, Department of
State, the Office of the Ambassador-at-Large for
International Religious Freedom, and the Special Envoy to
Promote Religious Freedom of Religious Minorities in the Near
East and South Central Asia, as authorized in the Near East
and South Central Asia Religious Freedom Act of 2014 (Public
Law 113-161), including for support staff at not less than
the amounts specified for such offices in the table under
such heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(2) Curriculum.--Funds appropriated under the heading
``Diplomatic and Consular Programs'' and designated for the
Office of International Religious Freedom shall be made
available for the development and implementation of an
international religious freedom curriculum in accordance with
section 708(a)(2) of the Foreign Service Act of 1980 (22
U.S.C. 4028(a)(2)).
(b) Assistance.--
(1) International religious freedom programs.--Of the funds
appropriated by this Act under the heading ``Democracy Fund''
and available for the Human Rights and Democracy Fund, not
less than $10,000,000 shall be made available for
international religious freedom programs: Provided, That the
Ambassador-at-Large for International Religious Freedom shall
consult with the Committees on Appropriations on the uses of
such funds.
(2) Protection and investigation programs.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $10,000,000 shall be made available for
programs to protect vulnerable and persecuted religious
minorities: Provided, That a portion of such funds shall be
made available for programs to investigate the persecution of
such minorities by governments and non-state actors and for
the public dissemination of information collected on such
persecution, including on the Department of State Web site.
(3) Humanitarian programs.--Funds appropriated by this Act
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall be made available
for humanitarian assistance for vulnerable and persecuted
religious minorities, including victims of genocide
designated by the Secretary of State and other groups that
have suffered crimes against humanity and ethnic cleansing,
to--
(A) facilitate the implementation of an immediate,
coordinated, and sustained response to provide humanitarian
assistance;
(B) enhance protection of conflict victims, including those
facing a dire humanitarian crisis and severe persecution
because of their faith or ethnicity; and
(C) improve access to secure locations for obtaining
humanitarian and resettlement services.
(4) Transitional justice, reconciliation, and reintegration
programs.--Of the funds appropriated by this Act that are
made available for the Relief and Recovery Fund, not less
than $5,000,000 shall be made available to support
transitional justice, reconciliation, and reintegration
programs for vulnerable and persecuted religious minorities,
including in the Middle East and North Africa regions:
Provided, That such funds
[[Page H1924]]
shall be matched, to the maximum extent practicable, from
sources other than the United States Government.
(5) Responsibility for funds.--Funds made available by
paragraphs (1) and (2) shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials.
(c) International Broadcasting.--Funds appropriated by this
Act under the heading ``Broadcasting Board of Governors,
International Broadcasting Operations'' shall be made
available for programs related to international religious
freedom, including reporting on the condition of vulnerable
and persecuted religious groups.
(d) Atrocities Prevention.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not
less than $5,000,000 shall be made available for programs to
prevent atrocities, including to implement recommendations of
the Atrocities Prevention Board: Provided, That the Under
Secretary for Civilian Security, Democracy, and Human Rights,
Department of State, shall be responsible for providing the
strategic policy direction for, and policy oversight of,
funds made available pursuant to this subsection to the
Bureaus of International Narcotics and Law Enforcement
Affairs and Democracy, Human Rights, and Labor, Department of
State: Provided further, That such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(e) Funding Clarification.--Funds made available pursuant
to subsections (b) and (d) are in addition to amounts
otherwise made available for such purposes.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in titles III and VI
of this Act that are made available for victims of war,
displaced children, displaced Burmese, and to combat
trafficking in persons and assist victims of such
trafficking, may be made available notwithstanding any other
provision of law.
(b) Law Enforcement and Security.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations
that include child soldiers.
(2) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries
undergoing democratic transition.
(3) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2018.
(4) Forensic assistance.--
(A) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $8,000,000 shall be
made available for forensic anthropology assistance related
to the exhumation and identification of victims of war
crimes, crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs for
assistance for countries.
(B) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $6,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(5) International prison conditions.--Section 7065 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)
shall continue in effect during fiscal year 2018.
(6) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(7) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2017, by country
and purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(8) Foreign military sales and foreign military financing
program.--
(A) Availability.--Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for the
general costs of administering military assistance and sales
shall be made available to increase the efficiency and
effectiveness of programs authorized by Chapter 2 of the Arms
Export Control Act: Provided, That prior to the obligation
of funds for such purposes, the Secretary of State shall
consult with the Committees on Appropriations.
(B) Quarterly status report.--Following the submission of
the quarterly report required by section 36 of Public Law 90-
629 (22 U.S.C. 2776), the Secretary of State, in coordination
with the Secretary of Defense, shall submit to the Committees
on Appropriations a status report that contains the
information described under the heading ``Foreign Military
Financing Program'' in House Report 115-253.
(9) Vetting report.--
(A) In general.--Not later than 90 days after enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees on foreign assistance
cases submitted for vetting for purposes of section 620M of
the Foreign Assistance Act of 1961 during the preceding
fiscal year, including--
(i) the total number of cases submitted, approved,
suspended, or rejected for human rights reasons; and
(ii) for cases rejected, a description of the steps taken
to assist the foreign government in taking effective measures
to bring the responsible members of the security forces to
justice, in accordance with section 620M(c) of the Foreign
Assistance Act of 1961.
(B) Form.--The report required by this paragraph shall be
submitted in unclassified form, but may be accompanied by a
classified annex.
(10) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign
Assistance Act of 1961, the term ``military training provided
to foreign military personnel by the Department of Defense
and the Department of State'' shall be deemed to include all
military training provided by foreign governments with funds
appropriated to the Department of Defense or the Department
of State, except for training provided by the government of a
country designated by section 517(b) of such Act as a major
non-NATO ally.
(11) Assistance to eliminate torture.--Funds appropriated
under titles III and IV of this Act shall be made available,
notwithstanding section 660 of the Foreign Assistance Act of
1961 and following consultation with the Committees on
Appropriations, for assistance to eliminate torture by
foreign police, military or other security forces in
countries receiving assistance from funds appropriated by
this Act.
(12) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act, funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' shall
be made available for combat casualty training and equipment.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of
lethal assistance funded by this Act with funds appropriated
under the headings ``Peacekeeping Operations'' and ``Foreign
Military Financing Program'': Provided, That the requirement
of this paragraph shall apply to a country in conflict,
unless the Secretary determines that such country has in
place, to the maximum extent practicable, functioning combat
casualty care treatment and equipment that meets or exceeds
the standards recommended by the Committee on Tactical Combat
Casualty Care: Provided further, That any such training and
equipment for combat casualty care shall be made available
through an open and transparent process.
(c) World Food Programme.--
(1) Contribution.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development, from this or any
other Act, may be made available as a general contribution to
the World Food Programme, notwithstanding any other provision
of law.
(2) Program to leverage additional contributions.--Funds
appropriated by this Act shall be made available to leverage
additional contributions for the World Food Programme from
sources other than the United States Government: Provided,
That the Secretary of State shall consult with the Committees
on Appropriations on implementation of this paragraph.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall be made available to carry out the
Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union as authorized
by the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'' and ``Assistance
for Europe, Eurasia and Central Asia'' may be made available
as contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of
the Committees on Appropriations.
(3) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic and
Consular Programs'', up to $500,000 may be made available for
grants pursuant to section 504 of the Foreign Relations
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d),
including to facilitate collaboration with indigenous
communities, and up to $1,000,000 may be made available for
grants to carry out the activities of the Cultural
Antiquities Task Force.
[[Page H1925]]
(4) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may
not exceed $100,000: Provided further, That no more than 10
such awards may be made during fiscal year 2018: Provided
further, That for purposes of this paragraph the term
``innovation incentive award'' means the provision of funding
on a competitive basis that--
(A) encourages and rewards the development of solutions for
a particular, well-defined problem related to the alleviation
of poverty; or
(B) helps identify and promote a broad range of ideas and
practices facilitating further development of an idea or
practice by third parties.
(5) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961, as amended, (Public Law 87-256; 22 U.S.C. 2451 et
seq.), except through the formal rulemaking process pursuant
to the Administrative Procedures Act and notwithstanding the
exceptions to such rulemaking process in such Act: Provided,
That funds made available for such purpose shall only be made
available after consultation with, and subject to the regular
notification procedures of, the Committees on Appropriations,
regarding how any proposed modification would affect the
public diplomacy goals of, and the estimated economic impact
on, the United States.
(6) Report.--The report required by section 502(d) of the
Intelligence Authorization Act for Fiscal Year 2017 (division
N of Public Law 115-31; 22 U.S.C. 254a note) shall be
provided to the Committees on Appropriations.
(e) Partner Vetting.--The Secretary of State and USAID
Administrator may initiate a partner vetting program to
mitigate the risk of diversion of foreign assistance, or make
significant modifications to any existing partner vetting
program, only following consultation with the Committees on
Appropriations: Provided, That the Secretary and
Administrator should provide a direct vetting option for
prime awardees in any partner vetting program initiated after
the date of the enactment of this Act.
(f) Contingencies.--During fiscal year 2018, the President
may use up to $125,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(g) International Child Abductions.--The Secretary of State
should withhold funds appropriated under title III of this
Act for assistance for the central government of any country
that is not taking appropriate steps to comply with the
Convention on the Civil Aspects of International Child
Abductions, done at the Hague on October 25, 1980: Provided,
That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(h) Cultural Preservation Project Determination.--None of
the funds appropriated in titles I and III of this Act may be
used for the preservation of religious sites unless the
Secretary of State or the USAID Administrator, as
appropriate, determines and reports to the Committees on
Appropriations that such sites are historically,
artistically, or culturally significant, that the purpose of
the project is neither to advance nor to inhibit the free
exercise of religion, and that the project is in the national
interest of the United States.
(i) Transfer of Funds for Extraordinary Protection.--The
Secretary of State may transfer to, and merge with, funds
under the heading ``Protection of Foreign Missions and
Officials'' unobligated balances of expired funds
appropriated under the heading ``Diplomatic and Consular
Programs'' for fiscal year 2018, except for funds designated
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985, at no later than
the end of the fifth fiscal year after the last fiscal year
for which such funds are available for the purposes for which
appropriated: Provided, That not more than $50,000,000 may
be transferred.
(j) Authority to Counter Extremism.--Funds made available
by this Act under the heading ``Economic Support Fund'' to
counter extremism may be made available notwithstanding any
other provision of law restricting assistance to foreign
countries, except sections 502B and 620A of the Foreign
Assistance Act of 1961: Provided, That the use of the
authority of this subsection shall be subject to prior
consultation with the appropriate congressional committees,
and the regular notification procedures of the Committees on
Appropriations.
(k) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--Section 7034(k) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235) shall continue in effect during fiscal year 2018.
(l) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2018'' for ``September 30,
2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
September 30, 2018.
(3) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ``September 30,
2018'' for ``October 1, 2010'' in subparagraph (B).
(4) Overseas pay comparability and limitation.--
(A) Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the
Supplemental Appropriations Act, 2009 (Public Law 111-32)
shall remain in effect through September 30, 2018.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009 (Public Law 111-32)) a locality-based comparability
payment (stated as a percentage) that exceeds two-thirds of
the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such member
under section 5304 of title 5, United States Code, if such
member's official duty station were in the District of
Columbia.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2017'' and
inserting ``2017, and 2018''; and
(ii) in subsection (e), by striking ``2017'' each place it
appears and inserting ``2018''; and
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2017'' and inserting ``2018''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental
Appropriations Act, 2010 (Public Law 111-212) shall remain in
effect through September 30, 2018.
(7) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
is amended by striking ``2018'' and inserting ``2019''.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and
2018'' and inserting ``2018, and 2019''.
(8) Accountability review boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall be in
effect for facilities in Afghanistan through September 30,
2018, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(m) Monitoring and Evaluation.--Funds appropriated by this
Act that are available for monitoring and evaluation of
assistance under the headings ``Development Assistance'',
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall, as appropriate, be made available
for the regular collection of feedback obtained directly from
beneficiaries on the quality and relevance of such
assistance: Provided, That the Department of State and USAID
shall, as appropriate, require implementing partners that
receive funds under such headings to establish procedures for
regularly collecting and responding to such feedback, inform
the Department of State and USAID of such procedures, and
report to the Department of State and USAID on actions taken
in response to the feedback received: Provided further, That
the Department of State and USAID shall conduct regular
oversight to ensure that such feedback is collected and used
by implementing partners to maximize the cost-effectiveness
and utility of such assistance.
(n) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-
447) may be made available for pharmaceuticals and other
products for child survival, malaria, and tuberculosis to the
same extent as HIV/AIDS pharmaceuticals and other products,
subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the
Foreign Operations, Export Financing, and Related Programs
Appropriation Act, 2005 (Public Law 108-447) shall be
exercised by the Assistant Administrator for Global Health,
USAID, with respect to funds deposited for such non-HIV/AIDS
pharmaceuticals and other products, and shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of
State shall include in the congressional budget justification
an accounting of budgetary resources, disbursements,
balances, and reimbursements related to such fund.
(o) Loans and Enterprise Funds.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available for
the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of loan guarantees for Egypt, Jordan,
Iraq, Tunisia, and Ukraine, which are authorized to be
provided: Provided, That amounts made available under this
paragraph for the costs of such guarantees shall not be
considered assistance for the purposes of provisions of law
limiting assistance to a country.
[[Page H1926]]
(2) Enterprise funds.--Funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available
to establish and operate one or more enterprise funds for
Egypt, Jordan, and Tunisia: Provided, That the first, third
and fifth provisos under section 7041(b) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74)
shall apply to funds appropriated by this Act under the
heading ``Economic Support Fund'' for an enterprise fund or
funds to the same extent and in the same manner as such
provision of law applied to funds made available under such
section (except that the clause excluding subsection (d)(3)
of section 201 of the SEED Act shall not apply): Provided
further, That in addition to the previous proviso, the
authorities in the matter preceding the first proviso of such
section may apply to any such enterprise fund or funds:
Provided further, That the authority of any such enterprise
fund or funds to provide assistance shall cease to be
effective on December 31, 2028.
(3) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for
the Department of State, foreign operations, and related
programs that were previously designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of such
Act.
(4) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be
subject to prior consultation with the appropriate
congressional committees, and subject to the regular
notification procedures of the Committees on Appropriations.
(p) Local Works.--
(1) The ``Small Grants Program'' established pursuant to
section 7080 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235) shall hereafter be referred to as ``Local
Works''.
(2) Of the funds appropriated by this Act under the
headings ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'', not less than $47,000,000 shall be made available for
Local Works pursuant to section 7080 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
which may remain available until September 30, 2022.
(3) For the purposes of section 7080 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
``eligible entities'' shall be defined as small local,
international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000
from USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may
be considered individually in determining such eligibility.
(q) Department of State Inspector General Waiver
Authority.--The Inspector General of the Department of State
may waive the provisions of subsections (a) through (d) of
section 824 of the Foreign Service Act of 1980 (22 U.S.C.
4064) on a case-by-case basis for an annuitant reemployed by
the Inspector General on a temporary basis, subject to the
same constraints and in the same manner by which the
Secretary of State may exercise such waiver authority
pursuant to subsection (g) of such section.
(r) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs'' means funds that remain
available for obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Southern kordofan reference.--Any reference to Southern
Kordofan in this or any other Act making appropriations for
the Department of State, foreign operations, and related
programs shall be deemed to include portions of Western
Kordofan that were previously part of Southern Kordofan prior
to the 2013 division of Southern Kordofan.
(5) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
(6) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for measuring
progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or planned
programs; and
(D) implementing partners, to the maximum extent
practicable.
(7) Clarification.--In this Act, the terms ``Assistant
Secretary'' and ``Under Secretary'' shall include individuals
appointed by the President and confirmed by the Senate to
serve in such designated positions, as well as individuals
serving in acting capacities or performing functions pursuant
to alter ego delegations with such designated ``Assistant
Secretary'' and ``Under Secretary'' positions.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 7040 of this
Act (``Limitation on Assistance for the Palestinian
Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part
[[Page H1927]]
of Jerusalem a new office of any department or agency of the
United States Government for the purpose of conducting
official United States Government business with the
Palestinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided
further, That meetings between officers and employees of the
United States and officials of the Palestinian Authority, or
any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles, for the purpose of
conducting official United States Government business with
such authority should continue to take place in locations
other than Jerusalem: Provided further, That as has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other
subjects with Palestinians (including those who now occupy
positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2018, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of
a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which the
Secretary has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism;
and
(B) any educational institution located in the West Bank or
Gaza that is named after an individual who the Secretary of
State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act, up to $1,000,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds
are in addition to funds otherwise available for such
purposes.
(e) Comptroller General of the United States Audit.--
Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza
Program, including all funds provided as cash transfer
assistance, in fiscal year 2018 under the heading ``Economic
Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this
Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
(g) Report.--Not later than 180 days after enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations updating the report contained in
section 2106 of chapter 2 of title II of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Tsunami Relief, 2005 (Public Law 109-13).
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed: Provided,
That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside
of the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and
the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed
at promoting peace, coexistence, and security cooperation
with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as
amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act
of 1961, as amended: Provided, That the report shall also
detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and
may only be made available for assistance for the Government
of Egypt if the Secretary of State certifies and reports to
the Committees on Appropriations that such government is--
[[Page H1928]]
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', up to $112,500,000 may
be made available for assistance for Egypt, of which not less
than $35,000,000 should be made available for higher
education programs including not less than $10,000,000 for
scholarships for Egyptian students with high financial need
to attend not-for-profit institutions of higher education:
Provided, That such funds shall be made available for
democracy programs, and for development programs in the
Sinai: Provided further, That such funds may not be made
available for cash transfer assistance or budget support
unless the Secretary of State certifies and reports to the
appropriate congressional committees that the Government of
Egypt is taking consistent and effective steps to stabilize
the economy and implement market-based economic reforms.
(B) Withholding.--The Secretary of State shall withhold
from obligation funds appropriated by this Act under the
heading ``Economic Support Fund'' for assistance for Egypt,
an amount of such funds that the Secretary determines to be
equivalent to that expended by the United States Government
for bail, and by nongovernmental organizations for legal and
court fees, associated with democracy-related trials in Egypt
until the Secretary certifies and reports to the Committees
on Appropriations that the Government of Egypt has dismissed
the convictions issued by the Cairo Criminal Court on June 4,
2013, in ``Public Prosecution Case No. 1110 for the Year
2012''.
(C) Limitation.--None of the funds appropriated by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ``Economic Support Fund'' may be made available for a
contribution, voluntary or otherwise, to the ``Civil
Associations and Foundations Support Fund'', or any similar
fund, established pursuant to Law 70 on Associations and
Other Foundations Working in the Field of Civil Work
published in the Official Gazette of Egypt on May 29, 2017.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'', up
to $1,300,000,000, to remain available until September 30,
2019, may be made available for assistance for Egypt:
Provided, That such funds may be transferred to an interest
bearing account in the Federal Reserve Bank of New York,
following consultation with the Committees on Appropriations:
Provided further, That $300,000,000 of such funds shall be
withheld from obligation until the Secretary of State
certifies and reports to the Committees on Appropriations
that the Government of Egypt is taking sustained and
effective steps to--
(i) advance democracy and human rights in Egypt, including
to govern democratically and protect religious minorities and
the rights of women, which are in addition to steps taken
during the previous calendar year for such purposes;
(ii) implement reforms that protect freedoms of expression,
association, and peaceful assembly, including the ability of
civil society organizations, human rights defenders, and the
media to function without interference;
(iii) release political prisoners and provide detainees
with due process of law;
(iv) hold Egyptian security forces accountable, including
officers credibly alleged to have violated human rights;
(v) investigate and prosecute cases of extrajudicial
killings and forced disappearances; and
(vi) provide regular access for United States officials to
monitor such assistance in areas where the assistance is
used:
Provided further, That the certification requirement of
this paragraph shall not apply to funds appropriated by this
Act under such heading for counterterrorism, border security,
and nonproliferation programs for Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the
Secretary determines and reports to the Committees on
Appropriations that to do so is important to the national
security interest of the United States, and submits a report
to such Committees containing a detailed justification for
the use of such waiver and the reasons why any of the
requirements of subparagraph (A) cannot be met, and including
an assessment of the compliance of the Government of Egypt
with United Nations Security Council Resolution 2270 and
other such resolutions regarding North Korea: Provided, That
the report required by this paragraph shall be submitted in
unclassified form, but may be accompanied by a classified
annex.
(4) Oversight requirement.--The Secretary of State shall
take all practicable steps to ensure that mechanisms are in
place for monitoring, oversight, and control of funds made
available by this subsection for assistance for Egypt.
(5) Consultation requirement.--Not later than 90 days after
enactment of this Act, the Secretary of State shall consult
with the Committees on Appropriations on any plan to
restructure military assistance for Egypt.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'', ``Economic
Support Fund'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'' shall be used by the
Secretary of State--
(A) to support the United States policy to prevent Iran
from achieving the capability to produce or otherwise obtain
a nuclear weapon;
(B) to support an expeditious response to any violation of
the Joint Comprehensive Plan of Action or United Nations
Security Council Resolution 2231;
(C) to support the implementation and enforcement of
sanctions against Iran for support of terrorism, human rights
abuses, and ballistic missile and weapons proliferation; and
(D) for democracy programs for Iran, to be administered by
the Assistant Secretary for Near Eastern Affairs, Department
of State, in consultation with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State.
(2) Continuation of prohibition.--The terms and conditions
of section 7041(c)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74) shall continue in effect
during fiscal year 2018.
(3) Reports.--
(A) Semi-annual report.--The Secretary of State shall
submit to the Committees on Appropriations the semi-annual
report required by section 135 of the Atomic Energy Act of
1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the
Iran Nuclear Agreement Review Act of 2015 (Public Law 114-
17).
(B) Sanctions report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a report on the
status of the implementation and enforcement of bilateral
United States and multilateral sanctions against Iran and
actions taken by the United States and the international
community to enforce such sanctions against Iran: Provided,
That the report shall also include any entities involved in
providing significant support for the development of a
ballistic missile by the Government of Iran after October 1,
2015, including shipping and financing, and note whether such
entities are currently under United States sanctions:
Provided further, That such report shall be submitted in an
unclassified form, but may contain a classified annex if
necessary.
(c) Iraq.--
(1) Purposes.--Funds appropriated by this Act shall be made
available for assistance for Iraq to promote governance and
security, and for stabilization programs, including in the
Kurdistan Region of Iraq and other areas impacted by the
conflict in Syria, and among religious and ethnic minority
populations in Iraq: Provided, That such assistance shall be
provided in accordance with the Constitution of Iraq:
Provided further, That funds appropriated by this Act under
the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' should be made available
for assistance for the Kurdistan Region of Iraq to address
the needs of internally displaced persons and refugees:
Provided further, That the Secretary of State shall consult
with the Committees on Appropriations prior to obligating
funds made available for the Kurdistan Region of Iraq.
(2) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States
and Iraq.
(d) Jordan.--Of the funds appropriated by this Act under
titles III and IV, not less than $1,525,000,000 shall be made
available for assistance for Jordan, of which: not less than
$1,082,400,000 shall be made available under the heading
``Economic Support Fund'', of which not less than
$745,100,000 shall be made available for budget support for
the Government of Jordan; and not less than $425,000,000
shall be made available under the heading ``Foreign Military
Financing Program''.
(e) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for the Lebanese Internal Security
Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF or
the LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) Consultation.--Funds appropriated by this Act under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' that
are available for assistance for Lebanon may be made
available for programs and equipment for the ISF and the LAF
to address security and stability requirements in areas
affected by the conflict in Syria, following consultation
with the appropriate congressional committees.
(3) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are
available for assistance for Lebanon may be made available
notwithstanding section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2346 note).
(4) Foreign military financing program.--In addition to the
activities described in paragraph (2), funds appropriated
[[Page H1929]]
by this Act under the heading ``Foreign Military Financing
Program'' for assistance for Lebanon may be made available
only to professionalize the LAF and to strengthen border
security and combat terrorism, including training and
equipping the LAF to secure Lebanon's borders, interdicting
arms shipments, preventing the use of Lebanon as a safe haven
for terrorist groups, and to implement United Nations
Security Council Resolution 1701: Provided, That funds may
not be obligated for assistance for the LAF until the
Secretary of State submits to the Committees on
Appropriations a spend plan, including actions to be taken to
ensure equipment provided to the LAF is only used for the
intended purposes, except such plan may not be considered as
meeting the notification requirements under section 7015 of
this Act or under section 634A of the Foreign Assistance Act
of 1961, and shall be submitted not later than September 1,
2018: Provided further, That any notification submitted
pursuant to such sections shall include any funds
specifically intended for lethal military equipment.
(f) Libya.--
(1) Funding.--Funds appropriated by titles III and IV of
this Act shall be made available for assistance for Libya for
programs to strengthen governing institutions and civil
society, improve border security, and promote stability in
Libya, and for activities to address the humanitarian needs
of the people of Libya: Provided, That section 7015(j) of
this Act regarding notification of assistance diverted or
destroyed shall apply to funds made available for assistance
for Libya.
(2) Limitations.--
(A) Cooperation on the september 2012 attack on united
states personnel and facilities.--None of the funds
appropriated by this Act may be made available for assistance
for the central Government of Libya unless the Secretary of
State certifies and reports to the Committees on
Appropriations that such government is cooperating with
United States Government efforts to investigate and bring to
justice those responsible for the attack on United States
personnel and facilities in Benghazi, Libya in September
2012: Provided, That the limitation in this paragraph shall
not apply to funds made available for the purpose of
protecting United States Government personnel or facilities.
(B) Infrastructure projects.--The limitation on the uses of
funds in section 7041(f)(2) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) shall apply to funds
appropriated by this Act that are made available for
assistance for Libya.
(3) Certification.--Prior to the initial obligation of
funds made available by this Act for assistance for Libya,
the Secretary of State shall certify and report to the
Committees on Appropriations that all practicable steps have
been taken to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Libya.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made
available for assistance for the Western Sahara: Provided,
That not later than 90 days after enactment of this Act and
prior to the obligation of such funds, the Secretary of
State, in consultation with the USAID Administrator, shall
consult with the Committees on Appropriations on the proposed
uses of such funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may
only be used for the purposes requested in the Congressional
Budget Justification, Foreign Operations, Fiscal Year 2017.
(h) Refugee Assistance in North Africa.--Not later than 45
days after enactment of this Act, the Secretary of State,
after consultation with the United Nations High Commissioner
for Refugees and the Executive Director of the World Food
Programme, shall submit a report to the Committees on
Appropriations describing steps taken to strengthen
monitoring of the delivery of humanitarian assistance
provided for refugees in North Africa, including any steps
taken to ensure that all vulnerable refugees are receiving
such assistance.
(i) North Africa Strategy.--Not later than 60 days after
enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to
the appropriate congressional committees a strategy for
United States engagement in North Africa, which shall include
detailed information on how diplomatic engagement and
assistance will be prioritized for such region, including to
address economic and security needs.
(j) Relief and Recovery Fund.--
(1) Funds and transfer authority.--Of the funds
appropriated by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Peacekeeping Operations'', and
``Foreign Military Financing Program'', not less than
$500,000,000 shall be made available for the Relief and
Recovery Fund for assistance for areas liberated from, at
risk from, or under the control of, the Islamic State of Iraq
and Syria, other terrorist organizations, or violent
extremist organizations in the Middle East and Africa,
including for stabilization assistance for vulnerable ethnic
and religious minority communities affected by conflict:
Provided, That such funds are in addition to amounts
otherwise made available for such purposes and to amounts
specifically designated in this Act or in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) for assistance for
countries: Provided further, That such funds appropriated
under such headings may be transferred to, and merged with,
funds appropriated under such headings: Provided further,
That such transfer authority is in addition to any other
transfer authority provided by this Act or any other Act, and
is subject to the regular notification procedures of the
Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by
this Act under the heading ``International Narcotics Control
and Law Enforcement'' that are made available for the Relief
and Recovery Fund, not less than $5,000,000 shall be made
available for programs to promote accountability in Iraq and
Syria for genocide, crimes against humanity, and war crimes,
which shall be in addition to any other funds made available
by this Act for such purposes: Provided, That such programs
shall include components to develop local investigative and
judicial skills, and to collect and preserve evidence and
maintain the chain of custody of evidence, including for use
in prosecutions: Provided further, That such funds shall be
administered by the Special Coordinator for the Office of
Global Criminal Justice, Department of State: Provided
further, That funds made available by this paragraph shall
only be made available on an open and competitive basis.
(3) Cost-matching basis.--Funds appropriated pursuant to
paragraph (1) shall be made available to the maximum extent
practicable on a cost-matching basis from sources other than
the United States Government.
(k) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Peacekeeping
Operations'' shall be made available, to the extent
practicable and notwithstanding any other provision of law,
for non-lethal assistance to address the needs of civilians
affected by conflict in Syria, and programs that seek to--
(A) establish local governance in Syria that is
representative, inclusive, and accountable;
(B) empower women through political and economic programs,
and address the psychosocial needs of women and their
families in Syria and neighboring countries;
(C) develop and implement political processes that are
democratic, transparent, and strengthen the rule of law;
(D) further the legitimacy and viability of the Syrian
opposition, including local government structures in Syria
and through cross-border programs;
(E) develop and sustain civil society and independent media
in Syria;
(F) promote stability and economic development in Syria;
(G) document, investigate, and prosecute human rights
violations in Syria, including through transitional justice
programs and support for nongovernmental organizations;
(H) expand the role of women in negotiations to end the
violence and in any political transition in Syria;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher
education requirements at universities and other academic
institutions in the region, and through distance learning;
(J) assist vulnerable populations in Syria and in
neighboring countries;
(K) protect and preserve the cultural identity of the
people of Syria as a counterbalance to extremism,
particularly those living in neighboring countries and among
youth;
(L) protect and preserve cultural heritage sites in Syria,
particularly those damaged and destroyed by extremists;
(M) counter extremism in Syria; and
(N) facilitate the return of displaced persons to liberated
areas in Syria.
(2) Demining and unexploded ordnance clearance.--Funds
appropriated by this Act under the heading
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' for assistance for Syria shall be made available
for demining and unexploded ordnance clearance programs.
(3) Strategy and syrian organizations.--Funds appropriated
by this Act that are made available for assistance for Syria
pursuant to the authority of this subsection--
(A) may only be made available after the Secretary of
State, in consultation with the heads of relevant United
States Government agencies, submits, in classified form if
necessary, an update to the comprehensive strategy required
in section 7041(i)(3) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76); and
(B) shall be made available, on an open and competitive
basis, to continue a program to strengthen the capability of
Syrian civil society organizations to address the immediate
and long-term needs of the Syrian people in Syria in a manner
that supports the sustainability of such organizations in
implementing Syrian-led humanitarian and development
programs: Provided, That funds made
[[Page H1930]]
available by this paragraph shall be administered by the
Bureau for Democracy, Human Rights, and Labor, Department of
State.
(4) Limitation.--None of the funds appropriated by this Act
for assistance for Syria may be made available for a project
or activity that supports or otherwise legitimizes the
Government of Iran, foreign terrorist organizations (as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189)), or a proxy of Iran in
Syria.
(5) Monitoring, oversight, consultation, and
notification.--
(A) Prior to the obligation of funds appropriated by this
Act and made available for assistance for Syria, the
Secretary of State shall take all practicable steps to ensure
that mechanisms are in place for monitoring, oversight, and
control of such assistance inside Syria.
(B) Section 7015(j) of this Act regarding the notification
of assistance diverted or destroyed shall apply to funds made
available for assistance for Syria.
(C) Funds made available pursuant to this subsection may
only be made available following consultation with the
appropriate congressional committees, and shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(l) Tunisia.--Of the funds appropriated under titles III
and IV of this Act, not less than $165,400,000 shall be made
available for assistance for Tunisia.
(m) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank
and Gaza, the Secretary of State shall report to the
Committees on Appropriations that the purpose of such
assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available
for assistance for the Palestinian Authority, if after the
date of enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations or
any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(II) the Palestinians initiate an International Criminal
Court (ICC) judicially authorized investigation, or actively
support such an investigation, that subjects Israeli
nationals to an investigation for alleged crimes against
Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the
application of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do so
is in the national security interest of the United States,
and submits a report to such Committees detailing how the
waiver and the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of the
Senate, and the appropriate congressional committees that the
Palestinians have not, after the date of enactment of this
Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated between
Israel and the Palestinians; and
(II) initiated or actively supported an ICC investigation
against Israeli nationals for alleged crimes against
Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-
204 under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under the
preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(3) Reduction.--The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ``Economic Support Fund'' for the Palestinian
Authority by an amount the Secretary determines is equivalent
to the amount expended by the Palestinian Authority, the
Palestine Liberation Organization, and any successor or
affiliated organizations with such entities as payments for
acts of terrorism by individuals who are imprisoned after
being fairly tried and convicted for acts of terrorism and by
individuals who died committing acts of terrorism during the
previous calendar year: Provided, That the Secretary shall
report to the Committees on Appropriations on the amount
reduced for fiscal year 2018 prior to the obligation of funds
for the Palestinian Authority.
(4) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(5) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace
and coexistence with Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance
Restriction.--Funds appropriated by this Act under the
heading ``International Military Education and Training'' for
the central government of a country in the African Great
Lakes region may be made available only for Expanded
International Military Education and Training and
professional military education until the Secretary of State
determines and reports to the Committees on Appropriations
that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring
country, including aiding and abetting armed groups.
(b) Boko Haram.--Funds appropriated by this Act that are
made available for assistance for Cameroon, Chad, Niger, and
Nigeria--
(1) shall be made available for assistance for women and
girls who are targeted by the terrorist organization Boko
Haram, consistent with the provisions of section 7059 of this
Act, and for individuals displaced by Boko Haram violence;
and
(2) may be made available for counterterrorism programs to
combat Boko Haram.
(c) Central African Republic.--Funds made available by this
Act for assistance for the Central African Republic shall be
made available for reconciliation and peacebuilding programs,
including activities to promote inter-faith dialogue at the
national and local levels, and for programs to prevent crimes
against humanity.
(d) Ethiopia.--
(1) Forced evictions.--
(A) Funds appropriated by this Act for assistance for
Ethiopia may not be made available for any activity that
supports forced evictions.
(B) The Secretary of the Treasury should instruct the
United States executive director of each international
financial institution to use the voice and vote of the United
States to support projects in Ethiopia only if such projects
are developed and carried out in accordance with the
requirements of section 7029(b)(2) of this Act.
(2) Consultation.--Programs and activities to improve
livelihoods shall include prior consultation with, and the
participation of, affected communities, including in the
South Omo and Gambella regions.
(3) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations the report under this subsection in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(e) Lake Chad Basin Countries.--Funds appropriated by this
Act that are made available for assistance for Cameroon,
Chad, Niger, and Nigeria should be made available, following
consultation with the Committees on Appropriations, for--
(1) democracy programs, including to protect freedom of
expression, association, assembly, and religion, including
support for independent journalists, civil society, and
democratic political parties;
(2) assistance for governments of such countries to
strengthen accountability and the rule of law, including
within the security forces; and
(3) health and development programs.
(f) Lord's Resistance Army.--Funds appropriated by this Act
shall be made available for programs and activities in areas
affected by the Lord's Resistance Army (LRA) consistent with
the goals of the Lord's Resistance Army Disarmament and
Northern Uganda Recovery Act of 2009 (Public Law 111-172),
including to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support
the disarmament, demobilization, and reintegration of former
LRA combatants, especially child soldiers.
(g) Malawi.--Of the funds appropriated by this Act under
the heading ``Development Assistance'', not less than
$56,000,000 shall be made available for assistance for
Malawi, of which up to $10,000,000 shall be made available
for higher education programs.
(h) South Sudan.--
(1) Strategy update.--Not later than 60 days after
enactment of this Act, the Secretary of State, in
consultation with the USAID Administrator, shall submit an
update to the strategy required in section 7042(i) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31).
(2) Certification.--None of the funds appropriated by this
Act that are available for assistance for the central
Government of South Sudan may be made available until the
Secretary of State certifies and reports
[[Page H1931]]
to the Committees on Appropriations that such government is
taking effective steps to--
(A) end hostilities and pursue good faith negotiations for
a political settlement of the conflict;
(B) provide access for humanitarian organizations;
(C) end the recruitment and use of child soldiers;
(D) protect freedoms of expression, association, and
assembly;
(E) reduce corruption related to the extraction and sale of
oil and gas;
(F) establish democratic institutions;
(G) establish accountable military and police forces under
civilian authority; and
(H) investigate and prosecute individuals credibly alleged
to have committed gross violations of human rights, including
at the Terrain compound in Juba, South Sudan on July 11,
2016.
(3) Exclusions.--The limitation of paragraph (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance to support South Sudan peace negotiations or
to advance or implement a peace agreement; and
(C) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement and mutual
arrangements related to such Agreement.
(4) Consultation.--Prior to the initial obligation of funds
made available for the central Government of South Sudan
pursuant to paragraphs (3)(B) and (C), the Secretary of State
shall consult with the Committees on Appropriations on the
intended uses of such funds, steps taken by such government
to advance or implement a peace agreement, and progress made
by the Government of South Sudan in meeting the requirements
in paragraph (2).
(i) Sudan.--
(1) Limitations.--
(A) Assistance.--Notwithstanding any other provision of
law, none of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(B) Loans.--None of the funds appropriated by this Act may
be made available for the cost, as defined in section 502 of
the Congressional Budget Act of 1974, of modifying loans and
loan guarantees held by the Government of Sudan, including
the cost of selling, reducing, or canceling amounts owed to
the United States, and modifying concessional loans,
guarantees, and credit agreements.
(2) Exclusions.--The limitations of paragraph (1) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and
populations in Sudan, and Abyei; and
(D) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement, mutual
arrangements related to post-referendum issues associated
with such Agreement, or any other internationally recognized
viable peace agreement in Sudan.
(j) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant
to the Government of Zimbabwe, except to meet basic human
needs or to promote democracy, unless the Secretary of State
certifies and reports to the Committees on Appropriations
that the rule of law has been restored, including respect for
ownership and title to property, and freedoms of expression,
association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education,
unless the Secretary of State certifies and reports as
required in paragraph (1), and funds may be made available
for macroeconomic growth assistance if the Secretary reports
to the Committees on Appropriations that such government is
implementing transparent fiscal policies, including public
disclosure of revenues from the extraction of natural
resources.
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance
for Burma may be made available notwithstanding any other
provision of law, except for this subsection, and following
consultation with the appropriate congressional committees.
(B) Uses.--Funds appropriated under title III of this Act
for assistance for Burma--
(i) shall be made available to strengthen civil society
organizations in Burma and for programs to strengthen
independent media;
(ii) shall be made available for community-based
organizations operating in Thailand to provide food, medical,
and other humanitarian assistance to internally displaced
persons in eastern Burma, in addition to assistance for
Burmese refugees from funds appropriated by this Act under
the heading ``Migration and Refugee Assistance'';
(iii) shall be made available for programs to promote
ethnic and religious tolerance and to combat gender-based
violence, including in Rakhine, Shan, Kachin, and Karen
states;
(iv) shall be made available to promote rural economic
development in Burma, including through microfinance
programs;
(v) shall be made available to increase opportunities for
foreign direct investment by strengthening the rule of law,
transparency, and accountability;
(vi) shall be made available for programs to investigate
and document allegations of ethnic cleansing and other gross
violations of human rights committed against the Rohingya
people in Rakhine state at not less than the amount specified
for such programs in the table under this subsection in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That such funds shall be made available for civil society
organizations in Bangladesh and Burma for such purposes:
Provided further, That prior to the obligation of such funds,
the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, shall ensure the establishment of
a standard documentation format and documentation procedures
for use by such organizations, and shall identify an
appropriate repository for such information: Provided
further, That such sums shall be in addition to funds
otherwise made available for such purposes;
(vii) shall be made available for programs to investigate
and document allegations of gross violations of human rights
committed in Burma, particularly in areas of conflict:
Provided, That such funds shall be made available for civil
society and international organizations, including those in
countries bordering Burma, at not less than the amount
specified for such programs in the table under this
subsection in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act);
(viii) shall be made available to support the
implementation of the August 2017 Final Report of the
Advisory Commission on Rakhine State entitled ``Towards a
Peaceful, Fair and Prosperous Future for the People of
Rakhine'';
(ix) may not be made available to any individual or
organization if the Secretary of State has credible
information that such individual or organization has
committed a gross violation of human rights, including
against Rohingya and other minority groups, or that advocates
violence against ethnic or religious groups or individuals in
Burma;
(x) may not be made available to any organization or entity
controlled by the armed forces of Burma;
(xi) may be made available for ethnic groups and civil
society in Burma to help sustain ceasefire agreements and
further prospects for reconciliation and peace, which may
include support to representatives of ethnic armed groups for
this purpose; and
(xii) may only be made available for programs to support
the return of Rohingya, Karen, and other refugees and
internally displaced persons to their locations of origin or
preference in Burma if such returns are voluntary and
consistent with international law.
(C) Regional programs.--Funds appropriated under title III
of this Act shall be made available for regional programs to
address violent extremism, which shall be administered by the
Mission Director of the Regional Development Mission for
Asia, USAID.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That the Department of State may continue
consultations with the armed forces of Burma only on human
rights and disaster response in a manner consistent with the
prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) Multilateral assistance.--The Secretary of the Treasury
should instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to support projects in Burma only if
such projects are developed and carried out in accordance
with the requirements of section 7029(b)(2) of this Act.
(4) Certification and waiver.--
(A) Notwithstanding any provision of this subsection, of
the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for Burma, 15 percent may not be obligated until
the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Burma--
(i) has terminated military cooperation with North Korea;
(ii) is respecting human rights and the rule of law,
including the arrest and prosecution of journalists and two
Kachin pastors in December 2016;
(iii) is revising, updating, or repealing colonial-era and
other oppressive laws that are used in such prosecutions,
including the Unlawful Associations Act; and
(iv) is credibly investigating the murder of U Ko Ni, and
is taking steps to protect and defend the security and safety
of other activists.
(B) The Secretary of State may waive the requirements of
this paragraph if the Secretary determines and reports to the
Committees on Appropriations that do so is in the national
interest.
(5) Programs, position, and responsibilities.--
(A) Any new program or activity in Burma initiated in
fiscal year 2018 shall be subject
[[Page H1932]]
to prior consultation with the appropriate congressional
committees.
(B) Section 7043(b)(7) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2018.
(C) The United States Chief of Mission in Burma, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State, shall be
responsible for democracy and human rights programs in Burma.
(b) Cambodia.--
(1) Assistance.--
(A) None of the funds appropriated by this Act that are
made available for assistance for the Government of Cambodia
may be obligated or expended unless the Secretary of State
certifies and reports to the Committees on Appropriations
that such Government is taking effective steps to--
(i) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanctions with
respect to North Korea; and
(ii) respect the rights and responsibilities enshrined in
the Constitution of the Kingdom of Cambodia as enacted in
1993, including through the--
(I) restoration of the civil and political rights of the
opposition Cambodia National Rescue Party, media, and civil
society organizations;
(II) restoration of all elected officials to their elected
offices; and
(III) release of all political prisoners, including
journalists, civil society activists, and members of the
opposition political party.
(B) Funds appropriated under title III of this Act for
assistance for Cambodia shall be made available for--
(i) democracy programs, including research and education
programs associated with the Khmer Rouge in Cambodia, except
that no funds for such purposes may be made available to the
Extraordinary Chambers in the Court of Cambodia; and
(ii) programs in the Khmer language to counter the
influence of the People's Republic of China in Cambodia.
(2) Visa restriction.--Funds appropriated under title I of
this Act shall be made available to continue to implement the
policy announced by the Department of State on December 6,
2017, to restrict the issuance of visas to enter the United
States to individuals involved in undermining democracy in
Cambodia, including the family members of such individuals,
as appropriate: Provided, That not later than 30 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees describing
the implementation of such policy.
(c) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be
made available for assistance for the central government of a
country the Secretary of State determines and reports to the
appropriate congressional committees engages in significant
transactions contributing materially to the malicious cyber-
intrusion capabilities of the Government of North Korea:
Provided, That the Secretary of State shall submit the report
required by section 209 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C.
9229), as amended, to the Committees on Appropriations in the
manner described in subparagraph (2)(A) of such section:
Provided further, That the Secretary of State may waive the
application of the restriction in this paragraph with respect
to assistance for the central government of a country if the
Secretary determines and reports to the appropriate
congressional committees that to do so is important to the
national security interest of the United States, including a
description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be
made available to maintain broadcasting hours into North
Korea at levels not less than the prior fiscal year.
(3) Refugees.--Funds appropriated by this Act under the
heading ``Migration and Refugee Assistance'' should be made
available for assistance for refugees from North Korea,
including protection activities in the People's Republic of
China and other countries in Asia.
(4) Human rights promotion, database, and limitation on use
of funds.--
(A) Human rights promotion.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``Democracy Fund'', not less than $8,000,000 shall be made
available for the promotion of human rights in North Korea:
Provided, That such funds shall be administered by the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State: Provided further, That the authority of
section 7032(b) of this Act shall apply to such funds.
(B) Database.--Funds appropriated by this Act under title
III shall be made available to maintain a database of prisons
and gulags in North Korea, in accordance with section 7032(i)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law
113-76).
(C) Limitation.--None of the funds made available by this
Act under the heading ``Economic Support Fund'' may be made
available for assistance for the Government of North Korea.
(d) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic and Consular
Programs'' in this Act may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China (PRC) unless,
at least 15 days in advance, the Committees on Appropriations
are notified of such proposed action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.
(3) Counter influence programs.--Funds appropriated by this
Act for public diplomacy under title I and for assistance
under titles III and IV shall be made available to counter
the influence of the PRC, in accordance with the strategy
required by section 7043(e)(3) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76), following
consultation with the Committees on Appropriations.
(4) Authority and notification requirement.--
(A) Authority.--The uses of funds made available by this
Act for the promotion of democracy in the PRC, except for
funds made available under subsection (f), shall be the
responsibility of the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State.
(B) Notification.--Funds appropriated by this Act that are
made available for trilateral programs conducted with the PRC
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(e) Philippines.--Funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'' may be made available for counternarcotics
assistance for the Philippine National Police only if the
Secretary of State determines and reports to the Committees
on Appropriations that the Government of the Philippines has
adopted and is implementing a counternarcotics strategy that
is consistent with international human rights standards,
including investigating and prosecuting individuals who are
credibly alleged to have ordered, committed, or covered up
extrajudicial killings and other gross violations of human
rights in the conduct of counternarcotics operations:
Provided, That the limitation of this paragraph shall not
apply to funds made available for drug demand reduction or
maritime programs, or to support for the development of such
counternarcotics strategy following consultation with the
appropriate congressional committees.
(f) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan
people and respect Tibetan culture and traditions, and are
subject to effective monitoring.
(2) Programs for tibetan communities.--
(A) Tibet autonomous region.--Notwithstanding any other
provision of law, of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than
$8,000,000 shall be made available to nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development, education,
and environmental conservation in Tibetan communities in the
Tibet Autonomous Region and in other Tibetan communities in
China.
(B) India and nepal.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$6,000,000 shall be made available for programs to promote
and preserve Tibetan culture, development, and the resilience
of Tibetan communities in India and Nepal, and to assist in
the education and development of the next generation of
Tibetan leaders from such communities: Provided, That such
funds are in addition to amounts made available in
subparagraph (A) for programs inside Tibet.
(C) Tibetan governance.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less
than $3,000,000 shall be made available for programs to
strengthen the capacity of Tibetan institutions and
governance.
(g) Vietnam.--
[[Page H1933]]
(1) Dioxin remediation.--Notwithstanding any other
provision of law, of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than
$20,000,000 shall be made available for activities related to
the remediation of dioxin contaminated sites in Vietnam and
may be made available for assistance for the Government of
Vietnam, including the military, for such purposes.
(2) Health and disability programs.--Of the funds
appropriated by this Act under the heading ``Development
Assistance'', not less than $10,000,000 shall be made
available for health and disability programs in areas sprayed
with Agent Orange and otherwise contaminated with dioxin, to
assist individuals with severe upper or lower body mobility
impairment or cognitive or developmental disabilities.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Assistance and conditions.--
(A) Funding and limitations.--Funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' may
be made available for assistance for Afghanistan: Provided,
That such funds may not be obligated for any project or
activity that--
(i) includes the participation of any Afghan individual or
organization, including government entity, if the Secretary
of State has credible information that such individual,
organization, or entity is involved in corrupt practices,
illicit narcotics production or trafficking, or a violation
of human rights;
(ii) cannot be sustained, as appropriate, by the Government
of Afghanistan or another Afghan entity;
(iii) is not regularly accessible for the purposes of
conducting effective oversight in accordance with applicable
Federal statutes and regulations;
(iv) initiates any new, major infrastructure development;
or
(v) is conducted in areas where project and resource
disbursement monitoring cannot be performed, unless the
Secretary of State, in consultation with the Administrator of
the United States Agency for International Development,
certifies to the Committees on Appropriations that to do so
is in the national security interest of the United States,
and submits a report to such Committees describing such
interest, including how such project or activity does not
legitimize the Taliban or other extremist organizations.
(B) Certification and report.--Prior to the initial
obligation of funds made available by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' for assistance for
the central Government of Afghanistan, the Secretary of State
shall certify and report to the Committees on Appropriations,
after consultation with the Government of Afghanistan, that--
(i) goals and benchmarks for the specific uses of such
funds have been established by the Governments of the United
States and Afghanistan;
(ii) conditions are in place that increase the transparency
and accountability of the Government of Afghanistan for funds
obligated under the New Development Partnership or other
incentive-based programs;
(iii) the Government of Afghanistan is implementing laws
and policies to govern democratically and protect the rights
of individuals, civil society, and the media;
(iv) the Government of Afghanistan is taking consistent
steps to protect and advance the rights of women and girls in
Afghanistan;
(v) the Government of Afghanistan is effectively
implementing a whole-of-government, anti-corruption strategy
that has been endorsed by the High Council on Rule of Law and
Anti-Corruption, as agreed to at the Brussels Conference on
Afghanistan in October 2016, and is prosecuting individuals
alleged to be involved in corrupt or illegal activities in
Afghanistan;
(vi) monitoring and oversight frameworks for programs
implemented with such funds are in accordance with all
applicable audit policies of the Department of State and
USAID, including in areas under the control of the Taliban or
other extremist organizations;
(vii) the necessary policies and procedures are in place to
ensure Government of Afghanistan compliance with section 7013
of this Act, ``Prohibition on Taxation of United States
Assistance''; and
(viii) the Government of Afghanistan is publicly reporting
its national budget, including revenues and expenditures.
(C) Waiver.--The Secretary of State may waive the
certification requirement of subparagraph (B) if the
Secretary determines that to do so is important to the
national security interest of the United States and the
Secretary submits a report to the Committees on
Appropriations, in classified form if necessary, on the
justification for the waiver and the reasons why any of the
requirements of subparagraph (B) cannot be met.
(D) Programs.--Funds appropriated by this Act that are made
available for assistance for Afghanistan shall be made
available--
(i) for programs that protect and strengthen the rights of
women and girls and promote the political and economic
empowerment of women, including their meaningful inclusion in
political processes: Provided, That such assistance to
promote economic empowerment of women shall be made available
as grants to Afghan organizations, to the maximum extent
practicable;
(ii) for programs in South and Central Asia to expand
linkages between Afghanistan and countries in the region; and
(iii) to assist the Government of Afghanistan to develop
transparent budgetary processes, including executing a
consistently applied system of legitimate revenue generation
and expenditure.
(E) Taxation.--None of the funds appropriated by this Act
for assistance for Afghanistan may be made available for
direct government-to-government assistance unless the
Secretary of State certifies and reports to the Committees on
Appropriations that--
(i) the United States Government and the Government of
Afghanistan have in place the agreements necessary to ensure
compliance with the principles set forth in section 7013 of
this Act; and
(ii) United States companies and organizations that are
implementing United States assistance programs in Afghanistan
in a manner consistent with United States laws and
regulations are not subjected by the Government of
Afghanistan to taxes or other fees in contravention of the
agreements referenced in clause (i), and are not subjected to
retaliation by the Government of Afghanistan for the
nonpayment of such taxes or fees imposed in the past:
Provided, That not later than 90 days after enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations an assessment of the dollar value of improper
taxes or fees levied by such government against such
companies and organizations in fiscal year 2017.
(2) Goals and benchmarks.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report describing
the goals and benchmarks required in paragraph (1)(B)(i):
Provided, That not later than 6 months after the submission
of such report and every 6 months thereafter until September
30, 2019, the Secretary of State shall submit a report to
such committees on the status of achieving such goals and
benchmarks: Provided further, That the Secretary of State
should suspend assistance for the Government of Afghanistan
if any report required by this paragraph indicates that such
government is failing to make measurable progress in meeting
such goals and benchmarks.
(3) Authorities.--
(A) Funds appropriated by this Act under title III through
VI that are made available for assistance for Afghanistan may
be made available--
(i) notwithstanding section 7012 of this Act or any similar
provision of law and section 660 of the Foreign Assistance
Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the Government
of Afghanistan, in accordance with section 7046(a)(2)(B)(ii)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74); and
(iii) for an endowment to empower women and girls.
(B) Section 7046(a)(2)(A) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112-74) shall apply to funds
appropriated by this Act for assistance for Afghanistan.
(4) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Nepal.--
(1) Assistance.--Not less than $121,480,000 of the funds
appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for assistance for Nepal,
including for earthquake recovery and reconstruction
programs.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' shall only be made available for humanitarian and
disaster relief and reconstruction activities in Nepal, and
in support of international peacekeeping operations:
Provided, That such funds may only be made available for any
additional uses if the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Nepal is investigating and prosecuting
violations of human rights and the laws of war, and the Nepal
Army is cooperating fully with civilian judicial authorities
in such cases.
(c) Pakistan.--
(1) International security assistance.--
(A) Limitation.--Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for assistance
for Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan.
(B) Consultation.--Not later than 30 days after enactment
of this Act, and prior to the submission of the report
required by section 653(a) of the Foreign Assistance Act of
1961, the Secretary of State shall consult with the
Committees on Appropriations on the amount of funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'' that is anticipated to be subject to the
January 2018 policy decision of
[[Page H1934]]
the United States to suspend security assistance for
Pakistan: Provided, That the Secretary shall promptly inform
the appropriate congressional committees in writing of any
changes to such policy, the justification for such changes,
and the progress made by the Government of Pakistan in
meeting the counterterrorism objectives described under this
section in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act).
(C) Reprogramming.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Foreign Military Financing Program'' for assistance for
Pakistan that are withheld from obligation or expenditure by
the Department of State may be reprogrammed by the Secretary
of State, except that no such funds may be reprogrammed that
are required to complete payment on existing and previously
approved contracts: Provided, That such reprogramming shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(2) Bilateral economic assistance report.--Prior to the
obligation of funds made available by this Act under the
heading ``Economic Support Fund'' for assistance for the
central Government of Pakistan, the Secretary of State shall
submit a report to the appropriate congressional committees
detailing--
(A) the amount of financing and other support, if any,
provided by the Government of Pakistan to schools supported
by, affiliated with, or run by the Taliban or any domestic or
foreign terrorist organization in Pakistan;
(B) the extent of cooperation by such government in issuing
visas in a timely manner for United States visitors,
including officials and representatives of nongovernmental
organizations, engaged in assistance and security programs in
Pakistan; and
(C) the extent to which such government is providing
humanitarian organizations access to detainees, internally
displaced persons, and other Pakistani civilians affected by
conflict in Pakistan and the region.
(3) Authority and uses of funds.--
(A) Funds appropriated by this Act for assistance for
Pakistan may be made available notwithstanding any other
provision of law, except for section 620M of the Foreign
Assistance Act of 1961.
(B) Funds appropriated by this Act for assistance for
Pakistan that are made available for infrastructure projects
shall be implemented in a manner consistent with section
507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(C) The authorities and directives of section 7044(d)(4) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235) regarding scholarships for women shall apply to
funds appropriated by this Act for assistance for Pakistan,
following consultation with the Committees on Appropriations.
(D) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' that are made
available for assistance for Pakistan shall be made available
to interdict precursor materials from Pakistan to Afghanistan
that are used to manufacture improvised explosive devices and
for agriculture extension programs that encourage alternative
fertilizer use among Pakistani farmers to decrease the dual
use of fertilizer in the manufacturing of improvised
explosive devices.
(E) Funds appropriated by this Act for assistance for
Pakistan shall be made available for border security
programs, following consultation with the Committees on
Appropriations.
(F) Funds appropriated by title III of this Act shall be
made available for programs to promote democracy in Pakistan.
(4) Withholding.--Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released from
prison and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin Laden.
(5) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Pakistan: Provided, That
the Secretary shall inform the Committees on Appropriations
of such steps in a timely manner.
(d) Sri Lanka.--
(1) Bilateral economic assistance.--Of the funds
appropriated under title III of this Act, not less than
$35,000,000 shall be made available for assistance for Sri
Lanka for economic development and democracy programs,
particularly in areas recovering from ethnic and religious
conflict: Provided, That such funds shall be made available
for programs to assist in the identification and resolution
of cases of missing persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be
made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Sri Lanka is--
(A) repealing laws that do not comply with international
standards for arrest and detention by security forces, and
ensuring that any successor legislation meets such standards;
(B) increasing accountability and transparency in
governance;
(C) investigating allegations of arbitrary arrest and
torture, and supporting a credible justice mechanism in
compliance with United Nations Human Rights Council
Resolution (A/HCR/30/L.29) of October 2015;
(D) returning military occupied private lands in former
conflict zones to their rightful owners or compensating those
whose land was confiscated without due process, which
includes legal steps and surveys to determine proper title to
disputed lands, and which is in addition to steps taken
during the previous calendar year;
(E) establishing a functioning office of missing persons
and assisting its investigations of cases of missing persons
from Sri Lanka's internal armed conflicts, and publishing
lists of all persons who surrendered to such Government after
the end of the civil war in May 2009; and
(F) substantially reducing the presence of the armed forces
in former conflict zones and implementing a plan for
restructuring and reducing the size of the armed forces to
adopt a peacetime role that contributes to post-conflict
reconciliation and regional security.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance
for Sri Lanka shall be subject to the following conditions--
(A) not to exceed $500,000 under the heading ``Foreign
Military Financing Program'' may only be made available for
programs to support humanitarian and disaster response
preparedness and maritime security; and
(B) funds under the heading ``Peacekeeping Operations'' may
only be made available for training and equipment related to
international peacekeeping operations, and only if the
Government of Sri Lanka is taking effective steps to bring to
justice Sri Lankan peacekeeping troops who have engaged in
sexual exploitation and abuse.
(e) Regional Programs.--
(1) Cross border programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance
for Afghanistan and Pakistan may be provided, notwithstanding
any other provision of law that restricts assistance to
foreign countries, for cross border stabilization and
development programs between Afghanistan and Pakistan, or
between either country and the Central Asian countries.
(2) Security and justice programs.--Funds appropriated by
this Act that are made available for assistance for countries
in South and Central Asia shall be made available to
accelerate the recruitment and enhance the retention and
professionalism of women in the judiciary, police, and other
security forces.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Funding.--Subject to the requirements of this
subsection, of the funds appropriated under titles III and IV
of this Act, up to $615,000,000 may be made available for
assistance for countries in Central America to implement the
United States Strategy for Engagement in Central America (the
Strategy): Provided, That such funds shall be made available
to the maximum extent practicable on a cost-matching basis.
(2) Pre-obligation requirements.--Prior to the obligation
of funds made available pursuant to paragraph (1), the
Secretary of State shall submit to the Committees on
Appropriations an updated multi-year spend plan as described
under this subsection in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(3) Assistance for the central governments of el salvador,
guatemala, and honduras.--Of the funds made available
pursuant to paragraph (1) that are available for assistance
for each of the central governments of El Salvador,
Guatemala, and Honduras, except for funds made available for
the International Commission against Impunity in Guatemala or
the Mission to Support the Fight against Corruption and
Impunity in Honduras, the following amounts shall be withheld
from obligation and may only be made available as follows:
(A) 25 percent may only be obligated after the Secretary of
State certifies and reports to the appropriate congressional
committees that such government is--
(i) informing its citizens of the dangers of the journey to
the southwest border of the United States;
(ii) combating human smuggling and trafficking;
(iii) improving border security, including preventing
illegal migration, human smuggling and trafficking, and
trafficking of illicit drugs and other contraband; and
(iv) cooperating with United States Government agencies and
other governments in the region to facilitate the return,
repatriation, and reintegration of illegal migrants arriving
at the southwest border of the United States who do not
qualify for asylum, consistent with international law.
(B) An additional 50 percent may only be obligated after
the Secretary of State certifies and reports to the
appropriate congressional committees that such government
is--
(i) working cooperatively with an autonomous, publicly
accountable entity to provide oversight of the Plan of the
Alliance for Prosperity in the Northern Triangle in Central
America (the Plan);
(ii) combating corruption, including investigating and
prosecuting current and former
[[Page H1935]]
government officials credibly alleged to be corrupt;
(iii) implementing reforms, policies, and programs to
improve transparency and strengthen public institutions,
including increasing the capacity and independence of the
judiciary and the Office of the Attorney General;
(iv) implementing a policy to ensure that local
communities, civil society organizations (including
indigenous and other marginalized groups), and local
governments are consulted in the design, and participate in
the implementation and evaluation of, activities of the Plan
that affect such communities, organizations, and governments;
(v) countering the activities of criminal gangs, drug
traffickers, and organized crime;
(vi) investigating and prosecuting in the civilian justice
system government personnel, including military and police
personnel, who are credibly alleged to have violated human
rights, and ensuring that such personnel are cooperating in
such cases;
(vii) cooperating with commissions against corruption and
impunity and with regional human rights entities;
(viii) supporting programs to reduce poverty, expand
education and vocational training for at-risk youth, create
jobs, and promote equitable economic growth, particularly in
areas contributing to large numbers of migrants;
(ix) implementing a plan that includes goals, benchmarks,
and timelines to create a professional, accountable civilian
police force and end the role of the military in internal
policing, and make such plan available to the Department of
State;
(x) protecting the right of political opposition parties,
journalists, trade unionists, human rights defenders, and
other civil society activists to operate without
interference;
(xi) increasing government revenues, including by
implementing tax reforms and strengthening customs agencies;
and
(xii) resolving commercial disputes, including the
confiscation of real property, between United States entities
and such government.
(4) Determinations and impact on assistance.--
(A) Insufficient progress.--The Secretary of State shall
periodically review the progress of each of the central
governments of El Salvador, Guatemala, and Honduras in
meeting the requirements of paragraphs (3)(A) and (3)(B):
Provided, That if the Secretary determines and reports to the
appropriate congressional committees that sufficient progress
has not been made by such government in meeting such
requirements, the Secretary shall suspend, in whole or in
part, assistance for such government for programs supporting
such requirement, and shall notify the appropriate
congressional committees in writing of such action: Provided
further, That the Secretary may resume such assistance if the
Secretary determines and reports to such committees that
corrective measures have been taken by such government.
(B) Extraordinary progress.--The Secretary of State may,
notwithstanding section 7019 of this Act, increase assistance
for El Salvador, Guatemala, or Honduras if the Secretary
determines and reports to the appropriate congressional
committees that the central government of such country has
made extraordinary progress in meeting the requirements of
paragraphs (3)(A) and (3)(B): Provided, That such increase
shall be provided in the amounts designated as Award for
Extraordinary Progress in the table under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That such determination may be made for not more
than one country and following the submission of the reports
for such country submitted pursuant to paragraphs (3)(A) and
(3)(B).
(C) Change in national government.--Not later than 90 days
following a change of national government in El Salvador,
Guatemala, or Honduras, the Secretary of State shall
determine whether or not such government is meeting the
requirements of paragraphs (3)(A) and (3)(B) and submit a
report to the appropriate congressional committees detailing
the reasons for such determination: Provided, That if the
Secretary determines that such government is not meeting such
requirements, then the Secretary shall suspend, in whole or
in part, assistance for such central government until such
time as such determination and report can be made.
(D) Reprogramming.--
(i) Assistance suspended pursuant to subparagraphs (A) or
(C) may be reprogrammed if the Secretary of State determines
that corrective measures have not been taken.
(ii) If the Secretary is unable to make a determination
pursuant to subparagraph (B) within 180 days after enactment
of this Act, amounts designated under such subparagraph may
be reprogrammed.
(iii) Any reprogramming made pursuant to clauses (i) or
(ii) shall only be made available for assistance for other
countries in Latin America and the Caribbean and shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(5) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations not less than 14 days
prior to submitting any certification made pursuant to
subsection (a)(3) and any suspension or reprogramming made
pursuant to subsection (a)(4).
(6) Limitation.--None of the funds made available by this
subsection for assistance for countries in Central America
may be made available for direct government-to-government
assistance or for major infrastructure projects.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $391,253,000 shall be
made available for assistance for Colombia, including to
support the efforts of the Government of Colombia to--
(A) conduct a unified campaign against narcotics
trafficking, organizations designated as foreign terrorist
organizations pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), and other criminal or
illegal armed groups: Provided, That aircraft supported by
funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be used to transport
personnel and supplies involved in drug eradication and
interdiction, including security for such activities, and to
provide transport in support of alternative development
programs and investigations by civilian judicial authorities;
(B) enhance security and stability in Colombia and the
region;
(C) strengthen and expand governance, the rule of law, and
access to justice throughout Colombia;
(D) promote economic and social development, including by
improving access to areas impacted by conflict through
demining programs; and
(E) implement a peace agreement between the Government of
Colombia and illegal armed groups, in accordance with
constitutional and legal requirements in Colombia:
Provided, That such funds shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(2) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for Colombia may be made available
for payment of reparations to conflict victims or
compensation to demobilized combatants associated with a
peace agreement between the Government of Colombia and
illegal armed groups.
(3) Pre-obligation requirements.--Prior to the initial
obligation of funds made available pursuant to paragraph (1),
the Secretary of State, in consultation with the USAID
Administrator, shall submit to the Committees on
Appropriations an updated multi-year spend plan as described
under this subsection in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(4) Apportionment and transfer.--Funds made available by
this Act under the heading ``Economic Support Fund'' for
assistance for Colombia shall be apportioned directly to
USAID, except that not less than $7,000,000 of such funds
shall be transferred to, and merged with, funds appropriated
by this Act under the heading ``Migration and Refugee
Assistance'' for assistance for Colombian refugees in
neighboring countries.
(5) Counternarcotics.--Of the funds made available by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' for
counternarcotics assistance for Colombia, 25 percent may be
obligated only after the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Colombia has reduced overall illicit drug
cultivation, production, and trafficking.
(6) Human rights.--Of the funds made available by this Act
under the heading ``Foreign Military Financing Program'' for
assistance for Colombia, 20 percent may be obligated only in
accordance with the conditions set forth under section 7045
in Senate Report 115-152.
(7) Exceptions.--The limitations of paragraphs (5) and (6)
shall not apply to funds made available for aviation
instruction and maintenance, and maritime and riverine
security programs.
(c) Haiti.--
(1) Certification.--Funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic
Support Fund'' that are made available for assistance for
Haiti may not be made available for assistance for the
central Government of Haiti unless the Secretary of State
certifies and reports to the Committees on Appropriations
that such government is taking effective steps, which are in
addition to steps taken since the certification and report
submitted during the prior year, if applicable, to--
(A) strengthen the rule of law in Haiti, including by--
(i) selecting judges in a transparent manner based on
merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the judiciary; and
(iv) improving governance by implementing reforms to
increase transparency and accountability, including through
the penal and criminal codes;
(B) combat corruption, including by implementing the anti-
corruption law enacted in 2014 and prosecuting corrupt
officials;
(C) increase government revenues, including by implementing
tax reforms, and increasing expenditures on public services;
and
(D) resolve commercial disputes between United States
entities and the Government of Haiti.
[[Page H1936]]
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
(d) Venezuela.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than
$15,000,000 shall be made available for programs to promote
democracy and the rule of law in Venezuela.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $105,325,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $420,700,000 shall be made
available for assistance for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for a government of an
Independent State of the former Soviet Union if such
government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent
State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: Provided, That except as
otherwise provided in section 7070(a) of this Act, funds may
be made available without regard to the restriction in this
subsection if the President determines that to do so is in
the national security interest of the United States:
Provided further, That prior to executing the authority
contained in the previous proviso, the Secretary of State
shall consult with the Committees on Appropriations on how
such assistance supports the national security interest of
the United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of
the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.)
and section 1424 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation
assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act
may be used to facilitate or support the sale of defense
articles or defense services to the Turkish Presidential
Protection Directorate (TPPD) under chapter 2 of the Arms
Export Control Act (22 U.S.C. 2761 et seq.), unless the
Secretary of State determines and reports to the appropriate
congressional committees that members of the TPPD named in
the July 17, 2017 indictment by the Superior Court of the
District of Columbia have returned to the United States to
stand trial in connection with the offenses contained in such
indictment or have otherwise been brought to justice:
Provided, That the limitation in this paragraph shall not
apply to the use of funds made available by this Act for
border security purposes, for North Atlantic Treaty
Organization or coalition operations, or to enhance the
protection of United States officials and facilities in
Turkey.
war crimes tribunals
Sec. 7047. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided,
That the determination required under this section shall be
in lieu of any determinations otherwise required under
section 552(c): Provided further, That funds made available
pursuant to this section shall be made available subject to
the regular notification procedures of the Committees on
Appropriations.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Restrictions.--Of the funds appropriated under title I
and under the heading ``International Organizations and
Programs'' in title V of this Act that are available for
contributions to the United Nations (including the Department
of Peacekeeping Operations), any United Nations agency, or
the Organization of American States, 15 percent may not be
obligated for such organization, department, or agency until
the Secretary of State determines and reports to the
Committees on Appropriations that the organization,
department, or agency is--
(A) posting on a publicly available Web site, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(B) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices
for--
(i) protection against retaliation for internal and lawful
public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to independent adjudicative bodies, including
external arbitration; and
(v) results that eliminate the effects of proven
retaliation; and
(C) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first class and business class travel.
(2) Waiver.--The restrictions imposed by or pursuant to
paragraph (1) may be waived on a case-by-case basis if the
Secretary of State determines and reports to the Committees
on Appropriations that such waiver is necessary to avert or
respond to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses
for any United States delegation to any specialized agency,
body, or commission of the United Nations if such agency,
body, or commission is chaired or presided over by a country,
the government of which the Secretary of State has
determined, for purposes of section 6(j)(1) of the Export
Administration Act of 1979 as continued in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
App. 2405(j)(1)), supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State
as a contribution to any organization, agency, commission, or
program within the United Nations system if such
organization, agency, commission, or program is chaired or
presided over by a country the government of which the
Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961, section 40 of the
Arms Export Control Act, section 6(j)(1) of the Export
Administration Act of 1979, or any other provision of law, is
a government that has repeatedly provided support for acts of
international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines
and reports to the Committees on Appropriations that to do so
is important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of
the United Nations Human Rights Council unless the Secretary
of State determines and reports to the Committees on
Appropriations that participation in the Council is important
to the national interest of the United States and that such
Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of
members to such Council: Provided, That such report shall
include a description of the national interest served and the
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council:
Provided further, That the Secretary of State shall report to
the Committees on Appropriations not later than September 30,
2018, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council.
(d) United Nations Relief and Works Agency.--Prior to the
initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), and not later than 45 days after
enactment of this Act, the Secretary of State shall submit a
report in writing to the Committees on Appropriations on
whether UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance
Act of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to
ensure they are only used for humanitarian or other
appropriate purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it
has taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of
[[Page H1937]]
human rights, dignity, and tolerance and does not induce
incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States
law, and is taking steps to improve the financial
transparency of the organization; and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in
a timely fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--
None of the funds appropriated or made available pursuant to
titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole
or in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961, the costs for participation of another country's
delegation at international conferences held under the
auspices of multilateral or international organizations.
(f) Capital Projects.--None of the funds made available by
this Act may be used for the design, renovation, or
construction of the United Nations Headquarters in New York:
Provided, That any operating plan submitted pursuant to this
Act for funds made available under the heading
``Contributions to International Organizations'' shall
include information on capital projects, as described under
such heading in House Report 115-253.
(g) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds
available for obligation or expenditure in fiscal year 2018
for contributions to any organization, department, agency, or
program within the United Nations system or any international
program that are withheld from obligation or expenditure due
to any provision of law: Provided, That the Secretary of
State shall update such report each time additional funds are
withheld by operation of any provision of law: Provided
further, That the reprogramming of any withheld funds
identified in such report, including updates thereof, shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(h) Sexual Exploitation and Abuse in Peacekeeping
Operations.--
(1) In general.--Funds appropriated by this Act shall be
made available to implement section 301 of the Department of
State Authorities Act, Fiscal Year 2017 (Public Law 114-323).
(2) Withholding of funds.--The Secretary of State should
withhold assistance to any unit of the security forces of a
foreign country if the Secretary has credible information
that such unit has engaged in sexual exploitation or abuse,
including while serving in a United Nations peacekeeping
operation, until the Secretary determines that the government
of such country is taking effective steps to bring the
responsible members of such unit to justice and to prevent
future incidents: Provided, That the Secretary shall
promptly notify the government of each country subject to any
withholding of assistance pursuant to this paragraph, and
shall notify the appropriate congressional committees of such
withholding not later than 10 days after a determination to
withhold such assistance is made: Provided further, That the
Secretary shall, to the maximum extent practicable, assist
such government in bringing the responsible members of such
unit to justice.
(3) Transfer of funds.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less
than $1,000,000 shall be transferred to, and merged with,
funds appropriated under the heading ``International
Organizations and Programs'' for the United Nations Office of
the Special Coordinator on Improving the UN Response to
Sexual Exploitation and Abuse: Provided, That such transfer
authority shall be exercised not later than 60 days after
enactment of this Act.
(i) Additional Availability.--Funds appropriated under
titles I and V of this Act which are returned or not made
available due to the implementation of subsection (a) or the
second proviso under the heading ``Contributions for
International Peacekeeping Activities'' of such title shall
remain available for obligation until September 30, 2019.
(j) National Security Interest Withholding.--
(1) Withholding.--The Secretary of State shall withhold 5
percent of the funds appropriated by this Act under the
heading ``Contributions to International Organizations'' for
a specialized agency or other entity of the United Nations if
the Secretary, in consultation with the United States
Ambassador to the United Nations, determines and reports to
the Committees on Appropriations that such agency or entity
has taken an official action that is against the national
security interest of the United States or an ally of the
United States, including Israel.
(2) Release of funds.--The Secretary of State, in
consultation with the United States Ambassador to the United
Nations, may release funds withheld pursuant to paragraph (1)
if the Secretary determines and reports to the Committees on
Appropriations that such agency or entity is taking steps to
address the action that resulted in the withholding of such
funds.
(3) Reprogramming.--Should the Secretary of State be unable
to make a determination pursuant to paragraph (2) regarding
the release of withheld funds, such funds may be reprogrammed
for other purposes under the heading ``Contributions to
International Organizations''.
(4) Waiver.--The Secretary of State, following consultation
with the Committees on Appropriations, may waive the
requirements of this subsection if the Secretary determines
that to do so in the national interest.
community-based police assistance
Sec. 7049. Funds made available by titles III and IV of
this Act to carry out the provisions of chapter 1 of part I
and chapters 4 and 6 of part II of the Foreign Assistance Act
of 1961, may be used, notwithstanding section 660 of that
Act, to enhance the effectiveness and accountability of
civilian police authority through training and technical
assistance in human rights, the rule of law, anti-corruption,
strategic planning, and through assistance to foster civilian
police roles that support democratic governance, including
assistance for programs to prevent conflict, respond to
disasters, address gender-based violence, and foster improved
police relations with the communities they serve.
disability programs
Sec. 7050. (a) Assistance.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' shall be made
available for programs and activities administered by the
United States Agency for International Development to address
the needs and protect and promote the rights of people with
disabilities in developing countries, including initiatives
that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports, and
integration of individuals with disabilities, including for
the cost of translation.
(b) Management, Oversight, and Technical Support.--Of the
funds made available pursuant to this section, 5 percent may
be used for USAID for management, oversight, and technical
support.
international conferences
Sec. 7051. None of the funds made available in this Act
may be used to send or otherwise pay for the attendance of
more than 50 employees of agencies or departments of the
United States Government who are stationed in the United
States, at any single international conference occurring
outside the United States, unless the Secretary of State
reports to the Committees on Appropriations at least 5 days
in advance that such attendance is important to the national
interest: Provided, That for purposes of this section the
term ``international conference'' shall mean a conference
attended by representatives of the United States Government
and of foreign governments, international organizations, or
nongovernmental organizations.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used
for any other program and in any region.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after the Secretary of State
determines and reports to the Committees on Appropriations
that the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department of
State and USAID programs and activities: Provided further,
That official travel for other agencies for other purposes
may be supported on a reimbursable basis, or without
reimbursement when traveling on a space available basis:
Provided further, That funds received by the Department of
State in connection with the use of aircraft owned, leased,
or chartered by the Department of State may be credited to
the Working Capital Fund of the Department and shall be
available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose
of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne
by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign
[[Page H1938]]
Operations, and Related Programs Appropriations Act, 2011
(division F of Public Law 111-117) shall apply to this Act:
Provided, That the date ``September 30, 2009'' in subsection
(f)(2)(B) of such section shall be deemed to be ``September
30, 2017''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other
provision of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the clearance of
landmines and unexploded ordnance for humanitarian purposes
may be disposed of on a grant basis in foreign countries,
subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license
for cluster munitions may be issued, and no cluster munitions
or cluster munitions technology shall be sold or transferred,
unless--
(1) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments, and the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or cluster
munitions technology specifies that the cluster munitions
will only be used against clearly defined military targets
and will not be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 22
U.S.C. 2151a note).
continuous supervision and general direction of economic and military
assistance
Sec. 7056. (a) Under the direction of the President, the
Secretary of State shall be responsible for the continuous
supervision and general direction of economic assistance, law
enforcement and justice sector assistance, military
assistance, and military education and training programs,
including but not limited to determining whether there shall
be a military assistance (including civic action) or a
military education and training program for a country and the
value thereof, to the end that such programs are effectively
integrated both at home and abroad and the foreign policy of
the United States is best served thereby.
(b) Consistent with section 481(b) of the Foreign
Assistance Act of 1961, the Secretary of State shall be
responsible for coordinating all assistance provided by the
United States Government to support international efforts to
combat illicit narcotics production or trafficking:
Provided, That the provision of assistance by the Department
of Defense which is comparable to assistance that may be made
available by this Act under the heading ``International
Narcotics Control and Law Enforcement'' shall be provided in
a manner consistent with the requirements of section 333(b)
of title 10, United States Code, as added by section 1241 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328).
united states agency for international development management
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds
made available in title III of this Act pursuant to or to
carry out the provisions of part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used by the United States Agency for International
Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant
to the authority of sections 308 and 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2019.
(c) Conditions.--The authority of subsection (a) should
only be used to the extent that an equivalent number of
positions that are filled by personal services contractors or
other non-direct hire employees of USAID, who are compensated
with funds appropriated to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', are eliminated.
(d) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which the
responsibilities of such individual primarily relate:
Provided, That funds made available to carry out this section
may be transferred to, and merged with, funds appropriated by
this Act in title II under the heading ``Operating
Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to
the authority of section 309 of the Foreign Service Act of
1980 (22 U.S.C. 3949), may be extended for a period of up to
4 years notwithstanding the limitation set forth in such
section.
(f) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to
natural disasters, or man-made disasters subject to the
regular notification procedures of the Committees on
Appropriations.
(g) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Food for Peace Act (Public Law 83-480; 7
U.S.C. 1721 et seq.), may be used by USAID to employ up to 40
personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until
permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be
assigned to any bureau or office: Provided further, That
such funds appropriated to carry out title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be
made available only for personal services contractors
assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by
section 7059(o) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2011
(division F of Public Law 111-117) may be assigned to or
support programs in Afghanistan or Pakistan with funds made
available in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles
III and IV of this Act that are made available for bilateral
assistance for child survival activities or disease programs
including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs''
and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the
funds appropriated under title III of this Act, not less than
$575,000,000 should be made available for family planning/
reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Global Fund.--Of the funds appropriated by this Act
that are available for a contribution to the Global Fund to
Fight AIDS, Tuberculosis and Malaria (Global Fund), 10
percent should be withheld from obligation until the
Secretary of State determines and reports to the Committees
on Appropriations that the Global Fund is--
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the
Inspector General (OIG) to publish OIG reports on a public
Web site;
(2) providing sufficient resources to maintain an
independent OIG that--
(A) reports directly to the Board of the Global Fund;
(B) maintains a mandate to conduct thorough investigations
and programmatic audits, free from undue interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients, sub-
recipients, and Local Fund Agents;
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices
for--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to independent adjudicative bodies, including
external arbitration; and
(E) results that eliminate the effects of proven
retaliation; and
(4) implementing the recommendations contained in the
Consolidated Transformation Plan approved by the Board of the
Global Fund on November 21, 2011:
Provided, That such withholding shall not be in addition to
funds that are withheld from the Global Fund in fiscal year
2018 pursuant
[[Page H1939]]
to the application of any other provision contained in this
or any other Act.
(c) Contagious Infectious Disease Outbreaks.--
(1) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations
that an international infectious disease outbreak is
sustained, severe, and is spreading internationally, or that
it is in the national interest to respond to a Public Health
Emergency of International Concern, funds appropriated by
this Act under the headings ``Global Health Programs'',
``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', ``Migration and Refugee Assistance'', and
``Millennium Challenge Corporation'' may be made available to
combat such infectious disease or public health emergency,
and may be transferred to, and merged with, funds
appropriated under such headings for the purposes of this
paragraph.
(2) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with
the appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(3) Global health security.--Not later than 180 days after
enactment of this Act, a global health security strategy
shall be submitted to the appropriate congressional
committees in the manner described under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) Repurposed Funds.--(1) Of the unobligated balances
available under the heading ``Bilateral Economic Assistance''
in title IX of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235)--
(A) $35,000,000 shall be made available for the Emergency
Reserve Fund established pursuant to section 7058(c)(1) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law
115-31): Provided, That such funds may only be made
available if the USAID Administrator determines and reports
to the Committees on Appropriations that it is in the
national interest to respond to an emerging health threat
that poses severe threats to human health;
(B) $100,000,000 shall be for programs to accelerate the
capabilities of targeted countries to prevent, detect, and
respond to infectious disease outbreaks; and
(C) $10,000,000 shall be made available for support of a
multi-partner trust fund or other multilateral efforts to
assist communities in Haiti affected by cholera resulting
from the United Nations Stabilization Mission in Haiti:
Provided, That prior to the obligation of such funds, the
Secretary of State shall ensure that mechanisms are in place
for monitoring, oversight, and control of such funds:
Provided further, That such funds shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(2) Funds made available pursuant to this subsection are in
addition to funds otherwise made available for such purposes.
(3) Funds made available pursuant to this subsection under
the headings ``Global Health Programs'' and ``International
Disaster Assistance'' may be transferred to, and merged with,
funds made available under such headings: Provided, That
such transfer authority is in addition to any other transfer
authority provided by law.
(4) The amounts repurposed under this subsection are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 and shall be
available only if the President subsequently so designates
all such amounts and transmits such designations to the
Congress.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this
Act shall be made available to promote gender equality in
United States Government diplomatic and development efforts
by raising the status, increasing the participation, and
protecting the rights of women and girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made
available to increase leadership opportunities for women in
countries where women and girls suffer discrimination due to
law, policy, or practice, by strengthening protections for
women's political status, expanding women's participation in
political parties and elections, and increasing women's
opportunities for leadership positions in the public and
private sectors at the local, provincial, and national
levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available
to implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police
and other security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-
based violence, including child marriage, rape, female
genital cutting and mutilation, and domestic violence, among
other forms of gender-based violence in conflict and non-
conflict settings.
(d) Women, Peace, and Security.--Funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law
Enforcement'' should be made available to support a multi-
year strategy to expand, and improve coordination of, United
States Government efforts to empower women as equal partners
in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected
by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to
women and girls.
(e) Women and Girls at Risk From Extremism.--
(1) Assistance.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$15,000,000 shall be made available to support women and
girls who are at risk from extremism and conflict, and for
activities to--
(A) empower women and girls to counter extremism;
(B) address the needs of women and girls adversely impacted
by extremism and conflict;
(C) document crimes committed by extremists against women
and girls, and support investigations and prosecutions of
such crimes, as appropriate;
(D) increase the participation and influence of women in
formal and informal political processes and institutions at
the local level and within traditional governing structures;
(E) support reconciliation programs between impacted
minority, religious, and ethnic groups and the broader
community;
(F) develop and implement legal reforms and protections for
women and girls at the national and local government levels;
and
(G) create and sustain networks for women and girls to
collectively safeguard their rights on a regional basis.
(2) Clarification and notification.--Funds made available
pursuant to paragraph (1)--
(A) are in addition to amounts otherwise available by this
Act for such purposes; and
(B) shall be made available following consultation with,
and subject to the regular notification procedures of, the
Committees on Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $800,000,000 shall be made available for
assistance for basic education, and such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries: Provided, That
such funds should be used to implement the objectives of
basic education programs for each Country Development
Cooperation Strategy or similar strategy regarding basic
education established by the United States Agency for
International Development: Provided further, That such funds
may also be used for secondary education activities:
Provided further, That the USAID Administrator, following
consultation with the Committees on Appropriations, may
reprogram such funds between countries.
(B) Not later than 30 days after enactment of this Act, the
USAID Administrator shall report to the Committees on
Appropriations on the status of cumulative unobligated
balances and obligated, but unexpended, balances in each
country where USAID provides basic education assistance and
such report shall also include details on the types of
contracts and grants provided and the goals and objectives of
such assistance: Provided, That the USAID Administrator
shall update such report on a quarterly basis until September
30, 2019: Provided further, That if the USAID Administrator
determines that any unobligated balances of funds
specifically designated for assistance for basic education in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs are in excess of the
absorptive capacity of recipient countries, such funds may be
made available for other programs authorized under chapter 1
of part I of the Foreign Assistance Act of 1961,
notwithstanding such funding designation: Provided further,
That the authority of the previous proviso shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(C) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$87,500,000 shall be made available for a contribution to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education: Provided,
That such funds may be made available notwithstanding any
other provision of law that restricts assistance to foreign
countries, and
[[Page H1940]]
shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That of
such amount, not less than $35,000,000 shall be made
available for human and institutional capacity building
partnerships between higher education institutions in the
United States and developing countries, of which not less
than $15,000,000 shall be for new partnerships which should
be competed and awarded not later than one year after
enactment of this Act: Provided further, That not later than
45 days after enactment of this Act, the USAID Administrator
shall consult with the Committees on Appropriations on the
proposed uses of funds for such partnerships.
(b) Development Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not
less than $28,000,000 shall be made available for the
American Schools and Hospitals Abroad program, and not less
than $12,000,000 shall be made available for cooperative
development programs of USAID.
(c) Environment Programs.--
(1) Authority and notification.--
(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this subsection, to support environment
programs.
(B) Funds made available pursuant to this subsection shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(C) None of the funds in this Act are appropriated or
otherwise made available for a contribution, grant, or any
other payment for the Green Climate Fund.
(2) Conservation programs and limitations.--
(A) Of the funds appropriated under title III of this Act,
not less than $269,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $90,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching and
trafficking.
(C) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance
for any military unit or personnel that the Secretary of
State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the
Secretary reports to the appropriate congressional committees
that to do so is in the national security interest of the
United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the Secretary
of the Treasury shall instruct the United States executive
directors of each international financial institutions (IFI)
to vote against any financing of any such activity.
(3) Large dams.--The Secretary of the Treasury shall
instruct the United States executive director of each IFI
that it is the policy of the United States to vote in
relation to any loan, grant, strategy, or policy of such
institution to support the construction of any large dam
consistent with the criteria set forth in Senate Report 114-
79, while also considering whether the project involves
important foreign policy objectives.
(4) Sustainable landscapes.--Of the funds appropriated
under title III of this Act, not less than $123,500,000 shall
be made available for sustainable landscapes programs.
(d) Food Security and Agricultural Development.--Of the
funds appropriated by title III of this Act, not less than
$1,000,600,000 shall be made available for food security and
agricultural development programs to carry out the purposes
of the Global Food Security Act of 2016 (Public Law 114-195),
of which not less than $315,960,000 shall be made available
for the Bureau for Food Security, USAID, including not less
than $55,000,000 for the Feed the Future Innovation Labs:
Provided, That funds may be made available for a contribution
as authorized by section 3202 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246), as amended by
section 3206 of the Agricultural Act of 2014 (Public Law 113-
79).
(e) Microenterprise and Microfinance.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be
made available for microenterprise and microfinance
development programs for the poor, especially women.
(f) Programs To Combat Trafficking in Persons.--Of the
funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', not
less than $65,000,000 shall be made available for activities
to combat trafficking in persons internationally, of which
not less than $40,000,000 shall be from funds made available
under the heading ``International Narcotics Control and Law
Enforcement'': Provided, That funds appropriated by this Act
that are made available for programs to end modern slavery
shall be in addition to funds made available by this
subsection to combat trafficking in persons.
(g) Reconciliation Programs.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``Development Assistance'', not less than $30,000,000 shall
be made available to support people-to-people reconciliation
programs which bring together individuals of different
ethnic, religious, and political backgrounds from areas of
civil strife and war: Provided, That the USAID Administrator
shall consult with the Committees on Appropriations, prior to
the initial obligation of funds, on the uses of such funds,
and such funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That to the maximum extent practicable, such funds
shall be matched by sources other than the United States
Government: Provided further, That such funds shall be
administered by the Office of Conflict Management and
Mitigation, USAID.
(h) Water and Sanitation.--Of the funds appropriated by
this Act, not less than $400,000,000 shall be made available
for water supply and sanitation projects pursuant to the
Senator Paul Simon Water for the Poor Act of 2005 (Public Law
109-121), of which not less than $145,000,000 shall be for
programs in sub-Saharan Africa, and of which not less than
$15,000,000 shall be made available to support initiatives by
local communities in developing countries to build and
maintain safe latrines.
overseas private investment corporation
Sec. 7061. (a) Transfer of Funds.--Whenever the President
determines that it is in furtherance of the purposes of the
Foreign Assistance Act of 1961, up to a total of $20,000,000
of the funds appropriated under title III of this Act may be
transferred to, and merged with, funds appropriated by this
Act for the Overseas Private Investment Corporation Program
Account, to be subject to the terms and conditions of that
account: Provided, That such funds shall not be available
for administrative expenses of the Overseas Private
Investment Corporation: Provided further, That designated
funding levels in this Act shall not be transferred pursuant
to this section: Provided further, That the exercise of such
authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Authority.--Notwithstanding section 235(a)(2) of the
Foreign Assistance Act of 1961, the authority of subsections
(a) through (c) of section 234 of such Act shall remain in
effect until September 30, 2018.
arms trade treaty
Sec. 7062. None of the funds appropriated by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
inspectors general
Sec. 7063. (a) Prohibition on Use of Funds.--None of the
funds appropriated by this Act may be used to deny an
Inspector General funded under this Act timely access to any
records, documents, or other materials available to the
department or agency of the United States Government over
which such Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede the access of such Inspector General to such
records, documents, or other materials, under any provision
of law, except a provision of law that expressly refers to
such Inspector General and expressly limits the right of
access of such Inspector General.
(b) Timely Access.--A department or agency of the United
States Government covered by this section shall provide its
Inspector General access to all records, documents, and other
materials in a timely manner.
(c) Compliance.--Each Inspector General covered by this
section shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Report.--Each Inspector General covered by this section
shall report to the Committees on Appropriations within 5
calendar days of any failure by any department or agency of
the United States Government to provide its Inspector General
access to all requested records, documents, and other
materials.
reporting requirements concerning individuals detained at naval
station, guantanamo bay, cuba
Sec. 7064. Not later than 5 days after the conclusion of
an agreement with a country, including a state with a compact
of free association with the United States, to receive by
transfer or release individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, the Secretary of State
shall notify the Committees on Appropriations in writing of
the terms of the agreement, including whether funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs will be made available for assistance for such
country pursuant to such agreement.
multi-year pledges
Sec. 7065. None of the funds appropriated by this Act may
be used to make any pledge for future year funding for any
multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge was--
(1) previously justified, including the projected future
year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign
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operations, and related programs or previously authorized by
an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at
least 7 days in advance of the pledge.
prohibition on use of torture
Sec. 7066. None of the funds made available in this Act
may be used to support or justify the use of torture, cruel,
or inhumane treatment by any official or contract employee of
the United States Government.
extradition
Sec. 7067. (a) Limitation.--None of the funds appropriated
in this Act may be used to provide assistance (other than
funds provided under the headings ``International Disaster
Assistance'', ``Complex Crises Fund'', ``International
Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``United States Emergency Refugee and
Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of
State of its refusal to extradite to the United States any
individual indicted for a criminal offense for which the
maximum penalty is life imprisonment without the possibility
of parole or for killing a law enforcement officer, as
specified in a United States extradition request.
(b) Clarification.--Subsection (a) shall only apply to the
central government of a country with which the United States
maintains diplomatic relations and with which the United
States has an extradition treaty and the government of that
country is in violation of the terms and conditions of the
treaty.
(c) Waiver.--The Secretary of State may waive the
restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that
such waiver is important to the national interest of the
United States.
commercial leasing of defense articles
Sec. 7068. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt, and the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons
for those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
joint strategic plan, budget, and transitions
Sec. 7069. (a) Joint Strategic Plan and Budget.--Not later
than 180 days after enactment of this Act, the Secretary of
State and the Administrator of the United States Agency for
International Development shall jointly submit to the
Committees on Appropriations a five year budget estimate that
details by each fiscal year the funds necessary to implement,
by agency, each of the four goals identified in the ``Joint
Strategic Plan for the Department of State and the United
States Agency for International Development, FY 2018-2022''
(Joint Strategic Plan), required by section 306 of title 5,
United States Code, and published on February 12, 2018:
Provided, That the Secretary and the Administrator shall
inform the appropriate congressional committees not later
than September 30, 2018 of any changes to the Joint Strategic
Plan.
(b) Strategic Transitions.--
(1) The USAID Administrator shall regularly consult with
the appropriate congressional committees and development
stakeholders on efforts to transition nations from assistance
recipients to enduring diplomatic, economic, and security
partners: Provided, That such consultations shall include
the guiding principles and metrics being developed to support
such efforts, and any other matters related to the
implementation plan required in paragraph (2).
(2) Not later than 180 days after enactment of this Act,
the USAID Administrator shall submit to the appropriate
congressional committees an implementation plan on country
transitions from assistance that includes--
(A) the conditions and related benchmarks under which
countries may transition from assistance provided by this Act
and subsequent Acts making appropriations for the Department
of State, foreign operations, and related programs;
(B) the actions required by USAID to facilitate or support
country efforts toward such transition, including
consultation with civil society, other donors, multilateral
organizations, and implementing partners;
(C) a description of the costs and number of personnel
associated with strategic transitions, including investments
to increase public and private domestic resource
mobilization; and
(D) the plans to ensure post-transition development
progress.
countering russian influence and aggression
Sec. 7070. (a) Limitation.--None of the funds appropriated
by this Act may be made available for assistance for the
central Government of the Russian Federation.
(b) Annexation of Crimea.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian
Federation annexation of Crimea or other territory in
Ukraine: Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction on
assistance required by this paragraph if the Secretary
determines and reports to such Committees that to do so is in
the national interest of the United States, and includes a
justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in
Ukraine under the control of Russian-backed separatists, if
such activity includes the participation of Russian
Government officials, or other Russian owned or controlled
financial entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of Russian-backed separatists, if such
assistance includes the participation of Russian Government
officials, or other Russian owned or controlled financial
entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such
institution (including any loan, credit, or guarantee) for
any program that violates the sovereignty or territorial
integrity of Ukraine.
(4) The requirements and limitations of this subsection
shall cease to be in effect if the Secretary of State
determines and reports to the Committees on Appropriations
that the Government of Ukraine has reestablished sovereignty
over Crimea and other territory in Ukraine under the control
of Russian-backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has recognized the
independence of, or has established diplomatic relations
with, the Russian occupied Georgian territories of Abkhazia
and Tskhinvali Region/South Ossetia: Provided, That the
Secretary shall publish on the Department of State Web site a
list of any such central governments in a timely manner:
Provided further, That the Secretary may waive the
restriction on assistance required by this paragraph if the
Secretary determines and reports to the Committees on
Appropriations that to do so is in the national interest of
the United States, and includes a justification for such
interest.
(2) None of the funds appropriated by this Act may be made
available to support the Russian occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such
institution (including any loan, credit, or guarantee) for
any program that violates the sovereignty and territorial
integrity of Georgia.
(d) Assistance to Counter Influence and Aggression.--
(1) Of the funds appropriated by this Act under the
headings ``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'',
``International Military Education and Training'', and
``Foreign Military Financing Program'', not less than
$250,000,000 shall be made available to carry out the
purposes of the Countering Russian Influence Fund, as
authorized by section 254 of the Countering Russian Influence
in Europe and Eurasia Act of 2017 (Public Law 115-44; 22
U.S.C. 9543), and programs to enhance the capacity of law
enforcement and security forces in countries in Europe and
Eurasia and strengthen security cooperation between such
countries and the United States and the North Atlantic Treaty
Organization, as appropriate.
(2) Funds appropriated by this Act and made available for
assistance for the Eastern Partnership countries shall be
made available to advance the implementation of Association
Agreements and trade agreements with the European Union, and
to reduce their vulnerability to external economic and
political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act
shall be made available to support democracy programs in the
Russian Federation, including to promote Internet freedom,
and shall also be made available to support the democracy and
rule of law strategy required by section 7071(d) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
[[Page H1942]]
international monetary fund
Sec. 7071. (a) Extensions.--The terms and conditions of
sections 7086(b) (1) and (2) and 7090(a) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Monetary Fund (IMF) to seek to ensure that any
loan will be repaid to the IMF before other private
creditors.
special defense acquisition fund
Sec. 7072. Not to exceed $900,000,000 may be obligated
pursuant to section 51(c)(2) of the Arms Export Control Act
for the purposes of the Special Defense Acquisition Fund (the
Fund), to remain available for obligation until September 30,
2020: Provided, That the provision of defense articles and
defense services to foreign countries or international
organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
stability and development in regions impacted by extremism and conflict
Sec. 7073. (a) Countering Foreign Fighters and Extremist
Organizations.--Funds appropriated under titles III and IV of
this Act shall be made available for programs and activities
to counter and defeat violent extremism and foreign fighters
abroad, consistent with the strategy required by section
7073(a)(1) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2017 (division J of
Public Law 115-31): Provided, That the Secretary of State
shall ensure such programs are coordinated with and
complement the efforts of other United States Government
agencies and international partners, and that information
gained through the conduct of such programs is shared in a
timely manner with relevant departments and agencies of the
United States Government, other international partners, and
the appropriate congressional committees, as appropriate.
(b) Countries Impacted by Significant Refugee Populations
or Internally Displaced Persons.--
(1) Uses of funds.--Funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic
Support Fund'' shall be made available for programs in
countries affected by significant populations of internally
displaced persons or refugees to--
(A) expand and improve host government social services and
basic infrastructure to accommodate the needs of such
populations and persons;
(B) alleviate the social and economic strains placed on
host communities, including through programs to promote
livelihoods, vocational training, and formal and informal
education;
(C) improve coordination of such assistance in a more
effective and sustainable manner; and
(D) leverage increased assistance from donors other than
the United States Government for central governments and
local communities in such countries:
Provided, That the Secretary of State shall periodically
inform the appropriate congressional committees of the
amounts and specific uses of funds made available for the
purposes of this subsection.
(2) Concessional finance facility.--Funds appropriated
under title III of this Act under the heading ``Economic
Support Fund'' may be made available for the Concessional
Finance Facility of the World Bank to provide financing to
support refugees and host communities: Provided, That such
funds shall be in addition to funds made available for
bilateral assistance in the report required by section 653(a)
of the Foreign Assistance Act of 1961, and may only be made
available subject to prior consultation with the Committees
on Appropriations.
(c) Fragile States and Extremism.--Funds appropriated by
this Act shall be made available for the purposes of section
7080 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of
Public Law 115-31), subject to the regular notification
procedures of the Committees on Appropriations.
enterprise funds
Sec. 7074. (a) Notification.--None of the funds made
available under titles III through VI of this Act may be made
available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution
of any assets resulting from any liquidation, dissolution, or
winding up of an Enterprise Fund, in whole or in part, the
President shall submit to the appropriate congressional
committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to
and operation of any private equity fund or other parallel
investment fund under an existing Enterprise Fund, the
President shall submit such transition or operating plan to
the appropriate congressional committees.
use of funds in contravention of this act
Sec. 7075. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program and policy.
budget documents
Sec. 7076. (a) Operating and Reorganization Plans.--Not
later than 45 days after the date of enactment of this Act,
each department, agency, or organization funded in titles I,
II, and VI of this Act, and the Department of the Treasury
and Independent Agencies funded in title III of this Act,
including the Inter-American Foundation and the United States
African Development Foundation, shall submit to the
Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in
such titles of this Act, or funds otherwise available for
obligation in fiscal year 2018, that provides details of the
uses of such funds at the program, project, and activity
level: Provided, That such plans shall include, as
applicable, a comparison between the congressional budget
justification funding levels, the most recent congressional
directives or approved funding levels, and the funding levels
proposed by the department or agency; and a clear, concise,
and informative description/justification: Provided further,
That if such department, agency, or organization receives an
additional amount under the same heading in title VIII of
this Act, operating plans required by this subsection shall
include consolidated information on all such funds: Provided
further, That operating plans that include changes in levels
of funding for programs, projects, and activities specified
in the congressional budget justification, in this Act, or
amounts specifically designated in the respective tables
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act), as applicable, shall be subject to the notification and
reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to
the Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon, Pakistan,
and the West Bank and Gaza;
(B) assistance made available pursuant to section 7070(d)
of this Act to counter Russian influence and aggression,
except that such plan shall be on a country-by-country basis;
(C) Power Africa and the regional security initiatives
listed under this section in Senate Report 115-152:
Provided, That the spend plan for such initiatives shall
include the amount of assistance planned for each country by
account, to the maximum extent practicable; and
(D) democracy programs, programs to support section 7073(a)
of this Act, and sectors enumerated in subsections (a), (c),
(d), (e), (f), and (h) of section 7060 of this Act.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(3) Notwithstanding paragraph (1), up to 10 percent of the
funds contained in a spend plan required by this subsection
may be obligated prior to the submission of such spend plan
if the Secretary of State or the USAID Administrator, as
appropriate, determines that the obligation of such funds is
necessary to avoid significant programmatic disruption:
Provided, That not less than seven days prior to such
obligation, the Secretary or Administrator, as appropriate,
shall consult with the Committees on Appropriations on the
justification for such obligation and the proposed uses of
such funds.
(c) Spending Report.--Not later than 45 days after
enactment of this Act, the USAID Administrator shall submit
to the Committees on Appropriations a detailed report on
spending of funds made available during fiscal year 2017
under the heading ``Development Credit Authority''.
(d) Clarification.--The spend plans referenced in
subsection (b) shall not be considered as meeting the
notification requirements in this Act or under section 634A
of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) The congressional budget justification for Department
of State operations and foreign operations shall be provided
to the Committees on Appropriations concurrent with the date
of submission of the President's budget for fiscal year 2019:
Provided, That the appendices for such justification shall
be provided to the Committees on Appropriations not later
than 10 calendar days thereafter.
(2) The Secretary of State and the USAID Administrator
shall include in the congressional budget justification a
detailed justification for multi-year availability for any
funds requested under the headings ``Diplomatic and Consular
Programs'' and ``Operating Expenses''.
reports and records management
Sec. 7077. (a) Public Posting of Reports.--
(1) Requirement.--Any agency receiving funds made available
by this Act shall, subject to paragraphs (2) and (3), post on
the publicly available Web site of such agency
[[Page H1943]]
any report required by this Act to be submitted to the
Committees on Appropriations, upon a determination by the
head of such agency that to do so is in the national
interest.
(2) Exceptions.--Paragraph (1) shall not apply to a report
if--
(A) the public posting of such report would compromise
national security, including the conduct of diplomacy; or
(B) the report contains proprietary, privileged, or
sensitive information.
(3) Timing and intention.--The head of the agency posting
such report shall, unless otherwise provided for in this Act,
do so only after such report has been made available to the
Committees on Appropriations for not less than 45 days:
Provided, That any report required by this Act to be
submitted to the Committees on Appropriations shall include
information from the submitting agency on whether such report
will be publicly posted.
(b) Requests for Documents.--None of the funds appropriated
or made available pursuant to titles III through VI of this
Act shall be available to a nongovernmental organization,
including any contractor, which fails to provide upon timely
request any document, file, or record necessary to the
auditing requirements of the Department of State and the
United States Agency for International Development.
(c) Records Management.--
(1) Limitation.--None of the funds appropriated by this Act
under the headings ``Diplomatic and Consular Programs'' and
``Capital Investment Fund'' in title I, and ``Operating
Expenses'' and ``Capital Investment Fund'' in title II that
are made available to the Department of State and USAID may
be made available to support the use or establishment of
email accounts or email servers created outside the .gov
domain or not fitted for automated records management as part
of a Federal government records management program in
contravention of the Presidential and Federal Records Act
Amendments of 2014 (Public Law 113-187).
(2) Directives.--The Secretary of State and USAID
Administrator shall--
(A) update the policies, directives, and oversight
necessary to comply with Federal statutes, regulations, and
presidential executive orders and memoranda concerning the
preservation of all records made or received in the conduct
of official business, including record emails, instant
messaging, and other online tools;
(B) use funds appropriated by this Act under the headings
``Diplomatic and Consular Programs'' and ``Capital Investment
Fund'' in title I, and ``Operating Expenses'' and ``Capital
Investment Fund'' in title II, as appropriate, to improve
Federal records management pursuant to the Federal Records
Act (44 U.S.C. Chapters 21, 29, 31, and 33) and other
applicable Federal records management statutes, regulations,
or policies for the Department of State and USAID;
(C) direct departing employees that all Federal records
generated by such employees, including senior officials,
belong to the Federal Government; and
(D) significantly improve the response time for identifying
and retrieving Federal records, including requests made
pursuant to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'').
(3) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State and USAID Administrator shall
each submit a report to the Committees on Appropriations and
to the National Archives and Records Administration
detailing, as appropriate and where applicable--
(A) any updates or modifications made to the policy of each
agency regarding the use or the establishment of email
accounts or email servers created outside the .gov domain or
not fitted for automated records management as part of a
Federal government records management program since the
submission to the Committees on Appropriations of the report
required by section 7077(c)(3) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31);
(B) the extent to which each agency is in compliance with
applicable Federal records management statutes, regulations,
and policies, including meeting Directive goal 1.2 of the
Managing Government Records Directive (M-12-18) by December
31, 2017; and
(C) any steps taken since the submission of the report
referenced in subparagraph (A) to--
(i) comply with paragraph (1)(B) of this subsection;
(ii) ensure that all employees at every level have been
instructed in procedures and processes to ensure that the
documentation of their official duties is captured,
preserved, managed, protected, and accessible in official
Government systems of the Department of State and USAID;
(iii) implement recommendation 1 made by the Office of
Inspector General (OIG), Department of State, in the January
2016 Evaluation of the Department of State's FOIA Process for
Requests Involving the Office of the Secretary (ESP-16-01);
(iv) reduce the backlog of Freedom of Information Act
(FOIA) and Congressional oversight requests, and measurably
improve the response time for answering such requests; and
(v) strengthen cyber security measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control
of national security information, and implement the
recommendations of the corresponding reports of the OIG as
detailed under this section in House Report 115-253 and
contained in other relevant reports issued by the OIG.
(4) Operating plans.--The operating plans required by
section 7076(a) of this Act for funds appropriated under the
headings listed in paragraph (1) shall include funds planned
for--
(A) implementing the recommendations of the OIG reports
referenced in clauses (iii) and (v); and
(B) measurably reducing the FOIA and Congressional
oversight requests backlog.
global internet freedom
Sec. 7078. (a) Funding.--Of the funds available for
obligation during fiscal year 2018 under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $55,500,000 shall
be made available for programs to promote Internet freedom
globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of
expression on the Internet, and that are important to the
national interest of the United States: Provided further,
That funds made available pursuant to this section shall be
matched, to the maximum extent practicable, by sources other
than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' that are
made available pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs funded by
this Act under such headings, and shall be incorporated into
country assistance and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011, International
Strategy for Cyberspace; the Department of State
International Cyberspace Policy Strategy required by section
402 of the Cybersecurity Act of 2015 (division N of Public
Law 114-113); and the comprehensive strategy to promote
Internet freedom and access to information in Iran, as
required by section 414 of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations;
to combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists;
(D) made available for research of key threats to Internet
freedom; the continued development of technologies that
provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and maintenance of the technological advantage
of the United States Government over such censorship
techniques: Provided, That the Secretary of State, in
consultation with the Chief Executive Officer (CEO) of the
Broadcasting Board of Governors (BBG), shall coordinate any
such research and development programs with other relevant
United States Government departments and agencies in order to
share information, technologies, and best practices, and to
assess the effectiveness of such technologies; and
(E) made available only after the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State,
concurs that such funds are allocated consistent with--
(i) the strategies referenced in subparagraph (B) of this
paragraph;
(ii) best practices regarding security for, and oversight
of, Internet freedom programs; and
(iii) sufficient resources and support for the development
and maintenance of anti-censorship technology and tools.
(2) Funds appropriated by this Act under the heading
``International Broadcasting Operations'' that are made
available pursuant to subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute BBG digital content;
facilitate audience access to such content on Web sites that
are censored; coordinate the distribution of BBG digital
content to targeted regional audiences; and to promote and
distribute such tools and techniques, including digital
security techniques;
(B) coordinated with programs funded by this Act under the
heading ``International Broadcasting Operations'', and shall
be incorporated into country broadcasting strategies, as
appropriate;
(C) coordinated by the BBG CEO to provide Internet
circumvention tools and techniques for audiences in countries
that are strategic priorities for the BBG and in a manner
consistent with the BBG Internet freedom strategy; and
(D) made available for the research and development of new
tools or techniques authorized in paragraph (A) only after
the BBG CEO, in consultation with the Secretary of State and
other relevant United States Government departments and
agencies, evaluates the risks and benefits of such new tools
[[Page H1944]]
or techniques, and establishes safeguards to minimize the use
of such new tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among
the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after
enactment of this Act, the Secretary of State and the BBG CEO
shall submit to the Committees on Appropriations spend plans
for funds made available by this Act for programs to promote
Internet freedom globally, which shall include a description
of safeguards established by relevant agencies to ensure that
such programs are not used for illicit purposes: Provided,
That the Department of State spend plan shall include funding
for all such programs for all relevant Department of State
and USAID offices and bureaus.
impact on jobs in the united states
Sec. 7079. None of the funds appropriated or otherwise
made available under titles III through VI of this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade
Act of 1974, of workers in the recipient country, including
any designated zone or area in that country: Provided, That
the application of section 507(4)(D) and (E) of such Act
should be commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating
or transferring jobs from the United States to other
countries and adversely impacts the labor force in the United
States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117);
(B) the modification proposed by the Overseas Private
Investment Corporation in November 2013 to the Corporation's
Environmental and Social Policy Statement relating to coal;
or
(C) the Supplemental Guidelines for High Carbon Intensity
Projects approved by the Export-Import Bank of the United
States on December 12, 2013,
when enforcement of such rule, regulation, policy, or
guidelines would prohibit, or have the effect of prohibiting,
any coal-fired or other power-generation project the purpose
of which is to: (i) provide affordable electricity in
International Development Association (IDA)-eligible
countries and IDA-blend countries; and (ii) increase exports
of goods and services from the United States or prevent the
loss of jobs from the United States.
united states citizens and nationals unlawfully or wrongfully detained
abroad
Sec. 7080. (a) Review.--The Special Presidential Envoy for
Hostage Affairs, in consultation with the Assistant Secretary
for Consular Affairs, Department of State, shall review the
practices of United States consular officers regarding
assistance for citizens and nationals of the United States
who are detained in countries where the Department of State's
Country Reports on Human Rights Practices indicate that
arbitrary arrest or the denial of due process is common, or
the judicial system is not independent or is susceptible to
corruption, to--
(1) assess whether consular officers routinely seek to
determine if--
(A) the detained individual has presented credible
information of factual innocence to United States officials;
(B) credible information exists that the individual is
detained solely or substantially because he or she is a
citizen or national of the United States;
(C) credible information exists that the individual is
being detained as a result of exercising his or her right to
freedom of expression, association, assembly, or religion;
(D) credible information exists that the individual has
been detained arbitrarily and denied due process or a fair
trial;
(E) independent nongovernmental organizations or
journalists have raised concerns about the innocence or the
conditions of confinement of the detained individual;
(F) the detained individual has presented credible
information that his or her detention is a pretext; and
(G) the individual is detained in inhumane conditions; and
(2) identify what, if any, diplomatic or other actions are
taken by the Department on behalf of a detained individual if
the consular officer determines that the answer to any of the
questions specified in paragraph (1) is affirmative.
(b) Recommendations, Guidance, and Report.--Not later than
180 days after enactment of this Act and after completion of
the review required under subsection (a), the Special
Presidential Envoy for Hostage Affairs, after consultation
with the Assistant Secretary for Consular Affairs, Department
of State, shall--
(1) provide recommendations to the Secretary of State for
modifying the guidance concerning the arrest and detention of
United States citizens abroad in the Foreign Affairs Manual
and Foreign Affairs Handbook to better assist the Department
of State in identifying cases where such detention is
unlawful or wrongful and to enhance diplomatic engagements
with foreign governments and other actions on behalf of such
citizens and nationals; and
(2) submit a report to the appropriate congressional
committees detailing the findings of the review required
pursuant to subsection (a) and the recommendations provided
pursuant to paragraph (1) of this subsection.
reorganization and redesign
Sec. 7081. (a) Oversight.--
(1) Prior consultation.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may not be used to
implement a reorganization, redesign, or other plan described
in paragraph (2) by the Department of State, the United
States Agency for International Development, or any other
Federal department, agency, or organization funded by this
Act without prior consultation by the head of such
department, agency, or organization with the appropriate
congressional committees.
(2) Description of activities.--Pursuant to paragraph (1),
a reorganization, redesign, or other plan shall include any
action to--
(A) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus
and offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of
the authorities and responsibilities of such bureaus and
offices;
(B) expand, eliminate, consolidate, or downsize the United
States official presence overseas including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; and
(C) expand or reduce the size of the Civil Service, Foreign
Service, eligible family member, and locally employed staff
workforce of the Department of State and USAID from the on-
board levels as of December 31, 2017: Provided, That not
less than 30 days after enactment of this Act, the Secretary
of State and the USAID Administrator shall submit to the
appropriate congressional committees such on-board levels.
(3) Notification.--Funds made available by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made
available for the activities described in paragraph (2) shall
be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That any such
notification submitted to such Committees shall include a
detailed justification for any proposed action, including the
information specified under this section in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(4) Operating plans.--Operating plans submitted pursuant to
section 7076(a) of this Act shall detail, as applicable,
amounts for the bureaus, offices, and organizations detailed
under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(b) Additional Requirements.--
(1) Personnel.--
(A) Not later than 90 days after enactment of this Act, the
Secretary of State and the USAID Administrator shall each
submit a report to the appropriate congressional committees
detailing the personnel requirements necessary to implement
the December 2017 ``National Security Strategy of the United
States'' and the February 2018 ``Joint Strategic Plan for the
Department of State and the United States Agency for
International Development, FY 2018-2022''.
(B) Not later than 30 days after enactment of this Act, the
Secretary of State and the USAID Administrator shall each
submit to the appropriate congressional committees an
analysis and justification for the reduction of Department of
State and USAID personnel during calendar year 2017, to
include an explanation of how such reductions support the
missions of each agency.
(C) Not later than 60 days after enactment of this Act and
every 60 days thereafter until September 30, 2019, the
Secretary of State, in the case of the Department of State,
and the USAID Administrator, in the case of USAID, shall
report to the appropriate congressional committees on the on-
board personnel levels, hiring, and attrition of the Civil
Service, Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and
USAID, as appropriate, on an operating unit-by-operating unit
basis.
(2) Administration of funds.--Funds appropriated by this
Act--
(A) under the heading ``Migration and Refugee Assistance''
shall be administered by the Assistant Secretary for
Population, Refugees, and Migration, Department of State; and
[[Page H1945]]
(B) that are made available for the Office of Global
Women's Issues shall be administered by the United States
Ambassador-at-Large for Global Women's Issues.
(3) Information technology platform.--
(A) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may
be made available for a new major information technology
investment without the concurrence of the Chief Information
Officer, Department of State.
(B) In complying with the requirements of this paragraph,
the Chief Information Officer, Department of State, shall
consider whether a new major information technology
investment--
(i) is consistent with the Department Information
Technology Strategic Plan;
(ii) maintains consolidated control over enterprise IT
functions or improves operational maintenance;
(iii) improves Department of State resiliency to a cyber-
attack;
(iv) reduces Department of State IT costs over the long-
term; and
(v) is in accordance with the Federal Acquisition
Regulation (FAR), including FAR Part 6 regarding competition
requirements.
(C) Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees detailing the conclusions and
recommendations from the Information Technology (IT) Platform
Planning workstream of the Department of State redesign
initiative.
(4) Regional development mission for asia.--Funds
appropriated by this Act and made available for the Regional
Development Mission for Asia, USAID, in the table included
under title II of the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act) shall be subject to section 7019 of this
Act.
united nations population fund
Sec. 7082. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and
Programs'' in this Act for fiscal year 2018, $32,500,000
shall be made available for the United Nations Population
Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred
to the ``Global Health Programs'' account and shall be made
available for family planning, maternal, and reproductive
health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is
submitted.
multilateral development bank replenishments
Sec. 7083. (a) The Asian Development Bank Act (22 U.S.C.
285 et seq.) is amended by adding at the end the following
new section:
``SEC. 36. ELEVENTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized
to contribute, on behalf of the United States, $189,580,000
to the eleventh replenishment of the resources of the Fund,
subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $189,580,000
for payment by the Secretary of the Treasury.''.
(b) The International Development Association Act (22
U.S.C. 284 et seq.) is amended by adding at the end the
following new section:
``SEC. 30. EIGHTEENTH REPLENISHMENT.
``(a) The United States Governor of the International
Development Association is authorized to contribute on behalf
of the United States $3,291,030,000 to the eighteenth
replenishment of the resources of the Association, subject to
obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $3,291,030,000
for payment by the Secretary of the Treasury.''.
(c) The African Development Fund Act (22 U.S.C. 290g et
seq.) is amended by adding at the end the following new
section:
``SEC. 225. FOURTEENTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized
to contribute on behalf of the United States $513,900,000 to
the fourteenth replenishment of the resources of the Fund,
subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $513,900,000
for payment by the Secretary of the Treasury.''.
rescissions
(including rescission of funds)
Sec. 7084. (a) Of the unobligated balances available to the
President under the heading ``Development Assistance'', as
identified by Treasury Appropriation Fund Symbol 72 X 1021,
$23,766,000 are rescinded.
(b) Of the unobligated balances available under the heading
``Export and Investment Assistance, Export-Import Bank of the
United States'' for carryover under the heading ``Receipts
Collected'' in the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235), $10,000,000 are rescinded.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular
Programs'', $2,975,971,000, to remain available until
September 30, 2019, of which $2,376,122,000 is for Worldwide
Security Protection and shall remain available until
expended: Provided, That the Secretary of State may transfer
up to $5,000,000 of the total funds made available under this
heading to any other appropriation of any department or
agency of the United States, upon the concurrence of the head
of such department or agency, to support operations in and
assistance for Afghanistan and to carry out the provisions of
the Foreign Assistance Act of 1961: Provided further, That
any such transfer shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $68,100,000, to remain available until September
30, 2019, of which $54,900,000 shall be for the Special
Inspector General for Afghanistan Reconstruction (SIGAR) for
reconstruction oversight: Provided, That printing and
reproduction costs of SIGAR shall not exceed amounts for such
costs during fiscal year 2017: Provided further, That
notwithstanding any other provision of law, any employee of
SIGAR who completes at least 12 months of continuous service
after the date of enactment of this Act or who is employed on
the date on which SIGAR terminates, whichever occurs first,
shall acquire competitive status for appointment to any
position in the competitive service for which the employee
possesses the required qualifications: Provided further,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $71,778,000, to remain
available until expended, for Worldwide Security Upgrades,
acquisition, and construction as authorized: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $96,240,000: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $967,456,000, to
remain available until September 30, 2019: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$158,067,000, to remain available
[[Page H1946]]
until September 30, 2019: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $2,500,000, to remain available until September
30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $1,588,778,000, to remain available until
expended: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$62,043,000, to remain available until expended: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
complex crises fund
For an additional amount for ``Complex Crises Fund'',
$20,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,152,122,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'' to respond to refugee crises, including in
Africa, the Near East, South and Central Asia, and Europe and
Eurasia, $2,431,198,000, to remain available until expended,
except that such funds shall not be made available for the
resettlement costs of refugees in the United States:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $417,951,000, to remain
available until September 30, 2019: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', $220,583,000, to
remain available until September 30, 2019: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$325,213,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That funds available for obligation under this heading in
this Act may be used to pay assessed expenses of
international peacekeeping activities in Somalia, subject to
the regular notification procedures of the Committees on
Appropriations.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $460,000,000, to remain available until September
30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law,
funds appropriated in this title are in addition to amounts
appropriated or otherwise made available in this Act for
fiscal year 2018.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to
appropriations accounts in this Act shall be available under
the authorities and conditions applicable to such
appropriations accounts.
counterterrorism partnerships fund
Sec. 8003. Funds appropriated by this Act under the
heading ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' shall be made available for the
Counterterrorism Partnerships Fund for programs in areas
liberated from, under the influence of, or adversely affected
by, the Islamic State of Iraq and Syria or other terrorist
organizations: Provided, That such areas shall include the
Kurdistan Region of Iraq: Provided further, That prior to
the obligation of funds made available pursuant to this
section, the Secretary of State shall take all practicable
steps to ensure that mechanisms are in place for monitoring,
oversight, and control of such funds: Provided further, That
section 7015(j) of this Act regarding notification of
assistance diverted or destroyed shall apply to funds made
available for the Counterterrorism Partnerships Fund:
Provided further, That funds made available pursuant to this
section shall be subject to prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
transfer of funds
Sec. 8004. (a) Transfer of Funds Between Accounts.--
(1) Funds appropriated by this title in this Act under the
headings ``Transition Initiatives'', ``Complex Crises Fund'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' may be transferred to, and merged
with, funds appropriated by this title under such headings.
(2) Funds appropriated by this title in this Act under the
headings ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Peacekeeping Operations'', and
``Foreign Military Financing Program'' may be transferred to,
and merged with, funds appropriated by this title under such
headings.
(b) Global Security Contingency Fund.--Notwithstanding any
other provision of this section, not to exceed $7,500,000
from funds appropriated under the headings ``International
Narcotics Control and Law Enforcement'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'' by
this title in this Act may be transferred to, and merged
with, funds previously made available under the heading
``Global Security Contingency Fund''.
(c) Limitation.--The transfer authority provided in
subsection (a) may only be exercised to address
contingencies.
(d) Notification.--The transfer authority provided by this
section shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations: Provided, That such transfer authority is in
addition to any transfer authority otherwise available under
any other provision of law, including section 610 of the
Foreign Assistance Act of 1961 which may be exercised by the
Secretary of State for the purposes of this title.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2018''.
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$112,813,000, of which not to exceed $3,001,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,040,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $20,555,000 shall be
available for the Office of the General Counsel; not to
exceed $10,331,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$14,019,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,546,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $29,356,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,142,000 shall be
available for the Office of Public Affairs; not to exceed
$1,760,000 shall be available for the Office of the Executive
Secretariat; not to exceed $11,318,000 shall be available for
the Office of Intelligence, Security, and Emergency Response;
and not to exceed $16,745,000 shall be available for the
Office of the Chief Information Officer: Provided, That the
Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to
any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such
transfers: Provided further, That notice of any change in
funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed
$60,000
[[Page H1947]]
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, excluding fees authorized in Public Law
107-71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees: Provided further,
That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public
Affairs.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $23,465,109,
of which $2,618,000 shall remain available until September
30, 2020, and of which $15,000,000, to remain available until
expended, is for new competitive grants under 49 U.S.C. 5505
to a national center for congestion research and a national
center for infrastructure research: Provided, That such
amounts are in addition to amounts previously provided for
such program: Provided further, That such amounts for
additional national centers are provided notwithstanding 49
U.S.C. 5505(c)(2)(A): Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training: Provided further, That
any reference in law, regulation, judicial proceedings, or
elsewhere to the Research and Innovative Technology
Administration shall continue to be deemed to be a reference
to the Office of the Assistant Secretary for Research and
Technology of the Department of Transportation.
national infrastructure investments
For capital investments in surface transportation
infrastructure, $1,500,000,000, to remain available through
September 30, 2020: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a State,
local government, transit agency, or a collaboration among
such entities on a competitive basis for projects that will
have a significant local or regional impact: Provided
further, That projects eligible for funding provided under
this heading shall include, but not be limited to, highway or
bridge projects eligible under title 23, United States Code;
public transportation projects eligible under chapter 53 of
title 49, United States Code; passenger and freight rail
transportation projects; and port infrastructure investments
(including inland port infrastructure and land ports of
entry): Provided further, That of the amount made available
under this heading, the Secretary may use an amount not to
exceed $15,000,000 for the planning, preparation or design of
projects eligible for funding under this heading: Provided
further, That grants awarded under the previous proviso shall
not be subject to a minimum grant size: Provided further,
That the Secretary may use up to 20 percent of the funds made
available under this heading for the purpose of paying the
subsidy and administrative costs of projects eligible for
Federal credit assistance under chapter 6 of title 23, United
States Code, if the Secretary finds that such use of the
funds would advance the purposes of this paragraph: Provided
further, That in distributing funds provided under this
heading, the Secretary shall take such measures so as to
ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and
rural areas, and the investment in a variety of
transportation modes: Provided further, That a grant funded
under this heading shall be not less than $5,000,000 and not
greater than $25,000,000: Provided further, That not more
than 10 percent of the funds made available under this
heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be, at
the option of the recipient, up to 80 percent: Provided
further, That the Secretary shall give priority to projects
that require a contribution of Federal funds in order to
complete an overall financing package: Provided further,
That not less than 30 percent of the funds provided under
this heading shall be for projects located in rural areas:
Provided further, That for projects located in rural areas,
the minimum grant size shall be $1,000,000 and the Secretary
may increase the Federal share of costs above 80 percent:
Provided further, That projects conducted using funds
provided under this heading must comply with the requirements
of subchapter IV of chapter 31 of title 40, United States
Code: Provided further, That the Secretary shall conduct a
new competition to select the grants and credit assistance
awarded under this heading: Provided further, That the
Secretary may retain up to $25,000,000 of the funds provided
under this heading, and may transfer portions of those funds
to the Administrators of the Federal Highway Administration,
the Federal Transit Administration, the Federal Railroad
Administration, and the Maritime Administration to fund the
award and oversight of grants and credit assistance made
under the National Infrastructure Investments program:
Provided further, That none of the funds provided in the
previous proviso may be used to hire additional personnel:
Provided further, That the Secretary shall not use the
Federal share as a selection criteria in awarding projects:
Provided further, That the Secretary shall issue the Notice
of Funding Opportunity under the previous proviso no later
than 60 days after enactment of this Act: Provided further,
That the Notice of Funding Opportunity shall require
application submissions 90 days after the publishing of such
Notice: Provided further, That of the applications submitted
under the previous two provisos, the Secretary shall make
grants no later than 270 days after enactment of this Act in
such amounts that the Secretary determines.
national surface transportation and innovative finance bureau
For necessary expenses for the administration of the
National Surface Transportation and Innovative Finance Bureau
(the Bureau) within the Office of the Secretary of
Transportation, $3,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall use such amount for the necessary expenses to fulfill
the responsibilities of the Bureau, as detailed in section
9001 of the Fixing America's Surface Transportation (FAST)
Act (Public Law 114-94) (49 U.S.C. 116): Provided further,
That the Secretary is required to receive the advance
approval of the House and Senate Committees on Appropriations
prior to exercising the authorities of 49 U.S.C. 116(h):
Provided further, That the program be available to other
Federal agencies, States, municipalities and project sponsors
seeking Federal transportation expertise in obtaining
financing.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $6,000,000, to remain
available through September 30, 2020.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to wide area network and
information technology infrastructure, improvement of network
perimeter controls and identity management, testing and
assessment of information technology against business,
security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure
enhancements, and implementation of enhanced security
controls on network devices, $15,000,000, to remain available
through September 30, 2019.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,500,000.
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $14,000,000: Provided, That of such amount,
$1,500,000 shall be for necessary expenses of the Interagency
Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts
transferred from other Federal agencies for expenses incurred
under this heading for IIPIC activities not related to
transportation infrastructure: Provided further, That the
tools and analysis developed by the IIPIC shall be available
to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation
only to the extent that other Federal agencies provide
funding to the Department as provided for under the previous
proviso.
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$202,245,000, shall be paid from appropriations made
available to the Department of Transportation: Provided,
That such services shall be provided on a competitive basis
to entities within the Department of Transportation:
Provided further, That the above limitation on operating
expenses shall not apply to non-DOT entities: Provided
further, That no funds appropriated in this Act to an agency
of the Department shall be transferred to the Working Capital
Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided
further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For necessary expenses of the Minority Business Resource
Center, the provision of financial education outreach
activities to eligible transportation-related small
businesses, the monitoring of existing loans in the
guaranteed loan program, and the modification of such loans
of the Minority Business Resource Center, $500,301, as
authorized by 49 U.S.C. 332; Provided, That notwithstanding
that section, these funds may be for business opportunities
related to any mode of transportation.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain
available until September 30, 2019: Provided, That
notwithstanding 49 U.S.C. 332, these funds may be used for
business opportunities related to any mode of transportation.
[[Page H1948]]
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $155,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That basic essential air
service minimum requirements shall not include the 15-
passenger capacity requirement under subsection 41732(b)(3)
of title 49, United States Code: Provided further, That none
of the funds in this Act or any other Act shall be used to
enter into a new contract with a community located less than
40 miles from the nearest small hub airport before the
Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be
distributed for the essential air service program under
subsection 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of
the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance
to record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of Public
Law 109-59: Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to
be expended in advance to provide uninterrupted transit
benefits to Government employees: Provided further, That
such reserve will not exceed one month of benefits payable
and may be used only for the purpose of providing for the
continuation of transit benefits: Provided further, That the
Working Capital Fund will be fully reimbursed by each
customer agency from available funds for the actual cost of
the transit benefit.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, the lease or purchase of passenger
motor vehicles for replacement only, in addition to amounts
made available by Public Law 112-95, $10,211,754,000, to
remain available until September 30, 2019, of which
$8,851,000,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $7,692,786,000 shall be
available for air traffic organization activities; not to
exceed $1,310,000,000 shall be available for aviation safety
activities; not to exceed $22,587,000 shall be available for
commercial space transportation activities; not to exceed
$801,506,000 shall be available for finance and management
activities; not to exceed $60,000,000 shall be available for
NextGen and operations planning activities; not to exceed
$112,622,000 shall be available for security and hazardous
materials safety; and not to exceed $212,253,000 shall be
available for staff offices: Provided, That not to exceed 5
percent of any budget activity, except for aviation safety
budget activity, may be transferred to any budget activity
under this heading: Provided further, That no transfer may
increase or decrease any appropriation by more than 5
percent: Provided further, That any transfer in excess of 5
percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
not later than March 31 of each fiscal year hereafter, the
Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of
Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after
March 31 that such report has not been submitted to the
Congress: Provided further, That not later than March 31 of
each fiscal year hereafter, the Administrator shall transmit
to Congress a companion report that describes a comprehensive
strategy for staffing, hiring, and training flight standards
and aircraft certification staff in a format similar to the
one utilized for the controller staffing plan, including
stated attrition estimates and numerical hiring goals by
fiscal year: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each
day after March 31 that such report has not been submitted to
Congress: Provided further, That funds may be used to enter
into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $165,000,000
shall be used to fund direct operations of the current 253
air traffic control towers in the contract tower program,
including the contract tower cost share program, and any
airport that is currently qualified or that will qualify for
the program during the fiscal year: Provided further, That
not later than 30 days after enactment of this Act, the
Secretary of Transportation shall transmit to Congress the
final disposition of the Benefit Cost Analysis for
applications for participation in the Contract Tower Program
and for reevaluation of Cost-share Program participants
pending as of January 1, 2016, as mandated by section 119C of
division K of the Consolidated Appropriations Act, 2017
(Public Law 115-31): Provided further, That none of the
funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated
through, the Working Capital Fund: Provided further, That
none of the funds appropriated or otherwise made available by
this Act or any other Act may be used to eliminate the
Contract Weather Observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway
Trust Fund, $3,250,000,000, of which $498,000,000 shall
remain available until September 30, 2019, $2,602,000,000
shall remain available until September 30, 2020, and
$150,000,000 shall remain available until expended:
Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other
public authorities, and private sources, for expenses
incurred in the establishment, improvement, and modernization
of national airspace systems: Provided further, That no
later than March 31, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal
Aviation Administration which includes funding for each
budget line item for fiscal years 2019 through 2023, with
total funding for each year of the plan constrained to the
funding targets for those years as estimated and approved by
the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$188,926,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2020:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
[[Page H1949]]
sources, which shall be available for expenses incurred for
research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,350,000,000 in fiscal year 2018,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding section 47109(a) of title 49, United States
Code, the Government's share of allowable project costs under
paragraph (2) for subgrants or paragraph (3) of that section
shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor
received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not
more than $111,863,000 shall be available for administration,
not less than $15,000,000 shall be available for the Airport
Cooperative Research Program, not less than $33,210,000 shall
be available for Airport Technology Research, and
$10,000,000, to remain available until expended, shall be
available and transferred to ``Office of the Secretary,
Salaries and Expenses'' to carry out the Small Community Air
Service Development Program: Provided further, That in
addition to airports eligible under section 41743 of title
49, such program may include the participation of an airport
that serves a community or consortium that is not larger than
a small hub airport, according to FAA hub classifications
effective at the time the Office of the Secretary issues a
request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for projects as authorized by subchapter 1 of chapter
471 and subchapter 1 of chapter 475 of title 49, United
States Code, $1,000,000,000, to remain available through
September 30, 2020: Provided, That amounts made available
under this heading shall be derived from the general fund,
and such funds shall not be subject to apportionment
formulas, special apportionment categories, or minimum
percentages under chapter 471: Provided further, That the
Secretary shall distribute funds provided under this heading
as discretionary grants to airports: Provided further, That
the Secretary shall give priority consideration to projects
at (a) nonprimary airports that are classified as Regional,
Local, or Basic airports and are not located within a
Metropolitan or Micropolitan Statistical Area as defined by
the Office of Management and Budget, or (b) primary airports
that are classified as Small or Nonhub airports: Provided
further, That the Federal share payable of the costs for
which a grant is made under this heading to a nonprimary
airport shall be 100 percent: Provided further, That the
amount made available under this heading shall not be subject
to any limitation on obligations for the Grants-in-Aid for
Airports program set forth in any Act: Provided further,
That the Administrator of the Federal Aviation Administration
may retain up to 0.5 percent of the funds provided under this
heading to fund the award and oversight by the Administrator
of grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2018.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds
in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
Federal Aviation Administration for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303 and any amount remaining in such account at the
close of that fiscal year may be made available to satisfy
section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Assistant Secretary for Administration of the
Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number from any display of the Federal Aviation
Administration's Aircraft Situational Display to Industry
data that is made available to the public, except data made
available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds in this Act shall be available
for salaries and expenses of more than eight political and
Presidential appointees in the Federal Aviation
Administration.
Sec. 119. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of
title 49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to
aeronautical navigation products and explains how such fees
are consistent with Executive Order 13642.
Sec. 119A. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation
Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Sec. 119B. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119C. None of the funds provided under this Act may
be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval
any application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program
participants, pending as of January 1, 2016, as long as the
Federal Aviation Administration has received an application
from the airport, and as long as the Administrator determines
such tower is eligible using the factors set forth in the
Federal Aviation Administration report, Establishment and
Discontinuance Criteria for Airport Traffic Control Towers
(FAA-APO-90-7 as of August, 1990).
Sec. 119D. Notwithstanding any other provision of law,
none of the funds made available in this Act may be obligated
or expended to limit the use of an Organization Designation
Authorization's (ODA) delegated functions documented in its
procedures manual on a type certification project unless the
Administrator documents a systemic airworthiness
noncompliance performance issue as a result of inspection or
oversight that the safety of air commerce requires a
limitation with regard to a specific authorization or where
an ODA's capability has not been previously established in
terms of a new compliance method or design feature:
Provided, That in such cases FAA shall work with the ODA
holder if requested to develop the capability to execute that
function safely, efficiently and effectively.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $439,443,925, together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration. In addition, $3,248,000 shall be transferred
to the Appalachian Regional Commission in accordance
[[Page H1950]]
with section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
Federal-aid highway and highway safety construction programs
authorized under titles 23 and 49, United States Code, and
the provisions of the Fixing America's Surface Transportation
Act shall not exceed total obligations of $44,234,212,000 for
fiscal year 2018: Provided, That the Secretary may collect
and spend fees, as authorized by title 23, United States
Code, to cover the costs of services of expert firms,
including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs
to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available
until expended to pay for such costs: Provided further, That
such amounts are in addition to administrative expenses that
are also available for such purpose, and are not subject to
any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
Federal-aid highway and highway safety construction programs
authorized under title 23, United States Code,
$44,973,212,000 derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of
Transportation $2,525,000,000: Provided, That the amounts
made available under this heading shall be derived from the
general fund, shall be in addition to any funds provided for
fiscal year 2018 in this or any other Act for ``Federal-aid
Highways'' under chapter 1 of title 23, United States Code,
and shall not affect the distribution or amount of funds
provided in any other Act: Provided further, That section
1101(b) of Public Law 114-94 shall apply to funds made
available under this heading: Provided further, That of the
funds made available under this heading, $1,980,000,000 shall
be set aside for activities eligible under section
133(b)(1)(A) of title 23, United States Code, $15,800,000
shall be set aside for activities eligible under the Puerto
Rico Highway Program as described in section 165(b)(2)(C) of
such title, $4,200,000 shall be set aside for activities
eligible under the Territorial Highway Program, as described
in section 165(c)(6) of such title, and $300,000,000 shall be
set aside for the nationally significant Federal lands and
tribal projects program under section 1123 of the Fixing
America's Surface Transportation (FAST) Act (Public Law 114-
94): Provided further, That the funds made available under
this heading for activities eligible under section
133(b)(1)(A) of title 23, United States Code, shall be
apportioned to the States in the same ratio as the obligation
limitation for fiscal year 2018 is distributed among the
States in section 120(a)(5) of this Act: Provided further,
That the funds made available under this heading for
activities eligible under section 133(b)(1)(A) of title 23,
United States Code, shall be suballocated in the manner
described in section 133(d) of such title, except that the
set-aside described in section 133(h) of such title shall not
apply to funds made available under this heading: Provided
further, That the funds made available under this heading for
activities eligible under section 133(b)(1)(A) of such title
shall be administered as if apportioned under chapter 1 of
such title and shall remain available through September 30,
2021: Provided further, That, except as provided in the
following proviso, the funds made available under this
heading for activities eligible under the Puerto Rico Highway
Program and activities eligible under the Territorial Highway
Program shall be administered as if allocated under sections
165(b) and 165(c), respectively, of such title and shall
remain available through September 30, 2021: Provided
further, That the funds made available under this heading for
activities eligible under the Puerto Rico Highway Program
shall not be subject to the requirements of sections
165(b)(2)(A) or 165(b)(2)(B) of such title: Provided
further, That notwithstanding section 1123(h) of the FAST
Act, the funds made available under this heading for the
nationally significant Federal lands and tribal projects
program in section 1123 of such Act shall remain available
until expended: Provided further, That of the funds made
available under this heading, $225,000,000, to remain
available through September 30, 2021, shall be set aside for
a competitive highway bridge program for States that have a
population density of less than 100 individuals per square
mile: Provided further, That the funds made available by the
previous proviso shall be (1) used for highway bridge
replacement or rehabilitation projects on public roads that
demonstrate cost savings by bundling multiple highway bridge
projects and (2) administered as if apportioned under chapter
1 of title 23, United States Code: Provided further, That
for purpose of the previous two provisos, the Secretary shall
calculate population density figures based on the latest
available data from the decennial census conducted under
section 141(a) of title 13, United States Code.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2018, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under sections 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under the Fixing America's Surface
Transportation Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of
that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2018, only in an amount
equal to $639,000,000).
[[Page H1951]]
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface Transportation
Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses: Provided, That
such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
provide an annual report to the House and Senate Committees
on Appropriations on any waivers granted under the Buy
America requirements.
Sec. 123. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary of
Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works
and the Committee on Banking, Housing and Urban Affairs of
the Senate; and the Committee on Transportation and
Infrastructure of the House of Representatives: Provided,
That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the
project; whether credit assistance will be provided as a
direct loan, loan guarantee, or line of credit; and the
amount of credit assistance.
Sec. 124. None of the funds in this Act may be used to
make a grant for a project under section 117 of title 23,
United States Code, unless the Secretary, at least 60 days
before making a grant under that section, provides written
notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award: Provided, That the written
notification required in the previous proviso shall be made
no later than 180 days after enactment of this Act.
Sec. 125. For this fiscal year, the Federal Highway
Administration shall reinstate Interim Approval IA-5,
relating to the provisional use of an alternative lettering
style on certain highway guide signs, as it existed before
its termination, as announced in the Federal Register on
January 25, 2016 (81 Fed. Reg. 4083).
Sec. 126. (a) A State or territory, as defined in section
165 of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this
section and submits a quarterly report to the Secretary
identifying the projects to which the funding would be
applied. Notwithstanding the original period of availability
of funds to be obligated under this section, such funds and
associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal
year in which the Secretary of Transportation is notified.
The Federal share of the cost of a project carried out with
funds made available under this section shall be the same as
associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised
only for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of October 1 of the current fiscal year, and
shall be applied to projects within the same general
geographic area within 50 miles for which the funding was
designated, except that a State or territory may apply such
authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed
and for which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each
quarter to the House and Senate Committees on Appropriations.
Sec. 127. Section 127 of title 23, United States Code, is
amended by adding at the end the following:
``(u) Vehicles in North Dakota.--A vehicle limited or
prohibited under this section from operating on a segment of
the Interstate System in the State of North Dakota may
operate on such a segment if such vehicle--
``(1) has a gross vehicle weight of 129,000 pounds or less;
``(2) other than gross vehicle weight, complies with the
single axle, tandem axle, and bridge formula limits set forth
in subsection (a); and
``(3) is authorized to operate on such segment under North
Dakota State law.''.
Sec. 128. Section 1105(c)(89) of Public Law 102-240, as
amended, is amended to read as follows:
``(89) I-57 Corridor Extension as follows: In Arkansas, the
corridor shall follow United States Route 67 in North Little
Rock, Arkansas, from I-40 to United States Route 412, then
continuing generally northeast to the State line, and in
Missouri, the corridor shall continue generally north from
the Arkansas State line to Poplar Bluff, Missouri, and then
follow United States Route 60 to I-57.''.
Sec. 129. Section 1012(e) of Public Law 102-240 is amended
by inserting ``(1)'' before ``Notwithstanding'' and adding at
the end the following:
``(2) Upon the request of any State Department of
Transportation that was authorized to enter into a tolling
agreement under section 120(c) of Public Law 100-17 (101
STAT. 159), the Secretary is authorized to modify the
agreement entered into under Public Law 100-17, as follows.
The Secretary shall authorize the use of excess toll revenues
for any other purpose for which Federal funds may be
obligated under title 23, United States Code, provided the
State--
``(A) certifies annually that the tolled facility is being
adequately maintained; and
``(B) agrees to comply with the audit requirements in
section 129(a)(3)(B) of title 23, United States Code.
``(3) For the purposes of paragraph (2), `excess toll
revenues' means revenues in excess of amounts necessary for
operation and maintenance; debt service; reasonable return on
investment of any private person or entity that may be
authorized by the State to operate and maintain the facility;
and any cost necessary for improvement, including
reconstruction, resurfacing, restoration, and
rehabilitation.''.
Sec. 129A. Section 127(a)(10) of title 23, United States
Code, is amended to read--
``(10) With respect to Interstate Routes 89, 93, and 95 in
the State of New Hampshire--
``(A) State laws (including regulations) concerning vehicle
weight limitations that were in effect on January 1, 1987,
and are applicable to State highways other than the
Interstate System, shall be applicable in lieu of the
requirements of this subsection; and
``(B) effective June 30, 2016, a combination of truck-
tractor and dump trailer equipped with 6 axles or more with a
gross weight of
[[Page H1952]]
up to 99,000 pounds shall be permitted if the distances
between the extreme axles, excluding the steering axle, is 28
feet or more.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110 of title
49, United States Code, as amended by the Fixing America's
Surface Transportation Act, $283,000,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account),
together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which
shall remain available until expended: Provided, That funds
available for implementation, execution or administration of
motor carrier safety operations and programs authorized under
title 49, United States Code, shall not exceed total
obligations of $283,000,000 for ``Motor Carrier Safety
Operations and Programs'' for fiscal year 2018, of which
$9,073,000, to remain available for obligation until
September 30, 2020, is for the research and technology
program, and of which $34,824,000, to remain available for
obligation until September 30, 2020, is for information
management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in carrying out
sections 31102, 31103, 31104, and 31313 of title 49, United
States Code, as amended by the Fixing America's Surface
Transportation Act, $374,800,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That funds
available for the implementation or execution of motor
carrier safety programs shall not exceed total obligations of
$374,800,000 in fiscal year 2018 for ``Motor Carrier Safety
Grants''; of which $298,900,000 shall be available for the
motor carrier safety assistance program, $31,800,000 shall be
available for the commercial driver's license program
implementation program, $43,100,000 shall be available for
the high priority activities program, and $1,000,000 shall be
available for the commercial motor vehicle operators grant
program: Provided further, That of the unobligated amounts
provided for Commercial Vehicle Information Systems Network
Development or other Motor Carrier Safety grants in the
Transportation Equity Act for the 21st Century (Public Law
105-178), SAFETEA-LU (Public Law 109-59), or other
appropriation or authorization acts prior to fiscal year
2017, $87,000,000 in additional obligation limitation is
provided for the modernization and maintenance of border
facilities, and shall remain available until September 30,
2022: Provided further, That of the unobligated amounts
provided for Commercial Vehicle Information Systems Network
Development or other Motor Carrier Safety grants in the
Transportation Equity Act for the 21st Century (Public Law
105-178), SAFETEA-LU (Public Law 109-59), or other
appropriation or authorization acts prior to fiscal year
2017, $100,000,000 in additional obligation limitation is
provided for a highly automated vehicle research and
development program and shall remain available until
expended, of which not less than $60,000,000 shall be for
demonstration grants, and of which not less than $38,000,000
shall be for research activities: Provided further, That the
activities funded by the previous proviso may be accomplished
through direct expenditure, direct research activities,
grants, cooperative agreements, contracts, intra or
interagency agreements, or other agreements with public
organizations: Provided further, That such amounts,
payments, and obligation limitation as may be necessary to
carry out highly automated vehicle research and development
program activities may be transferred and credited to
appropriate accounts of other participating Federal agencies:
Provided further, That $187,000,000 for payment of
obligations incurred in carrying out this section shall be
derived from the Highway Trust Fund (other than the Mass
Transit Account), to be available until expended.
administrative provisions--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-
28.
Sec. 131. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by
certified mail, registered mail, or another manner of
delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use
of electronic logging devices by operators of commercial
motor vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C.
1471) or insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $189,075,000, of which
$40,000,000 shall remain available through September 30,
2019.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, section 4011 of the FAST Act
(Public Law 114-94), and chapter 303 of title 49, United
States Code, $149,000,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to
remain available until expended: Provided, That none of the
funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in
fiscal year 2018, are in excess of $149,000,000, of which
$143,700,000 shall be for programs authorized under 23 U.S.C.
403 and $5,300,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $149,000,000 obligation
limitation for operations and research, $20,000,000 shall
remain available until September 30, 2019, and shall be in
addition to the amount of any limitation imposed on
obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of 23 U.S.C. 402, 404, and 405, and section
4001(a)(6) of the Fixing America's Surface Transportation
Act, to remain available until expended, $597,629,000, to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this
Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year
2018, are in excess of $597,629,000 for programs authorized
under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of
the Fixing America's Surface Transportation Act, of which
$261,200,000 shall be for ``Highway Safety Programs'' under
23 U.S.C. 402; $280,200,000 shall be for ``National Priority
Safety Programs'' under 23 U.S.C. 405; $29,900,000 shall be
for ``High Visibility Enforcement Program'' under 23 U.S.C.
404; $26,329,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act: Provided further, That none of these
funds shall be used for construction, rehabilitation, or
remodeling costs, or for office furnishings and fixtures for
State, local or private buildings or structures: Provided
further, That not to exceed $500,000 of the funds made
available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as
described in subsection (d) of that section) shall be
available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision
under 23 U.S.C. 405(a)(8), any amounts transferred to
increase the amounts made available under section 402 shall
include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and
Senate Committees on Appropriations of any exercise of the
authority granted under the previous proviso or under 23
U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. None of the funds made available by this Act may
be used to obligate or award funds for the National Highway
Traffic Safety Administration's National Roadside Survey.
Sec. 143. None of the funds made available by this Act may
be used to mandate global positioning system (GPS) tracking
in private passenger motor vehicles without providing full
and appropriate consideration of privacy concerns under 5
U.S.C. chapter 5, subchapter II.
Sec. 144. In addition to the amounts made available under
the heading, ``Operations and Research (Liquidation of
Contract Authorization) (Limitation on Obligations) (Highway
Trust Fund)'' for carrying out the provisions of section 403
of title 23, United States
[[Page H1953]]
Code, $11,500,000, to remain available until September 30,
2019, shall be made available to the National Highway Traffic
Safety Administration from the general fund, of which not to
exceed $5,000,000 shall be available to provide funding for
grants, pilot program activities, and innovative solutions to
reduce alcohol-impaired-driving fatalities and other causes
of the recent increase in highway fatalities from impaired
driving in collaboration with eligible entities under section
403 of title 23, United States Code, and not to exceed
$6,500,000 shall be available to continue a high visibility
enforcement paid-media campaign regarding highway-rail grade
crossing safety in collaboration with the Federal Railroad
Administration.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $221,698,000, of
which $15,900,000 shall remain available until expended, and
of which up to $350,000 shall be available for the Secretary
of Transportation to assist Class II and Class III railroads
in preparing to apply and applying for direct loans and loan
guarantees for eligible projects pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210) to also remain
available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $40,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
For the cost of direct loans and loan guarantees pursuant
to sections 501 through 504 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, $25,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That the Secretary of Transportation is authorized
to issue direct loans and loan guarantees pursuant to
sections 501 through 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, such authority shall exist as long as any such
direct loan or loan guarantee is outstanding: Provided
further, That, for direct loans and loan guarantees issued
pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended, the Secretary, in consultation with the
Director of the Office of Management and Budget, not later
than 120 days after the date of enactment of this Act, shall
define each cohort as the loans provided for that fiscal
year, creating individual fiscal year cohorts for each fiscal
year in which a loan was provided from the date of enactment
of Public Law 105-178 to the date of enactment of Public Law
114-94: Provided further, That, when all obligations
attached to a cohort as defined under the previous proviso
have been satisfied, the Secretary shall repay the credit
risk premiums of loans in the cohort, with interest accrued
thereon, not later than 180 days after the date of enactment
of this Act or, for a cohort with obligations that have not
yet been satisfied, not later than 60 days after the date on
which all obligations attached to the cohort have been
satisfied: Provided further, That the Secretary shall not
treat the repayment of a loan after the date of enactment of
Public Law 114-94 as precluding, limiting, or negatively
affecting the satisfaction of the obligation of its cohort
for a fiscal year prior to the enactment of Public Law 114-
94.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership
for State of Good Repair Grants as authorized by section
24911 of title 49, United States Code, $250,000,000, to
remain available until expended: Provided, That the
Secretary may withhold up to one percent of the amount
provided under this heading for the costs of award and
project management oversight of grants carried out under
section 24911 of title 49, United States Code: Provided
further, That section 24911(e)(1) of title 49, United States
Code, is amended by striking ``transportation'' and inserting
``transportation at the eligible project location''.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements Grants, as authorized
by section 24407 of title 49, United States Code,
$592,547,000, to remain available until expended, of which
$250,000,000 shall be available for eligible projects under
section 24407(c)(1) of title 49, United States Code, for the
implementation of positive train control systems, and of
which $35,547,000 shall be available for eligible projects
under section 24407(c)(2) of title 49, United States Code,
that contribute to the initiation or restoration of intercity
passenger rail service: Provided, That the Secretary shall
not preclude projects from consideration for funding under
the previous proviso due to a lack of agreement among the
funding recipients, operator, and host railroad regarding
access to and use of the host railroad facilities, if an
agreement or order for the use of such facilities may occur
under section 24308 of title 49, United States Code:
Provided further, That section 24405(f) of title 49, United
States Code, shall not apply to projects for the
implementation of positive train control systems otherwise
eligible under section 24407(c)(1) of title 49, United States
Code: Provided further, That amounts available under this
heading for projects selected for commuter rail passenger
transportation may be transferred by the Secretary, after
selection, to the appropriate agencies to be administered in
accordance with chapter 53 of title 49, United States Code:
Provided further, That the Secretary shall not limit eligible
projects from consideration for funding for planning,
engineering, environmental, construction, and design elements
of the same project in the same application: Provided
further, That unobligated balances remaining after four years
from the date of enactment may be used for any eligible
project under section 24407(c) of title 49, United States
Code: Provided further, That the Secretary may withhold up
to one percent of the amount provided under this heading for
the costs of award and project management oversight of grants
carried out under section 24407 of title 49, United States
Code.
restoration and enhancement
For necessary expenses related to Restoration and
Enhancement Grants, as authorized by section 24408 of title
49, United States Code, $20,000,000, to remain available
until expended: Provided, That the Secretary may withhold up
to one percent of the funds provided under this heading to
fund the costs of award and project management and oversight.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the Northeast Corridor as authorized by
section 11101(a) of the Fixing America's Surface
Transportation Act (division A of Public Law 114-94),
$650,000,000, to remain available until expended: Provided,
That the Secretary may retain up to one-half of 1 percent of
the funds provided under both this heading and the ``National
Network Grants to the National Railroad Passenger
Corporation'' heading to fund the costs of project management
and oversight of activities authorized by section 11101(c) of
division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized
under section 11101(c) of division A of Public Law 114-94,
the Secretary may retain up to an additional $5,000,000 of
the funds provided under this heading to fund expenses
associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code:
Provided further, That of the amounts made available under
this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading, not less
than $50,000,000 shall be made available to bring Amtrak-
served facilities and stations into compliance with the
Americans with Disabilities Act.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
11101(b) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94), $1,291,600,000, to remain
available until expended: Provided, That the Secretary may
retain up to an additional $2,000,000 of the funds provided
under this heading to fund expenses associated with the
State-Supported Route Committee established under section
24712 of title 49, United States Code: Provided further,
That up to $5,000,000 of the amount provided under this
heading shall be available for costs associated with any
matters Amtrak may elect to bring before the Surface
Transportation Board related to passenger rail service:
Provided further, That at least $50,000,000 of the amount
provided under this heading shall be available for the
development, installation and operation of railroad safety
technology, including the implementation of a positive train
control system, on State-supported routes as defined under
section 24102(13) of title 49, United States Code, on which
positive train control systems are not required by law or
regulation.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the previous proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations each
quarter within 30 days of such quarter of the calendar year
on waivers granted to employees and amounts paid above the
cap for each month within such quarter and delineate the
reasons each waiver was granted: Provided further, That the
President of Amtrak shall report to the House and Senate
Committees on Appropriations within 60 days of enactment of
this Act, a summary of all overtime payments incurred by the
Corporation for 2017 and the three prior calendar years:
Provided further, That such summary shall include the total
number of employees that received waivers and the total
overtime payments the Corporation paid to those employees
receiving waivers for each month for 2017 and for the three
prior calendar years.
[[Page H1954]]
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $113,165,000: Provided, That
none of the funds provided or limited in this Act may be used
to create a permanent office of transit security under this
heading: Provided further, That upon submission to the
Congress of the fiscal year 2019 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on New Starts, including proposed allocations
for fiscal year 2019.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by
the Fixing America's Surface Transportation Act, and section
20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,300,000,000,
to be derived from the Mass Transit Account of the Highway
Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of
programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America's Surface Transportation Act,
and section 20005(b) of Public Law 112-141, and section
3006(b) of the Fixing America's Surface Transportation Act,
shall not exceed total obligations of $9,733,353,407 in
fiscal year 2018: Provided further, That the Federal share
of the cost of activities carried out under section 5312
shall not exceed 80 percent, except that if there is
substantial public interest or benefit, the Secretary may
approve a greater Federal share.
transit infrastructure grants
For an additional amount for buses and bus facilities
grants under section 5339 of title 49, United States Code,
state of good repair grants under section 5337 of such title,
high density state apportionments under section 5340(d) of
such title, and the bus testing facilities under sections
5312 and 5318 of such title, $834,000,000 to remain available
until expended: Provided, That $400,000,000 shall be
available for grants as authorized under section 5339 of such
title, of which $209,104,000 shall be available for the buses
and bus facilities formula grants as authorized under section
5339(a) of such title, $161,446,000 shall be available for
the buses and bus facilities competitive grants as authorized
under section 5339(b) of such title, and $29,450,000 shall be
available for the low or no emission grants as authorized
under section 5339(c) of such title: Provided further, That
$400,000,000 shall be available for the state of good repair
grants as authorized under section 5337 of such title:
Provided further, That $30,000,000 shall be available for the
high density state apportionments as authorized under section
5340(d) of such title: Provided further, That $2,000,000
shall be available for the bus testing facility as authorized
under section 5318 of such title: Provided further, That
notwithstanding section 5318(a) of such title, $2,000,000
shall be available for the operation and maintenance of bus
testing facilities by institutions of higher education
selected pursuant to section 5312(h) of such title: Provided
further, That the Secretary shall enter into a contract or
cooperative agreement with, or make a grant to, each
institution of higher education selected pursuant to section
5312(h) of such title, to operate and maintain a facility to
conduct the testing of low or no emission vehicle new bus
models using the standards established pursuant to section
5318(e)(2) of such title: Provided further, That the term
``low or no emission vehicle'' has the meaning given the term
in section 5312(e)(6) of such title: Provided further, That
the Secretary shall pay 80 percent of the cost of testing a
low or no emission vehicle new bus model at each selected
institution of higher education: Provided further, That the
entity having the vehicle tested shall pay 20 percent of the
cost of testing: Provided further, That a low or no emission
vehicle new bus model tested that receives a passing
aggregate test score in accordance with the standards
established under section 5318(e)(2) of such title, shall be
deemed to be in compliance with the requirements of section
5318(e) of such title: Provided further, That amounts made
available by this heading shall be derived from the general
fund: Provided further, That the amounts made available
under this heading shall not be subject to any limitation on
obligations for transit programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314,
$5,000,000.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United
States Code, $2,644,960,000 to remain available until
September 30, 2021: Provided, That of the amounts made
available under this heading, $2,252,508,586 shall be
obligated by December 31, 2019: Provided further, That
$5,050,000 from unobligated amounts appropriated for the
buses and bus facilities program under section 5309 of such
title from fiscal years 2000 to 2005 shall remain available
until September 30, 2021 to carry out section 5309: Provided
further, That of the amounts made available under this
heading, $1,506,910,000 shall be available for projects
authorized under section 5309(d) of such title, $715,700,000
shall be available for projects authorized under section
5309(e) of such title, $400,900,000 shall be available for
projects authorized under section 5309(h) of such title:
Provided further, That the Secretary shall continue to
administer the capital investment grant program in accordance
with the procedural and substantive requirements of section
5309 of such title.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to
approving such grants, the Secretary shall certify that the
Washington Metropolitan Area Transit Authority is making
progress to improve its safety management system in response
to the Federal Transit Administration's 2015 safety
management inspection: Provided further, That the Secretary
shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those
investments that will improve the safety of the system before
approving such grants: Provided further, That the Secretary,
in order to ensure safety throughout the rail system, may
waive the requirements of section 601(e)(1) of division B of
Public Law 110-432.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2017, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 162. (a) Except as provided in subsection (b), none of
the funds in this or any other Act may be available to
advance in any way a new light or heavy rail project towards
a full funding grant agreement as defined by 49 U.S.C. 5309
for the Metropolitan Transit Authority of Harris County,
Texas if the proposed capital project is constructed on or
planned to be constructed on Richmond Avenue west of South
Shepherd Drive or on Post Oak Boulevard north of Richmond
Avenue in Houston, Texas.
(b) The Metropolitan Transit Authority of Harris County,
Texas, may attempt to construct or construct a new fixed
guideway capital project, including light rail, in the
locations referred to in subsection (a) if--
(1) voters in the jurisdiction that includes such locations
approve a ballot proposition that specifies routes on
Richmond Avenue west of South Shepherd Drive or on Post Oak
Boulevard north of Richmond Avenue in Houston, Texas; and
(2) the proposed construction of such routes is part of a
comprehensive, multi-modal, service-area wide transportation
plan that includes multiple additional segments of fixed
guideway capital projects, including light rail for the
jurisdiction set forth in the ballot proposition. The ballot
language shall include reasonable cost estimates, sources of
revenue to be used and the total amount of bonded
indebtedness to be incurred as well as a description of each
route and the beginning and end point of each proposed
transit project.
Sec. 163. Notwithstanding any other provision of law, none
of the funds made available in this Act shall be used to
enter into a full funding grant agreement for a project with
a New Starts share greater than 51 percent.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital asset renewal activities of those
portions of the St. Lawrence Seaway owned, operated, and
maintained by the Saint Lawrence Seaway Development
Corporation, $40,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662:
Provided, That of the amounts made available under this
heading, not less than $19,500,000 shall be used on asset
renewal activities and
[[Page H1955]]
shall remain available through September 30, 2020.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $300,000,000, to remain available until
expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $513,642,000, of which
$22,000,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $300,000,000 shall remain available
until expended for the National Security Multi-Mission Vessel
Program, including funds for construction, planning,
administration, and design of school ships in accordance with
section 3505 of Public Law 114-328, as applicable, with
unobligated balances from previous appropriations for the
National Security Multi-Mission Vessel Program also available
for and merged into this appropriation; and of which
$2,400,000 shall remain available through September 30, 2019,
for the Student Incentive Program at State Maritime
Academies, and of which $1,800,000 shall remain available
until expended for training ship fuel assistance payments,
and of which $52,000,000 shall remain available until
expended for facilities maintenance and repair, equipment,
and capital improvements at the United States Merchant Marine
Academy, and of which $3,000,000 shall remain available
through September 30, 2019, for Maritime Environment and
Technology Assistance program authorized under section 50307
of title 46, United States Code, and of which $7,000,000
shall remain available until expended for the Short Sea
Transportation Program (America's Marine Highways) to make
grants for the purposes authorized under sections 55601(b)(1)
and (3) of title 46, United States Code: Provided, That not
later than January 12, 2019, the Administrator of the
Maritime Administration shall transmit to the House and
Senate Committees on Appropriations the annual report on
sexual assault and sexual harassment at the United States
Merchant Marine Academy as required pursuant to section 3507
of Public Law 110-417.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, as amended by
Public Law 113-281, $20,000,000 to remain available until
expended.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $116,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, $30,000,000, of which
$27,000,000 shall remain available until expended: Provided,
That such costs, including the costs of modifying such loans,
shall be defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That not to
exceed $3,000,000 shall be for administrative expenses to
carry out the guaranteed loan program, which shall be
transferred to and merged with the appropriations for
``Operations and Training'', Maritime Administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall
be covered into the Treasury as miscellaneous receipts.
Sec. 171. None of the funds available or appropriated in
this Act shall be used by the United States Department of
Transportation or the United States Maritime Administration
to negotiate or otherwise execute, enter into, facilitate or
perform fee-for-service contracts for vessel disposal,
scrapping or recycling, unless there is no qualified domestic
ship recycler that will pay any sum of money to purchase and
scrap or recycle a vessel owned, operated or managed by the
Maritime Administration or that is part of the National
Defense Reserve Fleet: Provided, That such sales offers must
be consistent with the solicitation and provide that the work
will be performed in a timely manner at a facility qualified
within the meaning of section 3502 of Public Law 106-398:
Provided further, That nothing contained herein shall affect
the Maritime Administration's authority to award contracts at
least cost to the Federal Government and consistent with the
requirements of 54 U.S.C. 308704, section 3502, or otherwise
authorized under the Federal Acquisition Regulation.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $23,000,000:
Provided, That the Secretary of Transportation shall issue a
final rule to expand the applicability of comprehensive oil
spill response plans within 5 days of enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $59,000,000, of which $7,570,000 shall
remain available until September 30, 2020: Provided, That up
to $800,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $162,000,000, of which $23,000,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2020; and of which
$131,000,000 shall be derived from the Pipeline Safety Fund,
of which $64,736,000 shall remain available until September
30, 2020; and of which $8,000,000 shall be derived from fees
collected under 49 U.S.C. 60302 and deposited in the
Underground Natural Gas Storage Facility Safety Account for
the purpose of carrying out 49 U.S.C. 60141 and shall remain
available until September 30, 2020: Provided, That not less
than $1,058,000 of the funds provided under this heading
shall be for the One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
Notwithstanding the fiscal year limitation specified in 49
U.S.C. 5116, not more than $28,318,000 shall be made
available for obligation in fiscal year 2018 from amounts
made available by 49 U.S.C. 5116(h), and 5128(b) and (c):
Provided, That notwithstanding 49 U.S.C. 5116(h)(4), not more
than 4 percent of the amounts made available from this
account shall be available to pay administrative costs:
Provided further, That none of the funds made available by 49
U.S.C. 5116(h), 5128(b), or 5128(c) shall be made available
for obligation by individuals other than the Secretary of
Transportation, or his or her designee.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector
General to carry out the provisions of the Inspector General
Act of 1978, as amended, $92,152,000: Provided, That the
Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to
regulation by the Department of Transportation: Provided
further, That the funds made available under this heading may
be used to investigate, pursuant to section 41712 of title
49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air
carriers and ticket agents; and (2) the compliance of
domestic and foreign air carriers with respect to item (1) of
this proviso.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
(b) During the current fiscal year, applicable
appropriations to the Department and its operating
administrations shall be available for the purchase,
maintenance, operation, and deployment of unmanned aircraft
systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by
the Department prior to the enactment of this Act shall be
deemed authorized.
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided
[[Page H1956]]
in this Act for any grantee if a State is in noncompliance
with this provision.
Sec. 183. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to 49 U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any project competitively selected to receive any
discretionary grant award, letter of intent, loan commitment,
loan guarantee commitment, line of credit commitment, or full
funding grant agreement is announced by the Department or its
modal administrations: Provided, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
(b) In addition to the notification required in subsection
(a), none of the funds made available in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, cooperative agreement or
discretionary grant unless the Secretary of Transportation
provides the House and Senate Committees on Appropriations a
comprehensive list of all such loans, loan guarantees, lines
of credit, cooperative agreement or discretionary grants that
will be announced not less the 3 full business days before
such announcement: Provided, That the requirement to provide
a list in this subsection does not apply to any ``quick
release'' of funds from the emergency relief program:
Provided further, That no list shall involve funds that are
not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available in this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with
the improper payment or payments is not readily available,
the Secretary may credit an appropriate account, which shall
be available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to the transfer of any such
recovery to an appropriations account, the Secretary shall
notify the House and Senate Committees on Appropriations of
the amount and reasons for such transfer: Provided further,
That for purposes of this section, the term ``improper
payments'' has the same meaning as that provided in section
2(d)(2) of Public Law 107-300.
Sec. 188. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of said reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and said reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date
on which the reprogramming action has been approved or denied
by the House and Senate Committees on Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 191. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 U.S.C. or title 23 U.S.C. utilizing
geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration
grant from imposing such hiring preference on a contract or
construction project with which the Department of
Transportation is assisting, only if the grant recipient
certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2018''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $14,708,000: Provided,
That not to exceed $19,876 of the amount made available under
this heading shall be available to the Secretary for official
reception and representation expenses as the Secretary may
determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $518,303,000, of which $52,200,000 shall be
available for the Office of the Chief Financial Officer;
$95,400,000 shall be available for the Office of the General
Counsel; $204,253,000 shall be available for the Office of
Administration; $39,300,000 shall be available for the Office
of the Chief Human Capital Officer; $53,500,000 shall be
available for the Office of Field Policy and Management;
$19,500,000 shall be available for the Office of the Chief
Procurement Officer; $3,800,000 shall be available for the
Office of Departmental Equal Employment Opportunity;
$4,950,000 shall be available for the Office of Strategic
Planning and Management; and $45,400,000 shall be available
for the Office of the Chief Information Officer: Provided,
That funds provided under this heading may be used for
necessary administrative and non-administrative expenses of
the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized
by 5 U.S.C. 3109: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
directly support program activities funded in this title:
Provided further, That the Secretary shall provide the House
and Senate Committees on Appropriations quarterly written
notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide
in electronic form all signed reports required by Congress:
Provided further, That within 30 days of enactment of this
Act, the Secretary shall submit to the House and Senate
Committees on Appropriations organization charts reflecting
the Department's and each office's structure (to the branch
level) on October 1, 2017 and on the date of enactment of
this Act.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public
and Indian Housing, $216,633,000.
community planning and development
For necessary salaries and expenses of the Office of
Community Planning and Development, $107,554,000.
housing
For necessary salaries and expenses of the Office of
Housing, $383,000,000.
[[Page H1957]]
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $24,065,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $69,808,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead
Hazard Control and Healthy Homes, $7,600,000.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the
Department of Housing and Urban Development Act (42 U.S.C.
3535(f)), amounts transferred to the Fund under this heading
shall be available for Federal shared services used by
offices and agencies of the Department, and for such portion
of any office or agency's printing, records management, space
renovation, furniture, or supply services as the Secretary
determines shall be derived from centralized sources made
available by the Department to all offices and agencies and
funded through the Fund: Provided, That of the amounts made
available in this title for salaries and expenses under the
headings ``Executive Offices'', ``Administrative Support
Offices'', ``Program Office Salaries and Expenses'', and
``Government National Mortgage Association'', the Secretary
shall transfer to the Fund such amounts, to remain available
until expended, as are necessary to fund services, specified
in the matter preceding the first proviso, for which the
appropriation would otherwise have been available, and may
transfer not to exceed an additional $5,000,000, in
aggregate, from all such appropriations, to be merged with
the Fund and to remain available until expended for use for
any office or agency: Provided further, That amounts in the
Fund shall be the only amounts available to each office or
agency of the Department for the services, or portion of
services, specified in the matter preceding the first
proviso: Provided further, That with respect to the Fund,
the authorities and conditions under this heading shall
supplement the authorities and conditions provided under
section 7(f).
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$18,015,000,000, to remain available until expended, shall be
available on October 1, 2017 (in addition to the
$4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2017), and
$4,000,000,000, to remain available until expended, shall be
available on October 1, 2018: Provided, That the amounts
made available under this heading are provided as follows:
(1) $19,600,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2018 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection, HOPE VI,
and Choice Neighborhoods vouchers: Provided further, That
none of the funds provided under this paragraph may be used
to fund a total number of unit months under lease which
exceeds a public housing agency's authorized level of units
under contract, except for public housing agencies
participating in the MTW demonstration, which are instead
governed by the terms and conditions of their MTW agreements:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos,
the entire amount specified under this paragraph (except as
otherwise modified under this paragraph) shall be obligated
to the public housing agencies based on the allocation and
pro rata method described above, and the Secretary shall
notify public housing agencies of their annual budget by the
latter of 60 days after enactment of this Act or March 1,
2018: Provided further, That the Secretary may extend the
notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
MTW demonstration shall be funded pursuant to their MTW
agreements and shall be subject to the same pro rata
adjustments under the previous provisos: Provided further,
That the Secretary may offset public housing agencies'
calendar year 2018 allocations based on the excess amounts of
public housing agencies' net restricted assets accounts,
including HUD-held programmatic reserves (in accordance with
VMS data in calendar year 2017 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2018 MTW funding
allocation: Provided further, That the Secretary shall use
any offset referred to in the previous two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or
reduce the proration of renewal funding allocations:
Provided further, That up to $75,000,000 shall be available
only: (1) for adjustments in the allocations for public
housing agencies, after application for an adjustment by a
public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for vouchers
that were not in use during the previous 12-month period in
order to be available to meet a commitment pursuant to
section 8(o)(13) of the Act; (3) for adjustments for costs
associated with HUD-Veterans Affairs Supportive Housing (HUD-
VASH) vouchers; and (4) for public housing agencies that
despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to
terminate rental assistance for families as a result of
insufficient funding: Provided further, That the Secretary
shall allocate amounts under the previous proviso based on
need, as determined by the Secretary;
(2) $85,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, HOPE VI and Choice
Neighborhood vouchers, mandatory and voluntary conversions,
and tenant protection assistance including replacement and
relocation assistance or for project-based assistance to
prevent the displacement of unassisted elderly tenants
currently residing in section 202 properties financed between
1959 and 1974 that are refinanced pursuant to Public Law 106-
569, as amended, or under the authority as provided under
this Act: Provided, That when a public housing development
is submitted for demolition or disposition under section 18
of the Act, the Secretary may provide section 8 rental
assistance when the units pose an imminent health and safety
risk to residents: Provided further, That the Secretary may
only provide replacement vouchers for units that were
occupied within the previous 24 months that cease to be
available as assisted housing, subject only to the
availability of funds: Provided further, That of the amounts
made available under this paragraph, $5,000,000 may be
available to provide tenant protection assistance, not
otherwise provided under this paragraph, to residents
residing in low vacancy areas and who may have to pay rents
greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held or section
202 loan that requires the permission of the Secretary prior
to loan prepayment; (B) the expiration of a rental assistance
contract for which the tenants are not eligible for enhanced
voucher or tenant protection assistance under existing law;
or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered
by the Secretary: Provided further, That such tenant
protection assistance made available under the previous
proviso may be provided under the authority of section 8(t)
or section 8(o)(13) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)): Provided further, That the Secretary
shall issue guidance to implement the previous provisos,
including, but not limited to, requirements for defining
eligible at-risk households within 60 days of the enactment
of this Act: Provided further, That any tenant protection
voucher made available from amounts under this paragraph
shall not be reissued by any public housing agency, except
the replacement vouchers as defined by the Secretary by
notice, when the initial family that received any such
voucher no longer receives such voucher, and the authority
for any public housing agency to issue any such voucher shall
cease to exist: Provided further, That the Secretary may
provide section 8 rental assistance from amounts made
available under this paragraph for units assisted under a
project-based subsidy contract funded under the ``Project-
Based Rental Assistance'' heading under this title where the
owner has received a Notice of Default and the units pose an
imminent health and safety risk to residents: Provided
further, That to the extent that the Secretary determines
that such units are not
[[Page H1958]]
feasible for continued rental assistance payments or transfer
of the subsidy contract associated with such units to another
project or projects and owner or owners, any remaining
amounts associated with such units under such contract shall
be recaptured and used to reimburse amounts used under this
paragraph for rental assistance under the preceding proviso;
(3) $1,760,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $30,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers,
Veterans Affairs Supportive Housing vouchers, and other
special purpose incremental vouchers: Provided, That no less
than $1,730,000,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the
calendar year 2018 funding cycle based on section 8(q) of the
Act (and related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276):
Provided further, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined
under the previous proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements, and shall be subject
to the same uniform percentage decrease as under the previous
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities;
(4) $505,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering
the special purpose vouchers in this paragraph shall be
funded under the same terms and be subject to the same pro
rata reduction as the percent decrease for administrative and
other expenses to public housing agencies under paragraph (3)
of this heading: Provided further, That any amounts provided
under this paragraph in this Act or prior Acts, remaining
available after funding renewals and administrative expenses
under this paragraph, shall be available for incremental
tenant-based assistance contracts under such section 811,
including necessary administrative expenses;
(5) $5,000,000 shall be for rental assistance and
associated administrative fees for Tribal HUD-VA Supportive
Housing to serve Native American veterans that are homeless
or at-risk of homelessness living on or near a reservation or
other Indian areas: Provided, That such amount shall be made
available for renewal grants to recipients that received
assistance under prior Acts under the Tribal HUD-VA
Supportive Housing program: Provided further, That the
Secretary shall be authorized to specify criteria for renewal
grants, including data on the utilization of assistance
reported by grant recipients: Provided further, That such
assistance shall be administered in accordance with program
requirements under the Native American Housing Assistance and
Self-Determination Act of 1996 and modeled after the HUD-VASH
program: Provided further, That the Secretary shall be
authorized to waive, or specify alternative requirements for
any provision of any statute or regulation that the Secretary
administers in connection with the use of funds made
available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that
any such waivers or alternative requirements are necessary
for the effective delivery and administration of such
assistance: Provided further, That grant recipients shall
report to the Secretary on utilization of such rental
assistance and other program data, as prescribed by the
Secretary: Provided further, That the Secretary may
reallocate, as determined by the Secretary, amounts returned
or recaptured from awards under prior acts;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 203 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That the
Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That
assistance made available under this paragraph shall continue
to remain available for homeless veterans upon turn-over;
(7) $20,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue
to remain available for family unification upon turnover:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program that determines that it
no longer has an identified need for such assistance upon
turnover, such agency shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
program; and
(8) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2018 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be rescinded:
Provided further, That amounts heretofore recaptured, or
recaptured during the current fiscal year, from section 8
project-based contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$2,750,000,000, to remain available until September 30, 2021:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2018, the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future: Provided further, That up to $8,300,000 shall
be to support ongoing public housing financial and physical
assessment activities: Provided further, That up to
$1,000,000 shall be to support the costs of administrative
and judicial receiverships: Provided further, That of the
total amount provided under this heading, not to exceed
$21,500,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this Act, to public
housing agencies for emergency capital needs including safety
and security measures necessary to address crime and drug-
related activity as well as needs resulting from unforeseen
or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2018:
Provided further, That of the amount made available under the
previous proviso, not less than $5,000,000 shall be for
safety and security measures: Provided further, That in
addition to the amount in the previous proviso for such
safety and security measures, any amounts that remain
available, after all applications received on or before
September 30, 2019, for emergency capital needs have been
processed, shall be allocated to public housing agencies for
such safety and security measures: Provided further, That of
the total
[[Page H1959]]
amount provided under this heading, up to $35,000,000 shall
be for supportive services, service coordinators and
congregate services as authorized by section 34 of the Act
(42 U.S.C. 1437z-6) and the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.): Provided further, That of the total amount made
available under this heading, $15,000,000 shall be for a
Jobs-Plus initiative modeled after the Jobs-Plus
demonstration: Provided further, That funding provided under
the previous proviso shall be available for competitive
grants to partnerships between public housing authorities,
local workforce investment boards established under section
117 of the Workforce Investment Act of 1998, and other
agencies and organizations that provide support to help
public housing residents obtain employment and increase
earnings: Provided further, That applicants must demonstrate
the ability to provide services to residents, partner with
workforce investment boards, and leverage service dollars:
Provided further, That the Secretary may allow public housing
agencies to request exemptions from rent and income
limitation requirements under sections 3 and 6 of the United
States Housing Act of 1937 as necessary to implement the
Jobs-Plus program, on such terms and conditions as the
Secretary may approve upon a finding by the Secretary that
any such waivers or alternative requirements are necessary
for the effective implementation of the Jobs-Plus initiative
as a voluntary program for residents: Provided further, That
the Secretary shall publish by notice in the Federal Register
any waivers or alternative requirements pursuant to the
preceding proviso no later than 10 days before the effective
date of such notice: Provided further, That for funds
provided under this heading, the limitation in section
9(g)(1) of the Act shall be 25 percent: Provided further,
That the Secretary may waive the limitation in the previous
proviso to allow public housing agencies to fund activities
authorized under section 9(e)(1)(C) of the Act: Provided
further, That the Secretary shall notify public housing
agencies requesting waivers under the previous proviso if the
request is approved or denied within 14 days of submitting
the request: Provided further, That from the funds made
available under this heading, the Secretary shall provide
bonus awards in fiscal year 2018 to public housing agencies
that are designated high performers: Provided further, That
the Department shall notify public housing agencies of their
formula allocation within 60 days of enactment of this Act.
public housing operating fund
For 2018 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,550,000,000, to remain available until
September 30, 2019.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise
specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, schools, public
assets, transportation and access to jobs, $150,000,000, to
remain available until September 30, 2020: Provided, That
grant funds may be used for resident and community services,
community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided further, That the
use of funds made available under this heading shall not be
deemed to be public housing notwithstanding section 3(b)(1)
of such Act: Provided further, That grantees shall commit to
an additional period of affordability determined by the
Secretary of not fewer than 20 years: Provided further, That
grantees shall provide a match in State, local, other Federal
or private funds: Provided further, That grantees may
include local governments, tribal entities, public housing
authorities, and nonprofits: Provided further, That for-
profit developers may apply jointly with a public entity:
Provided further, That for purposes of environmental review,
a grantee shall be treated as a public housing agency under
section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject
to the regulations issued by the Secretary to implement such
section: Provided further, That of the amount provided, not
less than $75,000,000 shall be awarded to public housing
agencies: Provided further, That such grantees shall create
partnerships with other local organizations including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
no more than $5,000,000 of funds made available under this
heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community:
Provided further, That unobligated balances, including
recaptures, remaining from funds appropriated under the
heading ``Revitalization of Severely Distressed Public
Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal
years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Secretary shall
issue the Notice of Funding Availability for funds made
available under this heading no later than 60 days after
enactment of this Act: Provided further, That the Secretary
shall make grant awards no later than 270 days after
enactment of this Act in such amounts that the Secretary
determines.
family self-sufficiency
For the Family Self-Sufficiency program to support family
self-sufficiency coordinators under section 23 of the United
States Housing Act of 1937, to promote the development of
local strategies to coordinate the use of assistance under
sections 8(o) and 9 of such Act with public and private
resources, and enable eligible families to achieve economic
independence and self-sufficiency, $75,000,000, to remain
available until September 30, 2019: Provided, That the
Secretary may, by Federal Register notice, waive or specify
alternative requirements under subsections b(3), b(4), b(5),
or c(1) of section 23 of such Act in order to facilitate the
operation of a unified self-sufficiency program for
individuals receiving assistance under different provisions
of the Act, as determined by the Secretary: Provided
further, That owners of a privately owned multifamily
property with a section 8 contract may voluntarily make a
Family Self-Sufficiency program available to the assisted
tenants of such property in accordance with procedures
established by the Secretary: Provided further, That such
procedures established pursuant to the previous proviso shall
permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners to
use funding from residual receipt accounts to hire
coordinators for their own Family Self-Sufficiency program.
native american housing block grants
(including transfer of funds)
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $655,000,000, to remain available until
September 30, 2022: Provided, That, notwithstanding NAHASDA,
to determine the amount of the allocation under title I of
such Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That of
the amounts made available under this heading, $7,000,000
shall be for providing training and technical assistance to
Indian housing authorities and tribally designated housing
entities, to support the inspection of Indian housing units,
contract expertise, and for training and technical assistance
related to funding provided under this heading and other
headings under this Act for the needs of Native American
families and Indian country: Provided further, That of the
funds made available under the previous provisos, not less
than $2,000,000 shall be made available for a national
organization as authorized under section 703 of NAHASDA (25
U.S.C. 4212): Provided further, That amounts made available
under the previous two provisos may be used, contracted, or
competed as determined by the Secretary: Provided further,
That of the amount provided under this heading, $2,000,000
shall be made available for the cost of guaranteed notes and
other obligations, as authorized by title VI of NAHASDA:
Provided further, That such costs, including the costs of
modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are
available to subsidize the total principal amount of any
notes and other obligations, any part of which is to be
guaranteed, not to exceed $17,391,304: Provided further,
That the Department will notify grantees of their formula
allocation within 60 days of the date of enactment of this
Act: Provided further, That for an additional amount for the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA, $100,000,000 to remain available
until September 30, 2022: Provided further, That the
Secretary shall obligate this additional amount for
competitive grants to eligible recipients authorized under
NAHASDA that apply for funds: Provided further, That in
awarding this additional amount, the Secretary shall consider
need and administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation:
Provided further, That up to 1 percent of this additional
amount may be transferred, in aggregate, to ``Program Office
Salaries and Expenses--Public and Indian Housing'' for
necessary costs of administering and overseeing the
obligation and expenditure of this additional amount:
Provided further, That any funds transferred pursuant to the
previous proviso shall remain available until September 30,
2023.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $1,000,000, to remain available until
expended: Provided, That such
[[Page H1960]]
costs, including the costs of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, up to $270,270,270, to remain available until
expended: Provided further, That up to $750,000 of this
amount may be for administrative contract expenses including
management processes and systems to carry out the loan
guarantee program.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $2,000,000 to remain available until September 30,
2022: Provided, That notwithstanding section 812(b) of such
Act, the Department of Hawaiian Home Lands may not invest
grant amounts provided under this heading in investment
securities and other obligations: Provided further, That the
language under the first proviso under the heading ``Native
Hawaiian Housing Block Grant'' in the Department of Housing
and Urban Development Appropriations Act, 2015 (Public Law
113-235) is amended by striking ``Hawaii-based'': Provided
further, That amounts made available under this heading in
this and prior fiscal years may be used to provide rental
assistance to eligible Native Hawaiian families both on and
off the Hawaiian Home Lands, notwithstanding any other
provision of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $375,000,000, to remain
available until September 30, 2019, except that amounts
allocated pursuant to section 854(c)(5) of such Act shall
remain available until September 30, 2020: Provided, That
the Secretary shall renew all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $3,365,000,000, to remain
available until September 30, 2020, unless otherwise
specified: Provided, That of the total amount provided,
$3,300,000,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (``the Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading, not to
exceed 20 percent of any grant made with funds appropriated
under this heading shall be expended for planning and
management development and administration: Provided further,
That a metropolitan city, urban county, unit of general local
government, Indian tribe, or insular area that directly or
indirectly receives funds under this heading may not sell,
trade, or otherwise transfer all or any portion of such funds
to another such entity in exchange for any other funds,
credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act:
Provided further, That notwithstanding section 105(e)(1) of
the Act, no funds provided under this heading may be provided
to a for-profit entity for an economic development project
under section 105(a)(17) unless such project has been
evaluated and selected in accordance with guidelines required
under subsection (e)(2): Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further,
That of the total amount provided under this heading,
$65,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section
203 of this Act), up to $4,000,000 may be used for
emergencies that constitute imminent threats to health and
safety.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2018, commitments to guarantee loans
under section 108 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5308), any part of which is
guaranteed, shall not exceed a total principal amount of
$300,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in subsection (k) of such
section 108: Provided, That the Secretary shall collect fees
from borrowers, notwithstanding subsection (m) of such
section 108, to result in a credit subsidy cost of zero for
guaranteeing such loans, and any such fees shall be collected
in accordance with section 502(7) of the Congressional Budget
Act of 1974.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,362,000,000, to remain available
until September 30, 2021: Provided, That notwithstanding the
amount made available under this heading, the threshold
reduction requirements in sections 216(10) and 217(b)(4) of
such Act shall not apply to allocations of such amount:
Provided further, That the Department shall notify grantees
of their formula allocation within 60 days of enactment of
this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$50,000,000, to remain available until September 30, 2020:
Provided, That of the total amount provided under this
heading, $10,000,000 shall be made available to the Self-Help
Homeownership Opportunity Program as authorized under section
11 of the Housing Opportunity Program Extension Act of 1996,
as amended: Provided further, That of the total amount
provided under this heading, $35,000,000 shall be made
available for the second, third, and fourth capacity building
activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 shall be made available for rural
capacity building activities: Provided further, That of the
total amount provided under this heading, $5,000,000 shall be
made available for capacity building by national rural
housing organizations with experience assessing national
rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits,
local governments, and Indian Tribes serving high need rural
communities: Provided further, That an additional
$4,000,000, to remain available until expended, shall be for
a program to rehabilitate and modify homes of disabled or
low-income veterans, as authorized under section 1079 of
Public Law 113-291.
homeless assistance grants
For the Emergency Solutions Grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the Continuum of Care program as
authorized under subtitle C of title IV of such Act; and the
Rural Housing Stability Assistance program as authorized
under subtitle D of title IV of such Act, $2,513,000,000, to
remain available until September 30, 2020: Provided, That
any rental assistance amounts that are recaptured under such
Continuum of Care program shall remain available until
expended: Provided further, That not less than $270,000,000
of the funds appropriated under this heading shall be
available for such Emergency Solutions Grants program:
Provided further, That not less than $2,106,000,000 of the
funds appropriated under this heading shall be available for
such Continuum of Care and Rural Housing Stability Assistance
programs: Provided further, That of the amounts made
available under this heading, up to $50,000,000 shall be made
available for grants for rapid re-housing projects and
supportive service projects providing coordinated entry, and
for eligible activities the Secretary determines to be
critical in order to assist survivors of domestic violence,
dating violence, and stalking: Provided further, That such
projects shall be eligible for renewal under the continuum of
care program subject to the same terms and conditions as
other renewal applicants: Provided further, That up to
$7,000,000 of the funds appropriated under this heading shall
be available for the national homeless data analysis project:
Provided further, That all funds awarded for supportive
services under the Continuum of Care program and the Rural
Housing Stability Assistance program shall be matched by not
less than 25 percent in cash or in kind by each grantee:
Provided further, That for all match requirements applicable
to funds made available under this heading for this fiscal
year and prior years, a grantee may use (or could have used)
as a source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was)
a specific statutory prohibition on any such use of any such
funds: Provided further, That the Secretary shall collect
system performance measures for each continuum of care, and
that relative to fiscal year 2015, under the Continuum of
Care competition with respect to funds made available under
this heading, the Secretary shall base an increasing share of
the score on performance criteria: Provided further, That
none of the funds provided under this heading shall be
available to provide funding for new projects, except for
projects created through reallocation, unless the Secretary
determines that the continuum of care has demonstrated that
projects are evaluated and ranked based on the degree to
which they improve the continuum of care's system
performance: Provided further, That the Secretary shall
prioritize funding under the Continuum of Care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That all awards of
assistance under this heading shall be required to coordinate
and integrate homeless programs with other mainstream health,
social services, and employment programs for which homeless
populations may be eligible: Provided further, That any
unobligated amounts remaining from funds appropriated under
this heading in fiscal year 2012 and prior years for project-
based rental assistance for rehabilitation projects with 10-
year grant terms may be
[[Page H1961]]
used for purposes under this heading, notwithstanding the
purposes for which such funds were appropriated: Provided
further, That all balances for Shelter Plus Care renewals
previously funded from the Shelter Plus Care Renewal account
and transferred to this account shall be available, if
recaptured, for Continuum of Care renewals in fiscal year
2018: Provided further, That the Department shall notify
grantees of their formula allocation from amounts allocated
(which may represent initial or final amounts allocated) for
the Emergency Solutions Grant program within 60 days of
enactment of this Act: Provided further, That up to
$80,000,000 of the funds appropriated under this heading
shall be to implement projects to demonstrate how a
comprehensive approach to serving homeless youth, age 24 and
under, in up to 25 communities, including at least eight
communities with substantial rural populations, can
dramatically reduce youth homelessness: Provided further,
That of the amount made available under the previous proviso,
up to $5,000,000 shall be available to provide technical
assistance on youth homelessness, and collection, analysis,
and reporting of data and performance measures under the
comprehensive approaches to serve homeless youth, in addition
to and in coordination with other technical assistance funds
provided under this title: Provided further, That such
projects shall be eligible for renewal under the continuum of
care program subject to the same terms and conditions as
other renewal applicants: Provided further, That youth aged
24 and under seeking assistance under this heading shall not
be required to provide third party documentation to establish
their eligibility under 42 U.S.C. 11302(a) or (b) to receive
services: Provided further, That unaccompanied youth aged 24
and under or families headed by youth aged 24 and under who
are living in unsafe situations may be served by youth-
serving providers funded under this heading.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $11,115,000,000, to remain available until
expended, shall be available on October 1, 2017 (in addition
to the $400,000,000 previously appropriated under this
heading that became available October 1, 2017), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2018: Provided, That the amounts
made available under this heading shall be available for
expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this paragraph: Provided further,
That of the total amounts provided under this heading, not to
exceed $285,000,000 shall be available for performance-based
contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary of Housing and Urban Development
may also use such amounts in the previous proviso for
performance-based contract administrators for the
administration of: interest reduction payments pursuant to
section 236(a) of the National Housing Act (12 U.S.C. 1715z-
1(a)); rent supplement payments pursuant to section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s); section 236(f)(2) rental assistance payments (12
U.S.C. 1715z-1(f)(2)); project rental assistance contracts
for the elderly under section 202(c)(2) of the Housing Act of
1959 (12 U.S.C. 1701q); project rental assistance contracts
for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project
assistance contracts pursuant to section 202(h) of the
Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); and
loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts
recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary of Housing and
Urban Development, project funds that are held in residual
receipts accounts for any project subject to a section 8
project-based Housing Assistance Payments contract that
authorizes HUD or a Housing Finance Agency to require that
surplus project funds be deposited in an interest-bearing
residual receipts account and that are in excess of an amount
to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available
until expended: Provided further, That amounts deposited
pursuant to the previous proviso shall be available in
addition to the amount otherwise provided by this heading for
uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, and
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for senior
preservation rental assistance contracts, including renewals,
as authorized by section 811(e) of the American Housing and
Economic Opportunity Act of 2000, as amended, and for
supportive services associated with the housing, $678,000,000
to remain available until September 30, 2021, of which
$105,000,000 shall be for capital advance and project-based
rental assistance awards: Provided, That of the amount
provided under this heading, up to $90,000,000 shall be for
service coordinators and the continuation of existing
congregate service grants for residents of assisted housing
projects: Provided further, That amounts under this heading
shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with
section 202 projects: Provided further, That the Secretary
may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the
initial contract term for such assistance shall not exceed 5
years in duration: Provided further, That upon request of
the Secretary of Housing and Urban Development, project funds
that are held in residual receipts accounts for any project
subject to a section 202 project rental assistance contract,
and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be
remitted to the Department and deposited in this account, to
be available until September 30, 2021: Provided further,
That amounts deposited in this account pursuant to the
previous proviso shall be available, in addition to the
amounts otherwise provided by this heading, for amendments
and renewals: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
available for amendments and renewals notwithstanding the
purposes for which such funds originally were appropriated.
housing for persons with disabilities
For capital advances, including amendments to capital
advance contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013), as
amended, and for project rental assistance for supportive
housing for persons with disabilities under section 811(d)(2)
of such Act and for project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372;
73 Stat. 667), including amendments to contracts for such
assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, for project rental
assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of
the Cranston-Gonzalez National Housing Act, and for
supportive services associated with the housing for persons
with disabilities as authorized by section 811(b)(1) of such
Act, $229,600,000, to remain available until September 30,
2021, of which $82,600,000 shall be for capital advance and
project rental assistance awards: Provided, That amounts
made available under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related
activities associated with section 811 projects: Provided
further, That, in this fiscal year, upon the request of the
Secretary of Housing and Urban Development, project funds
that are held in residual receipts accounts for any project
subject to a section 811 project rental assistance contract
and that upon termination of such contract are in excess of
an amount to be determined by the Secretary shall be remitted
to the Department and deposited in this account, to be
available until September 30, 2021: Provided further, That
amounts deposited in this account pursuant to the previous
proviso shall be available in addition to the amounts
otherwise provided by this heading for amendments and
renewals: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
used for amendments and renewals notwithstanding the purposes
for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $55,000,000, to
remain available until September 30, 2019, including up to
$4,500,000 for administrative contract services: Provided,
That grants made available from amounts provided under this
heading shall be awarded within 180 days of enactment of this
Act: Provided further, That funds shall be used for
providing counseling and advice to tenants and homeowners,
both current and prospective, with respect to property
maintenance, financial management or literacy, and such other
matters as may be appropriate to assist them in improving
their housing conditions, meeting their
[[Page H1962]]
financial needs, and fulfilling the responsibilities of
tenancy or homeownership; for program administration; and for
housing counselor training: Provided further, That for
purposes of providing such grants from amounts provided under
this heading, the Secretary may enter into multiyear
agreements, as appropriate, subject to the availability of
annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, noninsured rental housing projects,
$14,000,000, to remain available until expended: Provided,
That such amount, together with unobligated balances from
recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover,
remaining from funds appropriated under this heading after
fiscal year 2005, shall also be available for extensions of
up to one year for expiring contracts under such sections of
law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $11,000,000, to remain
available until expended, of which $11,000,000 is to be
derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading
from the general fund shall be reduced as such collections
are received during fiscal year 2018 so as to result in a
final fiscal year 2018 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620
shall be modified as necessary to ensure such a final fiscal
year 2018 appropriation: Provided further, That for the
dispute resolution and installation programs, the Secretary
of Housing and Urban Development may assess and collect fees
from any program participant: Provided further, That such
collections shall be deposited into the Fund, and the
Secretary, as provided herein, may use such collections, as
well as fees collected under section 620, for necessary
expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act,
the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2019: Provided, That during fiscal year 2018, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$5,000,000: Provided further, That the foregoing amount in
the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain
available until September 30, 2019: Provided further, That
to the extent guaranteed loan commitments exceed
$200,000,000,000 on or before April 1, 2018, an additional
$1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by
this proviso exceed $30,000,000: Provided further, That
during fiscal year 2018 the Secretary may insure and enter
into new commitments to insure mortgages under section 255 of
the National Housing Act only to the extent that the net
credit subsidy cost for such insurance does not exceed zero:
Provided further, That for fiscal years 2018 and 2019, the
Secretary shall not take any action against a lender solely
on the basis of compare ratios that have been adversely
affected by defaults on mortgages secured by properties in
areas where a major disaster was declared in 2017 or 2018
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $30,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2019: Provided, That
during fiscal year 2018, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $5,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until September 30,
2019: Provided, That $27,000,000 shall be available for
necessary salaries and expenses of the Office of Government
National Mortgage Association: Provided further, That to the
extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2018, an additional
$100 for necessary salaries and expenses shall be available
until expended for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available
by this proviso exceed $3,000,000: Provided further, That
receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as
amended, shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for
technical assistance, $89,000,000, to remain available until
September 30, 2019: Provided, That with respect to amounts
made available under this heading, notwithstanding section
203 of this title, the Secretary may enter into cooperative
agreements funded with philanthropic entities, other Federal
agencies, State or local governments and their agencies, or
colleges or universities for research projects: Provided
further, That with respect to the previous proviso, such
partners to the cooperative agreements must contribute at
least a 50 percent match toward the cost of the project:
Provided further, That for non-competitive agreements entered
into in accordance with the previous two provisos, the
Secretary of Housing and Urban Development shall comply with
section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note)
in lieu of compliance with section 102(a)(4)(C) with respect
to documentation of award decisions: Provided further, That
prior to obligation of technical assistance funding, the
Secretary shall submit a plan, for approval, to the House and
Senate Committees on Appropriations on how it will allocate
funding for this activity: Provided further, That none of
the funds provided under this heading may be available for
the doctoral dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $65,300,000, to remain
available until September 30, 2019: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such training:
Provided further, That no funds made available under this
heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a
specific contract, grant, or loan: Provided further, That of
the funds made available under this heading, $300,000 shall
be available to the Secretary of Housing and Urban
Development for the creation and promotion of translated
materials and other programs that support the assistance of
persons with limited English proficiency in utilizing the
services provided by the Department of Housing and Urban
Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $230,000,000, to remain available
until September 30, 2019, of which $45,000,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970, that
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of the law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to
be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further,
[[Page H1963]]
That not less than $95,000,000 of the amounts made available
under this heading for the award of grants pursuant to
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 shall be provided to areas with the
highest lead-based paint abatement needs: Provided further,
That each applicant shall certify adequate capacity that is
acceptable to the Secretary to carry out the proposed use of
funds pursuant to a notice of funding availability: Provided
further, That amounts made available under this heading in
this or prior appropriations Acts, and that still remain
available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were
appropriated if a program competition is undersubscribed and
there are other program competitions under this heading that
are oversubscribed.
Information Technology Fund
For the development of, modifications to, and
infrastructure for Department-wide and program-specific
information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific
information systems, and for program-related maintenance
activities, $267,000,000, of which $250,000,000 shall remain
available until September 30, 2019, and of which $17,000,000
shall remain available until September 30, 2020: Provided,
That any amounts transferred to this Fund under this Act
shall remain available until expended: Provided further,
That any amounts transferred to this Fund from amounts
appropriated by previously enacted appropriations Acts may be
used for the purposes specified under this Fund, in addition
to any other information technology purposes for which such
amounts were appropriated: Provided further, That not more
than 10 percent of the funds made available under this
heading for development, modernization and enhancement may be
obligated until the Secretary submits to the House and Senate
Committees on Appropriations, for approval, a plan for
expenditure that--(A) identifies for each modernization
project: (i) the functional and performance capabilities to
be delivered and the mission benefits to be realized, (ii)
the estimated life-cycle cost, and (iii) key milestones to be
met; and (B) demonstrates that each modernization project is:
(i) compliant with the Department's enterprise architecture,
(ii) being managed in accordance with applicable life-cycle
management policies and guidance, (iii) subject to the
Department's capital planning and investment control
requirements, and (iv) supported by an adequately staffed
project office.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $128,082,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2018 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a nonfrivolous legal action, that is
engaged in solely for the purpose of achieving or preventing
action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2018
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 207. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 208. The President's formal budget request for fiscal
year 2019, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical
account and sub-account structure provided under this Act.
Sec. 209. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 210. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2018 and 2019, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
[[Page H1964]]
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent
that appropriations are provided in advance for the amount of
any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial
conditions, and long-term preservation of the affected
properties.
Sec. 211. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that
individual, except for a person over the age of 23 with
dependent children.
Sec. 212. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 213. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
Development may, until September 30, 2018, insure and enter
into commitments to insure mortgages under such section 255.
Sec. 214. Notwithstanding any other provision of law, in
fiscal year 2018, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the
Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary
may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition
of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall
be subject to the requirements under section 524 of MAHRAA.
Sec. 215. The commitment authority funded by fees as
provided under the heading ``Community Development Loan
Guarantees Program Account'' may be used to guarantee, or
make commitments to guarantee, notes, or other obligations
issued by any State on behalf of non-entitlement communities
in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974:
Provided, That any State receiving such a guarantee or
commitment shall distribute all funds subject to such
guarantee to the units of general local government in non-
entitlement areas that received the commitment.
Sec. 216. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 217. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under
section 9(d) for activities that are eligible under section
9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or
9(g)(2).
Sec. 218. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD sub-office under the
accounts ``Executive Offices'' and ``Administrative Support
Offices,'' as well as each account receiving appropriations
for ``Program Office Salaries and Expenses'', ``Government
National Mortgage Association--Guarantees of Mortgage-Backed
Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and
Urban Development.
Sec. 219. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2018, notify the
public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the
availability of assistance or notice of funding availability
(NOFA) for any program or discretionary fund administered by
the Secretary that is to be competitively
[[Page H1965]]
awarded. Notwithstanding any other provision of law, for
fiscal year 2018, the Secretary may make the NOFA available
only on the Internet at the appropriate Government web site
or through other electronic media, as determined by the
Secretary.
Sec. 220. Payment of attorney fees in program-related
litigation shall be paid from the individual program office
and Office of General Counsel salaries and expenses
appropriations. The annual budget submission for the program
offices and the Office of General Counsel shall include any
such projected litigation costs for attorney fees as a
separate line item request. No funds provided in this title
may be used to pay any such litigation costs for attorney
fees until the Department submits for review a spending plan
for such costs to the House and Senate Committees on
Appropriations.
Sec. 221. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds
appropriated for any office under the heading
``Administrative Support Offices'' or for any account under
the general heading ``Program Office Salaries and Expenses''
to any other such office or account: Provided, That no
appropriation for any such office or account shall be
increased or decreased by more than 10 percent or $5,000,000,
whichever is less, without prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That the Secretary shall provide notification to
such Committees three business days in advance of any such
transfers under this section up to 10 percent or $5,000,000,
whichever is less.
Sec. 222. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary
conditions, as determined by the Secretary of Housing and
Urban Development (in this section referred to as the
``Secretary''), and comply with any standards under
applicable State or local laws, rules, ordinances, or
regulations relating to the physical condition of any
property covered under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c)
when a multifamily housing project with a section 8 contract
or contract for similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies
identified by the inspector at the project have been
corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but do not apply to such units assisted under section
8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units
assisted with capital or operating funds under section 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC
inspection, the Secretary must provide the owner with a
Notice of Default with a specified timetable, determined by
the Secretary, for correcting all deficiencies. The Secretary
must also provide a copy of the Notice of Default to the
tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a
UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall also take appropriate steps to
ensure that project-based contracts remain in effect, subject
to the exercise of contractual abatement remedies to assist
relocation of tenants for major threats to health and safety
after written notice to the affected tenants. To the extent
the Secretary determines, in consultation with the tenants
and the local government, that the property is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance.
(e) The Secretary shall report quarterly on all properties
covered by this section that are assessed through the Real
Estate Assessment Center and have UPCS physical inspection
scores of less than 60 or have received an unsatisfactory
management and occupancy review within the past 36 months.
The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be due to the Senate and House Committees
on Appropriations no later than 30 days after the enactment
of this Act, and on the first business day of each Federal
fiscal year quarter thereafter while this section remains in
effect.
Sec. 223. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program)
and section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), may be used by any public housing
agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or
employee of which, that exceeds the annual rate of basic pay
payable for a position at level IV of the Executive Schedule
at any time during any public housing agency fiscal year
2018.
Sec. 224. Notwithstanding section 24(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437v(o)), the
Secretary of Housing and Urban Development may, until
September 30, 2018, obligate any available unobligated
balances made available under the heading ``Choice
Neighborhoods Initiative'' in this Act or any prior Act.
Sec. 225. None of the funds in this Act provided to the
Department of Housing and Urban Development may be used to
make a grant award unless the Secretary notifies the House
and Senate Committees on Appropriations not less than 3 full
business days before any project, State, locality, housing
authority, tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the
Department or its offices.
Sec. 226. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment
(PNA).
Sec. 227. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Administration, or the
Department of Housing and Urban Development to insure,
securitize, or establish a Federal guarantee of any mortgage
or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any
other political subdivision of a State.
Sec. 228. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 229. Amounts made available under this Act which are
either appropriated, allocated, advanced on a reimbursable
basis, or transferred to the Office of Policy Development and
Research in the Department of Housing and Urban Development
and functions thereof, for research, evaluation, or
statistical purposes, and which are unexpended at the time of
completion of a contract, grant, or cooperative agreement,
may be deobligated and shall immediately become available and
may be reobligated in that fiscal year or the subsequent
fiscal year for the research, evaluation, or statistical
purposes for which the amounts are made available to that
Office subject to reprogramming requirements in section 405
of this Act.
Sec. 230. None of the funds provided in this Act or any
other act may be used for awards, including performance,
special act, or spot, for any employee of the Department of
Housing and Urban Development who has been subject to
administrative discipline in fiscal years 2017 or 2018,
including suspension from work.
Sec. 231. Funds made available in this title under the
heading ``Homeless Assistance Grants'' may be used by the
Secretary to participate in Performance Partnership Pilots
authorized under section 526 of division H of Public Law 113-
76, section 524 of division G of Public Law 113-235, section
525 of division H of Public Law 114-113, and such authorities
as are enacted for Performance Partnership Pilots in an
appropriations Act
[[Page H1966]]
for fiscal year 2018: Provided, That such participation
shall be limited to no more than 10 continuums of care and
housing activities to improve outcomes for disconnected
youth.
Sec. 232. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015,
2016, 2017, and 2018 for the continuum of care (CoC) program
as authorized under subtitle C of title IV of the McKinney-
Vento Homeless Assistance Act, costs paid by program income
of grant recipients may count toward meeting the recipient's
matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 233. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the
Secretary may award 1-year transition grants to recipients of
funds for activities under subtitle C of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) to
transition from one Continuum of Care program component to
another.
(b) No more than 50 percent of each transition grant may be
used for costs of eligible activities of the program
component originally funded.
(c) Transition grants made under this section are eligible
for renewal in subsequent fiscal years for the eligible
activities of the new program component.
(d) In order to be eligible to receive a transition grant,
the funding recipient must have the consent of the Continuum
of Care and meet standards determined by the Secretary.
Sec. 234. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development to
direct a grantee to undertake specific changes to existing
zoning laws as part of carrying out the final rule entitled
``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272
(July 16, 2015)) or the notice entitled ``Affirmatively
Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949
(September 26, 2014)).
Sec. 235. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply
with respect to the right of a jurisdiction to draw funds
from its HOME Investment Trust Fund that otherwise expired or
would expire in 2016, 2017, 2018, 2019, or 2020 under that
section.
Sec. 236. Section 579 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note)
is amended by striking ``October 1, 2017'' each place it
appears and inserting in lieu thereof ``October 1, 2022''.
Sec. 237. The language under the heading ``Rental
Assistance Demonstration'' in the Department of Housing and
Urban Development Appropriations Act, 2012 (Public Law 112-
55), as amended by Public Law 113-76, Public Law 113-235,
Public Law 114-113, and Public Law 115-31, is amended--
(1) in the second proviso, by striking ``September 30,
2020'' and inserting ``September 30, 2024'';
(2) in the matter preceding the first proviso, by inserting
the following before the colon: ``(herein the 'First
Component')'';
(3) in the fourth proviso, by striking ``225,000'' and
inserting ``455,000'';
(4) in the fourteenth proviso, by--
(A) inserting ``or nonprofit'' before ``entity, then a
capable entity,''; and
(B) striking ``preserves its interest'' and inserting ``or
a nonprofit entity preserves an interest'';
(5) in the eighteenth proviso, by--
(A) inserting ``or with a project rental assistance
contract under section 202(c)(2) of the Housing Act of
1959,'' after ``section 8(o) of the Act,'';
(B) inserting ``the subordination, restructuring, or both,
of any capital advance documentation, including any note,
mortgage, use agreement or other agreements, evidencing or
securing a capital advance previously provided by the
Secretary under section 202(c)(1) of the Housing Act of 1959
as necessary to facilitate the conversion of assistance while
maintaining the affordability period and the designation of
the property as serving elderly persons, and,'' following
``including but not limited to'';
(C) inserting ``or assistance contracts'' after ``for such
vouchers'';
(D) striking ``of Housing and Urban Development'' after
``Secretary''; and
(E) inserting the following before the colon: ``(herein the
'Second Component')'';
(6) by inserting the following provisos after the
eighteenth proviso:
``Provided further, That contracts provided to properties
converting assistance from section 101 of the Housing and
Urban Development Act of 1965 or section 236(f)(2) of the
National Housing Act located in high-cost areas shall have
initial rents set at comparable market rents for the market
area: Provided further, That conversions of assistance under
the Second Component may not be the basis for re-screening or
termination of assistance or eviction of any tenant family in
a property participating in the demonstration and such a
family shall not be considered a new admission for any
purpose, including compliance with income targeting:'';
(7) in the twenty-first proviso, as reordered above, by
striking ``the previous proviso'' and all that follows
through the end of the proviso and inserting ``the Second
Component, except for conversion of section 202 project
rental assistance contracts, shall be available for project-
based subsidy contracts entered into pursuant to the Second
Component:'';
(8) in the twenty-second proviso, as reordered above, by
striking ``the previous two provisos'' and inserting ``the
Second Component, except for conversion of section 202
project rental assistance contracts,'';
(9) in the twenty-third proviso, as reordered above, by
striking ``the three previous provisos'' and inserting ``the
Second Component, except for conversion of section 202
project rental assistance contracts,''; and
(10) by inserting the following proviso before the final
proviso:
``Provided further, That the Secretary may transfer amounts
made available under the heading `Housing for the Elderly' to
the accounts under the headings `Project-Based Rental
Assistance' or `Tenant-Based Rental Assistance' to facilitate
any section 202 project rental assistance contract
conversions under the Second Component, and any increase in
cost for `Project-Based Rental Assistance' or `Tenant-Based
Rental Assistance' associated with such conversion shall be
equal to amounts so transferred:''.
Sec. 238. None of the funds made available under this Act
may be used to interfere with State and local inspections of
public housing dwelling units.
Sec. 239. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such
designations, made by the Secretary of Housing and Urban
Development in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 240. Section 153 of the Continuing Appropriations
Act, 2018 (as added by section 2001(2) of Public Law 115-120)
is repealed.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2018''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$8,190,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 307), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902,
$27,490,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $23,274,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts
and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the
President's budget request for fiscal year 2018, the
Inspector General shall submit to the House and Senate
Committees on Appropriations a budget request for fiscal year
2018 in similar format and substance to those submitted by
executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902),
$110,400,000, of which not to exceed $2,000 may be used for
official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital
lease.
[[Page H1967]]
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $140,000,000, of which $5,000,000
shall be for a multi-family rental housing program.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2018, to result in a final appropriation from the
general fund estimated at no more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,600,000: Provided, That title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311 et seq.) is amended
by striking ``October 1, 2018'' in section 209 and inserting
``October 1, 2020''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
(including rescissions)
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2018, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in the budget
appendix for the respective appropriation; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2018 from
appropriations made available for salaries and expenses for
fiscal year 2018 in this Act, shall remain available through
September 30, 2019, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownfields as defined in the Small Business Liability Relief
and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 411. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 414. None of the funds made available in this Act may
be used to send or otherwise
[[Page H1968]]
pay for the attendance of more than 50 employees of a single
agency or department of the United States Government, who are
stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House
and Senate Committees on Appropriations at least 5 days in
advance that such attendance is important to the national
interest: Provided, That for purposes of this section the
term ``international conference'' shall mean a conference
occurring outside of the United States attended by
representatives of the United States Government and of
foreign governments, international organizations, or
nongovernmental organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United
States Code.
Sec. 416. None of the funds made available by this Act may
be used by the Department of Transportation, the Department
of Housing and Urban Development, or any other Federal agency
to lease or purchase new light duty vehicles for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum--Federal Fleet
Performance, dated May 24, 2011.
Sec. 417. (a) All unobligated balances, including
recaptures and carryover, remaining from funds appropriated
in division K of Public Law 115-31 for ``Department of
Transportation-Office of the Secretary-Salaries and
Expenses'', ``Department of Transportation-Office of the
Secretary-Office of Civil Rights'', ``Department of
Transportation-Office of the Secretary-Small and
Disadvantaged Business Utilization and Outreach'',
``Department of Transportation-Federal Transit
Administration-Administrative Expenses'', ``Department of
Transportation-Pipeline and Hazardous Materials Safety
Administration-Operational Expenses'', ``Access Board-
Salaries and Expenses'', ``Federal Maritime Commission-
Salaries and Expenses'', ``National Railroad Passenger
Corporation-Office of Inspector General-Salaries and
Expenses'', ``National Transportation Safety Board-Salaries
and Expenses'', and ``United States Interagency Council on
Homelessness-Operating Expenses'' are rescinded.
(b) All unobligated balances, including recaptures and
carryover, remaining from funds appropriated in division K of
Public Law 115-31 for accounts under the headings
``Department of Housing and Urban Development-Management and
Administration'' and ``Department of Housing and Urban
Development-Program Office Salaries and Expenses'' are
rescinded.
Sec. 418. (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. 419. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 420. (a) Terminal Aerodrome Forecast.--The
Administrator shall permit an air carrier operation under
part 121 of title 14, Code of Federal Regulations, to operate
to a destination determined to be under visual flight rules
without a Terminal Aerodrome Forecast or Meteorological
Aerodrome Report if a current Area Forecast, supplemented by
other local weather observations or reports, is available,
and an alternate airport that has an available Terminal
Aerodome Forecast and weather report is specified. The air
carrier shall have approved procedures for dispatch and
enroute weather evaluation and shall operate under instrument
flight rules enroute to the destination.
(b) Limitation.--Without a written finding of necessity,
based on objective and historical evidence of imminent threat
to safety, the Administrator shall not promulgate any
operation specification, policy, or guidance document that is
more restrictive than, or requires procedures that are not
expressly stated in, the regulations.
Sec. 421. Section 149(m) of title 23, United States Code,
is amended by adding ``or on a State-Supported Amtrak route
with a valid cost-sharing agreement under section 209 of the
Passenger Rail Investment and Improvement Act of 2008 and no
current nonattainment areas under subsection (d),'' after
``2012,''.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2018''.
DIVISION M--EXTENSIONS
TITLE I--AIRPORT AND AIRWAY EXTENSION ACT OF 2018
SECTION 1. SHORT TITLE.
This title may be cited as the ``Airport and Airway
Extension Act of 2018''.
Subtitle A--Federal Aviation Programs
SEC. 101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103(a) of
title 49, United States Code, is amended by striking ``2012''
and all that follows through the period at the end and
inserting ``2012 through 2018.''.
(b) Project Grant Authority.--Section 47104(c) of title 49,
United States Code, is amended in the matter preceding
paragraph (1) by striking ``March 31, 2018,'' and inserting
``September 30, 2018,''.
SEC. 102. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 47107(r)(3) of title 49, United States Code, is
amended by striking ``April 1, 2018'' and inserting ``October
1, 2018''.
(b) Section 47115(j) of title 49, United States Code, is
amended by striking ``2017 and for the period beginning on
October 1, 2017, and ending on March 31, 2018'' and inserting
``2018''.
(c) Section 47124(b)(3)(E) of title 49, United States Code,
is amended by striking ``2012'' and all that follows through
``2018,'' and inserting ``2012 through 2018''.
(d) Section 47141(f) of title 49, United States Code, is
amended by striking ``March 31, 2018'' and inserting
``September 30, 2018''.
(e) Section 186(d) of the Vision 100-Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended by striking
``2017 and for the period beginning on October 1, 2017, and
ending on March 31, 2018,'' and inserting ``2018''.
(f) Section 409(d) of the Vision 100-Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by
striking ``March 31, 2018'' and inserting ``September 30,
2018''.
(g) Section 411(h) of the FAA Modernization and Reform Act
of 2012 (49 U.S.C. 42301 prec. note) is amended by striking
``March 31, 2018'' and inserting ``September 30, 2018''.
(h) Section 822(k) of the FAA Modernization and Reform Act
of 2012 (49 U.S.C. 47141 note) is amended by striking ``March
31, 2018'' and inserting ``September 30, 2018''.
(i) Section 2306(b) of the FAA Extension, Safety, and
Security Act of 2016 (130 Stat. 641) is amended by striking
``April 1, 2018'' and inserting ``October 1, 2018''.
SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k) of title 49, United States Code, is
amended--
(1) in paragraph (1) by striking subparagraph (F) and
inserting the following:
``(F) $10,025,852,000 for fiscal year 2018.''; and
(2) in paragraph (3) by striking ``2017 and for the period
beginning on October 1, 2017, and ending on March 31, 2018''
and inserting ``2018''.
SEC. 104. SMALL COMMUNITY AIR SERVICE.
(a) Essential Air Service Authorization.--Section
41742(a)(2) of title 49, United States Code, is amended by
striking ``2016'' and all that follows through ``2018,'' and
inserting ``2016 and 2017, and $150,000,000 for fiscal year
2018''.
(b) Airports Not Receiving Sufficient Service.--Section
41743(e)(2) of title 49, United States Code, is amended by
striking ``2012'' and all that follows through ``2018,'' and
inserting ``2012 through 2017 and $10,000,000 for fiscal year
2018''.
SEC. 105. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a) of title 49, United States Code, is
amended--
(1) in paragraph (5) by striking ``2016 and 2017'' and
inserting ``2016 through 2018''; and
(2) by striking paragraph (6).
SEC. 106. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a)(10) of title 49, United States Code, is
amended to read as follows:
``(10) $176,500,000 for fiscal year 2018.''.
SEC. 107. FUNDING FOR AVIATION PROGRAMS.
The budget authority authorized in this title, including
the amendments made by this title, shall be deemed to satisfy
the requirements of subsections (a)(1)(B) and (a)(2) of
section 48114 of title 49, United States Code, for fiscal
year 2018.
SEC. 108. CONTROLLER HIRING.
Section 44506(f) of title 49, United States Code, is
amended--
(1) in paragraph (1) by adding at the end the following:
``(C) Special rule.--
``(i) In general.--Notwithstanding subparagraph (B), after
giving preferential consideration to applicants under
subparagraph (A) and if, after consulting with the labor
organization recognized as the exclusive representative of
air traffic controllers under section 7111 of title 5, the
Administrator determines there are unique circumstances
affecting a covered facility that warrant a vacancy
announcement with a limited area of
[[Page H1969]]
consideration, the Administrator may consider applicants for
the position of air traffic controller who apply under a
vacancy announcement recruiting from the local commuting area
for that covered facility.
``(ii) Biographical assessments.--The Administrator shall
not use any biographical assessment with respect to an
applicant under this subparagraph who would otherwise qualify
as a Pool 1 applicant under subparagraph (B)(ii).
``(iii) Covered facility defined.--In this subparagraph the
term `covered facility' means a radar facility with at least
1,000,000 operations annually that is located in a
metropolitan statistical area (as defined by the Office of
Management and Budget) with a population estimate by the
Bureau of the Census of more than 15,000,000 (as of July 1,
2016).''; and
(2) in paragraph (3)--
(A) by inserting ``except for individuals covered by the
program described in paragraph (4),'' after ``section 3307 of
title 5,''; and
(B) by adding at the end the following:
``(4) Retired military controllers.--The Administrator may
establish a program to provide an original appointment to a
position as an air traffic controller for individuals who--
``(A) are on terminal leave pending retirement from active
duty military service or have retired from active duty
military service within 5 years of applying for the
appointment; and
``(B) have held either an air traffic certification or air
traffic control facility rating according to Administration
standards within 5 years of applying for the appointment.''.
Subtitle B--Aviation Revenue Provisions
SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST
FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue
Code of 1986 is amended--
(1) in the matter preceding subparagraph (A) by striking
``April 1, 2018'' and inserting ``October 1, 2018''; and
(2) in subparagraph (A) by striking the semicolon at the
end and inserting ``or the Airport and Airway Extension Act
of 2018;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code
is amended by striking ``April 1, 2018'' and inserting
``October 1, 2018''.
SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST
FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal
Revenue Code of 1986 is amended by striking ``March 31,
2018'' and inserting ``September 30, 2018''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ``March 31, 2018'' and inserting
``September 30, 2018''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``March 31, 2018'' and inserting
``September 30, 2018''.
(c) Fractional Ownership Programs.--
(1) Treatment as noncommercial aviation.--Section 4083(b)
of such Code is amended by striking ``April 1, 2018'' and
inserting ``October 1, 2018''.
(2) Exemption from ticket taxes.--Section 4261(j) of such
Code is amended by striking ``March 31, 2018'' and inserting
``September 30, 2018''.
TITLE II--IMMIGRATION EXTENSIONS
Sec. 201. Section 401(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) shall be applied by substituting ``September 30, 2018''
for ``September 30, 2015''.
Sec. 202. Subclauses 101(a)(27)(C)(ii)(II) and (III) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(C)(ii)(II) and (III)) shall be applied by
substituting ``September 30, 2018'' for ``September 30,
2015''.
Sec. 203. Section 220(c) of the Immigration and
Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182
note) shall be applied by substituting ``September 30, 2018''
for ``September 30, 2015''.
Sec. 204. Section 610(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be
applied by substituting ``September 30, 2018'' for
``September 30, 2015''.
Sec. 205. Notwithstanding the numerical limitation set
forth in section 214(g)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of
Homeland Security, after consultation with the Secretary of
Labor, and upon the determination that the needs of American
businesses cannot be satisfied in fiscal year 2018 with
United States workers who are willing, qualified, and able to
perform temporary nonagricultural labor, may increase the
total number of aliens who may receive a visa under section
101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) in such fiscal year above such
limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker
program in any fiscal year in which returning workers were
exempt from such numerical limitation.
TITLE III--NATIONAL FLOOD INSURANCE PROGRAM EXTENSION
Sec. 301. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be
applied by substituting ``July 31, 2018'' for ``September 30,
2017''.
TITLE IV--PESTICIDE REGISTRATION IMPROVEMENT ACT EXTENSION
Sec. 401. (a) The following sections of the Federal
Insecticide, Fungicide, and Rodenticide Act shall continue in
effect through September 30, 2018--
(1) subparagraphs (C) through (E) of section 4(i)(1) (7
U.S.C. 136a-1(i)(1)(C)-(E));
(2) section 4(k)(3) (7 U.S.C. 136a-1(k)(3));
(3) section 4(k)(4) (7 U.S.C. 136a-1(k)(4)); and
(4) section 33(c)(3)(B) (7 U.S.C. 136w-8(c)(3)(B)).
(b)(1) Section 4(i)(1)(I) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(1)(I))
shall be applied by substituting ``September 30, 2018'' for
``September 30, 2017''.
(2) Notwithstanding section 33(m)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
8(m)(2)), section 33(m)(1) of such Act (7 U.S.C. 136w-
8(m)(1)) shall be applied by substituting ``September 30,
2018'' for ``September 30, 2017''.
(c) Section 408(m)(3) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied by
substituting ``September 30, 2018'' for ``September 30,
2017''.
TITLE V--GENERALIZED SYSTEM OF PREFERENCES
SEC. 501. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.
(a) In General.--Section 505 of the Trade Act of 1974 (19
U.S.C. 2465) is amended by striking ``December 31, 2017'' and
inserting ``December 31, 2020''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to articles entered on or after the 30th day after the
date of the enactment of this Act.
(2) Retroactive application for certain liquidations and
reliquidations.--
(A) In general.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law
and subject to subparagraph (B), any entry of a covered
article to which duty-free treatment or other preferential
treatment under title V of the Trade Act of 1974 (19 U.S.C.
2461 et seq.) would have applied if the entry had been made
on December 31, 2017, that was made--
(i) after December 31, 2017, and
(ii) before the effective date specified in paragraph (1),
shall be liquidated or reliquidated as though such entry
occurred on the effective date specified in paragraph (1).
(B) Requests.--A liquidation or reliquidation may be made
under subparagraph (A) with respect to an entry only if a
request therefor is filed with U.S. Customs and Border
Protection not later than 180 days after the date of the
enactment of this Act that contains sufficient information to
enable U.S. Customs and Border Protection--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot be located.
(C) Payment of amounts owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry of a covered article under subparagraph (A) shall be
paid, without interest, not later than 90 days after the date
of the liquidation or reliquidation (as the case may be).
(3) Definitions.--In this subsection:
(A) Covered article.--The term ``covered article'' means an
article from a country that is a beneficiary developing
country under title V of the Trade Act of 1974 (19 U.S.C.
2461 et seq.) as of the effective date specified in paragraph
(1).
(B) Enter; entry.--The terms ``enter'' and ``entry''
include a withdrawal from warehouse for consumption.
(c) Annual Report on Enforcement of Eligibility Criteria.--
Not later than 1 year after the date of the enactment of this
Act, and annually thereafter through December 31, 2020, the
United States Trade Representative shall submit to the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate a report on
efforts to ensure that countries designated as beneficiary
developing countries under title V of the Trade Act of 1974
(19 U.S.C. 2461 et seq.) are meeting the eligibility criteria
set forth in section 502(c) of such Act (19 U.S.C. 2462(c)).
SEC. 502. TECHNICAL MODIFICATION TO PROCEDURES FOR
COMPETITIVE NEED LIMITATION AND WAIVERS.
Section 503 of the Trade Act of 1974 (19 U.S.C. 2463) is
amended--
(1) in subsection (c)(2)--
(A) in the matter following subparagraph (A)(i)(II), by
striking ``July 1'' and inserting ``November 1''; and
(B) in subparagraph (E), by striking ``on January 1, 1995''
and inserting ``in any of the preceding 3 calendar years'';
and
(2) in subsection (d), by striking ``July 1'' each place it
appears and inserting ``November 1''.
SEC. 503. CUSTOMS USER FEES.
Section 13031(j)(3)(A) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is
amended by striking ``February 24, 2027'' and inserting
``July 21, 2027''.
TITLE VI--JUDICIAL REDACTION AUTHORITY EXTENSION
SEC. 601. EXTENSION OF REDACTION AUTHORITY CONCERNING
SENSITIVE SECURITY INFORMATION.
Section 105(b)(3)(E) of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended by striking ``2017'' both
places it appears and inserting ``2027''.
[[Page H1970]]
TITLE VII--BUDGETARY EFFECTS
SEC. 701. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of
this division and each succeeding division shall not be
entered on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on
any PAYGO scorecard maintained for purposes of section 4106
of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this division and each
succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION N--BUILD ACT
SECTION 1. SHORT TITLE.
This division may be cited as the ``Brownfields
Utilization, Investment, and Local Development Act of 2018''
or the ``BUILD Act''.
SEC. 2. REDEVELOPMENT CERTAINTY FOR GOVERNMENTAL ENTITIES.
Section 101(20)(D) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(20)) is amended by striking ``ownership or control'' and
all that follows through ``by virtue'' and inserting
``ownership or control through seizure or otherwise in
connection with law enforcement activity, or through
bankruptcy, tax delinquency, abandonment, or other
circumstances in which the government acquires title by
virtue''.
SEC. 3. ALASKA NATIVE VILLAGE AND NATIVE CORPORATION RELIEF.
Section 101(20) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(20)) is amended--
(1) by redesignating subparagraphs (E) through (G) as
subparagraphs (F) through (H), respectively;
(2) by inserting after subparagraph (D) the following:
``(E) Exclusion of certain alaska native villages and
native corporations.--
``(i) In general.--The term `owner or operator' does not
include, with respect to a facility conveyed to a Native
village or Native Corporation (as those terms are defined in
section 3 of the Alaska Native Claims Settlement Act) under
the Alaska Native Claims Settlement Act--
``(I) the Native village or Native Corporation that
received the facility from the United States Government; or
``(II) a successor in interest to which the facility was
conveyed under section 14(c) of such Act.
``(ii) Limitation.--The exclusion provided under this
subparagraph shall not apply to any entity described in
clause (i) that causes or contributes to a release or
threatened release of a hazardous substance from the facility
conveyed as described in such clause.'';
(3) in subparagraph (G) (as so redesignated), in the matter
preceding clause (i), by striking ``subparagraph (E)'' and
inserting ``subparagraph (F)''; and
(4) in clause (i)(II) of subparagraph (H) (as so
redesignated), by striking ``1813)'' and inserting
``1813))''.
SEC. 4. PETROLEUM BROWNFIELD ENHANCEMENT.
Section 101(39)(D)(ii)(II) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601(39)(D)(ii)(II)) is amended by amending
item (bb) to read as follows:
``(bb) is a site for which there is no viable responsible
party and that is determined by the Administrator or the
State, as appropriate, to be a site that will be assessed,
investigated, or cleaned up by a person that is not
potentially liable for cleaning up the site under this Act or
any other law pertaining to the cleanup of petroleum
products; and''.
SEC. 5. PROSPECTIVE PURCHASERS AND LESSEES.
(a) Bona Fide Prospective Purchaser.--Section 101(40) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(40)) is amended--
(1) in subparagraph (B)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and indenting
appropriately;
(B) in subclause (I) (as so redesignated), by striking
``clauses (ii) and (iii)'' and inserting ``subclauses (II)
and (III)'';
(C) in subclause (II) (as so redesignated), by striking
``subparagraph'' and inserting ``clause''; and
(D) in subclause (III) (as so redesignated), by striking
``subparagraph'' and inserting ``clause'';
(2) in subparagraph (D), by redesignating clauses (i)
through (iii) as subclauses (I) through (III), respectively,
and indenting appropriately;
(3) in subparagraph (F), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and indenting
appropriately;
(4) in subparagraph (H)--
(A) in clause (i)--
(i) in subclause (II), by inserting ``, by a tenancy, by
the instruments by which a leasehold interest in the facility
is created,'' after ``financed''; and
(ii) by redesignating subclauses (I) and (II) as items (aa)
and (bb), respectively, and indenting appropriately; and
(B) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and indenting appropriately;
(5) by redesignating subparagraphs (B) through (H) as
clauses (ii) through (viii), respectively, and indenting
appropriately; and
(6) by striking the paragraph designation and heading and
all that follows through ``All disposal of'' in subparagraph
(A) and inserting the following:
``(40) Bona fide prospective purchaser.--
``(A) In general.--The term `bona fide prospective
purchaser' means, with respect to a facility--
``(i) a person who--
``(I) acquires ownership of the facility after January 11,
2002; and
``(II) establishes by a preponderance of the evidence each
of the criteria described in clauses (i) through (viii) of
subparagraph (B); and
``(ii) a person--
``(I) who acquires a leasehold interest in the facility
after January 11, 2002;
``(II) who establishes by a preponderance of the evidence
that the leasehold interest is not designed to avoid
liability under this Act by any person; and
``(III) with respect to whom any of the following
conditions apply:
``(aa) The owner of the facility that is subject to the
leasehold interest is a person described in clause (i).
``(bb)(AA) The owner of the facility that is subject to the
leasehold interest was a person described in clause (i) at
the time the leasehold interest was acquired, but can no
longer establish by a preponderance of the evidence each of
the criteria described in clauses (i) through (viii) of
subparagraph (B) due to circumstances unrelated to any action
of the person who holds the leasehold interest; and
``(BB) the person who holds the leasehold interest
establishes by a preponderance of the evidence each of the
criteria described in clauses (i), (iii), (iv), (v), (vi),
(vii), and (viii) of subparagraph (B).
``(cc) The person who holds the leasehold interest
establishes by a preponderance of the evidence each of the
criteria described in clauses (i) through (viii) of
subparagraph (B).
``(B) Criteria.--The criteria described in this
subparagraph are as follows:
``(i) Disposal prior to acquisition.--All disposal of''.
(b) Limitation on Liability.--Section 107(r)(1) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(r)(1)) is amended by
striking ``purchaser's'' and inserting ``bona fide
prospective purchaser''.
SEC. 6. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.
Section 104(k)(1) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(1)) is amended--
(1) in subparagraph (G), by striking ``or'' after the
semicolon;
(2) in subparagraph (H), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(I) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that Code;
``(J) a limited liability corporation in which all managing
members are organizations described in subparagraph (I) or
limited liability corporations whose sole members are
organizations described in subparagraph (I);
``(K) a limited partnership in which all general partners
are organizations described in subparagraph (I) or limited
liability corporations whose sole members are organizations
described in subparagraph (I); or
``(L) a qualified community development entity (as defined
in section 45D(c)(1) of the Internal Revenue Code of
1986).''.
SEC. 7. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
is amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Exemption for certain publicly owned brownfield
sites.--Notwithstanding paragraph (5)(B)(iii), an eligible
entity described in any of subparagraphs (A) through (H) of
paragraph (1) may receive a grant under this paragraph for
property acquired by that eligible entity prior to January
11, 2002, even if the eligible entity does not qualify as a
bona fide prospective purchaser, so long as the eligible
entity has not caused or contributed to a release or
threatened release of a hazardous substance at the
property.''; and
(2) in paragraph (3), by adding at the end the following:
``(E) Exemption for certain publicly owned brownfield
sites.--Notwithstanding paragraph (5)(B)(iii), an eligible
entity described in any of subparagraphs (A) through (H) of
paragraph (1) may receive a grant or loan under this
paragraph for property acquired by that eligible entity prior
to January 11, 2002, even if the eligible entity does not
qualify as a bona fide prospective purchaser, so long as the
eligible entity has not
[[Page H1971]]
caused or contributed to a release or threatened release of a
hazardous substance at the property.''.
SEC. 8. INCREASED FUNDING FOR REMEDIATION GRANTS.
Section 104(k)(3)(A)(ii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each
site to be remediated'' and inserting ``$500,000 for each
site to be remediated, which limit may be waived by the
Administrator, but not to exceed a total of $650,000 for each
site, based on the anticipated level of contamination, size,
or ownership status of the site''.
SEC. 9. MULTIPURPOSE BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
is amended--
(1) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(2) in paragraph (3)(A), in the matter preceding clause
(i), by striking ``Subject to paragraphs (4) and (5)'' and
inserting ``Subject to paragraphs (5) and (6)'';
(3) by inserting after paragraph (3) the following:
``(4) Multipurpose brownfields grants.--
``(A) In general.--Subject to subparagraph (D) and
paragraphs (5) and (6), the Administrator shall establish a
program to provide multipurpose grants to an eligible entity
based on the criteria under subparagraph (C) and the
considerations under paragraph (3)(C), to carry out
inventory, characterization, assessment, planning, or
remediation activities at 1 or more brownfield sites in an
area proposed by the eligible entity.
``(B) Grant amounts.--
``(i) Individual grant amounts.--Each grant awarded under
this paragraph shall not exceed $1,000,000.
``(ii) Cumulative grant amounts.--The total amount of
grants awarded for each fiscal year under this paragraph may
not exceed 15 percent of the funds made available for the
fiscal year to carry out this subsection.
``(C) Criteria.--In awarding a grant under this paragraph,
the Administrator shall consider the extent to which the
eligible entity is able--
``(i) to provide an overall plan for revitalization of the
1 or more brownfield sites in the proposed area in which the
multipurpose grant will be used;
``(ii) to demonstrate a capacity to conduct the range of
eligible activities that will be funded by the multipurpose
grant; and
``(iii) to demonstrate that a multipurpose grant will meet
the needs of the 1 or more brownfield sites in the proposed
area.
``(D) Condition.--As a condition of receiving a grant under
this paragraph, each eligible entity shall expend the full
amount of the grant by not later than the date that is 5
years after the date on which the grant is awarded to the
eligible entity, unless the Administrator provides an
extension.
``(E) Ownership.--An eligible entity that receives a grant
under this paragraph may not expend any of the grant funds
for the remediation of a brownfield site unless the eligible
entity owns the brownfield site.''; and
(4) by striking ``paragraph (2) or (3)'' each place it
appears and inserting ``paragraph (2), (3), or (4)''.
SEC. 10. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.
Paragraph (5) of section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(k)) (as redesignated by section 9 of
this Act) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Prohibition.--No part of a grant or loan under this
subsection may be used for the payment of--
``(i) a penalty or fine;
``(ii) a Federal cost-share requirement;
``(iii) a response cost at a brownfield site for which the
recipient of the grant or loan is potentially liable under
section 107; or
``(iv) a cost of compliance with any Federal law (including
a Federal law specified in section 101(39)(B)), excluding the
cost of compliance with laws applicable to the cleanup.'';
and
(2) by adding at the end the following:
``(E) Administrative costs.--
``(i) In general.--An eligible entity may use up to 5
percent of the amounts made available under a grant or loan
under this subsection for administrative costs.
``(ii) Restriction.--For purposes of clause (i), the term
`administrative costs' does not include--
``(I) investigation and identification of the extent of
contamination of a brownfield site;
``(II) design and performance of a response action; or
``(III) monitoring of a natural resource.''.
SEC. 11. GRANT APPLICATIONS.
(a) Waterfront Brownfields Grants; Clean Energy on
Brownfield Sites.--Paragraph (6)(C) of section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by
section 9 of this Act) is amended by adding at the end the
following:
``(xi) The extent to which a grant would address a site
adjacent to a body of water or a federally designated flood
plain.
``(xii) The extent to which a grant would facilitate--
``(I) the location at a brownfield site of a facility that
generates renewable electricity from wind, solar, or
geothermal energy; or
``(II) any energy efficiency improvement project at a
brownfield site, including a project for a combined heat and
power system or a district energy system.''.
(b) Report on Ranking Criteria.--Paragraph (6) of section
104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 9 of this Act) is amended by
adding at the end the following:
``(D) Report on ranking criteria.--Not later than September
30, 2022, the Administrator shall submit to Congress a report
regarding the Administrator's use of the ranking criteria
described in subparagraph (C) in awarding grants under this
subsection.''.
SEC. 12. AUDITS.
Paragraph (8) of section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(k)) (as redesignated by section 9 of
this Act) is amended by striking ``3 years after the date of
the enactment of this subsection'' and inserting ``September
30, 2022''.
SEC. 13. BROWNFIELDS FUNDING.
Paragraph (13) of section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(k)) (as redesignated by section 9 of
this Act) is amended to read as follows:
``(13) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection
$200,000,000 for each of fiscal years 2019 through 2023.''.
SEC. 14. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.
(a) In General.--Section 128(a)(1)(B) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9628(a)(1)(B)) is amended--
(1) in clause (ii)--
(A) in subclause (I), by striking ``; or'' and inserting a
semicolon;
(B) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(III) assist small communities, Indian tribes, rural
areas, or disadvantaged areas in carrying out activities
described in section 104(k)(7)(A) with respect to brownfield
sites.''; and
(2) by adding at the end the following:
``(iii) Small communities, indian tribes, rural areas, and
disadvantaged areas.--
``(I) In general.--To make grants to States or Indian
tribes under clause (ii)(III), the Administrator may use, in
addition to amounts available to carry out this subsection,
not more than $1,500,000 of the amounts made available to
carry out section 104(k)(7) in each fiscal year.
``(II) Limitation.--Each grant made under subclause (I) may
be not more than $20,000.
``(III) Inclusion in other grants.--The Administrator may,
at the request of a State or Indian tribe, include a grant
under this clause in any other grant to the State or Indian
tribe made under this subsection.
``(iv) Definitions.--In this subparagraph:
``(I) Disadvantaged area.--The term `disadvantaged area'
means a community with an annual median household income that
is less than 80 percent of the statewide annual median
household income, as determined by the President based on the
latest available decennial census.
``(II) Small community.--The term `small community' means a
community with a population of not more than 15,000
individuals, as determined by the President based on the
latest available decennial census.''.
(b) Conforming Amendment.--Section 104(g)(1) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604(g)(1)) is amended by
inserting ``or section 128(a)(1)(B)(ii)(III)'' after ``under
this section''.
SEC. 15. STATE RESPONSE PROGRAM FUNDING.
Section 128(a)(3) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9628(a)(3)) is amended to read as follows:
``(3) Funding.--There is authorized to be appropriated to
carry out this subsection $50,000,000 for each of fiscal
years 2019 through 2023.''.
DIVISION O--WILDFIRE SUPPRESSION FUNDING AND FOREST MANAGEMENT
ACTIVITIES ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Wildfire Suppression
Funding and Forest Management Activities Act''.
TITLE I--WILDFIRE AND DISASTER FUNDING ADJUSTMENT
SEC. 102. WILDFIRE AND DISASTER FUNDING ADJUSTMENT.
(a) Section 251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended--
(1) in subparagraph (D)(i), by striking subclauses (I) and
(II) and inserting the following--
``(I) the average over the previous 10 years (excluding the
highest and lowest years) of the sum of the funding provided
for disaster relief (as that term is defined on the date
immediately before the date of enactment of the Wildfire
Suppression Funding and Forest Management Activities Act);
``(II) notwithstanding clause (iv), starting in fiscal year
2018, five percent of the total appropriations provided after
fiscal year 2011 or in the previous 10 years, whichever is
less, net of any rescissions of budget authority
[[Page H1972]]
enacted in the same period, with respect to amounts provided
for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and designated by the Congress and the
President as an emergency pursuant to subparagraph (A)(i) of
this paragraph; and
``(III) the cumulative net total of the unused carryover
for fiscal year 2018 and all subsequent fiscal years, where
the unused carryover for each fiscal year is calculated as
the sum of the amounts in subclauses (I) and (II) less the
enacted appropriations for that fiscal year that have been
designated as being for disaster relief.'';
(2) in subparagraph (D)(ii), by striking ``not later than
30 days after the date of enactment of the Budget Control Act
of 2011'' and inserting ``not later than 30 days after the
date of enactment of the Wildfire Suppression Funding and
Forest Management Activities Act''; and
(3) by adding at the end the following:
``(F) Wildfire suppression.--
``(i) Additional new budget authority.--If, for fiscal
years 2020 through 2027, a bill or joint resolution making
appropriations for a fiscal year is enacted that provides an
amount for wildfire suppression operations in the Wildland
Fire Management accounts at the Department of Agriculture or
the Department of the Interior, then the adjustments for that
fiscal year shall be the amount of additional new budget
authority provided in that Act for wildfire suppression
operations for that fiscal year, but shall not exceed--
``(I) for fiscal year 2020, $2,250,000,000;
``(II) for fiscal year 2021, $2,350,000,000;
``(III) for fiscal year 2022, $2,450,000,000;
``(IV) for fiscal year 2023, $2,550,000,000;
``(V) for fiscal year 2024, $2,650,000,000;
``(VI) for fiscal year 2025, $2,750,000,000;
``(VII) for fiscal year 2026, $2,850,000,000; and
``(VIII) for fiscal year 2027, $2,950,000,000.
``(ii) Definitions.--In this subparagraph:
``(I) Additional new budget authority.--The term
`additional new budget authority' means the amount provided
for a fiscal year in an appropriation Act that is in excess
of the average costs for wildfire suppression operations as
reported in the budget of the President submitted under
section 1105(a) of title 31, United States Code, for fiscal
year 2015 and are specified to pay for the costs of wildfire
suppression operations in an amount not to exceed the amount
specified for that fiscal year in clause (i).
``(II) Wildfire suppression operations.--The term `wildfire
suppression operations' means the emergency and unpredictable
aspects of wildland firefighting, including--
``(aa) support, response, and emergency stabilization
activities;
``(bb) other emergency management activities; and
``(cc) the funds necessary to repay any transfers needed
for the costs of wildfire suppression operations.''.
(b) The amendment made by paragraph (1) of subsection (a)
shall begin to apply in fiscal year 2019.
SEC. 103. REQUEST FOR ADDITIONAL WILDFIRE SUPPRESSION FUNDS.
If the amount provided for wildfire suppression operations
for that fiscal year will be exhausted within 30 calendar
days, the Secretary of the Interior or the Secretary of
Agriculture (as applicable), in consultation with the
Director of the Office of Management and Budget, shall
promptly submit a request to Congress for supplemental
appropriations.
SEC. 104. REPORTING REQUIREMENTS.
(a) In General.--Not later than 90 days after the end of
the fiscal year for which additional new budget authority is
used, pursuant to section 251(b)(2)(F)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(F)(i)), as added by section 102 of this division,
the Secretary of the Interior or the Secretary of Agriculture
(as applicable), in consultation with the Director of the
Office of Management and Budget, shall--
(1) prepare an annual report with respect to the additional
new budget authority;
(2) submit to the Committees on Appropriations, the Budget,
and Natural Resources of the House of Representatives and the
Committees on Appropriations, the Budget, and Energy and
Natural Resources of the Senate the annual report prepared
under paragraph (1); and
(3) make the report prepared under paragraph (1) available
to the public.
(b) Components.--The annual report prepared under
subsection (a)(1) shall--
(1) document obligations and outlays of the additional new
budget authority for wildfire suppression operations;
(2) identify risk-based factors that influenced management
decisions with respect to wildfire suppression operations;
(3) analyze a statistically significant sample of large
fires, including an analysis for each fire of--
(A) cost drivers;
(B) the effectiveness of risk management techniques and
whether fire operations strategy tracked the risk assessment;
(C) any resulting ecological or other benefits to the
landscape;
(D) the impact of investments in wildfire suppression
operations preparedness;
(E) effectiveness of wildfire suppression operations,
including an analysis of resources lost versus dollars
invested;
(F) effectiveness of any fuel treatments on fire behavior
and suppression expenditures;
(G) levels of exposure experienced by firefighters;
(H) suggested corrective actions; and
(I) any other factors the Secretary of the Interior or
Secretary of Agriculture (as applicable) determines to be
appropriate;
(4) include an accounting of overall fire management and
spending by the Department of the Interior or the Department
of Agriculture, which shall be analyzed by fire size, cost,
regional location, and other factors;
(5) describe any lessons learned in the conduct of wildfire
suppression operations; and
(6) include any other elements that the Secretary of the
Interior or the Secretary of Agriculture (as applicable)
determines to be necessary.
TITLE II--FOREST MANAGEMENT ACTIVITIES
SEC. 201. DEFINITIONS.
In this title:
(1) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(2) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to National
Forest System land; and
(B) the Secretary of the Interior, with respect to public
land.
SEC. 202. WILDFIRE RESILIENCE PROJECTS.
Insert at the end of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6511) the following new section:
``SEC. 605. WILDFIRE RESILIENCE PROJECTS.
``(a) In General.--Hazardous fuels reduction projects, as
defined in the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511(2)) may be--
``(1) carried out in accordance with subsections (b), (c),
and (d) of section 102 and sections 104 and 105;
``(2) considered an action categorically excluded from the
requirements of Public Law 91-190 (42 U.S.C. 4321 et seq.);
and
``(3) exempt from the special administrative review process
under section 105.
``(b) Collaborative Restoration Project.--
``(1) In general.--A project referred to in subsection (a)
is a project to carry out forest restoration treatments
that--
``(A) maximizes the retention of old-growth and large
trees, as appropriate for the forest type, to the extent that
the trees promote stands that are resilient to insects and
disease, and reduce the risk or extent of, or increase the
resilience to, wildfires;
``(B) considers the best available scientific information
to maintain or restore the ecological integrity, including
maintaining or restoring structure, function, composition,
and connectivity; and
``(C) is developed and implemented through a collaborative
process that--
``(i) includes multiple interested persons representing
diverse interests; and
``(ii)(I) is transparent and nonexclusive; or
``(II) meets the requirements for a resource advisory
committee under subsections (c) through (f) of section 205 of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7125).
``(2) Inclusion.--A project under this subsection may carry
out part of a proposal that complies with the eligibility
requirements of the Collaborative Forest Landscape
Restoration Program under section 4003(b) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(b)).
``(c) Limitations.--
``(1) Project size.--A project under this section may not
exceed 3000 acres.
``(2) Location.--A project under this section shall be--
``(A) Prioritized within the wildland-urban interface;
``(B) If located outside the wildland-urban interface,
limited to areas within Condition Classes 2 or 3 in Fire
Regime Groups I, II, or III that contain very high wildfire
hazard potential; and
``(C) Limited to areas designated under section 602(b) as
of the date of enactment of this Act.
``(3) Roads.--
``(A) Permanent roads.--
``(i) Prohibition on establishment.--A project under this
section shall not include the establishment of permanent
roads.
``(ii) Existing roads.--The Secretary may carry out
necessary maintenance and repairs on existing permanent roads
for the purposes of this section.
``(B) Temporary roads.--The Secretary shall decommission
any temporary road constructed under a project under this
section not later than 3 years after the date on which the
project is completed.
``(4) Extraordinary circumstances.--The Secretary shall
apply the extraordinary circumstances procedures under
section 220.6 of title 36, code of Federal regulations (or
successor regulations), when using the categorical exclusion
under this section.
``(d) Exclusions.--This section does not apply to--
``(1) a component of the National Wilderness Preservation
System;
``(2) any Federal land on which, by Act of Congress or
Presidential proclamation, the
[[Page H1973]]
removal of vegetation is restricted or prohibited;
``(3) a congressionally designated wilderness study area;
or
``(4) an area in which activities under subsection (a)
would be inconsistent with the applicable land and resource
management plan.
``(e) Forest Management Plans.--All projects and activities
carried out under this section shall be consistent with the
land and resource management plan established under section 6
of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604) for the unit of the National Forest
System containing the projects and activities.
``(f) Public Notice and Scoping.--The Secretary shall
conduct public notice and scoping for any project or action
proposed in accordance with this section.
``(g) Accountability.--
``(1) In general.--The Secretary shall prepare an annual
report on the use of categorical exclusions under this
section that includes a description of all acres (or other
appropriate unit) treated through projects carried out under
this section.
``(2) Submission.--Not later than 1 year after the date of
enactment of this section, and each year thereafter, the
Secretary shall submit the reports required under paragraph
(1) to--
``(A) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
``(B) the Committee on Environment and Public Works of the
Senate;
``(C) the Committee on Agriculture of the House of
Representatives;
``(D) the Committee on Natural Resources of the House of
Representatives; and
``(E) the Government Accountability Office.''.
SEC. 203. INSTALLATION OF FUEL BREAKS AND FIREBREAKS FOR
HAZARDOUS FUEL REDUCTION ON FEDERAL LAND.
Section 101(2) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6511(2)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(2) by adding at the end the following:
``(B) Inclusion.--The term `authorized hazardous fuel
reduction project' includes, using the measures and methods
described in subparagraph (A), the installation of--
``(i) a natural or manmade change in fuel characteristics
that affects fire behavior such that a fire can be more
readily controlled (commonly known as a `fuel break'); and
``(ii) a natural or constructed barrier used to stop or
check a fire or to provide a control line from which to work
to stop or check a fire (commonly known as a `firebreak').''.
SEC. 204. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT
CONTRACTING PROJECTS.
Section 604 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591c) is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Cancellation Ceilings.--
``(1) In general.--Notwithstanding section 3903(b)(1) of
title 41, United States Code, the Chief and the Director may
obligate funds in stages that are economically or
programmatically viable to cover any potential cancellation
or termination costs for an agreement or contract under
subsection (b).
``(2) Advance notice to congress of cancellation ceiling in
excess of $25,000,000.--Not later than 30 days before
entering into a multiyear agreement or contract under
subsection (b) that includes a cancellation ceiling in excess
of $25,000,000, but does not include proposed funding for the
costs of cancelling the agreement or contract up to that
cancellation ceiling, the Chief or the Director, as
applicable, shall submit to the Committee on Energy and
Natural Resources and the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Natural Resources and the Committee on Agriculture of the
House of Representatives a written notice that includes--
``(A) a description of the cancellation ceiling amounts
proposed for each program year in the agreement or contract;
``(B) the reasons why the cancellation ceiling amounts
described under subparagraph (A) were selected;
``(C) a description of the extent to which the costs of
contract cancellation are not included in the budget for the
agreement or contract; and
``(D) an assessment of the financial risk of not including
budgeting for the costs of agreement or contract
cancellation.
``(3) Transmittal of notice to omb.--Not later than 14 days
after the date on which written notice is provided under
paragraph (2), the Chief or the Director, as appropriate,
shall transmit a copy of the notice to the Director of the
Office of Management and Budget.''.
SEC. 205. EXCESS OFFSET VALUE.
Section 604(g)(2) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591c(g)(2)) is amended by striking
subparagraphs (A) and (B) and inserting the following:
``(A) use the excess to satisfy any outstanding liabilities
for cancelled agreements or contracts; or
``(B) if there are no outstanding liabilities described in
subparagraph (A), apply the excess to other authorized
stewardship projects.''.
SEC. 206. SUBMISSION OF EXISTING ANNUAL REPORT.
Subsection (j) of section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c) (as redesignated by
section 204 of this Act), is amended by striking ``report to
the Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Agriculture of the House of
Representatives'' and inserting ``submit to the congressional
committees described in subsection (h)(2) a report''.
SEC. 207. 20-YEAR STEWARDSHIP CONTRACTING.
(a) In General.--The Secretary of Agriculture and the
Secretary of the Interior may award contracts or agreements
under section 604 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6511), for terms not to exceed 20 years on
areas where the majority of Federal lands are in Fire Regime
Groups I, II, or III.
(b) Preference.--In awarding a contract under this section,
the Secretary concerned may, notwithstanding the Federal
Acquisition Regulations, give a procurement preference to a
contractor that would, as part of the contract, promote an
innovative use of forest products, including cross-laminated
timber.
SEC. 208. CONSULTATION UNDER FOREST AND RANGELAND RENEWABLE
RESOURCES PLANNING ACT OF 1974.
(a) Consultation Regarding Land Management Plans.--Section
6(d) of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604(d)) is amended--
(1) by striking ``(d) The Secretary'' and inserting the
following:
``(d) Public Participation and Consultation.--
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) No additional consultation required after approval of
land management plans.--
``(A) In general.--Except as provided in subparagraph (B),
notwithstanding any other provision of law, the Secretary
shall not be required to engage in consultation under this
section or any other provision of law (including section 7 of
Public Law 93-205 (16 U.S.C. 1536) and section 402.16 of
title 50, Code of Federal Regulations (or a successor
regulation)) with respect to--
``(i) the listing of a species as threatened or endangered,
or a designation of critical habitat pursuant to Public Law
93-205 (16 U.S.C. 1531 et seq.), if a land management plan
has been adopted by the Secretary as of the date of listing
or designation; and
``(ii) any provision of a land management plan adopted as
described in clause (i).
``(B) Exception.--Subparagraph (A) shall not apply if--
``(i) 15 years have passed since the date on which the
Secretary adopted the land management plan described in
clause (i) of that subparagraph; and
``(ii) 5 years have passed since the date of enactment of
this section or the date of the listing of a species as
threatened or endangered for a species known to occur on the
unit or the designation of critical habitat within the unit
as described in clause (i) of that subparagraph, whichever is
later.
``(C) Effect of paragraph.--Nothing in this paragraph
affects any applicable requirement of the Secretary to
consult with the head of any other Federal department or
agency--
``(i) regarding any project carried out, or proposed to be
carried out, to implement a land management plan pursuant to
Public Law 93-205 (16 U.S.C. 1531 et seq.), including any
requirement to consult regarding the consideration of
cumulative impacts of completed, ongoing, and planned
projects; or
``(ii) with respect to--
``(I) the development of a modification to a land
management plan; or
``(II) an amendment or revision to a land management plan
in accordance with paragraph (4) or (5) of subsection (f).''.
(b) Definition of Secretary; Conforming Amendments.--
(1) Definition of secretary.--Section 3(a) of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1601(a)) is amended, in the first sentence of the
matter preceding paragraph (1), by inserting ``(referred to
in this Act as the `Secretary')'' after ``Secretary of
Agriculture''.
(2) Conforming amendments.--The Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et
seq.) is amended, in sections 4 through 9, 12, 13, and 15, by
striking ``Secretary of Agriculture'' each place it appears
and inserting ``Secretary''.
SEC. 209. OREGON AND CALIFORNIA RAILROAD REVESTED LANDS AND
COOS BAY WAGON ROAD RECONVEYED LANDS.
(a) In General.--Notwithstanding any other provision of
law, with respect to the Oregon and California Railroad grant
land revested in the United States by the Act of June 9, 1916
(39 Stat. 218, chapter 137), and the Coos Bay Wagon Road
grant land reconveyed to the United States by the first
section of the Act of February 26, 1919 (40 Stat. 1179,
chapter 47), that is managed under the Act of August 28, 1937
(43 U.S.C. 2601 et seq.), the Secretary of the Interior,
acting through the Director of the Bureau of Land Management,
shall not be required to engage in consultation under any law
(including section 7 of Public Law 93-205 (16 U.S.C. 1536)
and section 402.16 of title 50, Code of Federal Regulations
(or a successor regulation)), with respect to--
[[Page H1974]]
(1) the listing of a species as threatened or endangered,
or a designation of critical habitat, pursuant to Public Law
93-205 (16 U.S.C. 1531 et seq.), if a land use plan has been
adopted by the Secretary of the Interior as of the date of
listing or designation; and
(2) any provision of a land use plan adopted as described
in paragraph (1).
(b) Effect of Section.--Nothing in this section affects any
applicable requirement of the Secretary of the Interior to
consult with the head of any other Federal department or
agency--
(1) regarding a project carried out, or proposed to be
carried out, pursuant to Public Law 93-205 (16 U.S.C. 1531 et
seq.), including any requirement to consult regarding the
consideration of the cumulative impacts of completed,
ongoing, and planned projects; or
(2) with respect to the development of a new land use plan
or the revision of or other significant change to an existing
land use plan.
SEC. 210. WILDFIRE HAZARD SEVERITY MAPPING FOR COMMUNITIES.
(a) Map Required.--Not later than 2 years after the date of
the enactment of this section, the Secretary of Agriculture,
acting through the Chief of the Forest Service, shall--
(1) develop and publish a geospatial map appropriate for
community-level use that depicts wildfire hazard severity to
inform at-risk communities that are--
(A) adjacent to National Forest System lands; or
(B) affected by wildland fire, as determined by the
Secretary; and
(2) disseminate the information under paragraph (1) in an
appropriate, web-based format for use by such communities
to--
(A) improve understanding of their risk profile;
(B) clarify thinking on the nature and effect of wildfire
risks; and
(C) develop plans to manage and mitigate those risks.
(b) Purposes of Map.--The purposes of the map required
under subsection (a) are as follows:
(1) To inform evaluations of wildfire risk.
(2) To prioritize fuels management needs.
(3) To depict the relative potential for wildfire that
could be difficult for suppression resources to contain and
that could cause ignitions to structures.
(c) Consultation.--In carrying out subsection (a), the
Secretary of Agriculture and Chief of the Forest Service
shall consult with--
(1) the Secretary of the Interior;
(2) the Administrator of the Federal Emergency Management
Agency;
(3) other appropriate Federal agencies;
(4) States;
(5) relevant colleges, universities, and institutions of
higher education with relevant expertise; and
(6) other entities, as appropriate.
(d) At-risk Community Defined.--The term ``at-risk
community'' has the meaning given the term in section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
SEC. 211. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND
OPERATION AND MAINTENANCE RELATING TO ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS
OF WAY.
(a) In General.--Title V of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761 et seq.) is amended by
adding at the end the following:
``SEC. 512. VEGETATION MANAGMENT, FACILITY INSPECTION, AND
OPERATION AND MAINTENANCE RELATING TO ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS
OF WAY.
``(a) Definitions.--In this section:
``(1) Hazard tree.--The term `hazard tree' means any tree
or part thereof (whether located inside or outside a right-
of-way) that has been designated, prior to tree failure, by a
certified or licensed arborist or forester under the
supervision of the Secretary concerned or the owner or
operator of a transmission or distribution facility to be--
``(A) dead, likely to die within the routine vegetation
management cycle, or likely to fail within the routine
vegetation management cycle; and
``(B) if the tree or part of the tree failed, likely to--
``(i) cause substantial damage or disruption to a
transmission or distribution facility; or
``(ii) come within 10 feet of an electric power line.
``(2) Owner; operator.--The terms `owner' and `operator'
include contractors or other agents engaged by the owner or
operator of an electric transmission or distribution
facility.
``(3) Plan.--The term `plan' means a vegetation management,
facility inspection, and operation and maintenance plan
that--
``(A) is prepared by the owner or operator of 1 or more
electric transmission or distribution facilities to cover 1
or more electric transmission and distribution rights-of-way;
and
``(B) provides for the long-term, cost-effective,
efficient, and timely management of facilities and vegetation
within the width of the right-of-way and abutting Federal
land, including hazard trees, to enhance electric
reliability, promote public safety, and avoid fire hazards.
``(4) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary, with respect to public lands; and
``(B) the Secretary of Agriculture, with respect to
National Forest System land.
``(b) Guidance.--
``(1) In general.--To enhance the reliability of the
electric grid and reduce the threat of wildfire damage to,
and wildfire caused by vegetation-related conditions within,
electric transmission and distribution rights-of-way and
abutting Federal land, including hazard trees, the Secretary
concerned shall issue and periodically update guidance to
ensure that provisions are appropriately developed and
implemented for utility vegetation management, facility
inspection, and operation and maintenance of rights-of-way,
regardless of the means by which the rights-of-way are
established (including by grant, special use authorization,
and easement).
``(2) Limitation.--The guidance issued under paragraph (1)
shall be compatible with mandatory reliability standards
established by the Electric Reliability Organization.
``(3) Considerations.--The guidance issued under paragraph
(1) shall take into account--
``(A) all applicable law, including fire safety and
electric system reliability requirements (including
reliability standards established by the Electric Reliability
Organization under section 215 of the Federal Power Act (16
U.S.C. 824o)); and
``(B) the Memorandum of Understanding on Vegetation
Management for Powerline Rights-of-Way between the Edison
Electric Institute, Utility Arborist Association, the
Department of the Interior, the Department of Agriculture,
and the Environmental Protection Agency signed in 2016.
``(4) Requirements.--The guidance issued under paragraph
(1) shall--
``(A) be developed in consultation with the owners of
transmission and distribution facilities that hold rights-of-
way;
``(B) seek to minimize the need for case-by-case approvals
for --
``(i) routine vegetation management, facility inspection,
and operation and maintenance activities; and
``(ii) utility vegetation management activities that are
necessary to control hazard trees; and
``(C) provide for prompt and timely review of requests to
conduct vegetation management activities that require
approval of the Secretary concerned, especially activities
requiring expedited or immediate action.
``(c) Vegetation Management, Facility Inspection, and
Operation and Maintenance Plans.--
``(1) Development and submission.--Consistent with
subsection (b), the Secretary concerned shall provide owners
and operators of electric transmission or distribution
facilities located on public lands and National Forest System
land, as applicable, with the option to develop and submit a
plan.
``(2) ERO standards.--Owners and operators subject to
mandatory reliability standards established by the Electric
Reliability Organization (or superseding standards) may use
those standards as part of the plan.
``(3) Plan requirements.--A plan developed under paragraph
(1) shall--
``(A) identify the applicable transmission or distribution
facilities to be maintained;
``(B) take into account operations and maintenance plans
for the applicable transmission or distribution line;
``(C) describe the vegetation management, inspection, and
operation and maintenance methods that may be used to comply
with all applicable law, including fire safety requirements
and reliability standards established by the Electric
Reliability Organization;
``(D) include schedules for--
``(i) the applicable owner or operator to notify the
Secretary concerned about routine and major maintenance;
``(ii) the applicable owner or operator to request approval
from the Secretary concerned about undertaking routine and
major maintenance; and
``(iii) the Secretary concerned to respond to a request by
an owner or operator under clause (ii); and
``(E) describe processes for--
``(i) identifying changes in conditions; and
``(ii) modifying the approved plan, if necessary.
``(4) Review and approval process.--
``(A) In general.--The Secretary concerned shall jointly
develop a consolidated and coordinated process for the review
and approval of plans submitted under paragraph (1) that--
``(i) includes timelines and benchmarks for--
``(I) the submission of agency comments on the plans and
schedules for final decision; and
``(II) the timely review of modifications of the plans in
cases in which modifications are necessary;
``(ii) is consistent with applicable law; and
``(iii) includes a process for modifications to a plan in a
prompt manner if changed conditions necessitate a
modification to a plan; and
``(iv) ensures, to the maximum extent practicable, a prompt
review and approval process not to exceed 120 days.
``(B) Plan modification.--Upon reasonable advance notice to
an owner or operator of an electric transmission or
distribution facility of any changed conditions that warrant
a modification to a plan, the Secretary concerned shall--
[[Page H1975]]
``(i) provide an opportunity for the owner or operator to
submit a proposed plan modification, consistent with the
process described under subparagraph (A)(iii), to address the
changed condition identified by the Secretary concerned;
``(ii) consider the proposed plan modification consistent
with the process described under paragraph (4)(A); and
``(iii) allow the owner or operator to continue to
implement any element of the approved plan that does not
directly and adversely affect the condition precipitating the
need for modification.
``(5) Categories of actions not requiring environmental
analysis.--With respect to the development and approval of
plans submitted under paragraph (1), as well as with respect
to actions carried out under such plans, the Secretary
concerned shall identify categories of actions for which
neither an environmental impact statement nor an
environmental assessment shall be required under section
1508.4 of title 40, Code of Federal Regulations (or a
successor regulation).
``(d) Certain Owners and Operators.--
``(1) In general.--The owner or operator of an electric
transmission or distribution facility that is not subject to
the mandatory reliability standards established by the
Electric Reliability Organization or that sold less than or
equal to 1,000,000 megawatt hours of electric energy for
purposes other than resale during each of the 3 calendar
years immediately preceding the date of enactment of this
section may enter into an agreement with the Secretary
concerned in lieu of a plan under subsection (c).
``(2) Minimum requirements.--The Secretary concerned shall
ensure that the minimum requirements for an agreement under
paragraph (1)--
``(A) reflect the relative financial resources of the
applicable owner or operator compared to other owners or
operators of an electric transmission or distribution
facility;
``(B) include schedules as described in subsection
(c)(3)(D);
``(C) are subject to modification requirements as described
in subsection (c)(4)(B); and
``(D) comply with applicable law.
``(e) Emergency Conditions.--If vegetation or hazard trees
have contacted or present an imminent danger of contacting an
electric transmission or distribution line from within or
adjacent to an electric transmission or distribution right-
of-way, the owner or operator of the electric transmission or
distribution lines--
``(1) may prune or remove the vegetation or hazard tree--
``(A) to avoid the disruption of electric service; and
``(B) to eliminate immediate fire and safety hazards; and
``(2) shall notify the appropriate local agent of the
Secretary concerned not later than 1 day after the date of
the response to emergency conditions.
``(f) Activities That Require Approval.--
``(1) In general.--Except as provided under paragraph (3),
the owner or operator of an electric transmission or
distribution facility may conduct vegetation management
activities that require approval of the Secretary concerned
in accordance with a plan approved under subsection (c) or an
agreement entered into under subsection (d) only with the
approval of the Secretary concerned.
``(2) Requirement to respond.--The Secretary concerned
shall respond to a request for approval to conduct vegetation
management activities in accordance with the applicable
schedules in a plan approved under subsection (c) or an
agreement entered into under subsection (d).
``(3) Authorized activities.--The owner or operator of an
electric transmission or distribution facility may conduct
vegetation management activities that require approval of the
Secretary concerned in accordance with a plan approved under
subsection (c) or an agreement entered into under subsection
(d) without the approval of the Secretary concerned if--
``(A) the owner or operator submitted a request to the
Secretary concerned in accordance with the applicable
schedule in a plan approved under subsection (c) or an
agreement entered into under subsection (d);
``(B) the vegetation management activities, including the
removal of hazard trees, proposed in the request under
subparagraph (A) are in accordance with a plan approved under
subsection (c) or an agreement entered into under subsection
(d); and
``(C) the Secretary concerned fails to respond to the
request under subparagraph (A) in accordance with the
applicable schedule in a plan approved under subsection (c)
or an agreement entered into under subsection (d).
``(g) Liability.--
``(1) In general.--The Secretary concerned shall not impose
strict liability for damages or injury resulting from--
``(A) the Secretary concerned unreasonably withholding or
delaying--
``(i) approval of a plan under subsection (c); or
``(ii) entrance into an agreement under subsection (d); or
``(B) the Secretary concerned unreasonably failing to
adhere to an applicable schedule in a plan approved under
subsection (c) or an agreement entered into under subsection
(d).
``(2) Damages.--For the period ending 10 years after the
date of the enactment of this subsection, the Secretary
concerned shall not impose strict liability in an amount
greater than $500,000 per incident for damages or injury
resulting from activities conducted by an owner or operator
in accordance with an approved agreement under subsection
(d).
``(3) Rule of construction.--Nothing in paragraph (2) shall
be construed to effect any liability imposed by the Secretary
concerned under section 251.56(d) of title 36, Code of
Federal Regulations (as in effect on the date of the
enactment of this section) and section 2807.12 of title 43,
Code of Federal Regulations (as in effect on the date of the
enactment of this section), for activities conducted by an
owner or operator in accordance with an approved plan under
subsection (c).
``(h) Reporting Requirement.--
``(1) Activities that require approval.--The Secretary
concerned shall report requests and actions made under
subsection (f) annually on the website of the Secretary
concerned.
``(2) Liability.--Not later than four years after the date
of enactment of this subsection, the Secretary concerned
shall prepare and submit a report to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate that describes
the effect on the Treasury of the strict liability limitation
established by subsection (g)(2).
``(i) Training and Guidance.--In consultation with the
electric utility industry, the Secretary concerned is
encouraged to develop a program to train personnel of the
Department of the Interior and the Forest Service involved in
vegetation management decisions relating to electric
transmission and distribution facilities to ensure that the
personnel--
``(1) understand electric system reliability requirements
as the requirements relate to vegetation management of
transmission and distribution rights-of-way on Federal land,
including reliability standards established by the Electric
Reliability Organization and fire safety requirements;
``(2) assist owners and operators of electric transmission
and distribution facilities in complying with applicable
electric reliability and fire safety requirements;
``(3) encourage and assist willing owners and operators of
electric transmission and distribution facilities to
incorporate on a voluntary basis vegetation management
practices to enhance habitats and forage for pollinators and
for other wildlife if the practices are compatible with the
integrated vegetation management practices necessary for
reliability and safety; and
``(4) understand how existing and emerging unmanned
technologies can help electric utilities, the Federal
Government, State and local governments, and private
landowners--
``(A) to more efficiently identify vegetation management
needs;
``(B) to reduce the risk of wildfires; and
``(C) to lower ratepayer energy costs.
``(j) Implementation.--The Secretary concerned shall--
``(1) not later than 1 year after the date of enactment of
this section, propose regulations, or amend existing
regulations, to implement this section; and
``(2) not later than 2 years after the date of enactment of
this section, finalize regulations, or amend existing
regulations, to implement this section.
``(k) Existing Vegetation Management, Facility Inspection,
and Operation and Maintenance Plans.--Nothing in this section
requires an owner or operator to develop and submit a new
plan under this section if a plan consistent with this
section has already been approved by the Secretary concerned
before the date of enactment of this section.''.
(b) Clerical Amendment.--The table of sections for the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1761 et seq.), is amended by inserting after the item
relating to section 511 the following new item:
``Sec. 512. Vegetation management, facility inspection, and operation
and maintenance relating to electric transmission and
distribution facility rights-of-way.''.
SEC. 212. GOOD NEIGHBOR AUTHORITY IMPROVEMENT.
Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C.
2113a(a)) is amended--
(1) in paragraph (3)(B)(i), by striking ``areas; or'' and
inserting the following: ``areas, other than the
reconstruction, repair, or restoration of a National Forest
System road that is--
``(I) necessary to carry out authorized restoration
services pursuant to a good neighbor agreement; and
``(II) in the case of a National Forest System road that is
determined to be unneeded in accordance with section
212.5(b)(2) of title 36, Code of Federal Regulations (as in
effect on the date of enactment of the Good Neighbor
Authority Improvement Act), decommissioned in accordance with
subparagraph (A)(iii)--
``(aa) in a manner that is consistent with the applicable
travel management plan; and
``(bb) not later than 3 years after the date on which the
applicable authorized restoration services project is
completed; or'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) National forest system road.--The term `National
Forest System road' has the meaning given the term in section
212.1 of
[[Page H1976]]
title 36, Code of Federal Regulations (as in effect on the
date of enactment of the Good Neighbor Authority Improvement
Act).''.
TITLE III--FEDERAL LAND TRANSACTION FACILITATION REAUTHORIZATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Federal Land Transaction
Facilitation Act Reauthorization of 2018''.
SEC. 302. FEDERAL LAND TRANSACTION FACILITATION ACT.
The Federal Land Transaction Facilitation Act is amended--
(1) in section 203(1) (43 U.S.C. 2302(1)), by striking
``cultural, or'' and inserting ``cultural, recreational
access and use, or other'';
(2) in section 203(2) (43 U.S.C. 2302(2))--
(A) in the matter preceding subparagraph (A), by striking
``on the date of enactment of this Act was'' and inserting
``is'';
(B) by amending subparagraph (A) to read as follows:
``(A) a national monument, area of critical environmental
concern, national conservation area, national riparian
conservation area, national recreation area, national scenic
area, research natural area, national outstanding natural
area, priority species and habitats designated in a land use
plan in accordance with subpart E (entitled ``Fish and
Wildlife'') of part I of Appendix C of Bureau of Land
Management Land Use Planning Handbook H-1601-1 (Rel 1-1693),
a special recreation management area, or a national natural
landmark managed by the Bureau of Land Management;''; and
(C) by amending subparagraph (D) to read as follows:
``(D) a National Forest or National Grassland in the
National Forest System; or'';
(3) in section 203 (43 U.S.C. 2302), by inserting the
following paragraph after section 203(2) (and redesignating
the following paragraphs accordingly):
``(3) Inaccessible lands that are open to public hunting,
fishing, recreational shooting, or other recreational
purposes.--The term `inaccessible lands that are open to
public hunting, fishing, recreational shooting, or other
recreational purposes' means public lands in Alaska and the
eleven contiguous Western States (as defined in section 103
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)) consisting of at least 640 contiguous acres on
which the public is allowed under Federal or State law to
hunt, fish, target shoot or use the land for other
recreational purposes but--
``(A) to which there is no public access or egress; or
``(B) to which public access or egress to the land is
significantly restricted, as determined by the Secretary.'';
and
(4) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``section 206'' and all
that follows through the period and inserting the following:
``section 206--
``(1) to complete appraisals and satisfy other legal
requirements for the sale or exchange of public land
identified for disposal under approved land use plans under
section 202 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712);
``(2) not later than 180 days after the date of the
enactment of the Federal Land Transaction Facilitation Act
Reauthorization of 2018, to establish and make available to
the public, on the website of the Department of the Interior,
a database containing a comprehensive list of all the land
referred to in paragraph (1); and
``(3) to maintain the database referred to in paragraph
(2).''; and
(B) by striking subsection (d);
(5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))--
(A) in subparagraph(A)(i), by striking ``inholdings; and''
and inserting ``inholdings;'';
(B) in subparagraph (A)(ii), by striking ``exceptional
resources.'' and inserting ``exceptional resources; or'';
(C) in subparagraph (A), by inserting after clause (ii),
``(iii) adjacent to inaccessible lands open to public
hunting, fishing, recreational shooting, or other
recreational purposes.''; and
(D) by adding at the end the following:
``(E) Any funds made available under subparagraph (D) that
are not obligated or expended by the end of the fourth full
fiscal year after the date of the sale or exchange of land
that generated the funds may be expended in any State.'';
(6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))--
(A) by inserting after subparagraph (A) the following:
``(B) the extent to which the acquisition of the land or
interest therein will increase the public availability of
resources for, and facilitate public access to, hunting,
fishing, and other recreational activities;''; and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D);
(7) by striking section 206(f) (43 U.S.C. 2305(f)); and
(8) in section 207(b) (43 U.S.C. 2306(b))--
(A) in paragraph (1)--
(i) by striking ``96-568'' and inserting ``96-586''; and
(ii) by striking ``; or'' and inserting a semicolon;
(B) in paragraph (2)--
(i) by inserting ``Public Law 105-263;'' before ``112
Stat.''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(3) the White Pine County Conservation, Recreation, and
Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
``(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
``(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
11);
``(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132 note;
Public Law 111-11);
``(7) section 2601 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
``(8) section 2606 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
TITLE IV--EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000
SEC. 401. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY
SELF-DETERMINATION ACT OF 2000.
(a) Secure Payments for States and Counties Containing
Federal Land.--
(1) Full funding amount.--Section 3(11) of the Secure Rural
Schools and Community Self-Determination Act (16 U.S.C.
7102(11)) is amended--
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C)--
(i) by striking ``and each fiscal year thereafter'' and
inserting ``through fiscal year 2015''; and
(ii) by striking the period and inserting a semi-colon; and
(C) by adding at the end the following:
``(D) for fiscal year 2017, the amount that is equal to 95
percent of the full funding amount for fiscal year 2015; and
``(E) for fiscal year 2018 and each fiscal year thereafter,
the amount that is equal to 95 percent of the full funding
amount for the preceding fiscal year.''.
(2) Secure payments.--
(A) In general.--Section 101 of the Secure Rural Schools
and Community Self-Determination Act of 2000 (16 U.S.C. 7111)
is amended, in subsections (a) and (b), by striking ``2015''
each place it appears and inserting ``2015, 2017, and 2018''.
(B) Special rule for fiscal year 2017 payments.--Section
101 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7111) is amended by
adding at the end the following:
``(d) Special Rule for Fiscal Year 2017 Payments.--
``(1) State payment.--If an eligible county in a State that
will receive a share of the State payment for fiscal year
2017 has already received, or will receive, a share of the
25-percent payment for fiscal year 2017 distributed to the
State before the date of enactment of this subsection, the
amount of the State payment shall be reduced by the amount of
the share of the eligible county of the 25-percent payment.
``(2) County payment.--If an eligible county that will
receive a county payment for fiscal year 2017 has already
received a 50-percent payment for fiscal year 2017, the
amount of the county payment shall be reduced by the amount
of the 50-percent payment.
``(3) Prompt payment.--Not later than 45 days after the
date of enactment of this subsection, the Secretary of the
Treasury shall make all payments under this title for fiscal
year 2017.''.
(3) Payments to states and counties.--
(A) Election to receive payment amount.--Section 102(b) of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7112(b)) is amended--
(i) in paragraph (1), by adding after subparagraph (C) the
following:
``(D) Payments for fiscal years 2017 and 2018.--The
election otherwise required by subparagraph (A) shall not
apply for fiscal years 2017 or 2018.''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by inserting ``and for fiscal
years 2017 and 2018'' after ``2015''; and
(II) in subparagraph (B), by inserting ``and for fiscal
years 2017 and 2018'' after ``2015''.
(B) Expenditure rules for eligible counties.--Section
102(d) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(d)) is amended--
(i) in paragraph (1), by adding after subparagraph (E) the
following:
``(F) Payments for fiscal years 2017 and 2018.--The
election made by an eligible county under subparagraph (B),
(C), or (D) for fiscal year 2013, or deemed to be made by the
county under paragraph (3)(B) for that fiscal year, shall be
effective for fiscal years 2017 and 2018.''; and
(ii) in paragraph (3)--
(I) in subparagraph (B)(ii), by striking ``purpose
described in section 202(b)'' and inserting ``purposes
described in section 202(b), section 203(c), or section
204(a)(5)''; and
(II) by adding after subparagraph (C) the following:
``(D) Payments for fiscal years 2017 and 2018.--This
paragraph does not apply for fiscal years 2017 and 2018.''.
(C) Elections as to allocation of balance.--Section
102(d)(1) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(d)(1)) is amended--
(i) in subparagraph (B)(ii), by striking ``not more than 7
percent of the total share for the eligible county of the
State payment or the county payment'' and inserting ``any
portion of the balance''; and
(ii) by striking subparagraph (C) and inserting the
following:
[[Page H1977]]
``(C) Counties with major distributions.--In the case of
each eligible county to which $350,000 or more is distributed
for any fiscal year pursuant to paragraph (1)(B) or (2)(B) of
subsection (a), the eligible county shall elect to do 1 or
more of the following with the balance of any funds not
expended pursuant to subparagraph (A):
``(i) Reserve any portion of the balance for projects in
accordance with title II.
``(ii) Reserve not more than 7 percent of the total share
for the eligible county of the State payment or the county
payment for projects in accordance with title III.
``(iii) Return the portion of the balance not reserved
under clauses (i) and (ii) to the Treasury of the United
States.''.
(D) Treatment as supplemental funding.--Section 102 of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7112) is amended by adding at the end the
following:
``(f) Treatment as Supplemental Funding.--
``(1) In general.--None of the funds made available to an
eligible county under this Act may be used in lieu of, or to
otherwise offset, a State funding source for a local school,
facility, or educational purpose.
``(2) Continuation of direct payments.--Payments to States
made under the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7101 et seq.) and 25-
percent payments made to States and Territories under the
Acts of May 23, 1908, and March 1, 1911 (16 U.S.C. 500),
shall continue to be made as direct payments and not as
Federal financial assistance.''.
(E) Distribution of payments to eligible counties.--Section
103(d)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended
by striking ``2015'' and inserting ``and for fiscal years
2017 and 2018''.
(b) Continuation of Authority to Conduct Special Projects
on Federal Land.--
(1) Repeal of contracting pilot program.--Section 204(e) of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7124(e)) is amended by striking paragraph
(3).
(2) Resource advisory committees.--Section 205(a)(4) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012''
each place it appears and inserting ``2018''.
(3) Availability of project funds.--Section 207(d)(2) of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7127(d)(2)) is amended by striking
``subparagraph (B)'' and inserting ``subparagraph (B)(i),
(B)(ii),''.
(4) Termination of authority.--Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7128) is amended--
(A) in subsection (a), by striking ``2017'' and inserting
``2020''; and
(B) in subsection (b), by striking ``2018'' and inserting
``2021''.
(c) Termination of Authority.--Section 304 of the Secure
Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7144) is amended--
(1) in subsection (a), by striking ``2017'' and inserting
``2020''; and
(2) in subsection (b), by striking ``2018'' and inserting
``2021''.
SEC. 402. ADDITIONAL AUTHORIZED USE OF RESERVED FUNDS FOR
TITLE III COUNTY PROJECTS.
Section 302(a) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7142(a)) is
amended--
(1) in paragraph (2)--
(A) by inserting ``and law enforcement patrols'' after
``including firefighting''; and
(B) by striking ``and'' at the end;
(2) in paragraph (3), by inserting ``and carry out'' after
``develop'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) to cover training costs and equipment purchases
directly related to the emergency services described in
paragraph (2); and''.
TITLE V--STRATEGIC PETROLEUM RESERVE DRAWDOWN
SEC. 501. STRATEGIC PETROLEUM RESERVE DRAWDOWN.
(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as
provided in subsection (b), the Secretary of Energy shall
draw down and sell 10,000,000 barrels of crude oil from the
Strategic Petroleum Reserve during the period of fiscal years
2020 through 2021.
(2) Deposit of amounts received from sale.--Amounts
received from a sale under paragraph (1) shall be deposited
in the general fund of the Treasury during the fiscal year in
which the sale occurs.
(b) Emergency Protection.--The Secretary of Energy may not
draw down and sell crude oil under this section in quantities
that would limit the authority to sell petroleum products
under subsection (h) of section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241) in the full quantity
authorized by that subsection.
(c) Strategic Petroleum Drawdown Limitations.--Section
161(h)(2) of the Energy Policy and Conservation Act (42
U.S.C. 6241(h)(2)) is amended by striking ``350,000,000''
each place it appears and inserting ``340,000,000''.
DIVISION P--RAY BAUM'S ACT OF 2018
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Repack Airwaves Yielding Better Access for Users of Modern
Services Act of 2018'' or the ``RAY BAUM'S Act of 2018''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Commission defined.
TITLE I--FCC REAUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Application and regulatory fees.
Sec. 103. Effective date.
TITLE II--APPLICATION OF ANTIDEFICIENCY ACT
Sec. 201. Application of Antideficiency Act to Universal Service
Program.
TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS
Sec. 301. Study on network resiliency.
Sec. 302. Access to essential service providers during federally
declared emergencies.
Sec. 303. Definitions.
TITLE IV--FCC CONSOLIDATED REPORTING
Sec. 401. Communications marketplace report.
Sec. 402. Consolidation of redundant reports; conforming amendments.
Sec. 403. Effect on authority.
Sec. 404. Other reports.
TITLE V--ADDITIONAL PROVISIONS
Sec. 501. Independent Inspector General for FCC.
Sec. 502. Authority of Chief Information Officer.
Sec. 503. Spoofing prevention.
Sec. 504. Report on promoting broadband Internet access service for
veterans.
Sec. 505. Methodology for collection of mobile service coverage data.
Sec. 506. Accuracy of dispatchable location for 9-1-1 calls.
Sec. 507. NTIA study on interagency process following cybersecurity
incidents.
Sec. 508. Tribal digital access.
Sec. 509. Terms of office and vacancies.
Sec. 510. Joint board recommendation.
Sec. 511. Disclaimer for press releases regarding notices of apparent
liability.
Sec. 512. Reports related to spectrum auctions.
TITLE VI--MOBILE NOW
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Identifying 255 megahertz.
Sec. 604. Millimeter wave spectrum.
Sec. 605. 3 gigahertz spectrum.
Sec. 606. Communications facilities deployment on Federal property.
Sec. 607. Broadband infrastructure deployment.
Sec. 608. Communications facilities installation.
Sec. 609. Reallocation incentives.
Sec. 610. Bidirectional sharing study.
Sec. 611. Unlicensed services in guard bands.
Sec. 612. Pre-auction funding.
Sec. 613. Immediate transfer of funds.
Sec. 614. Amendments to the Spectrum Pipeline Act of 2015.
Sec. 615. GAO assessment of unlicensed spectrum and Wi-Fi use in low-
income neighborhoods.
Sec. 616. Rulemaking related to partitioning or disaggregating
licenses.
Sec. 617. Unlicensed spectrum policy.
Sec. 618. National plan for unlicensed spectrum.
Sec. 619. Spectrum challenge prize.
Sec. 620. Wireless telecommunications tax and fee collection fairness.
Sec. 621. Rules of construction.
Sec. 622. Relationship to Middle Class Tax Relief and Job Creation Act
of 2012.
Sec. 623. No additional funds authorized.
SEC. 2. COMMISSION DEFINED.
In this division, the term ``Commission'' means the Federal
Communications Commission.
TITLE I--FCC REAUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 6 of the Communications Act of
1934 (47 U.S.C. 156) is amended to read as follows:
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be
appropriated to the Commission to carry out the functions of
the Commission $333,118,000 for fiscal year 2019 and
$339,610,000 for fiscal year 2020.
``(b) Offsetting Collections.--The sum appropriated in any
fiscal year to carry out the activities described in
subsection (a), to the extent and in the amounts provided for
in Appropriations Acts, shall be derived from fees authorized
by section 9.''.
(b) Deposits of Bidders To Be Deposited in Treasury.--
Section 309(j)(8)(C) of the Communications Act of 1934 (47
U.S.C. 309(j)(8)(C)) is amended--
(1) in the first sentence, by striking ``an interest
bearing account'' and all that follows and inserting ``the
Treasury.'';
(2) in clause (i)--
(A) by striking ``paid to the Treasury'' and inserting
``deposited in the general fund of the Treasury (where such
deposits shall be used for the sole purpose of deficit
reduction)''; and
(B) by striking the semicolon and inserting ``; and'';
[[Page H1978]]
(3) in clause (ii), by striking ``; and'' and inserting ``,
and payments representing the return of such deposits shall
not be subject to administrative offset under section 3716(c)
of title 31, United States Code.''; and
(4) by striking clause (iii).
(c) Elimination of Duplicative Authorization of
Appropriations.--
(1) In general.--Section 710 of the Telecommunications Act
of 1996 (Public Law 104-104) is repealed.
(2) Conforming amendment.--The table of contents in section
2 of such Act is amended by striking the item relating to
section 710.
(d) Transfer of Funds.--On the effective date described in
section 103 of this title, any amounts in the account
providing appropriations to carry out the functions of the
Commission that were collected in excess of the amounts
provided for in Appropriations Acts in any fiscal year prior
to such date shall be transferred to the general fund of the
Treasury of the United States for the sole purpose of deficit
reduction.
SEC. 102. APPLICATION AND REGULATORY FEES.
(a) Application Fees.--Section 8 of the Communications Act
of 1934 (47 U.S.C. 158) is amended to read as follows:
``SEC. 8. APPLICATION FEES.
``(a) General Authority; Establishment of Schedule.--The
Commission shall assess and collect application fees at such
rates as the Commission shall establish in a schedule of
application fees to recover the costs of the Commission to
process applications.
``(b) Adjustment of Schedule.--
``(1) In general.--In every even-numbered year, the
Commission shall review the schedule of application fees
established under this section and, except as provided in
paragraph (2), set a new amount for each fee in the schedule
that is equal to the amount of the fee on the date when the
fee was established or the date when the fee was last amended
under subsection (c), whichever is later--
``(A) increased or decreased by the percentage change in
the Consumer Price Index during the period beginning on such
date and ending on the date of the review; and
``(B) rounded to the nearest $5 increment.
``(2) Threshold for adjustment.--The Commission may not
adjust a fee under paragraph (1) if--
``(A) in the case of a fee the current amount of which is
less than $200, the adjustment would result in a change in
the current amount of less than $10; or
``(B) in the case of a fee the current amount of which is
$200 or more, the adjustment would result in a change in the
current amount of less than 5 percent.
``(3) Current amount defined.--In paragraph (2), the term
`current amount' means, with respect to a fee, the amount of
the fee on the date when the fee was established, the date
when the fee was last adjusted under paragraph (1), or the
date when the fee was last amended under subsection (c),
whichever is latest.
``(c) Amendments to Schedule.--In addition to the
adjustments required by subsection (b), the Commission shall
by rule amend the schedule of application fees established
under this section if the Commission determines that the
schedule requires amendment--
``(1) so that such fees reflect increases or decreases in
the costs of processing applications at the Commission; or
``(2) so that such schedule reflects the consolidation or
addition of new categories of applications.
``(d) Exceptions.--
``(1) Parties to which fees are not applicable.--The
application fees established under this section shall not be
applicable to--
``(A) a governmental entity;
``(B) a nonprofit entity licensed in the Local Government,
Police, Fire, Highway Maintenance, Forestry-Conservation,
Public Safety, or Special Emergency Radio radio services; or
``(C) a noncommercial radio station or noncommercial
television station.
``(2) Cost of collection.--If, in the judgment of the
Commission, the cost of collecting an application fee
established under this section would exceed the amount
collected, the Commission may by rule eliminate such fee.
``(e) Deposit of Collections.--Moneys received from
application fees established under this section shall be
deposited in the general fund of the Treasury.''.
(b) Regulatory Fees.--Section 9 of the Communications Act
of 1934 (47 U.S.C. 159) is amended to read as follows:
``SEC. 9. REGULATORY FEES.
``(a) General Authority.--The Commission shall assess and
collect regulatory fees to recover the costs of carrying out
the activities described in section 6(a) only to the extent,
and in the total amounts, provided for in Appropriations
Acts.
``(b) Establishment of Schedule.--The Commission shall
assess and collect regulatory fees at such rates as the
Commission shall establish in a schedule of regulatory fees
that will result in the collection, in each fiscal year, of
an amount that can reasonably be expected to equal the
amounts described in subsection (a) with respect to such
fiscal year.
``(c) Adjustment of Schedule.--
``(1) In general.--For each fiscal year, the Commission
shall by rule adjust the schedule of regulatory fees
established under this section to--
``(A) reflect unexpected increases or decreases in the
number of units subject to the payment of such fees; and
``(B) result in the collection of the amount required by
subsection (b).
``(2) Rounding.--In making adjustments under this
subsection, the Commission may round fees to the nearest $5
increment.
``(d) Amendments to Schedule.--In addition to the
adjustments required by subsection (c), the Commission shall
by rule amend the schedule of regulatory fees established
under this section if the Commission determines that the
schedule requires amendment so that such fees reflect the
full-time equivalent number of employees within the bureaus
and offices of the Commission, adjusted to take into account
factors that are reasonably related to the benefits provided
to the payor of the fee by the Commission's activities. In
making an amendment under this subsection, the Commission may
not change the total amount of regulatory fees required by
subsection (b) to be collected in a fiscal year.
``(e) Exceptions.--
``(1) Parties to which fees are not applicable.--The
regulatory fees established under this section shall not be
applicable to--
``(A) a governmental entity or nonprofit entity;
``(B) an amateur radio operator licensee under part 97 of
the Commission's rules (47 CFR part 97); or
``(C) a noncommercial radio station or noncommercial
television station.
``(2) Cost of collection.--If, in the judgment of the
Commission, the cost of collecting a regulatory fee
established under this section from a party would exceed the
amount collected from such party, the Commission may exempt
such party from paying such fee.
``(f) Deposit of Collections.--
``(1) In general.--Amounts received from fees authorized by
this section shall be deposited as an offsetting collection
in, and credited to, the account through which funds are made
available to carry out the activities described in section
6(a).
``(2) Deposit of excess collections.--Any regulatory fees
collected in excess of the total amount of fees provided for
in Appropriations Acts for a fiscal year shall be deposited
in the general fund of the Treasury of the United States for
the sole purpose of deficit reduction.''.
(c) Provisions Applicable to Application and Regulatory
Fees.--Title I of the Communications Act of 1934 (47 U.S.C.
151 et seq.) is amended by inserting after section 9 the
following:
``SEC. 9A. PROVISIONS APPLICABLE TO APPLICATION AND
REGULATORY FEES.
``(a) Judicial Review Prohibited.--Any adjustment or
amendment to a schedule of fees under subsection (b) or (c)
of section 8 or subsection (c) or (d) of section 9 is not
subject to judicial review.
``(b) Notice to Congress.--The Commission shall transmit to
Congress notification--
``(1) of any adjustment under section 8(b) or 9(c)
immediately upon the adoption of such adjustment; and
``(2) of any amendment under section 8(c) or 9(d) not later
than 90 days before the effective date of such amendment.
``(c) Enforcement.--
``(1) Penalties for late payment.--The Commission shall by
rule prescribe an additional penalty for late payment of fees
under section 8 or 9. Such additional penalty shall be 25
percent of the amount of the fee that was not paid in a
timely manner.
``(2) Interest on unpaid fees and penalties.--The
Commission shall charge interest, at a rate determined under
section 3717 of title 31, United States Code, on a fee under
section 8 or 9 or an additional penalty under this subsection
that is not paid in a timely manner. Such section 3717 shall
not otherwise apply with respect to such a fee or penalty.
``(3) Dismissal of applications or filings.--The Commission
may dismiss any application or other filing for failure to
pay in a timely manner any fee under section 8 or 9 or any
interest or additional penalty under this subsection.
``(4) Revocations.--
``(A) In general.--In addition to or in lieu of the
penalties and dismissals authorized by this subsection, the
Commission may revoke any instrument of authorization held by
any licensee that has not paid in a timely manner a
regulatory fee assessed under section 9 or any related
interest or penalty.
``(B) Notice.--Revocation action may be taken by the
Commission under this paragraph after notice of the
Commission's intent to take such action is sent to the
licensee by registered mail, return receipt requested, at the
licensee's last known address. The notice shall provide the
licensee at least 30 days to either pay the fee, interest,
and any penalty or show cause why the fee, interest, or
penalty does not apply to the licensee or should otherwise be
waived or payment deferred.
``(C) Hearing.--
``(i) Generally not required.--A hearing is not required
under this paragraph unless the licensee's response presents
a substantial and material question of fact.
``(ii) Evidence and burdens.--In any case where a hearing
is conducted under this paragraph, the hearing shall be based
on written evidence only, and the burden of proceeding with
the introduction of evidence and the burden of proof shall be
on the licensee.
[[Page H1979]]
``(iii) Costs.--Unless the licensee substantially prevails
in the hearing, the Commission may assess the licensee for
the costs of such hearing.
``(D) Opportunity to pay prior to revocation.--Any
Commission order adopted under this paragraph shall determine
the amount due, if any, and provide the licensee with at
least 30 days to pay that amount or have its authorization
revoked.
``(E) Finality.--No order of revocation under this
paragraph shall become final until the licensee has exhausted
its right to judicial review of such order under section
402(b)(5).
``(d) Waiver, Reduction, and Deferment.--The Commission may
waive, reduce, or defer payment of a fee under section 8 or 9
or an interest charge or penalty under this section in any
specific instance for good cause shown, where such action
would promote the public interest.
``(e) Payment Rules.--The Commission shall by rule permit
payment--
``(1) in the case of fees under section 8 or 9 in large
amounts, by installments; and
``(2) in the case of fees under section 8 or 9 in small
amounts, in advance for a number of years not to exceed the
term of the license held by the payor.
``(f) Accounting System.--The Commission shall develop
accounting systems necessary to make the amendments
authorized by sections 8(c) and 9(d).''.
(d) Transitional Rules.--
(1) Application fees.--An application fee established under
section 8 of the Communications Act of 1934, as such section
is in effect on the day before the effective date described
in section 103 of this title, shall remain in effect under
section 8 of the Communications Act of 1934, as amended by
subsection (a) of this section, until such time as the
Commission adjusts or amends such fee under subsection (b) or
(c) of such section 8, as so amended.
(2) Regulatory fees.--A regulatory fee established under
section 9 of the Communications Act of 1934, as such section
is in effect on the day before the effective date described
in section 103 of this title, shall remain in effect under
section 9 of the Communications Act of 1934, as amended by
subsection (b) of this section, until such time as the
Commission adjusts or amends such fee under subsection (c) or
(d) of such section 9, as so amended.
(e) Rulemaking To Amend Schedule of Regulatory Fees.--
(1) In general.--Not later than 1 year after the effective
date described in section 103 of this title, the Commission
shall complete a rulemaking proceeding under subsection (d)
of section 9 of the Communications Act of 1934, as amended by
subsection (b) of this section.
(2) Report to congress.--If the Commission has not
completed the rulemaking proceeding required by paragraph (1)
by the date that is 6 months after the effective date
described in section 103 of this title, the Commission shall
submit to Congress a report on the progress of such
rulemaking proceeding.
SEC. 103. EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect on October 1, 2018.
TITLE II--APPLICATION OF ANTIDEFICIENCY ACT
SEC. 201. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL
SERVICE PROGRAM.
Section 302 of Public Law 108-494 (118 Stat. 3998) is
amended by striking ``December 31, 2018'' each place it
appears and inserting ``December 31, 2019''.
TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS
SEC. 301. STUDY ON NETWORK RESILIENCY.
Not later than 36 months after the date of enactment of
this Act, the Commission shall submit to Congress, and make
publically available on the Commission's website, a study on
the public safety benefits and technical feasibility and cost
of--
(1) making telecommunications service provider-owned WiFi
access points, and other communications technologies
operating on unlicensed spectrum, available to the general
public for access to 9-1-1 services, without requiring any
login credentials, during times of emergency when mobile
service is unavailable;
(2) the provision by non-telecommunications service
provider-owned WiFi access points of public access to 9-1-1
services during times of emergency when mobile service is
unavailable; and
(3) other alternative means of providing the public with
access to 9-1-1 services during times of emergency when
mobile service is unavailable.
SEC. 302. ACCESS TO ESSENTIAL SERVICE PROVIDERS DURING
FEDERALLY DECLARED EMERGENCIES.
Section 427(a) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5189e(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``telecommunications
service'' and inserting ``wireline or mobile telephone
service, Internet access service, radio or television
broadcasting, cable service, or direct broadcast satellite
service'';
(B) in subparagraph (E), by striking the semicolon and
inserting ``; or'';
(C) by redesignating subparagraphs (A) through (E) as
clauses (i) through (v), respectively; and
(D) by adding at the end of the following:
``(B) is a tower owner or operator;''; and
(2) by striking ``(1) provides'' and inserting ``(1)(A)
provides''.
SEC. 303. DEFINITIONS.
As used in this title--
(1) the term ``mobile service'' means commercial mobile
service (as defined in section 332 of the Communications Act
of 1934 (47 U.S.C. 332)) or commercial mobile data service
(as defined in section 6001 of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1401));
(2) the term ``WiFi access point'' means wireless Internet
access using the standard designated as 802.11 or any variant
thereof; and
(3) the term ``times of emergency'' means either an
emergency as defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122), or an emergency as declared by the governor of a State
or territory of the United States.
TITLE IV--FCC CONSOLIDATED REPORTING
SEC. 401. COMMUNICATIONS MARKETPLACE REPORT.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et
seq.) is amended by adding at the end the following:
``SEC. 13. COMMUNICATIONS MARKETPLACE REPORT.
``(a) In General.--In the last quarter of every even-
numbered year, the Commission shall publish on its website
and submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
state of the communications marketplace.
``(b) Contents.--Each report required by subsection (a)
shall--
``(1) assess the state of competition in the communications
marketplace, including competition to deliver voice, video,
audio, and data services among providers of
telecommunications, providers of commercial mobile service
(as defined in section 332), multichannel video programming
distributors (as defined in section 602), broadcast stations,
providers of satellite communications, Internet service
providers, and other providers of communications services;
``(2) assess the state of deployment of communications
capabilities, including advanced telecommunications
capability (as defined in section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302)), regardless
of the technology used for such deployment;
``(3) assess whether laws, regulations, regulatory
practices (whether those of the Federal Government, States,
political subdivisions of States, Indian tribes or tribal
organizations (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)), or foreign governments), or demonstrated
marketplace practices pose a barrier to competitive entry
into the communications marketplace or to the competitive
expansion of existing providers of communications services;
``(4) describe the agenda of the Commission for the next 2-
year period for addressing the challenges and opportunities
in the communications marketplace that were identified
through the assessments under paragraphs (1) through (3); and
``(5) describe the actions that the Commission has taken in
pursuit of the agenda described pursuant to paragraph (4) in
the previous report submitted under this section.
``(c) Extension.--If the President designates a
Commissioner as Chairman of the Commission during the last
quarter of an even-numbered year, the portion of the report
required by subsection (b)(4) may be published on the website
of the Commission and submitted to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate as an addendum during the first quarter of the
following odd-numbered year.
``(d) Special Requirements.--
``(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission shall
consider all forms of competition, including the effect of
intermodal competition, facilities-based competition, and
competition from new and emergent communications services,
including the provision of content and communications using
the Internet.
``(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission shall
compile a list of geographical areas that are not served by
any provider of advanced telecommunications capability.
``(3) Considering small businesses.--In assessing the state
of competition under subsection (b)(1) and regulatory
barriers under subsection (b)(3), the Commission shall
consider market entry barriers for entrepreneurs and other
small businesses in the communications marketplace in
accordance with the national policy under section 257(b).''.
SEC. 402. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING
AMENDMENTS.
(a) ORBIT Act Report.--Section 646 of the Communications
Satellite Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is
repealed.
(b) Satellite Competition Report.--Section 4 of Public Law
109-34 (47 U.S.C. 703) is repealed.
(c) International Broadband Data Report.--Section 103(b)(1)
of the Broadband Data Improvement Act (47 U.S.C. 1303(b)(1))
[[Page H1980]]
is amended by striking ``the assessment and report'' and all
that follows through ``Federal Communications Commission''
and inserting ``its report under section 13 of the
Communications Act of 1934, the Federal Communications
Commission''.
(d) Status of Competition in the Market for the Delivery of
Video Programming Report.--Section 628 of the Communications
Act of 1934 (47 U.S.C. 548) is amended--
(1) by striking subsection (g);
(2) by redesignating subsection (j) as subsection (g); and
(3) by transferring subsection (g) (as redesignated) so
that it appears after subsection (f).
(e) Report on Cable Industry Prices.--Section 623(k) of the
Communications Act of 1934 (47 U.S.C. 543(k)) is amended--
(1) in paragraph (1), by striking ``annually publish'' and
inserting ``publish with its report under section 13''; and
(2) in the heading of paragraph (2), by striking
``annual''.
(f) Triennial Report Identifying and Eliminating Market
Entry Barriers for Entrepreneurs and Other Small
Businesses.--Section 257 of the Communications Act of 1934
(47 U.S.C. 257) is amended by striking subsection (c).
(g) State of Competitive Market Conditions With Respect to
Commercial Mobile Radio Services.--Section 332(c)(1)(C) of
the Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is
amended by striking the first and second sentences.
(h) Previously Eliminated Annual Report.--
(1) In general.--Section 4 of the Communications Act of
1934 (47 U.S.C. 154) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendment.--Section 309(j)(8)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) is
amended by striking the last sentence.
(i) Additional Outdated Reports.--The Communications Act of
1934 is further amended--
(1) in section 4--
(A) in subsection (b)(2)(B)(ii), by striking ``and shall
furnish notice of such action'' and all that follows through
``subject of the waiver''; and
(B) in subsection (g), by striking paragraph (2);
(2) in section 215--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b);
(3) in section 227(e), by striking paragraph (4);
(4) in section 309(j)--
(A) by striking paragraph (12); and
(B) in paragraph (15)(C), by striking clause (iv);
(5) in section 331(b), by striking the last sentence;
(6) in section 336(e), by amending paragraph (4) to read as
follows:
``(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the program
required by this subsection.'';
(7) in section 339(c), by striking paragraph (1);
(8) in section 396--
(A) by striking subsection (i);
(B) in subsection (k)--
(i) in paragraph (1), by striking subparagraph (F); and
(ii) in paragraph (3)(B)(iii), by striking subclause (V);
(C) in subsection (l)(1)(B), by striking ``shall be
included'' and all that follows through ``The audit report'';
and
(D) by striking subsection (m);
(9) in section 398(b)(4), by striking the third sentence;
(10) in section 624A(b)(1)--
(A) by striking ``Report; regulations'' and inserting
``Regulations'';
(B) by striking ``Within 1 year after'' and all that
follows through ``on means of assuring'' and inserting ``The
Commission shall issue such regulations as are necessary to
assure''; and
(C) by striking ``Within 180 days after'' and all that
follows through ``to assure such compatibility.''; and
(11) in section 713, by striking subsection (a).
SEC. 403. EFFECT ON AUTHORITY.
Nothing in this title or the amendments made by this title
shall be construed to expand or contract the authority of the
Commission.
SEC. 404. OTHER REPORTS.
Nothing in this title or the amendments made by this title
shall be construed to prohibit or otherwise prevent the
Commission from producing any additional reports otherwise
within the authority of the Commission.
TITLE V--ADDITIONAL PROVISIONS
SEC. 501. INDEPENDENT INSPECTOR GENERAL FOR FCC.
(a) Amendments.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in section 8G(a)(2), by striking ``the Federal
Communications Commission,''; and
(2) in section 12--
(A) in paragraph (1), by inserting ``, the Federal
Communications Commission,'' after ``the Chairman of the
Nuclear Regulatory Commission''; and
(B) in paragraph (2), by inserting ``the Federal
Communications Commission,'' after ``the Environmental
Protection Agency,''.
(b) Transition Rule.--An individual serving as Inspector
General of the Commission on the date of the enactment of
this Act pursuant to an appointment made under section 8G of
the Inspector General Act of 1978 (5 U.S.C. App.)--
(1) may continue so serving until the President makes an
appointment under section 3(a) of such Act with respect to
the Commission consistent with the amendments made by
subsection (a); and
(2) shall, while serving under paragraph (1), remain
subject to the provisions of section 8G of such Act which,
immediately before the date of the enactment of this Act,
applied with respect to the Inspector General of the
Commission and suffer no reduction in pay.
SEC. 502. AUTHORITY OF CHIEF INFORMATION OFFICER.
(a) In General.--The Commission shall ensure that the Chief
Information Officer of the Commission has a significant role
in--
(1) the decision-making process for annual and multi-year
planning, programming, budgeting, and execution decisions,
related reporting requirements, and reports related to
information technology;
(2) the management, governance, and oversight processes
related to information technology; and
(3) the hiring of personnel with information technology
responsibilities.
(b) CIO Approval.--The Chief Information Officer of the
Commission, in consultation with the Chief Financial Officer
of the Commission and budget officials, shall specify and
approve the allocation of amounts appropriated to the
Commission for information technology, consistent with the
provisions of appropriations Acts, budget guidelines, and
recommendations from the Director of the Office of Management
and Budget.
SEC. 503. SPOOFING PREVENTION.
(a) Expanding and Clarifying Prohibition on Misleading or
Inaccurate Caller Identification Information.--
(1) Communications from outside the united states.--Section
227(e)(1) of the Communications Act of 1934 (47 U.S.C.
227(e)(1)) is amended by striking ``in connection with any
telecommunications service or IP-enabled voice service'' and
inserting ``or any person outside the United States if the
recipient is within the United States, in connection with any
voice service or text messaging service''.
(2) Coverage of text messages and voice services.--Section
227(e)(8) of the Communications Act of 1934 (47 U.S.C.
227(e)(8)) is amended--
(A) in subparagraph (A), by striking ``telecommunications
service or IP-enabled voice service'' and inserting ``voice
service or a text message sent using a text messaging
service'';
(B) in the first sentence of subparagraph (B), by striking
``telecommunications service or IP-enabled voice service''
and inserting ``voice service or a text message sent using a
text messaging service''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) Text message.--The term `text message'--
``(i) means a message consisting of text, images, sounds,
or other information that is transmitted to or from a device
that is identified as the receiving or transmitting device by
means of a 10-digit telephone number or N11 service code;
``(ii) includes a short message service (commonly referred
to as `SMS') message and a multimedia message service
(commonly referred to as `MMS') message; and
``(iii) does not include--
``(I) a real-time, two-way voice or video communication; or
``(II) a message sent over an IP-enabled messaging service
to another user of the same messaging service, except a
message described in clause (ii).
``(D) Text messaging service.--The term `text messaging
service' means a service that enables the transmission or
receipt of a text message, including a service provided as
part of or in connection with a voice service.
``(E) Voice service.--The term `voice service'--
``(i) means any service that is interconnected with the
public switched telephone network and that furnishes voice
communications to an end user using resources from the North
American Numbering Plan or any successor to the North
American Numbering Plan adopted by the Commission under
section 251(e)(1); and
``(ii) includes transmissions from a telephone facsimile
machine, computer, or other device to a telephone facsimile
machine.''.
(3) Technical amendment.--Section 227(e) of the
Communications Act of 1934 (47 U.S.C. 227(e)) is amended in
the heading by inserting ``Misleading or'' before
``Inaccurate''.
(4) Regulations.--
(A) In general.--Section 227(e)(3)(A) of the Communications
Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended by striking
``Not later than 6 months after the date of enactment of the
Truth in Caller ID Act of 2009, the Commission'' and
inserting ``The Commission''.
(B) Deadline.--The Commission shall prescribe regulations
to implement the amendments made by this subsection not later
than 18 months after the date of enactment of this Act.
(5) Effective date.--The amendments made by this subsection
shall take effect on the date that is 6 months after the date
on
[[Page H1981]]
which the Commission prescribes regulations under paragraph
(4).
(b) Consumer Education Materials on How To Avoid Scams That
Rely Upon Misleading or Inaccurate Caller Identification
Information.--
(1) Development of materials.--Not later than 1 year after
the date of enactment of this Act, the Commission, in
coordination with the Federal Trade Commission, shall develop
consumer education materials that provide information about--
(A) ways for consumers to identify scams and other
fraudulent activity that rely upon the use of misleading or
inaccurate caller identification information; and
(B) existing technologies, if any, that a consumer can use
to protect against such scams and other fraudulent activity.
(2) Contents.--In developing the consumer education
materials under paragraph (1), the Commission shall--
(A) identify existing technologies, if any, that can help
consumers guard themselves against scams and other fraudulent
activity that rely upon the use of misleading or inaccurate
caller identification information, including--
(i) descriptions of how a consumer can use the technologies
to protect against such scams and other fraudulent activity;
and
(ii) details on how consumers can access and use the
technologies; and
(B) provide other information that may help consumers
identify and avoid scams and other fraudulent activity that
rely upon the use of misleading or inaccurate caller
identification information.
(3) Updates.--The Commission shall ensure that the consumer
education materials required under paragraph (1) are updated
on a regular basis.
(4) Website.--The Commission shall include the consumer
education materials developed under paragraph (1) on its
website.
(c) GAO Report on Combating the Fraudulent Provision of
Misleading or Inaccurate Caller Identification Information.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of the actions the Commission
and the Federal Trade Commission have taken to combat the
fraudulent provision of misleading or inaccurate caller
identification information, and the additional measures that
could be taken to combat such activity.
(2) Required considerations.--In conducting the study under
paragraph (1), the Comptroller General shall examine--
(A) trends in the types of scams that rely on misleading or
inaccurate caller identification information;
(B) previous and current enforcement actions by the
Commission and the Federal Trade Commission to combat the
practices prohibited by section 227(e)(1) of the
Communications Act of 1934 (47 U.S.C. 227(e)(1));
(C) current efforts by industry groups and other entities
to develop technical standards to deter or prevent the
fraudulent provision of misleading or inaccurate caller
identification information, and how such standards may help
combat the current and future provision of misleading or
inaccurate caller identification information; and
(D) whether there are additional actions the Commission,
the Federal Trade Commission, and Congress should take to
combat the fraudulent provision of misleading or inaccurate
caller identification information.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of the
study under paragraph (1), including any recommendations
regarding combating the fraudulent provision of misleading or
inaccurate caller identification information.
(d) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to
modify, limit, or otherwise affect any rule or order adopted
by the Commission in connection with--
(1) the Telephone Consumer Protection Act of 1991 (Public
Law 102-243; 105 Stat. 2394) or the amendments made by that
Act; or
(2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).
SEC. 504. REPORT ON PROMOTING BROADBAND INTERNET ACCESS
SERVICE FOR VETERANS.
(a) Veteran Defined.--In this section, the term ``veteran''
has the meaning given the term in section 101 of title 38,
United States Code.
(b) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Commission shall submit to
Congress a report on promoting broadband Internet access
service for veterans, in particular low-income veterans and
veterans residing in rural areas. In such report, the
Commission shall--
(1) examine such access and how to promote such access; and
(2) provide findings and recommendations for Congress with
respect to such access and how to promote such access.
(c) Public Notice and Opportunity To Comment.--In preparing
the report required by subsection (b), the Commission shall
provide the public with notice and an opportunity to comment
on broadband Internet access service for veterans, in
particular low-income veterans and veterans residing in rural
areas, and how to promote such access.
SEC. 505. METHODOLOGY FOR COLLECTION OF MOBILE SERVICE
COVERAGE DATA.
(a) Definitions.--In this section--
(1) the term ``commercial mobile data service'' has the
meaning given the term in section 6001 of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401);
(2) the term ``commercial mobile service'' has the meaning
given the term in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d));
(3) the term ``coverage data'' means, if commercial mobile
service or commercial mobile data service is available,
general information about the service, which may include
available speed tiers, radio frequency signal levels, and
network and performance characteristics; and
(4) the term ``Universal Service program'' means the
universal service support mechanisms established under
section 254 of the Communications Act of 1934 (47 U.S.C. 254)
and the regulations issued under that section.
(b) Methodology Established.--Not later than 180 days after
the conclusion of the Mobility Fund Phase II Auction, the
Commission shall promulgate regulations to establish a
methodology that shall apply to the collection of coverage
data by the Commission for the purposes of--
(1) the Universal Service program; or
(2) any other similar program.
(c) Requirements.--The methodology established under
subsection (b) shall--
(1) contain standard definitions for different available
technologies such as 2G, 3G, 4G, and 4G LTE;
(2) enhance the consistency and robustness of how the data
are collected by different parties;
(3) improve the validity and reliability of coverage data;
and
(4) increase the efficiency of coverage data collection.
SEC. 506. ACCURACY OF DISPATCHABLE LOCATION FOR 9-1-1 CALLS.
(a) Proceeding Required.--Not later than 18 months after
the date of the enactment of this Act, the Commission shall
conclude a proceeding to consider adopting rules to ensure
that the dispatchable location is conveyed with a 9-1-1 call,
regardless of the technological platform used and including
with calls from multi-line telephone systems (as defined in
section 6502 of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1471)).
(b) Relationship to Other Proceedings.--In conducting the
proceeding required by subsection (a), the Commission may
consider information and conclusions from other Commission
proceedings regarding the accuracy of the dispatchable
location for a 9-1-1 call, but nothing in this section shall
be construed to require the Commission to reconsider any
information or conclusion from a proceeding regarding the
accuracy of the dispatchable location for a 9-1-1 call in
which the Commission has adopted rules or issued an order
before the date of the enactment of this Act.
(c) Definitions.--In this section:
(1) 9-1-1 call.--The term ``9-1-1 call'' means a voice call
that is placed, or a message that is sent by other means of
communication, to a public safety answering point (as defined
in section 222 of the Communications Act of 1934 (47 U.S.C.
222)) for the purpose of requesting emergency services.
(2) Dispatchable location.--The term ``dispatchable
location'' means the street address of the calling party, and
additional information such as room number, floor number, or
similar information necessary to adequately identify the
location of the calling party.
SEC. 507. NTIA STUDY ON INTERAGENCY PROCESS FOLLOWING
CYBERSECURITY INCIDENTS.
(a) In General.--The Assistant Secretary of Commerce for
Communications and Information shall complete a study on how
the National Telecommunications and Information
Administration can best coordinate the interagency process
following cybersecurity incidents.
(b) Report to Congress.--Not later than 18 months after the
date of the enactment of this Act, the Assistant Secretary
shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report detailing
the findings and recommendations of the study conducted under
subsection (a).
SEC. 508. TRIBAL DIGITAL ACCESS.
(a) Tribal Broadband Data Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commission shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report evaluating broadband
coverage in Indian country (as defined in section 1151 of
title 18, United States Code) and on land held by a Native
Corporation pursuant to the Alaska Native Claims Settlement
Act.
(2) Required assessments.--The report required by paragraph
(1) shall include the following:
(A) An assessment of areas of Indian country (as so
defined) and land held by a Native Corporation pursuant to
the Alaska Native Claims Settlement Act that have adequate
broadband coverage.
(B) An assessment of unserved areas of Indian country (as
so defined) and land held by a Native Corporation pursuant to
the Alaska Native Claims Settlement Act.
(b) Tribal Broadband Proceeding.--Not later than 30 months
after the date of the enactment of this Act, the Commission
shall
[[Page H1982]]
complete a proceeding to address the unserved areas
identified in the report under subsection (a).
SEC. 509. TERMS OF OFFICE AND VACANCIES.
Section 4(c) of the Communications Act of 1934 (47 U.S.C.
154(c)) is amended to read as follows:
``(c)(1) A commissioner--
``(A) shall be appointed for a term of 5 years;
``(B) except as provided in subparagraph (C), may continue
to serve after the expiration of the fixed term of office of
the commissioner until a successor is appointed and has been
confirmed and taken the oath of office; and
``(C) may not continue to serve after the expiration of the
session of Congress that begins after the expiration of the
fixed term of office of the commissioner.
``(2) Any person chosen to fill a vacancy in the
Commission--
``(A) shall be appointed for the unexpired term of the
commissioner that the person succeeds;
``(B) except as provided in subparagraph (C), may continue
to serve after the expiration of the fixed term of office of
the commissioner that the person succeeds until a successor
is appointed and has been confirmed and taken the oath of
office; and
``(C) may not continue to serve after the expiration of the
session of Congress that begins after the expiration of the
fixed term of office of the commissioner that the person
succeeds.
``(3) No vacancy in the Commission shall impair the right
of the remaining commissioners to exercise all the powers of
the Commission.''.
SEC. 510. JOINT BOARD RECOMMENDATION.
The Commission may not modify, amend, or change its rules
or regulations for universal service support payments to
implement the February 27, 2004, recommendations of the
Federal-State Joint Board on Universal Service regarding
single connection or primary line restrictions on universal
service support payments.
SEC. 511. DISCLAIMER FOR PRESS RELEASES REGARDING NOTICES OF
APPARENT LIABILITY.
The Commission shall include in any press release regarding
the issuance of a notice of apparent liability under section
503(b)(4) of the Communications Act of 1934 (47 U.S.C.
503(b)(4)) a disclaimer informing consumers that--
(1) the issuance of a notice of apparent liability should
be treated only as allegations; and
(2) the amount of any forfeiture penalty proposed in a
notice of apparent liability represents the maximum penalty
that the Commission may impose for the violations alleged in
the notice of apparent liability.
SEC. 512. REPORTS RELATED TO SPECTRUM AUCTIONS.
(a) Estimate of Upcoming Auctions.--Section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) is amended by
adding at the end the following:
``(18) Estimate of upcoming auctions.--
``(A) Not later than September 30, 2018, and annually
thereafter, the Commission shall make publicly available an
estimate of what systems of competitive bidding authorized
under this subsection may be initiated during the upcoming
12-month period.
``(B) The estimate under subparagraph (A) shall, to the
extent possible, identify the bands of frequencies the
Commission expects to be included in each such system of
competitive bidding.''.
(b) Auction Expenditure Justification Report.--Not later
than April 1, 2019, and annually thereafter, the Commission
shall provide to the appropriate committees of Congress a
report containing a detailed justification for the use of
proceeds retained by the Commission under section
309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)(B)) for the costs of developing and implementing
the program required by section 309(j) of that Act.
(c) Definition.--For purposes of this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Energy and Commerce of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
TITLE VI--MOBILE NOW
SEC. 601. SHORT TITLE.
This title may be cited as the ``Making Opportunities for
Broadband Investment and Limiting Excessive and Needless
Obstacles to Wireless Act'' or the ``MOBILE NOW Act''.
SEC. 602. DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives; and
(C) each committee of the Senate or of the House of
Representatives with jurisdiction over a Federal entity
affected by the applicable section in which the term appears.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Federal entity.--The term ``Federal entity'' has the
meaning given the term in section 113(l) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(l)).
(4) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration of the
Department of Commerce.
(5) OMB.--The term ``OMB'' means the Office of Management
and Budget.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 603. IDENTIFYING 255 MEGAHERTZ.
(a) Requirements.--
(1) In general.--Not later than December 31, 2022, the
Secretary, working through the NTIA, and the Commission shall
identify a total of at least 255 megahertz of Federal and
non-Federal spectrum for mobile and fixed wireless broadband
use.
(2) Unlicensed and licensed use.--Of the spectrum
identified under paragraph (1), not less than--
(A) 100 megahertz below the frequency of 8000 megahertz
shall be identified for use on an unlicensed basis;
(B) 100 megahertz below the frequency of 6000 megahertz
shall be identified for use on an exclusive, licensed basis
for commercial mobile use, pursuant to the Commission's
authority to implement such licensing in a flexible manner,
and subject to potential continued use of such spectrum by
incumbent Federal entities in designated geographic areas
indefinitely or for such length of time stipulated in
transition plans approved by the Technical Panel under
section 113(h) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(h)) for those incumbent entities to be relocated to
alternate spectrum; and
(C) 55 megahertz below the frequency of 8000 megahertz
shall be identified for use on either a licensed or
unlicensed basis, or a combination of licensed and
unlicensed.
(3) Non-eligible spectrum.--For purposes of satisfying the
requirement under paragraph (1), the following spectrum shall
not be counted:
(A) The frequencies between 1695 and 1710 megahertz.
(B) The frequencies between 1755 and 1780 megahertz.
(C) The frequencies between 2155 and 2180 megahertz.
(D) The frequencies between 3550 and 3700 megahertz.
(E) Spectrum that the Commission determines had more than
de minimis mobile or fixed wireless broadband operations
within the band on the day before the date of enactment of
this Act.
(4) Treatment of certain other spectrum.--Spectrum
identified pursuant to this section may include eligible
spectrum, if any, identified after the date of enactment of
this Act pursuant to title X of the Bipartisan Budget Act of
2015 (Public Law 114-74).
(5) Spectrum made available on and after february 11,
2016.--Any spectrum that has been made available for licensed
or unlicensed use on and after February 11, 2016, and that
otherwise satisfies the requirements of this section may be
counted towards the requirements of this subsection.
(6) Relocation prioritized over sharing.--This section
shall be carried out in accordance with section 113(j) of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(j)).
(7) Considerations.--In identifying spectrum for use under
this section, the Secretary, working through the NTIA, and
Commission shall consider--
(A) the need to preserve critical existing and planned
Federal Government capabilities;
(B) the impact on existing State, local, and tribal
government capabilities;
(C) the international implications;
(D) the need for appropriate enforcement mechanisms and
authorities; and
(E) the importance of the deployment of wireless broadband
services in rural areas of the United States.
(b) Rules of Construction.--Nothing in this section shall
be construed--
(1) to impair or otherwise affect the functions of the
Director of OMB relating to budgetary, administrative, or
legislative proposals;
(2) to require the disclosure of classified information,
law enforcement sensitive information, or other information
that must be protected in the interest of national security;
or
(3) to affect any requirement under section 156 of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 921 note), as added by section
1062(a) of the National Defense Authorization Act for Fiscal
Year 2000, or any other relevant statutory requirement
applicable to the reallocation of Federal spectrum.
SEC. 604. MILLIMETER WAVE SPECTRUM.
(a) FCC Proceeding.--Not later than 2 years after the date
of enactment of this Act, the Commission shall publish a
notice of proposed rulemaking to consider service rules to
authorize mobile or fixed terrestrial wireless operations,
including for advanced mobile service operations, in the
radio frequency band between 42000 and 42500 megahertz.
(b) Considerations.--In conducting a rulemaking under
subsection (a), the Commission shall--
[[Page H1983]]
(1) consider how the band described in subsection (a) may
be used to provide commercial wireless broadband service,
including whether--
(A) such spectrum may be best used for licensed or
unlicensed services, or some combination thereof; and
(B) to permit additional licensed operations in such band
on a shared basis; and
(2) include technical characteristics under which the band
described in subsection (a) may be employed for mobile or
fixed terrestrial wireless operations, including any
appropriate coexistence requirements.
(c) Spectrum Made Available on and After February 11,
2016.--Any spectrum that has been made available for licensed
or unlicensed use on or after February 11, 2016, and that
otherwise satisfies the requirements of section 603 of this
title may be counted towards the requirements of section
603(a) of this title.
SEC. 605. 3 GIGAHERTZ SPECTRUM.
(a) Between 3100 Megahertz and 3550 Megahertz.--Not later
than 24 months after the date of enactment of this Act, and
in consultation with the Commission and the head of each
affected Federal agency (or a designee thereof), the
Secretary, working through the NTIA, shall submit to the
Commission and the appropriate committees of Congress a
report evaluating the feasibility of allowing commercial
wireless services, licensed or unlicensed, to share use of
the frequencies between 3100 megahertz and 3550 megahertz.
(b) Between 3700 Megahertz and 4200 Megahertz.--Not later
than 18 months after the date of enactment of this Act, after
notice and an opportunity for public comment, and in
consultation with the Secretary, working through the NTIA,
and the head of each affected Federal agency (or a designee
thereof), the Commission shall submit to the Secretary and
the appropriate committees of Congress a report evaluating
the feasibility of allowing commercial wireless services,
licensed or unlicensed, to use or share use of the
frequencies between 3700 megahertz and 4200 megahertz.
(c) Requirements.--A report under subsection (a) or (b)
shall include the following:
(1) An assessment of the operations of Federal entities
that operate Federal Government stations authorized to use
the frequencies described in that subsection.
(2) An assessment of the possible impacts of such sharing
on Federal and non-Federal users already operating on the
frequencies described in that subsection.
(3) The criteria that may be necessary to ensure shared
licensed or unlicensed services would not cause harmful
interference to Federal or non-Federal users already
operating in the frequencies described in that subsection.
(4) If such sharing is feasible, an identification of which
of the frequencies described in that subsection are most
suitable for sharing with commercial wireless services
through the assignment of new licenses by competitive
bidding, for sharing with unlicensed operations, or through a
combination of licensing and unlicensed operations.
(d) Commission Action.--The Commission, in consultation
with the NTIA, shall seek public comment on the reports
required under subsections (a) and (b), including regarding
the bands identified in such report as feasible pursuant to
subsection (c)(4).
SEC. 606. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL
PROPERTY.
(a) In General.--Section 6409 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1455) is
amended by striking subsections (b), (c), and (d) and
inserting the following:
``(b) Federal Easements, Rights-of-way, and Leases.--
``(1) Grant.--If an executive agency, a State, a political
subdivision or agency of a State, or a person, firm, or
organization applies for the grant of an easement, right-of-
way, or lease to, in, over, or on a building or other
property owned by the Federal Government for the right to
install, construct, modify, or maintain a communications
facility installation, the executive agency having control of
the building or other property may grant to the applicant, on
behalf of the Federal Government, subject to paragraph (3),
an easement, right-of-way, or lease to perform such
installation, construction, modification, or maintenance.
``(2) Application.--
``(A) In general.--The Administrator of General Services
shall develop a common form for applications for easements,
rights-of-way, and leases under paragraph (1) for all
executive agencies that, except as provided in subparagraph
(B), shall be used by all executive agencies and applicants
with respect to the buildings or other property of each such
agency.
``(B) Exception.--The requirement under subparagraph (A)
for an executive agency to use the common form developed by
the Administrator of General Services shall not apply to an
executive agency if the head of an executive agency notifies
the Administrator that the executive agency uses a
substantially similar application.
``(3) Timely consideration of applications.--
``(A) In general.--Not later than 270 days after the date
on which an executive agency receives a duly filed
application for an easement, right-of-way, or lease under
this subsection, the executive agency shall--
``(i) grant or deny, on behalf of the Federal Government,
the application; and
``(ii) notify the applicant of the grant or denial.
``(B) Explanation of denial.--If an executive agency denies
an application under subparagraph (A), the executive agency
shall notify the applicant in writing, including a clear
statement of the reasons for the denial.
``(C) Applicability of environmental laws.--Nothing in this
paragraph shall be construed to relieve an executive agency
of the requirements of division A of subtitle III of title
54, United States Code, or the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
``(D) Point of contact.--Upon receiving an application
under subparagraph (A), an executive agency shall designate
one or more appropriate individuals within the executive
agency to act as a point of contact with the applicant.
``(c) Master Contracts for Communications Facility
Installation Sitings.--
``(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 (Public Law 104-104; 110 Stat.
151) or any other provision of law, the Administrator of
General Services shall--
``(A) develop one or more master contracts that shall
govern the placement of communications facility installations
on buildings and other property owned by the Federal
Government; and
``(B) in developing the master contract or contracts,
standardize the treatment of the placement of communications
facility installations on building rooftops or facades, the
placement of communications facility installations on
rooftops or inside buildings, the technology used in
connection with communications facility installations placed
on Federal buildings and other property, and any other key
issues the Administrator of General Services considers
appropriate.
``(2) Applicability.--The master contract or contracts
developed by the Administrator of General Services under
paragraph (1) shall apply to all publicly accessible
buildings and other property owned by the Federal Government,
unless the Administrator of General Services decides that
issues with respect to the siting of a communications
facility installation on a specific building or other
property warrant nonstandard treatment of such building or
other property.
``(3) Application.--
``(A) In general.--The Administrator of General Services
shall develop a common form or set of forms for
communications facility installation siting applications
that, except as provided in subparagraph (B), shall be used
by all executive agencies and applicants with respect to the
buildings and other property of each such agency.
``(B) Exception.--The requirement under subparagraph (A)
for an executive agency to use the common form or set of
forms developed by the Administrator of General Services
shall not apply to an executive agency if the head of the
executive agency notifies the Administrator that the
executive agency uses a substantially similar application.
``(d) Definitions.--In this section:
``(1) Communications facility installation.--The term
`communications facility installation' includes--
``(A) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets, associated with the licensed or permitted
unlicensed wireless or wireline transmission of writings,
signs, signals, data, images, pictures, and sounds of all
kinds; and
``(B) any antenna or apparatus that--
``(i) is designed for the purpose of emitting radio
frequency;
``(ii) is designed to be operated, or is operating, from a
fixed location pursuant to authorization by the Federal
Communications Commission or is using duly authorized devices
that do not require individual licenses; and
``(iii) is added to a tower, building, or other structure.
``(2) Executive agency.--The term `executive agency' has
the meaning given such term in section 102 of title 40,
United States Code.''.
(b) Savings Provision.--An application for an easement,
right-of-way, or lease that was made or granted under section
6409 of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1455) before the date of enactment of this
Act shall continue, subject to that section as in effect on
the day before such date of enactment.
(c) Streamlining Broadband Facility Applications.--
(1) Definition of communications facility installation.--In
this subsection, the term ``communications facility
installation'' has the meaning given the term in section
6409(d) of the Middle Class Tax Relief and Job Creation Act
of 2012 (47 U.S.C. 1455(d)), as amended by subsection (a).
(2) Recommendations.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the NTIA, in coordination with the
Department of the Interior, the Department of Agriculture,
the Department of Defense, the Department of Transportation,
OMB, and the General Services Administration, shall develop
recommendations to streamline the process for considering
applications by those agencies under section 6409(b) of the
Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455(b)), as amended by subsection (a).
[[Page H1984]]
(B) Requirements for recommendations.--The recommendations
developed under subparagraph (A) shall include--
(i) procedures for the tracking of applications described
in subparagraph (A);
(ii) methods by which to reduce the amount of time between
the receipt of an application and the issuance of a final
decision on an application;
(iii) policies to expedite renewals of an easement,
license, or other authorization to locate communications
facility installations on land managed by the agencies
described in subparagraph (A); and
(iv) policies that would prioritize or streamline a permit
for construction in a previously-disturbed right-of-way.
(C) Report to congress.--Not later than 2 years after the
date on which the recommendations required under subparagraph
(A) are developed, the NTIA shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Homeland Security and Governmental Affairs of
the Senate, the Committee on Energy and Commerce of the House
of Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Oversight and Government Reform of the House of
Representatives a report that describes--
(i) the status of the implementation of the recommendations
developed under subparagraph (A); and
(ii) any improvements to the process for considering
applications described in subparagraph (A) that have resulted
from those recommendations, including in particular the speed
at which such applications are reviewed and a final
determination is issued.
(d) Additional Savings Provisions.--
(1) Real property authorities.--Nothing in this section, or
the amendments made by this section, shall be construed as
providing any executive agency with any new leasing or other
real property authorities not existing prior to the date of
enactment of this Act.
(2) Effect on other laws.--Nothing in this section, or the
amendments made by this section, and no actions taken
pursuant to this section, or the amendments made by this
section, shall impact a decision or determination by any
executive agency to sell, dispose of, declare excess or
surplus, lease, reuse, or redevelop any Federal real property
pursuant to title 40, United States Code, the Federal Assets
Sale and Transfer Act of 2016 (Public Law 114-287), or any
other law governing real property activities of the Federal
Government. No agreement entered into pursuant to this
section, or the amendments made by this section, may obligate
the Federal Government to hold, control, or otherwise retain
or use real property that may otherwise be deemed as excess,
surplus, or that could be otherwise sold, leased, or
redeveloped.
SEC. 607. BROADBAND INFRASTRUCTURE DEPLOYMENT.
(a) Definitions.--In this section:
(1) Appropriate state agency.--The term ``appropriate State
agency'' means a State governmental agency that is recognized
by the executive branch of the State as having the experience
necessary to evaluate and carry out projects relating to the
proper and effective installation and operation of broadband
infrastructure.
(2) Broadband infrastructure.--The term ``broadband
infrastructure'' means any buried, underground, or aerial
facility, and any wireless or wireline connection, that
enables users to send and receive voice, video, data,
graphics, or any combination thereof.
(3) Broadband infrastructure entity.--The term ``broadband
infrastructure entity'' means any entity that--
(A) installs, owns, or operates broadband infrastructure;
and
(B) provides broadband services in a manner consistent with
the public interest, convenience, and necessity, as
determined by the State.
(4) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(b) Broadband Infrastructure Deployment.--To facilitate the
installation of broadband infrastructure, the Secretary of
Transportation shall promulgate regulations to ensure that
each State that receives funds under chapter 1 of title 23,
United States Code, meets the following requirements:
(1) Broadband consultation.--The State department of
transportation, in consultation with appropriate State
agencies, shall--
(A) identify a broadband utility coordinator, that may have
additional responsibilities, whether in the State department
of transportation or in another State agency, that is
responsible for facilitating the broadband infrastructure
right-of-way efforts within the State;
(B) establish a process for the registration of broadband
infrastructure entities that seek to be included in those
broadband infrastructure right-of-way facilitation efforts
within the State;
(C) establish a process to electronically notify broadband
infrastructure entities identified under subparagraph (B) of
the State transportation improvement program on an annual
basis and provide additional notifications as necessary to
achieve the goals of this section; and
(D) coordinate initiatives carried out under this section
with other statewide telecommunication and broadband plans
and State and local transportation and land use plans,
including strategies to minimize repeated excavations that
involve the installation of broadband infrastructure in a
right-of-way.
(2) Priority.--If a State chooses to provide for the
installation of broadband infrastructure in the right-of-way
of an applicable Federal-aid highway project under this
subsection, the State department of transportation shall
carry out any appropriate measures to ensure that any
existing broadband infrastructure entities are not
disadvantaged, as compared to other broadband infrastructure
entities, with respect to the program under this subsection.
(c) Effect of Section.--This section applies only to
activities for which Federal obligations or expenditures are
initially approved on or after the date regulations under
subsection (b) become effective. Nothing in this section
establishes a mandate or requirement that a State install or
allow the installation of broadband infrastructure in a
highway right-of-way. Nothing in this section authorizes the
Secretary of Transportation to withhold or reserve funds or
approval of a project under title 23, United States Code.
SEC. 608. COMMUNICATIONS FACILITIES INSTALLATION.
(a) In General.--Section 21 of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note) is amended--
(1) in subsection (b), by adding at the end the following:
``(8) The ability of the Federal real property to support a
communications facility installation.''; and
(2) by adding at the end the following:
``(f) Definition of Communications Facility Installation.--
In this section, the term `communications facility
installation' means--
``(1) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets associated with the licensed or permitted unlicensed
wireless or wireline transmission of writings, signs,
signals, data, images, pictures, and sounds of any kind; and
``(2) any antenna or apparatus that--
``(A) is designed for the purpose of emitting radio
frequency;
``(B) is designed to be operated, or is operating, from a
fixed location pursuant to authorization by the Federal
Communications Commission or is using duly authorized devices
that do not require individual licenses; and
``(C) is added to a tower, building, or other structure.''.
(b) Public Comment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator of General Services
shall issue a notice for public comment regarding the
inclusion of a communications facility installation under
section 21 of the Federal Assets Sale and Transfer Act of
2016 (40 U.S.C. 1303 note), as amended by subsection (a) of
this section.
(2) Contents.--In seeking public comment under paragraph
(1), the Administrator shall include a request for
recommendations on--
(A) the criteria that make Federal real property capable of
supporting communications facility installations;
(B) the types of information related to the Federal real
property that should be included in the database; and
(C) other matters that the Administrator determines
necessary.
(c) Provision of Information.--
(1) In general.--Not later than 90 days after the period
for public comment under subsection (b)(1) ends, the
Administrator of General Services shall notify the head of
each Executive agency of the manner and format for submitting
such information as the Administrator determines appropriate
to the database established under section 21 of the Federal
Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note),
as amended by subsection (a) of this section.
(2) Submission.--Not later than 90 days after the date of
the notification under paragraph (1), the head of an
Executive agency shall submit the information required under
paragraph (1).
(d) State and Local Governments.--
(1) In general.--The Administrator of General Services, in
consultation with the Chairman of the Commission, the
Assistant Secretary of Commerce for Communications and
Information, the Under Secretary of Commerce for Standards
and Technology, and the Director of OMB, shall study--
(A) how to incentivize State and local governments to
provide the Administrator with information, similar to the
information required under subsection (c)(1), for inclusion
in the database described in that subsection; and
(B) the feasibility of establishing or operating a database
to which State and local governments can voluntarily submit
such information.
(2) Report on incentivizing participation by state and
local governments.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of General Services,
in consultation with the Chairman of the Commission, the
Assistant Secretary of Commerce for Communications and
Information, the Under Secretary of Commerce for Standards
and Technology, and the Director of OMB,
[[Page H1985]]
shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Energy and Commerce, the Committee on Transportation and
Infrastructure, and the Committee on Oversight and Government
Reform of the House of Representatives a report on the
findings of the study under paragraph (1), including
recommendations, if any, consistent with this section.
(B) Considerations.--The Administrator of General Services,
in preparing the report under subparagraph (A), shall--
(i) consult with State and local governments, or their
representatives, to identify for inclusion in the report the
most cost-effective options for State and local governments
to collect and provide the information described in paragraph
(1), including utilizing and leveraging State broadband
initiatives and programs; and
(ii) make recommendations on ways the Federal Government
can assist State and local governments in collecting and
providing the information described in paragraph (1).
(e) Savings Provisions.--
(1) Real property authorities.--Nothing in this section, or
an amendment made by this section, shall be construed as
providing any Executive agency with any new leasing or other
real property authority that did not exist prior to the date
of enactment of this Act.
(2) Effect on other laws.--Nothing in this section, or an
amendment made by this section, and no information submitted
pursuant to this section, or pursuant to an amendment made by
this section, shall be used to prevent or otherwise restrict
a decision or determination by any Executive agency to sell,
dispose of, declare excess or surplus, lease, reuse or
redevelop any Federal real property pursuant to--
(A) title 40 of the United States Code;
(B) the Federal Assets Sale and Transfer Act of 2016 (40
U.S.C. 1303 note); or
(C) any other law governing real property activities of the
Federal Government.
SEC. 609. REALLOCATION INCENTIVES.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the Assistant Secretary of Commerce
for Communications and Information, in consultation with the
Commission, the Director of OMB, and the head of each
affected Federal agency (or a designee thereof), after notice
and an opportunity for public comment, shall submit to the
appropriate committees of Congress a report that includes
legislative or regulatory recommendations to incentivize a
Federal entity to relinquish, or share with Federal or non-
Federal users, Federal spectrum for the purpose of allowing
commercial wireless broadband services to operate on that
Federal spectrum.
(b) Post-Auction Payments.--
(1) Report.--In preparing the report under subsection (a),
the Assistant Secretary of Commerce for Communications and
Information shall--
(A) consider whether permitting eligible Federal entities
that are implementing a transition plan submitted under
section 113(h) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(h)) to accept payments could result in access to the
eligible frequencies that are being reallocated for exclusive
non-Federal use or shared use sooner than would otherwise
occur without such payments; and
(B) include the findings under subparagraph (A), including
the analysis under paragraph (2) and any recommendations for
legislation, in the report.
(2) Analysis.--In considering payments under paragraph
(1)(A), the Assistant Secretary of Commerce for
Communications and Information shall conduct an analysis of
whether and how such payments would affect--
(A) bidding in auctions conducted under section 309(j) of
the Communications Act of 1934 (47 U.S.C. 309(j)) of such
eligible frequencies; and
(B) receipts collected from the auctions described in
subparagraph (A).
(3) Definitions.--In this subsection:
(A) Payment.--The term ``payment'' means a payment in cash
or in-kind by any auction winner, or any person affiliated
with an auction winner, of eligible frequencies during the
period after eligible frequencies have been reallocated by
competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) but prior to
the completion of relocation or sharing transition of such
eligible frequencies per transition plans approved by the
Technical Panel.
(B) Eligible frequencies.--The term ``eligible
frequencies'' has the meaning given the term in section
113(g)(2) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(g)(2)).
SEC. 610. BIDIRECTIONAL SHARING STUDY.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, including an opportunity for public
comment, the Commission, in collaboration with the NTIA,
shall--
(1) conduct a bidirectional sharing study to determine the
best means of providing Federal entities flexible access to
non-Federal spectrum on a shared basis across a range of
short-, mid-, and long-range timeframes, including for
intermittent purposes like emergency use; and
(2) submit to Congress a report on the study under
paragraph (1), including any recommendations for legislation
or proposed regulations.
(b) Considerations.--In conducting the study under
subsection (a), the Commission shall--
(1) consider the regulatory certainty that commercial
spectrum users and Federal entities need to make longer-term
investment decisions for shared access to be viable; and
(2) evaluate any barriers to voluntary commercial
arrangements in which non-Federal users could provide access
to Federal entities.
SEC. 611. UNLICENSED SERVICES IN GUARD BANDS.
(a) In General.--After public notice and comment, and in
consultation with the Assistant Secretary of Commerce for
Communications and Information and the head of each affected
Federal agency (or a designee thereof), with respect to
frequencies allocated for Federal use, the Commission shall
adopt rules that permit unlicensed services where feasible to
use any frequencies that are designated as guard bands to
protect frequencies allocated after the date of enactment of
this Act by competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)), including
spectrum that acts as a duplex gap between transmit and
receive frequencies.
(b) Limitation.--The Commission may not permit any use of a
guard band under this section that would cause harmful
interference to a licensed service or a Federal service.
(c) Rule of Construction.--Nothing in this section shall be
construed as limiting the Commission or the Assistant
Secretary of Commerce for Communications and Information from
otherwise making spectrum available for licensed or
unlicensed use in any frequency band in addition to guard
bands, including under section 603 of this title, consistent
with their statutory jurisdictions.
SEC. 612. PRE-AUCTION FUNDING.
Section 118(d)(3)(B)(i)(II) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 928(d)(3)(B)(i)(II)) is amended
by striking ``5 years'' and inserting ``8 years''.
SEC. 613. IMMEDIATE TRANSFER OF FUNDS.
Section 118(e)(1) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
928(e)(1)) is amended by adding at the end the following:
``(D) At the request of an eligible Federal entity, the
Director of the Office of Management and Budget (in this
subsection referred to as `OMB') may transfer the amount
under subparagraph (A) immediately--
``(i) after the frequencies are reallocated by competitive
bidding under section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)); or
``(ii) in the case of an incumbent Federal entity that is
incurring relocation or sharing costs to accommodate sharing
spectrum frequencies with another Federal entity, after the
frequencies from which the other eligible Federal entity is
relocating are reallocated by competitive bidding under
section 309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)), without regard to the availability of such sums in
the Fund.
``(E) Prior to the deposit of proceeds into the Fund from
an auction, the Director of OMB may borrow from the Treasury
the amount under subparagraph (A) for a transfer under
subparagraph (D). The Treasury shall immediately be
reimbursed, without interest, from funds deposited into the
Fund.''.
SEC. 614. AMENDMENTS TO THE SPECTRUM PIPELINE ACT OF 2015.
Section 1008 of the Spectrum Pipeline Act of 2015 (Public
Law 114-74; 129 Stat. 584) is amended in the matter preceding
paragraph (1) by inserting ``, after notice and an
opportunity for public comment,'' after ``the Commission''.
SEC. 615. GAO ASSESSMENT OF UNLICENSED SPECTRUM AND WI-FI USE
IN LOW-INCOME NEIGHBORHOODS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study to evaluate the availability of
broadband Internet access using unlicensed spectrum and
wireless networks in low-income neighborhoods.
(2) Requirements.--In conducting the study under paragraph
(1), the Comptroller General shall consider and evaluate--
(A) the availability of wireless Internet hot spots and
access to unlicensed spectrum in low-income neighborhoods,
particularly for elementary and secondary school-aged
children in such neighborhoods;
(B) any barriers preventing or limiting the deployment and
use of wireless networks in low-income neighborhoods;
(C) how to overcome any barriers described in subparagraph
(B), including through incentives, policies, or requirements
that would increase the availability of unlicensed spectrum
and related technologies in low-income neighborhoods; and
(D) how to encourage home broadband adoption by households
with elementary and secondary school-age children that are in
low-income neighborhoods.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on
[[Page H1986]]
Energy and Commerce of the House of Representatives a report
that--
(1) summarizes the findings of the study conducted under
subsection (a); and
(2) makes recommendations with respect to potential
incentives, policies, and requirements that could help
achieve the goals described in subparagraphs (C) and (D) of
subsection (a)(2).
SEC. 616. RULEMAKING RELATED TO PARTITIONING OR
DISAGGREGATING LICENSES.
(a) Definitions.--In this section:
(1) Covered small carrier.--The term ``covered small
carrier'' means a carrier (as defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153)) that--
(A) has not more than 1,500 employees (as determined under
section 121.106 of title 13, Code of Federal Regulations, or
any successor thereto); and
(B) offers services using the facilities of the carrier.
(2) Rural area.--The term ``rural area'' means any area
other than--
(A) a city, town, or incorporated area that has a
population of more than 20,000 inhabitants; or
(B) an urbanized area contiguous and adjacent to a city or
town that has a population of more than 50,000 inhabitants.
(b) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall initiate a
rulemaking proceeding to assess whether to establish a
program, or modify existing programs, under which a licensee
that receives a license for the exclusive use of spectrum in
a specific geographic area under section 301 of the
Communications Act of 1934 (47 U.S.C. 301) may partition or
disaggregate the license by sale or long-term lease--
(A) in order to--
(i) provide services consistent with the license; and
(ii) make unused spectrum available to--
(I) an unaffiliated covered small carrier; or
(II) an unaffiliated carrier to serve a rural area; and
(B) if the Commission finds that such a program would
promote--
(i) the availability of advanced telecommunications
services in rural areas; or
(ii) spectrum availability for covered small carriers.
(2) Considerations.--In conducting the rulemaking
proceeding under paragraph (1), the Commission shall
consider, with respect to the program proposed to be
established under that paragraph--
(A) whether reduced performance requirements with respect
to spectrum obtained through the program would facilitate
deployment of advanced telecommunications services in the
areas covered by the program;
(B) what conditions may be needed on transfers of spectrum
under the program to allow covered small carriers that obtain
spectrum under the program to build out the spectrum in a
reasonable period of time;
(C) what incentives may be appropriate to encourage
licensees to lease or sell spectrum, including--
(i) extending the term of a license granted under section
301 of the Communications Act of 1934 (47 U.S.C. 301); or
(ii) modifying performance requirements of the license
relating to the leased or sold spectrum; and
(D) the administrative feasibility of--
(i) the incentives described in subparagraph (C); and
(ii) other incentives considered by the Commission that
further the goals of this section.
(3) Forfeiture of spectrum.--If a party fails to meet any
build out requirements set by the Commission for any spectrum
sold or leased under this section, the right to the spectrum
shall be forfeited to the Commission unless the Commission
finds that there is good cause for the failure of the party.
(4) Requirement.--The Commission may offer a licensee
incentives or reduced performance requirements under this
section only if the Commission finds that doing so would
likely result in increased availability of advanced
telecommunications services in a rural area.
SEC. 617. UNLICENSED SPECTRUM POLICY.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to maximize the benefit to the people of the United
States of the spectrum resources of the United States;
(2) to advance innovation and investment in wireless
broadband services; and
(3) to promote spectrum policy that makes available on an
unlicensed basis radio frequency bands to address consumer
demand for unlicensed wireless broadband operations.
(b) Commission Responsibilities.--The Commission shall
ensure that the efforts of the Commission related to spectrum
allocation and assignment made available on an unlicensed
basis radio frequency bands to address demand for unlicensed
wireless broadband operations if doing so is, after taking
into account the future needs of homeland security, national
security, and other spectrum users--
(1) reasonable; and
(2) in the public interest.
(c) Rule of Construction.--Nothing in this section confers
any additional rights on unlicensed users or users licensed
by rule under part 96 of title 47, Code of Federal
Regulations, to protection from harmful interference.
SEC. 618. NATIONAL PLAN FOR UNLICENSED SPECTRUM.
(a) Definitions.--In this section:
(1) Spectrum relocation fund.--The term ``Spectrum
Relocation Fund'' means the Fund established under section
118 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928).
(2) Unlicensed or licensed by rule operations.--The term
``unlicensed or licensed by rule operations'' means the use
of spectrum on a non-exclusive basis under--
(A) part 15 of title 47, Code of Federal Regulations; or
(B) licensing by rule under part 96 of title 47, Code of
Federal Regulations.
(b) National Plan.--Not later than 18 months after the date
of enactment of this Act, the Commission, in consultation
with the NTIA, shall develop a national plan for making
additional radio frequency bands available for unlicensed or
licensed by rule operations.
(c) Requirements.--The plan developed under this section
shall--
(1) identify an approach that ensures that consumers have
access to additional spectrum to conduct unlicensed or
licensed by rule operations in a range of radio frequencies
to meet consumer demand;
(2) recommend specific actions by the Commission and the
NTIA to permit unlicensed or licensed by rule operations in
additional radio frequency ranges that the Commission finds--
(A) are consistent with the statement of policy under
section 617(a) of this title;
(B) will--
(i) expand opportunities for unlicensed or licensed by rule
operations in a spectrum band; or
(ii) otherwise improve spectrum utilization and intensity
of use of bands where unlicensed or licensed by rule
operations are already permitted;
(C) will not cause harmful interference to Federal or non-
Federal users of such bands; and
(D) will not significantly impact homeland security or
national security communications systems; and
(3) examine additional ways, with respect to existing and
planned databases or spectrum access systems designed to
promote spectrum sharing and access to spectrum for
unlicensed or licensed by rule operations--
(A) to improve accuracy and efficacy;
(B) to reduce burdens on consumers, manufacturers, and
service providers; and
(C) to protect sensitive Government information.
(d) Spectrum Relocation Fund.--To be included as an
appendix as part of the plan developed under this section,
the NTIA, in consultation with the Director of the Office of
Management and Budget, shall share with the Commission
recommendations about how to reform the Spectrum Relocation
Fund--
(1) to address costs incurred by Federal entities related
to sharing radio frequency bands with radio technologies
conducting unlicensed or licensed by rule operations; and
(2) to ensure the Spectrum Relocation Fund has sufficient
funds to cover--
(A) the costs described in paragraph (1); and
(B) other expenditures allowed of the Spectrum Relocation
Fund under section 118 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 928).
(e) Report Required.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report that describes
the plan developed under this section, including any
recommendations for legislative change.
(2) Publication on commission website.--Not later than the
date on which the Commission submits the report under
paragraph (1), the Commission shall make the report publicly
available on the website of the Commission.
(f) Rule of Construction.--Nothing in this section confers
any additional rights on unlicensed users or users licensed
by rule under part 96 of title 47, Code of Federal
Regulations, to protection from harmful interference.
SEC. 619. SPECTRUM CHALLENGE PRIZE.
(a) Short Title.--This section may be cited as the
``Spectrum Challenge Prize Act''.
(b) Definition of Prize Competition.--In this section, the
term ``prize competition'' means a prize competition
conducted by the Secretary under subsection (c)(1).
(c) Spectrum Challenge Prize.--
(1) In general.--The Secretary, in consultation with the
Assistant Secretary of Commerce for Communications and
Information and the Under Secretary of Commerce for Standards
and Technology, shall, subject to the availability of funds
for prize competitions under this section--
(A) conduct prize competitions to dramatically accelerate
the development and commercialization of technology that
improves spectrum efficiency and is capable of cost-effective
deployment; and
(B) define a measurable set of performance goals for
participants in the prize competitions to demonstrate their
solutions on a level playing field while making a significant
advancement over the current state of the art.
[[Page H1987]]
(2) Authority of secretary.--In carrying out paragraph (1),
the Secretary may--
(A) enter into a grant, contract, cooperative agreement, or
other agreement with a private sector for-profit or nonprofit
entity to administer the prize competitions;
(B) invite the Defense Advanced Research Projects Agency,
the Commission, the National Aeronautics and Space
Administration, the National Science Foundation, or any other
Federal agency to provide advice and assistance in the design
or administration of the prize competitions; and
(C) award not more than $5,000,000, in the aggregate, to
the winner or winners of the prize competitions.
(d) Criteria.--Not later than 180 days after the date on
which funds for prize competitions are made available
pursuant to this section, the Commission shall publish a
technical paper on spectrum efficiency providing criteria
that may be used for the design of the prize competitions.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 620. WIRELESS TELECOMMUNICATIONS TAX AND FEE COLLECTION
FAIRNESS.
(a) Short Title.--This section may be cited as the
``Wireless Telecommunications Tax and Fee Collection Fairness
Act''.
(b) Definitions.--In this section:
(1) Financial transaction.--The term ``financial
transaction'' means a transaction in which the purchaser or
user of a wireless telecommunications service upon whom a
tax, fee, or surcharge is imposed gives cash, credit, or any
other exchange of monetary value or consideration to the
person who is required to collect or remit the tax, fee, or
surcharge.
(2) Local jurisdiction.--The term ``local jurisdiction''
means a political subdivision of a State.
(3) State.--The term ``State'' means any of the several
States, the District of Columbia, and any territory or
possession of the United States.
(4) State or local jurisdiction.--The term ``State or local
jurisdiction'' includes any governmental entity or person
acting on behalf of a State or local jurisdiction that has
the authority to assess, impose, levy, or collect taxes or
fees.
(5) Wireless telecommunications service.--The term
``wireless telecommunications service'' means a commercial
mobile radio service, as defined in section 20.3 of title 47,
Code of Federal Regulations, or any successor thereto.
(c) Financial Transaction Requirement.--
(1) In general.--A State, or a local jurisdiction of a
State, may not require a person who is neither a resident of
such State or local jurisdiction nor an entity having its
principal place of business in such State or local
jurisdiction to collect from, or remit on behalf of, any
other person a State or local tax, fee, or surcharge imposed
on a purchaser or user with respect to the purchase or use of
any wireless telecommunications service within the State
unless the collection or remittance is in connection with a
financial transaction.
(2) Rule of construction.--Nothing in this subsection shall
be construed to affect the right of a State or local
jurisdiction to require the collection of any tax, fee, or
surcharge in connection with a financial transaction.
(d) Enforcement.--
(1) Private right of action.--Any person aggrieved by a
violation of subsection (c) may bring a civil action in an
appropriate district court of the United States for equitable
relief in accordance with paragraph (2) of this subsection.
(2) Jurisdiction of district courts.--Notwithstanding
section 1341 of title 28, United States Code, or the
constitution or laws of any State, the district courts of the
United States shall have jurisdiction, without regard to the
amount in controversy or citizenship of the parties, to grant
such mandatory or prohibitive injunctive relief, interim
equitable relief, and declaratory judgments as may be
necessary to prevent, restrain, or terminate any acts in
violation of subsection (c).
SEC. 621. RULES OF CONSTRUCTION.
(a) Ranges of Frequencies.--Each range of frequencies
described in this title shall be construed to be inclusive of
the upper and lower frequencies in the range.
(b) Assessment of Electromagnetic Spectrum Reallocation.--
Nothing in this title shall be construed to affect any
requirement under section 156 of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 921 note), as added by section
1062(a) of the National Defense Authorization Act for Fiscal
Year 2000.
SEC. 622. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF AND JOB
CREATION ACT OF 2012.
Nothing in this title shall be construed to limit,
restrict, or circumvent in any way the implementation of the
nationwide public safety broadband network defined in section
6001 of title VI of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1401) or any rules
implementing that network under title VI of that Act (47
U.S.C. 1401 et seq.).
SEC. 623. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to
carry out this title, or the amendments made by this title.
This title, and the amendments made by this title, shall be
carried out using amounts otherwise authorized.
DIVISION Q--KEVIN AND AVONTE'S LAW
SECTION 1. SHORT TITLE.
This division may be cited as the ``Kevin and Avonte's Law
of 2018''.
TITLE I--MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM
REAUTHORIZATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Missing Americans Alert
Program Act of 2018''.
SEC. 102. REAUTHORIZATION OF THE MISSING ALZHEIMER'S DISEASE
PATIENT ALERT PROGRAM.
(a) Amendments.--Section 240001 of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12621) is
amended--
(1) in the section header, by striking ``alzheimer's
disease patient'' and inserting ``americans'';
(2) by striking subsection (a) and inserting the following:
``(a) Grant Program To Reduce Injury and Death of Missing
Americans With Dementia and Developmental Disabilities.--
Subject to the availability of appropriations to carry out
this section, the Attorney General, through the Bureau of
Justice Assistance and in consultation with the Secretary of
Health and Human Services--
``(1) shall award competitive grants to health care
agencies, State and local law enforcement agencies, or public
safety agencies and nonprofit organizations to assist such
entities in planning, designing, establishing, or operating
locally based, proactive programs to prevent wandering and
locate missing individuals with forms of dementia, such as
Alzheimer's Disease, or developmental disabilities, such as
autism, who, due to their condition, wander from safe
environments, including programs that--
``(A) provide prevention and response information,
including online training resources, and referrals to
families or guardians of such individuals who, due to their
condition, wander from a safe environment;
``(B) provide education and training, including online
training resources, to first responders, school personnel,
clinicians, and the public in order to--
``(i) increase the safety and reduce the incidence of
wandering of persons, who, due to their dementia or
developmental disabilities, may wander from safe
environments;
``(ii) facilitate the rescue and recovery of individuals
who, due to their dementia or developmental disabilities,
wander from safe environments; and
``(iii) recognize and respond to and appropriately interact
with endangered missing individuals with dementia or
developmental disabilities who, due to their condition,
wander from safe environments;
``(C) provide prevention and response training and
emergency protocols for school administrators, staff, and
families or guardians of individuals with dementia, such as
Alzheimer's Disease, or developmental disabilities, such as
autism, to help reduce the risk of wandering by such
individuals; and
``(D) develop, operate, or enhance a notification or
communications systems for alerts, advisories, or
dissemination of other information for the recovery of
missing individuals with forms of dementia, such as
Alzheimer's Disease, or with developmental disabilities, such
as autism; and
``(2) shall award grants to health care agencies, State and
local law enforcement agencies, or public safety agencies to
assist such agencies in designing, establishing, and
operating locative tracking technology programs for
individuals with forms of dementia, such as Alzheimer's
Disease, or children with developmental disabilities, such as
autism, who have wandered from safe environments.'';
(3) in subsection (b)--
(A) by inserting ``competitive'' after ``to receive a'';
(B) by inserting ``agency or'' before ``organization'' each
place it appears; and
(C) by adding at the end the following: ``The Attorney
General shall periodically solicit applications for grants
under this section by publishing a request for applications
in the Federal Register and by posting such a request on the
website of the Department of Justice.''; and
(4) by striking subsections (c) and (d) and inserting the
following:
``(c) Preference.--In awarding grants under subsection
(a)(1), the Attorney General shall give preference to law
enforcement or public safety agencies that partner with
nonprofit organizations that appropriately use person-
centered plans minimizing restrictive interventions and that
have a direct link to individuals, and families of
individuals, with forms of dementia, such as Alzheimer's
Disease, or developmental disabilities, such as autism.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$2,000,000 for each of fiscal years 2018 through 2022.
``(e) Grant Accountability.--All grants awarded by the
Attorney General under this section shall be subject to the
following accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term `unresolved
audit finding' means a finding in the final audit report of
the Inspector General of the Department of Justice that the
audited grantee has utilized grant funds for an unauthorized
expenditure or otherwise
[[Page H1988]]
unallowable cost that is not closed or resolved within 12
months from the date when the final audit report is issued.
``(B) Audits.--Beginning in the first fiscal year beginning
after the date of enactment of this subsection, and in each
fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants under this section to prevent waste, fraud, and abuse
of funds by grantees. The Inspector General shall determine
the appropriate number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant funds
under this section that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under
this section during the first 2 fiscal years beginning after
the end of the 12-month period described in subparagraph (A).
``(D) Priority.--In awarding grants under this section, the
Attorney General shall give priority to eligible applicants
that did not have an unresolved audit finding during the 3
fiscal years before submitting an application for a grant
under this section.
``(E) Reimbursement.--If an entity is awarded grant funds
under this section during the 2-fiscal-year period during
which the entity is barred from receiving grants under
subparagraph (C), the Attorney General shall--
``(i) deposit an amount equal to the amount of the grant
funds that were improperly awarded to the grantee into the
General Fund of the Treasury; and
``(ii) seek to recoup the costs of the repayment to the
fund from the grant recipient that was erroneously awarded
grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition of nonprofit organization.--For purposes
of this paragraph and the grant programs under this section,
the term `nonprofit organization' means an organization that
is described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section 501(a)
of such Code.
``(B) Prohibition.--The Attorney General may not award a
grant under this section to a nonprofit organization that
holds money in offshore accounts for the purpose of avoiding
paying the tax described in section 511(a) of the Internal
Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that is
awarded a grant under this section and uses the procedures
prescribed in regulations to create a rebuttable presumption
of reasonableness for the compensation of its officers,
directors, trustees, and key employees, shall disclose to the
Attorney General, in the application for the grant, the
process for determining such compensation, including the
independent persons involved in reviewing and approving such
compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make the
information disclosed under this subparagraph available for
public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts made available to the
Department of Justice under this section may be used by the
Attorney General, or by any individual or entity awarded
discretionary funds through a cooperative agreement under
this section, to host or support any expenditure for
conferences that uses more than $20,000 in funds made
available by the Department of Justice, unless the head of
the relevant agency or department, provides prior written
authorization that the funds may be expended to host the
conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of all
costs associated with the conference, including the cost of
all food, beverages, audio-visual equipment, honoraria for
speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved under
this paragraph.
``(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this
subsection, the Attorney General shall submit, to the
Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the House of
Representatives, an annual certification--
``(A) indicating whether--
``(i) all audits issued by the Office of the Inspector
General under paragraph (1) have been completed and reviewed
by the appropriate Assistant Attorney General or Director;
``(ii) all mandatory exclusions required under paragraph
(1)(C) have been issued; and
``(iii) all reimbursements required under paragraph (1)(E)
have been made; and
``(B) that includes a list of any grant recipients excluded
under paragraph (1) from the previous year.
``(f) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this section, the Attorney
General shall compare potential grant awards with other
grants awarded by the Attorney General to determine if grant
awards are or have been awarded for a similar purpose.
``(2) Report.--If the Attorney General awards grants to the
same applicant for a similar purpose the Attorney General
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report that includes--
``(A) a list of all such grants awarded, including the
total dollar amount of any such grants awarded; and
``(B) the reason the Attorney General awarded multiple
grants to the same applicant for a similar purpose.''.
(b) Annual Report.--Not later than 2 years after the date
of enactment of this Act and every year thereafter, the
Attorney General shall submit to the Committee on the
Judiciary and the Committee on Appropriations of the Senate
and the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives a report on
the Missing Americans Alert Program, as amended by subsection
(a), which shall address--
(1) the number of individuals who benefitted from the
Missing Americans Alert Program, including information such
as the number of individuals with reduced unsafe wandering,
the number of people who were trained through the program,
and the estimated number of people who were impacted by the
program;
(2) the number of State, local, and tribal law enforcement
or public safety agencies that applied for funding under the
Missing Americans Alert Program;
(3) the number of State, local, and tribal local law
enforcement or public safety agencies that received funding
under the Missing Americans Alert Program, including--
(A) the number of State, local, and tribal law enforcement
or public safety agencies that used such funding for
training; and
(B) the number of State, local, and tribal law enforcement
or public safety agencies that used such funding for
designing, establishing, or operating locative tracking
technology;
(4) the companies, including the location (city and State)
of the headquarters and local offices of each company, for
which their locative tracking technology was used by State,
local, and tribal law enforcement or public safety agencies;
(5) the nonprofit organizations, including the location
(city and State) of the headquarters and local offices of
each organization, that State, local, and tribal law
enforcement or public safety agencies partnered with and the
result of each partnership;
(6) the number of missing children with autism or another
developmental disability with wandering tendencies or adults
with Alzheimer's being served by the program who went missing
and the result of the search for each such individual; and
(7) any recommendations for improving the Missing Americans
Alert Program.
(c) Table of Contents.--The table of contents in section 2
of the Violent Crime Control and Law Enforcement Act of 1994
is amended by striking the item relating to section 240001
and inserting the following:
``Sec. 240001. Missing Americans Alert Program.''.
TITLE II--EDUCATION AND OUTREACH
SEC. 201. ACTIVITIES BY THE NATIONAL CENTER FOR MISSING AND
EXPLOITED CHILDREN.
Section 404(b)(1)(H) of the Missing Children's Assistance
Act (34 U.S.C. 11293(b)(1)(H)) is amended by inserting ``,
including cases involving children with developmental
disabilities such as autism'' before the semicolon.
TITLE III--PRIVACY PROTECTIONS
SEC. 301. DEFINITIONS.
In this title:
(1) Child.--The term ``child'' means an individual who is
less than 18 years of age.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
(3) Law enforcement agency.--The term ``law enforcement
agency'' means an agency of a State, unit of local
government, or Indian tribe that is authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(4) Non-invasive and non-permanent.--The term ``non-
invasive and non-permanent'' means, with regard to any
technology or device, that the procedure to install the
technology or device does not create an external or internal
marker or implant a device, such as a microchip, or other
trackable items.
(5) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, American Samoa, Guam, and
the Commonwealth of the Northern Mariana Islands.
(6) Unit of local government.--The term ``unit of local
government'' means a county, municipality, town, township,
village, parish, borough, or other unit of general government
below the State level.
SEC. 302. STANDARDS AND BEST PRACTICES FOR USE OF NON-
INVASIVE AND NON-PERMANENT TRACKING DEVICES.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, in consultation
with the Secretary of Health and Human Services and leading
research, advocacy, self-advocacy, and service organizations,
shall establish standards and best practices relating to the
use of non-invasive and non-permanent tracking technology,
where a guardian or parent has determined that a non-invasive
[[Page H1989]]
and non-permanent tracking device is the least restrictive
alternative, to locate individuals as described in subsection
(a)(2) of section 240001 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12621), as added by this
Act.
(2) Requirements.--In establishing the standards and best
practices required under paragraph (1), the Attorney General
shall--
(A) determine--
(i) the criteria used to determine which individuals would
benefit from the use of a tracking device;
(ii) the criteria used to determine who should have direct
access to the tracking system; and
(iii) which non-invasive and non-permanent types of
tracking devices can be used in compliance with the standards
and best practices; and
(B) establish standards and best practices the Attorney
General determines are necessary to the administration of a
tracking system, including procedures to--
(i) safeguard the privacy of the data used by the tracking
device such that--
(I) access to the data is restricted to law enforcement and
health agencies determined necessary by the Attorney General;
and
(II) collection, use, and retention of the data is solely
for the purpose of preventing injury to or death of the
individual wearing the tracking device;
(ii) establish criteria to determine whether use of the
tracking device is the least restrictive alternative in order
to prevent risk of injury or death before issuing the
tracking device, including the previous consideration of less
restrictive alternatives;
(iii) provide training for law enforcement agencies to
recognize signs of abuse during interactions with applicants
for tracking devices;
(iv) protect the civil rights and liberties of the
individuals who use tracking devices, including their rights
under the Fourth Amendment to the Constitution of the United
States and title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.);
(v) establish a complaint and investigation process to
address--
(I) incidents of noncompliance by recipients of grants
under subsection (a)(2) of section 240001 of the Violent
Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12621), as added by this Act, with the best practices
established by the Attorney General or other applicable law;
and
(II) use of a tracking device over the objection of an
individual; and
(vi) determine the role that State agencies should have in
the administration of a tracking system.
(3) Effective date.--The standards and best practices
established pursuant to paragraph (1) shall take effect 90
days after publication of such standards and practices by the
Attorney General.
(b) Required Compliance.--
(1) In general.--Each entity that receives a grant under
subsection (a)(2) of section 240001 of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12621), as
added by this Act, shall comply with any standards and best
practices relating to the use of tracking devices established
by the Attorney General in accordance with subsection (a).
(2) Determination of compliance.--The Attorney General, in
consultation with the Secretary of Health and Human Services,
shall determine whether an entity that receives a grant under
subsection (a)(2) of section 240001 of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12621), as
added by this Act, acts in compliance with the standards and
best practices described in paragraph (1).
(c) Applicability of Standards and Best Practices.--The
standards and best practices established by the Attorney
General under subsection (a) shall apply only to the grant
programs authorized under subsection (a)(2) of section 240001
of the Violent Crime Control and Law Enforcement Act of 1994
(34 U.S.C. 12621), as added by this Act.
(d) Limitations on Program.--
(1) Data storage.--Any tracking data provided by tracking
devices issued under this program may not be used by a
Federal entity to create a database.
(2) Voluntary participation.--Nothing in this Act may be
construed to require that a parent or guardian use a tracking
device to monitor the location of a child or adult under that
parent or guardian's supervision if the parent or guardian
does not believe that the use of such device is necessary or
in the interest of the child or adult under supervision.
DIVISION R--TARGET ACT
SECTION 1. SHORT TITLES.
This division may be cited as the ``Targeted Rewards for
the Global Eradication of Human Trafficking'' or the ``TARGET
Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Trafficking in persons is a major transnational crime,
as recognized by the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7101 et seq.; division A of Public Law 106-
386).
(2) Trafficking in persons is increasingly perpetrated by
organized, sophisticated criminal enterprises.
(3) Combating trafficking in persons requires a global
approach to identifying and apprehending the world's worst
human trafficking rings.
(b) Sense of Congress.--It is the sense of Congress that
the Department of State's rewards program is a powerful tool
in combating sophisticated international crime and that the
Department of State and Federal law enforcement should work
in concert to offer rewards that target human traffickers who
prey on the most vulnerable people around the world.
SEC. 3. REWARDS FOR JUSTICE.
Section 36(k)(5) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2708(k)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``means'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses, as
redesignated, 2 ems to the right;
(3) by inserting before clause (i), as redesignated, the
following:
``(A) means--'';
(4) in clause (ii), as redesignated, by striking the period
at the end and inserting ``; and''; and
(5) by adding at the end following:
``(B) includes severe forms of trafficking in persons (as
defined in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102)) involving at least 1
jurisdiction outside of the United States.''.
DIVISION S--OTHER MATTER
TITLE I--CHILD PROTECTION IMPROVEMENTS ACT
SEC. 101. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND
CRIMINAL HISTORY REVIEW PROGRAM.
(a) In General.--The National Child Protection Act of 1993
(34 U.S.C. 40101 et seq.) is amended--
(1) in section 3 (34 U.S.C. 40102)--
(A) by striking ``provider'' each place it appears and
inserting ``covered individual'';
(B) by striking ``provider's'' each place it appears and
inserting ``covered individual's'';
(C) by amending subsection (a)(3) to read as follows:
``(3)(A) The Attorney General shall establish a program, in
accordance with this section, to provide qualified entities
located in States that do not have in effect procedures
described in paragraph (1), or qualified entities located in
States that do not prohibit the use of the program
established under this paragraph, with access to national
criminal history background checks on, and criminal history
reviews of, covered individuals. In any case where the use of
a Federal national criminal history background check program
is required pursuant to Federal law as of the effective date
of this subparagraph, the program under this subparagraph may
not be used.
``(B) A qualified entity described in subparagraph (A) may
submit to the appropriate designated entity a request for a
national criminal history background check on, and a criminal
history review of, a covered individual. Qualified entities
making a request under this paragraph shall comply with the
guidelines set forth in subsection (b), and with any
additional applicable procedures set forth by the Attorney
General or by the State in which the entity is located.'';
(D) in subsection (b)--
(i) in paragraph (1)(E), by striking ``unsupervised'';
(ii) by amending paragraph (2) to read as follows:
``(2) that the State, or in a State that does not have in
effect procedures described in subsection (a)(1), the
designated entity, ensures that--
``(A) each covered individual who is the subject of a
background check under subsection (a) is entitled to obtain a
copy of any background check report;
``(B) each covered individual who is the subject of a
background check under subsection (a) is provided a process
by which the covered individual may appeal the results of the
background check to challenge the accuracy or completeness of
the information contained in the background report of the
covered individual and obtain a prompt determination as to
the validity of such challenge before a final determination
is made by the authorized agency;
``(C)(i) each covered individual described in subparagraph
(B) is given notice of the opportunity to appeal;
``(ii) each covered individual described in subparagraph
(B) will receive instructions on how to complete the appeals
process if the covered individual wishes to challenge the
accuracy or completeness of the information contained in the
background report of the covered individual; and
``(iii) the appeals process is completed in a timely manner
for each covered individual described in subparagraph (B);
``(iv) the appeals process is consistent with title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); and
``(D) an authorized agency, upon receipt of a background
check report lacking disposition data, shall conduct research
in whatever State and local recordkeeping systems are
available in order to obtain complete data;'';
(iii) in paragraph (3), by inserting ``or designated
entity, as applicable,'' after ``authorized agency''; and
(iv) in paragraph (4), by inserting ``or designated entity,
as applicable,'' after ``authorized agency'';
(E) in subsection (d), by inserting ``, nor shall any
designated entity nor any officer or employee thereof,''
after ``officer or employee thereof,'';
(F) by amending subsection (e) to read as follows:
``(e) Fees.--
[[Page H1990]]
``(1) State program.--In the case of a background check
conducted pursuant to a State requirement adopted after
December 20, 1993, conducted with fingerprints on a covered
individual, the fees collected by authorized State agencies
and the Federal Bureau of Investigation may not exceed the
actual cost of the background check conducted with
fingerprints.
``(2) Federal program.--In the case of a national criminal
history background check and criminal history review
conducted pursuant to the procedures established pursuant to
subsection (a)(3), the fees collected by a designated entity
shall be set at a level that will ensure the recovery of the
full costs of providing all such services. The designated
entity shall remit the appropriate portion of such fee to the
Attorney General, which amount is in accordance with the
amount published in the Federal Register to be collected for
the provision of a criminal history background check by the
Federal Bureau of Investigation.
``(3) Ensuring fees do not discourage volunteers.--A fee
system under this subsection shall be established in a manner
that ensures that fees to qualified entities for background
checks do not discourage volunteers from participating in
programs to care for children, the elderly, or individuals
with disabilities. A fee charged to a qualified entity that
is not organized under section 501(c)(3) of the Internal
Revenue Code of 1986 may not be less than the total sum of
the costs of the Federal Bureau of Investigation and the
designated entity.''; and
(G) by inserting after subsection (e) the following:
``(f) National Criminal History Background Check and
Criminal History Review Program.--
``(1) National criminal history background check.--Upon a
designated entity receiving notice of a request submitted by
a qualified entity pursuant to subsection (a)(3), the
designated entity shall forward the request to the Attorney
General, who shall, acting through the Director of the
Federal Bureau of Investigation, complete a fingerprint-based
check of the national criminal history background check
system, and provide the information received in response to
such national criminal history background check to the
appropriate designated entity. The designated entity may,
upon request from a qualified entity, complete a check of a
State criminal history database.
``(2) Criminal history review.--
``(A) Designated entities.--The Attorney General shall
designate, and enter into an agreement with, one or more
entities to make determinations described in subparagraph
(B). The Attorney General may not designate and enter into an
agreement with a Federal agency under this subparagraph.
``(B) Determinations.--A designated entity shall, upon the
receipt of the information described in paragraph (1), make a
determination of fitness described in subsection (b)(4),
using the criteria described in subparagraph (C).
``(C) Criminal history review criteria.--The Attorney
General shall, by rule, establish the criteria for use by
designated entities in making a determination of fitness
described in subsection (b)(4). Such criteria shall be based
on the criteria established pursuant to section
108(a)(3)(G)(i) of the Prosecutorial Remedies and Other Tools
to end the Exploitation of Children Today Act of 2003 (34
U.S.C. 40102 note) and section 658H of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858f).''; and
(2) in section 5 (34 U.S.C. 40104)--
(A) by amending paragraph (9) to read as follows:
``(9) the term `covered individual' means an individual--
``(A) who has, seeks to have, or may have access to
children, the elderly, or individuals with disabilities,
served by a qualified entity; and
``(B) who--
``(i) is employed by or volunteers with, or seeks to be
employed by or volunteer with, a qualified entity; or
``(ii) owns or operates, or seeks to own or operate, a
qualified entity;'';
(B) in paragraph (10), by striking ``and'' at the end;
(C) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(D) by inserting after paragraph (11) the following:
``(12) the term `designated entity' means an entity
designated by the Attorney General under section
3(f)(2)(A).''.
(b) Implementation.--The Attorney General shall ensure that
this section and the amendments made by this section are
fully implemented not later than 1 year after the date of
enactment of this section.
TITLE II--SAVE AMERICA'S PASTIME ACT
SEC. 201. APPLICATION OF THE FAIR LABOR STANDARDS ACT OF 1938
TO MINOR LEAGUE BASEBALL PLAYERS.
(a) In General.--Section 13(a) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 213(a)) is amended--
(1) in paragraph (18), by striking the period and inserting
``; or''; and
(2) by adding at the end the following:
``(19) any employee employed to play baseball who is
compensated pursuant to a contract that provides for a weekly
salary for services performed during the league's
championship season (but not spring training or the off
season) at a rate that is not less than a weekly salary equal
to the minimum wage under section 6(a) for a workweek of 40
hours, irrespective of the number of hours the employee
devotes to baseball related activities.''.
(b) Effective Date.--This section, and the amendments made
by this section, shall take effect on the date of enactment
of this Act.
TITLE III--KEEP YOUNG ATHLETES SAFE ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Keep Young Athletes Safe
Act of 2018''.
SEC. 302. GRANT TO PROTECT YOUNG ATHLETES FROM ABUSE.
(a) In General.--Chapter 2205 of title 36, United States
Code, is amended by adding at the end the following:
``SUBCHAPTER III--GRANT TO KEEP YOUNG ATHLETES SAFE
``Sec. 220531. Grant to protect young athletes from abuse
``(a) Authority.--The Attorney General may award a grant to
an eligible nonprofit nongovernmental entity in order to
support oversight of the United States Olympic Committee,
each national governing body, and each paralympic sports
organization with regard to safeguarding amateur athletes
against abuse, including emotional, physical, and sexual
abuse in sports.
``(b) Applications.--To be eligible to receive a grant
under this section, a nonprofit nongovernmental entity shall
submit an application to the Attorney General at such time,
in such manner, and containing such information as the
Attorney General may require, including information that
demonstrates that the entity has--
``(1) nationally recognized expertise in preventing and
investigating emotional, physical, and sexual abuse in the
athletic programs of the United States Olympic Committee,
each national governing body, and each paralympic sports
organization; and
``(2) the capacity to oversee regular and random audits to
ensure that the policies and procedures used by the United
States Olympic Committee, each national governing body, and
each paralympic sports organization to prevent and identify
the abuse of an amateur athlete are followed correctly.
``(c) Use of Grant Amount.--An entity that receives a grant
under this section may use such funds--
``(1) to develop and test new training materials for
emotional, physical, and sexual abuse prevention and
identification education in youth athletic programs;
``(2) for staff salaries, travel expenses, equipment,
printing, and other reasonable expenses necessary to develop,
maintain, and disseminate to the United States Olympic
Committee, each national governing body, each paralympic
sports organization, and other amateur sports organizations
information about safeguarding amateur athletes against
abuse, including emotional, physical, and sexual abuse in
sports; and
``(3) to oversee the administration of the procedures
described in subsection (b)(2).
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $2,500,000 for each of the fiscal
years 2018 through 2022.
``(2) Availability of grant funds.--Funds appropriated
under this section shall remain available until expended.''.
(b) Clerical Amendment.--The table of sections for chapter
2205 of title 36, United States Code, is amended by inserting
after the item related to section 220529 the following:
``subchapter iii--grant to keep young athletes safe
``220531. Grant to protect young athletes from abuse.''.
TITLE IV--CONSENT OF CONGRESS TO AMENDMENTS TO THE CONSTITUTION OF THE
STATE OF ARIZONA
SEC. 401. CONSENT OF CONGRESS TO AMENDMENTS TO THE
CONSTITUTION OF THE STATE OF ARIZONA.
Congress consents to the amendments to the Constitution of
the State of Arizona proposed by House Concurrent Resolution
2001 of the 52nd Legislature of the State of Arizona, First
Special Session, 2015, entitled ``A Concurrent Resolution
Proposing an Amendment to the Constitution of Arizona;
Amending Article X, Section 7, Constitution of Arizona;
Amending Article XI, Constitution of Arizona, by Adding
Section 11; Relating to Education Finance'', approved by the
voters of the State of Arizona at the special election held
on May 17, 2016.
TITLE V--STOP SCHOOL VIOLENCE ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Student, Teachers, and
Officers Preventing School Violence Act of 2018'' or the
``STOP School Violence Act of 2018''.
SEC. 502. GRANT PROGRAM FOR SCHOOL SECURITY.
Part AA of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10551 et seq.) is amended--
(1) in section 2701 (34 U.S.C. 10551)--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) COPS grants.--The Director of the Office of Community
Oriented Policing Services (referred to in this part as the
`COPS Director') is authorized to make grants to States,
units of local government, and Indian tribes for the purposes
described in paragraphs (5) through (9) of subsection (b).
``(2) BJA grants.--The Director of the Bureau of Justice
Assistance (referred to in this
[[Page H1991]]
part as the `BJA Director') is authorized to make grants to
States, units of local government, and Indian tribes for the
purposes described in paragraphs (1) through (4) of
subsection (b).'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by inserting
``evidence-based school safety programs that may include''
after ``through''; and
(ii) by striking paragraphs (1) through (6) and inserting
the following:
``(1) Training school personnel and students to prevent
student violence against others and self.
``(2) The development and operation of anonymous reporting
systems for threats of school violence, including mobile
telephone applications, hotlines, and Internet websites.
``(3) The development and operation of--
``(A) school threat assessment and intervention teams that
may include coordination with law enforcement agencies and
school personnel; and
``(B) specialized training for school officials in
responding to mental health crises.
``(4) Any other measure that, in the determination of the
BJA Director, may provide a significant improvement in
training, threat assessments and reporting, and violence
prevention.
``(5) Coordination with local law enforcement.
``(6) Training for local law enforcement officers to
prevent student violence against others and self.
``(7) Placement and use of metal detectors, locks,
lighting, and other deterrent measures.
``(8) Acquisition and installation of technology for
expedited notification of local law enforcement during an
emergency.
``(9) Any other measure that, in the determination of the
COPS Director, may provide a significant improvement in
security.'';
(C) by redesignating subsections (c) through (f) as
subsections (e) through (h), respectively;
(D) by inserting after subsection (b) the following:
``(c) Contracts and Subawards.--A State, unit of local
government, or Indian tribe may, in using a grant under this
part for purposes authorized under subsection (b), use the
grant to contract with or make 1 or more subawards to 1 or
more--
``(1) local educational agencies;
``(2) nonprofit organizations, excluding schools; or
``(3) units of local government or tribal organizations.
``(d) Services and Benefits for Schools.--An entity that
receives a subaward or contract under subsection (c) may use
such funds to provide services or benefits described under
subsection (b) to 1 or more schools.'';
(E) in subsection (e), as so redesignated--
(i) by striking ``Director'' and inserting ``COPS Director
and the BJA Director'';
(ii) by striking ``and has'' and inserting ``has''; and
(iii) by inserting before the period at the end the
following: ``, and will use evidence-based strategies and
programs, such as those identified by the Comprehensive
School Safety Initiative of the Department of Justice'';
(F) in subsection (f), as so redesignated--
(i) in paragraph (1), by striking ``50 percent'' and
inserting ``75 percent''; and
(ii) in paragraph (3), by striking ``Director may'' and
inserting ``COPS Director and the BJA Director may each'';
(G) in subsection (g), as so redesignated, by striking
``Director shall'' and inserting ``COPS Director and the BJA
shall each''; and
(H) in subsection (h), as so redesignated, by striking
``Director may'' and inserting ``COPS Director and the BJA
Director may each'';
(2) in section 2702 (34 U.S.C. 10552)--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``the Director'' the first place it appears
and inserting ``the COPS Director or the BJA Director, as the
case may be,''; and
(II) by striking ``the Director may'' and inserting ``the
COPS Director or the BJA Director may'';
(ii) in paragraph (1)(B), by striking ``and'' at the end;
(iii) in paragraph (2)--
(I) in the matter preceding subparagraph (A), by striking
``child psychologists'' and inserting ``licensed mental
health professionals''; and
(II) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(iv) by adding at the end the following:
``(3) include an assurance that the applicant shall
maintain and report such data, records, and information
(programmatic and financial) as the COPS Director or the BJA
Director may reasonably require;
``(4) include a certification, made in a form acceptable to
the COPS Director or the BJA Director, as the case may be,
that--
``(A) the programs to be funded by the grant meet all the
requirements of this part;
``(B) all the information contained in the application is
correct; and
``(C) the applicant will comply with all provisions of this
part and all other applicable Federal laws.''; and
(B) in subsection (b)--
(i) by striking ``this part'' and inserting ``the STOP
School Violence Act of 2018''; and
(ii) by striking ``Director shall'' and inserting ``COPS
Director and the BJA Director shall each'';
(3) in section 2703 (34 U.S.C. 10553)--
(A) in the section heading, by inserting after ``congress''
the following: ``; grant accountability'';
(B) by striking ``Not later'' and inserting the following:
``(a) Annual Report.--Not later'';
(C) by striking ``Director shall'' and inserting ``COPS
Director and the BJA Director shall each''; and
(D) by adding at the end the following:
``(b) Grant Accountability.--Section 3026 (relating to
grant accountability) shall apply to grants awarded by the
COPS Director and the BJA Director under this part. For
purposes of the preceding sentence, any references in section
3026 to the Attorney General shall be considered references
to the COPS Director or the BJA Director, as appropriate, and
any references in that section to part LL shall be considered
references to part AA.'';
(4) in section 2704 (34 U.S.C. 10554)--
(A) in paragraph (1)--
(i) by striking ``a public'' and inserting ``an''; and
(ii) by inserting ``, including a Bureau-funded school (as
defined in section 1141 of the Education Amendments of 1978
(25 U.S.C. 2021))'' after ``secondary school'';
(B) in paragraph (2), by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(4) the term `evidence-based' means a program, practice,
technology, or equipment that--
``(A) demonstrates a statistically significant effect on
relevant outcomes based on--
``(i) strong evidence from not less than 1 well-designed
and well-implemented experimental study;
``(ii) moderate evidence from not less than 1 well-designed
and well-implemented quasi-experimental study; or
``(iii) promising evidence from not less than 1 well-
designed and well-implemented correlational study with
statistical controls for selection bias;
``(B) demonstrates a rationale based on high-quality
research findings or positive evaluation that such program,
practice, technology, or equipment is likely to improve
relevant outcomes, and includes ongoing efforts to examine
the effects of the program, practice, technology, or
equipment; or
``(C) in the case of technology or equipment, demonstrates
that use of the technology or equipment is--
``(i) consistent with best practices for school security,
including--
``(I) applicable standards for school security established
by a Federal or State government agency; and
``(II) findings and recommendations of public commissions
and task forces established to make recommendations or set
standards for school security; and
``(ii) compliant with all applicable codes, including
building and life safety codes; and
``(5) the term `tribal organization' has the same meaning
given the term in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(l)).'';
(5) by striking section 2705 and inserting the following:
``SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be
appropriated--
``(1) $75,000,000 for fiscal year 2018, of which--
``(A) $50,000,000 shall be made available to the BJA
Director to carry out this part; and
``(B) $25,000,000 shall be made available to the COPS
Director to carry out this part; and
``(2) $100,000,000 for each of fiscal years 2019 through
2028, of which, for each fiscal year--
``(A) $67,000,000 shall be made available to the BJA
Director to carry out this part; and
``(B) $33,000,000 shall be made available to the COPS
Director to carry out this part.
``(b) Offset.--Any funds appropriated for the Comprehensive
School Safety Initiative of the National Institute of Justice
in fiscal year 2018 shall instead be used for the purposes in
subsection (a).''; and
(6) by adding at the end the following:
``SEC. 2706. RULES OF CONSTRUCTION.
``(a) No Funds To Provide Firearms or Training.--No amounts
provided as a grant under this part may be used for the
provision to any person of a firearm or training in the use
of a firearm.
``(b) No Effect on Other Laws.--Nothing in this part may be
construed to preclude or contradict any other provision of
law authorizing the provision of firearms or training in the
use of firearms.''.
TITLE VI--FIX NICS ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Fix NICS Act of 2018''.
SEC. 602. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS AND
AGENCIES.
Section 103 of the Brady Handgun Violence Prevention Act
(34 U.S.C. 40901) is amended--
(1) in subsection (e)(1), by adding at the end the
following:
``(F) Semiannual certification and reporting.--
``(i) In general.--The head of each Federal department or
agency shall submit a semiannual written certification to the
Attorney General indicating whether the department
[[Page H1992]]
or agency is in compliance with the record submission
requirements under subparagraph (C).
``(ii) Submission dates.--The head of a Federal department
or agency shall submit a certification to the Attorney
General under clause (i)--
``(I) not later than July 31 of each year, which shall
address all relevant records, including those that have not
been transmitted to the Attorney General, in possession of
the department or agency during the period beginning on
January 1 of the year and ending on June 30 of the year; and
``(II) not later than January 31 of each year, which shall
address all relevant records, including those that have not
been transmitted to the Attorney General, in possession of
the department or agency during the period beginning on July
1 of the previous year and ending on December 31 of the
previous year.
``(iii) Contents.--A certification required under clause
(i) shall state, for the applicable period--
``(I) the total number of records of the Federal department
or agency demonstrating that a person falls within one of the
categories described in subsection (g) or (n) of section 922
of title 18, United States Code;
``(II) for each category of records described in subclause
(I), the total number of records of the Federal department or
agency that have been provided to the Attorney General; and
``(III) the efforts of the Federal department or agency to
ensure complete and accurate reporting of relevant records,
including efforts to monitor compliance and correct any
reporting failures or inaccuracies.
``(G) Implementation plan.--
``(i) In general.--Not later than 1 year after the date of
enactment of this subparagraph, the head of each Federal
department or agency, in coordination with the Attorney
General, shall establish a plan to ensure maximum
coordination and automated reporting or making available of
records to the Attorney General as required under
subparagraph (C), and the verification of the accuracy of
those records, including the pre-validation of those records,
where appropriate, during a 4-year period specified in the
plan. The records shall be limited to those of an individual
described in subsection (g) or (n) of section 922 of title
18, United States Code.
``(ii) Benchmark requirements.--Each plan established under
clause (i) shall include annual benchmarks to enable the
Attorney General to assess implementation of the plan,
including--
``(I) qualitative goals and quantitative measures;
``(II) measures to monitor internal compliance, including
any reporting failures and inaccuracies;
``(III) a needs assessment, including estimated compliance
costs; and
``(IV) an estimated date by which the Federal department or
agency will fully comply with record submission requirements
under subparagraph (C).
``(iii) Compliance determination.--Not later than the end
of each fiscal year beginning after the date of the
establishment of a plan under clause (i), the Attorney
General shall determine whether the applicable Federal
department or agency has achieved substantial compliance with
the benchmarks included in the plan.
``(H) Accountability.--The Attorney General shall publish,
including on the website of the Department of Justice, and
submit to the Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the House of
Representatives a semiannual report that discloses--
``(i) the name of each Federal department or agency that
has failed to submit a required certification under
subparagraph (F);
``(ii) the name of each Federal department or agency that
has submitted a required certification under subparagraph
(F), but failed to certify compliance with the record
submission requirements under subparagraph (C);
``(iii) the name of each Federal department or agency that
has failed to submit an implementation plan under
subparagraph (G);
``(iv) the name of each Federal department or agency that
is not in substantial compliance with an implementation plan
under subparagraph (G);
``(v) a detailed summary of the data, broken down by
department or agency, contained in the certifications
submitted under subparagraph (F);
``(vi) a detailed summary of the contents and status,
broken down by department or agency, of the implementation
plans established under subparagraph (G); and
``(vii) the reasons for which the Attorney General has
determined that a Federal department or agency is not in
substantial compliance with an implementation plan
established under subparagraph (G).
``(I) Noncompliance penalties.--For each of fiscal years
2019 through 2022, each political appointee of a Federal
department or agency that has failed to certify compliance
with the record submission requirements under subparagraph
(C), and is not in substantial compliance with an
implementation plan established under subparagraph (G), shall
not be eligible for the receipt of bonus pay, excluding
overtime pay, until the department or agency--
``(i) certifies compliance with the record submission
requirements under subparagraph (C); or
``(ii) achieves substantial compliance with an
implementation plan established under subparagraph (G).
``(J) Technical assistance.--The Attorney General may use
funds made available for the national instant criminal
background check system established under subsection (b) to
provide technical assistance to a Federal department or
agency, at the request of the department or agency, in order
to help the department or agency comply with the record
submission requirements under subparagraph (C).
``(K) Application to federal courts.--For purposes of this
paragraph--
``(i) the terms `department or agency of the United States'
and `Federal department or agency' include a Federal court;
and
``(ii) the Director of the Administrative Office of the
United States Courts shall perform, for a Federal court, the
functions assigned to the head of a department or agency.'';
and
(2) in subsection (g), by adding at the end the following:
``For purposes of the preceding sentence, not later than 60
days after the date on which the Attorney General receives
such information, the Attorney General shall determine
whether or not the prospective transferee is the subject of
an erroneous record and remove any records that are
determined to be erroneous. In addition to any funds made
available under subsection (k), the Attorney General may use
such sums as are necessary and otherwise available for the
salaries and expenses of the Federal Bureau of Investigation
to comply with this subsection.''.
SEC. 603. REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT
PROGRAM.
(a) Requirements To Obtain Waiver.--Section 102 of the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40912) is
amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``the Crime Identification Technology Act
of 1988 (42 U.S.C. 14601)'' and inserting ``section 102 of
the Crime Identification Technology Act of 1998 (34 U.S.C.
40301)''; and
(B) by inserting ``is in compliance with an implementation
plan established under subsection (b) or'' before ``provides
at least 90 percent of the information described in
subsection (c)''; and
(2) in subsection (b)(1)(B), by inserting ``or has
established an implementation plan under section 107'' after
``the Attorney General''.
(b) Implementation Assistance to States.--Section 103 of
the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913)
is amended--
(1) in subsection (b)(3), by inserting before the semicolon
at the end the following: ``, including through increased
efforts to pre-validate the contents of those records to
expedite eligibility determinations'';
(2) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``and''; and
(ii) by inserting before the period at the end the
following: ``, and $125,000,000 for each of fiscal years 2018
through 2022''; and
(B) by striking paragraph (2) and inserting the following--
``(2) Domestic abuse and violence prevention initiative.--
``(A) Establishment.--For each of fiscal years 2018 through
2022, the Attorney General shall create a priority area under
the NICS Act Record Improvement Program (commonly known as
`NARIP') for a Domestic Abuse and Violence Prevention
Initiative that emphasizes the need for grantees to identify
and upload all felony conviction records and domestic
violence records.
``(B) Funding.--The Attorney General--
``(i) may use not more than 50 percent of the amounts made
available under this subsection for each of fiscal years 2018
through 2022 to carry out the initiative described in
subparagraph (A); and
``(ii) shall give a funding preference under NARIP to
States that--
``(I) have established an implementation plan under section
107; and
``(II) will use amounts made available under this
subparagraph to improve efforts to identify and upload all
felony conviction records and domestic violence records
described in clauses (i), (v), and (vi) of section
102(b)(1)(C) by not later than September 30, 2022.''; and
(3) by adding at the end the following:
``(g) Technical Assistance.--The Attorney General shall
direct the Office of Justice Programs, the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, and the Federal Bureau of
Investigation to--
``(1) assist States that are not currently eligible for
grants under this section to achieve compliance with all
eligibility requirements; and
``(2) provide technical assistance and training services to
grantees under this section.''.
SEC. 604. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY
IMPROVEMENT PROGRAM.
(a) State Grant Program for Criminal Justice
Identification, Information, and Communication.--Section 102
of the Crime Identification Technology Act of 1998 (34 U.S.C.
40301) is amended--
(1) in subsection (a)(3)--
(A) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(B) by inserting after subparagraph (B) the following:
[[Page H1993]]
``(C) identification of all individuals who have been
convicted of a crime punishable by imprisonment for a term
exceeding 1 year'';
(2) in subsection (b)(6)--
(A) by striking ``(18 U.S.C. 922 note)'' and inserting
``(34 U.S.C. 40901(b))''; and
(B) by inserting before the semicolon at the end the
following: ``, including through increased efforts to pre-
validate the contents of felony conviction records and
domestic violence records to expedite eligibility
determinations, and measures and resources necessary to
establish and achieve compliance with an implementation plan
under section 107 of the NICS Improvement Amendments Act of
2007'';
(3) in subsection (d), by inserting after ``unless'' the
following: ``the State has achieved compliance with an
implementation plan under section 107 of the NICS Improvement
Amendments Act of 2007 or''; and
(4) in subsection (e)(1), by striking ``2002 through 2007''
and inserting ``2018 through 2022''.
(b) Grants for the Improvement of Criminal Records.--
Section 106(b)(1) of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40302(1)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``as of the date of enactment of this Act''
and inserting ``, as of the date of enactment of the Fix NICS
Act of 2018,''; and
(B) by striking ``files,'' and inserting the following:
``files and that will utilize funding under this subsection
to prioritize the identification and transmittal of felony
conviction records and domestic violence records,'';
(2) in subparagraph (B), by striking ``and'' at the end;
(3) in subparagraph (C)--
(A) by striking ``upon establishment of the national
system,''; and
(B) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following--
``(D) to establish and achieve compliance with an
implementation plan under section 107 of the NICS Improvement
Amendments Act of 2007.''.
SEC. 605. IMPROVING INFORMATION SHARING WITH THE STATES.
(a) In General.--Title I of the NICS Improvement Amendments
Act of 2007 (34 U.S. 40911 et seq.) is amended by adding at
the end the following:
``SEC. 107. IMPLEMENTATION PLAN.
``(a) In General.--Not later than 1 year after the date of
enactment of the Fix NICS Act of 2018, the Attorney General,
in coordination with the States and Indian tribal
governments, shall establish, for each State or Indian tribal
government, a plan to ensure maximum coordination and
automation of the reporting or making available of
appropriate records to the National Instant Criminal
Background Check System established under section 103 of the
Brady Handgun Violence Prevention Act (34 U.S.C. 40901) and
the verification of the accuracy of those records during a 4-
year period specified in the plan. The records shall be
limited to those of an individual described in subsection (g)
or (n) of section 922 of title 18, United States Code
``(b) Benchmark Requirements.--Each plan established under
this section shall include annual benchmarks to enable the
Attorney General to assess the implementation of the plan,
including--
``(1) qualitative goals and quantitative measures; and
``(2) a needs assessment, including estimated compliance
costs.
``(c) Compliance Determination.--Not later than the end of
each fiscal year beginning after the date of the
establishment of an implementation plan under this section,
the Attorney General shall determine whether each State or
Indian tribal government has achieved substantial compliance
with the benchmarks included in the plan.
``(d) Accountability.--The Attorney General--
``(1) shall disclose and publish, including on the website
of the Department of Justice--
``(A) the name of each State or Indian tribal government
that received a determination of failure to achieve
substantial compliance with an implementation plan under
subsection (c) for the preceding fiscal year; and
``(B) a description of the reasons for which the Attorney
General has determined that the State or Indian tribal
government is not in substantial compliance with the
implementation plan, including, to the greatest extent
possible, a description of the types and amounts of records
that have not been submitted; and
``(2) if a State or Indian tribal government described in
paragraph (1) subsequently receives a determination of
substantial compliance, shall--
``(A) immediately correct the applicable record; and
``(B) not later than 3 days after the determination, remove
the record from the website of the Department of Justice and
any other location where the record was published.
``(e) Incentives.--For each of fiscal years 2018 through
2022, the Attorney General shall give affirmative preference
to all Bureau of Justice Assistance discretionary grant
applications of a State or Indian tribal government that
received a determination of substantial compliance under
subsection (c) for the fiscal year in which the grant was
solicited.''.
(b) Table of Contents.--The table of contents in section
1(b) of the NICS Improvement Amendments Act of 2007 (Public
Law 110-180; 121 Stat. 2559) is amended by inserting after
the item relating to section 106 the following:
``Sec. 107. Implementation plan.''.
TITLE VII--STATE SEXUAL RISK AVOIDANCE EDUCATION PROGRAM
SEC. 701. FULL PAYMENT BY SECRETARY FOR STATE SEXUAL RISK
AVOIDANCE EDUCATION PROGRAM.
(a) In General.--Paragraph (1) of section 510(d) of the
Social Security Act (42 U.S.C. 710(d)) is amended by
inserting before the period at the end the following: ``,
except that section 503(a) shall be applied by substituting
`the total of the sums' for `four-sevenths of the total of
the sums' ''.
(b) Technical Corrections.--Section 510(a)(1)(A) of the
Social Security Act (42 U.S.C. 710(a)(1)(A)) is amended--
(1) by striking ``subsection (e)(1)'' and inserting
``subsection (f)(1)''; and
(2) by striking ``subsection (e)(2)'' and inserting
``subsection (f)(2)''.
TITLE VIII--SMALL BUSINESS CREDIT AVAILABILITY ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Small Business Credit
Availability Act''.
SEC. 802. EXPANDING ACCESS TO CAPITAL FOR BUSINESS
DEVELOPMENT COMPANIES.
(a) In General.--Section 61(a) of the Investment Company
Act of 1940 (15 U.S.C. 80a-60(a)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by striking paragraph (1) and inserting the following:
``(1) Except as provided in paragraph (2), the asset
coverage requirements of subparagraphs (A) and (B) of section
18(a)(1) (and any related rule promulgated under this Act)
applicable to business development companies shall be 200
percent.
``(2) The asset coverage requirements of subparagraphs (A)
and (B) of section 18(a)(1) and of subparagraphs (A) and (B)
of section 18(a)(2) (and any related rule promulgated under
this Act) applicable to a business development company shall
be 150 percent if--
``(A) not later than 5 business days after the date on
which those asset coverage requirements are approved under
subparagraph (D) of this paragraph, the business development
company discloses that the requirements were approved, and
the effective date of the approval, in--
``(i) any filing submitted to the Commission under section
13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a); 78o(d)); and
``(ii) a notice on the website of the business development
company;
``(B) the business development company discloses, in each
periodic filing required under section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a))--
``(i) the aggregate outstanding principal amount or
liquidation preference, as applicable, of the senior
securities issued by the business development company and the
asset coverage percentage as of the date of the business
development company's most recent financial statements
included in that filing;
``(ii) that the business development company, under
subparagraph (D), has approved the asset coverage
requirements under this paragraph; and
``(iii) the effective date of the approval described in
clause (ii);
``(C) with respect to a business development company that
is an issuer of common equity securities, each periodic
filing of the company required under section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a)) includes
disclosures that are reasonably designed to ensure that
shareholders are informed of--
``(i) the amount of senior securities (and the associated
asset coverage ratios) of the company, determined as of the
date of the most recent financial statements of the company
included in that filing; and
``(ii) the principal risk factors associated with the
senior securities described in clause (i), to the extent that
risk is incurred by the company; and
``(D) the company--
``(i)(I) through a vote of the required majority (as
defined in section 57(o)), approves the application of this
paragraph to the company, to become effective on the date
that is 1 year after the date of the approval; or
``(II) obtains, at a special or annual meeting of
shareholders or partners at which a quorum is present, the
approval of more than 50 percent of the votes cast for the
application of this paragraph to the company, to become
effective on the first day after the date of the approval;
and
``(ii) if the company is not an issuer of common equity
securities that are listed on a national securities exchange,
extends, to each person that is a shareholder as of the date
of an approval described in subclause (I) or (II) of clause
(i), as applicable, the opportunity (which may include a
tender offer) to sell the securities held by that shareholder
as of that applicable approval date, with 25 percent of those
securities to be repurchased in each of the 4 calendar
quarters following the calendar quarter in which that
applicable approval date takes place.''.
(b) Conforming Amendments.--
(1) Investment advisers act of 1940.--Section 205(b)(3) of
the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(b)(3))
is amended--
[[Page H1994]]
(A) by striking ``section 61(a)(3)(B)(iii)'' and inserting
``section 61(a)(4)(B)(iii)''; and
(B) by striking ``section 61(a)(3)(B)'' and inserting
``section 61(a)(4)(B)''.
(2) Investment company act of 1940.--The Investment Company
Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended--
(A) in section 57 (15 U.S.C. 80a-56)--
(i) in subsection (j)(1), by striking ``section
61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and
(ii) in subsection (n)(2), by striking ``section
61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and
(B) in section 63(3) (15 U.S.C. 80a-62(3)), by striking
``section 61(a)(3)'' and inserting ``section 61(a)(4)''.
SEC. 803. PARITY FOR BUSINESS DEVELOPMENT COMPANIES REGARDING
OFFERING AND PROXY RULES.
(a) Definitions.--In this section--
(1) the term ``business development company'' has the
meaning given the term in section 2(a) of the Investment
Company Act of 1940 (15 U.S.C. 80a-2(a));
(2) the term ``Commission'' means the Securities and
Exchange Commission;
(3) the term ``Form N-2'' means the form described in
section 239.14 of title 17, Code of Federal Regulations;
(4) the term ``Form S-3'' means the form described in
section 239.13 of title 17, Code of Federal Regulations; and
(5) the term ``Schedule 14A'' means the information
required under section 240.14a-101 of title 17, Code of
Federal Regulations.
(b) Revision to Rules.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall make the
revisions described in paragraph (2) to allow a business
development company that has filed an election under section
54 of the Investment Company Act of 1940 (15 U.S.C. 80a-53)
to use the securities offering and proxy rules that are
available to other issuers that are required to file reports
under section 13(a) or section 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a); 78o(d)).
(2) Required revisions.--The revisions described in this
paragraph are revisions to--
(A) section 230.405 of title 17, Code of Federal
Regulations--
(i) to remove the exclusion of a business development
company from the definition of the term ``well-known seasoned
issuer'' under that section; and
(ii) to add a registration statement filed on Form N-2 to
the definition of the term ``automatic shelf registration
statement'' under that section;
(B) sections 230.168 and 230.169 of title 17, Code of
Federal Regulations, to remove the exclusion of a business
development company from an issuer that is eligible for the
exemptions under those sections;
(C) section 230.163 of title 17, Code of Federal
Regulations, to remove a business development company from
the list of issuers that are ineligible for the exemption
under that section;
(D) section 230.163A of title 17, Code of Federal
Regulations, to remove the communications made by a business
development company from the list of communications that are
ineligible for the exemption under that section;
(E) section 230.134 of title 17, Code of Federal
Regulations, to remove the exclusion of a communication
relating to a business development company from the
application of that section;
(F) sections 230.138 and 230.139 of title 17, Code of
Federal Regulations, to specifically include a business
development company as an issuer to which those sections
apply;
(G) section 230.156 of title 17, Code of Federal
Regulations, to provide that nothing in that section may be
construed to prevent a business development company from
qualifying for an exemption under section 230.168 or 230.169
of title 17, Code of Federal Regulations, as amended by the
Commission in accordance with the requirements of this
section;
(H) section 230.164 of title 17, Code of Federal
Regulations, to remove a business development company from
the list of issuers that are excluded under that section;
(I) section 230.433 of title 17, Code of Federal
Regulations, to specifically include a business development
company that is a well-known seasoned issuer as an issuer to
which that section applies;
(J) section 230.415 of title 17, Code of Federal
Regulations to state that the registration for securities
under section 230.415(a)(1)(x) of title 17, Code of Federal
Regulations, includes securities registered on Form N-2 by a
business development company that would otherwise meet the
eligibility requirements of Form S-3;
(K) section 230.497 of title 17, Code of Federal
Regulations, to include a process for a business development
company to file a form of prospectus in the same manner as
the process for filing a form of prospectus under section
230.424(b) of title 17, Code of Federal Regulations;
(L) sections 230.172 and 230.173 of title 17, Code of
Federal Regulations, to remove the exclusion of an offering
of a business development company from the application of
those sections;
(M) section 230.418 of title 17, Code of Federal
Regulations, to provide that a business development company
that would otherwise meet the eligibility requirements of
Form S-3 shall be exempt from paragraph (a)(3) of that
section;
(N) Schedule 14A to revise item 13(b)(1) of that Schedule
to include a business development company that would
otherwise meet the requirements of note E of that Schedule as
an issuer to which that item applies;
(O) section 243.103 of title 17, Code of Federal
Regulations, to provide that paragraph (a) of that section
applies for the purposes of Form N-2; and
(P) item 34 on Form N-2 to require a business development
company to provide undertakings that are no more restrictive
than the undertakings that are required of a registrant under
section 229.512 of title 17, Code of Federal Regulations.
(c) Revision to Form N-2.--Not later than 1 year after the
date of enactment of this Act, the Commission shall revise
Form N-2--
(1) to include an item or instruction that is similar to
item 12 on Form S-3 to provide that a business development
company that would otherwise meet the requirements of Form S-
3 shall incorporate by reference the reports and documents
filed by the business development company under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) into
the registration statement of the business development
company filed on Form N-2; and
(2) to include an item or instruction that is similar to
the instruction regarding automatic shelf offerings by well-
known seasoned issuers on Form S-3 to provide that a business
development company that is a well-known seasoned issuer may
file automatic shelf offerings on Form N-2.
(d) Treatment if Revisions Not Completed in Timely
Manner.--If the Commission fails to complete the revisions
required under subsections (b) and (c) by the dates described
in those subsections, a business development company, during
the period beginning on the date that is 1 day after 1 year
after the date of enactment of this Act and ending on the
date that the Commission completes those revisions, may deem
those revisions to have been completed in accordance with the
actions required to be taken by the Commission under those
subsections.
(e) Rules of Construction.--
(1) Treatment of successor regulations and forms.--Any
reference in this section to a regulation or form shall be
construed as a reference to--
(A) that regulation or form, as in effect on the day before
the date of enactment of this Act; or
(B) any successor to that regulation or form.
(2) Distribution of sales material.--Nothing in this
section, or in the amendments made pursuant to the
requirements of this section, may be construed to prevent a
business development company from distributing sales material
under section 230.482 of title 17, Code of Federal
Regulations.
TITLE IX--SMALL BUSINESS ACCESS TO CAPITAL AFTER A NATURAL DISASTER ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Small Business Access to
Capital After a Natural Disaster Act''.
SEC. 902. EXPANDING ACCESS TO CAPITAL FOR SMALL BUSINESSES
IMPACTED BY A NATURAL DISASTER.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C.
78d) is amended--
(1) in subsection (j)(4)(C), by striking ``minority-owned
and women-owned small businesses'' and inserting ``minority-
owned small businesses, women-owned small businesses, and
small businesses affected by hurricanes or other natural
disasters''; and
(2) in subsection (j)(6)(B)(iii), by striking ``minority-
owned and women-owned small businesses'' and inserting
``minority-owned small businesses, women-owned small
businesses, and small businesses affected by hurricanes or
other natural disasters''.
TITLE X--TAYLOR FORCE ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Taylor Force Act''.
SEC. 1002. FINDINGS.
Congress makes the following findings:
(1) The Palestinian Authority's practice of paying salaries
to terrorists serving in Israeli prisons, as well as to the
families of deceased terrorists, is an incentive to commit
acts of terror.
(2) The United States does not provide direct budgetary
support to the Palestinian Authority. The United States does
pay certain debts held by the Palestinian Authority and funds
programs for which the Palestinian Authority would otherwise
be responsible.
(3) The United States Government supports community-based
programs in the West Bank and Gaza that provide for basic
human needs, such as food, water, health, shelter,
protection, education, and livelihoods, and that promote
peace and development.
(4) Since fiscal year 2015, annual appropriations
legislation has mandated the reduction of Economic Support
Fund aid for the Palestinian Authority as a result of their
payments for acts of terrorism including, in fiscal year
2017, a reduction ``by an amount the Secretary determines is
equivalent to the amount expended by the Palestinian
Authority, the Palestine Liberation Organization, and any
successor or affiliated organizations with such entities as
payments for acts of terrorism by individuals who are
imprisoned after being fairly tried and convicted for acts of
terrorism and by individuals who died committing acts of
terrorism during the previous calendar year''.
SEC. 1003. SENSE OF CONGRESS.
Congress--
[[Page H1995]]
(1) calls on the Palestinian Authority, the Palestine
Liberation Organization, and any successor or affiliated
organizations to stop payments for acts of terrorism by
individuals who are imprisoned after being fairly tried and
convicted for acts of terrorism and by individuals who died
committing acts of terrorism and to repeal the laws
authorizing such payments;
(2) calls on all donor countries providing budgetary
assistance to the Palestinian Authority to cease direct
budgetary support until the Palestinian Authority stops all
payments incentivizing terror;
(3) urges the Palestinian Authority to develop programs to
provide essential public services and support to any
individual in need within its jurisdictional control, rather
than to provide payments contingent on perpetrating acts of
violence;
(4) urges the United States Permanent Representative to the
United Nations to use the voice, vote, and influence of the
United States at the United Nations to highlight the issue of
Palestinian Authority payments for acts of terrorism and to
urge other Member States to apply pressure upon the
Palestinian Authority to immediately cease such payments; and
(5) urges the Department of State to use its bilateral and
multilateral engagements with all governments and
organizations committed to the cause of peace between Israel
and the Palestinians to highlight the issue of Palestinian
Authority payments for acts of terrorism and to urge such
governments and organizations to join the United States in
calling on the Palestinian Authority to immediately cease
such payments.
SEC. 1004. LIMITATION ON ASSISTANCE TO THE WEST BANK AND
GAZA.
(a) Limitation.--
(1) In general.--Funds authorized to be appropriated or
otherwise made available for assistance under chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346
et seq.; relating to Economic Support Fund) and available for
assistance for the West Bank and Gaza that directly benefits
the Palestinian Authority may only be made available for such
purpose if, except as provided in subsection (d), not later
than 30 days after the date of the enactment of this Act, and
every 180 days thereafter, the Secretary of State certifies
in writing to the appropriate congressional committees that
the Palestinian Authority, the Palestine Liberation
Organization, and any successor or affiliated organizations--
(A) are taking credible steps to end acts of violence
against Israeli citizens and United States citizens that are
perpetrated or materially assisted by individuals under their
jurisdictional control, such as the March 2016 attack that
killed former United States Army officer Taylor Force, a
veteran of the wars in Iraq and Afghanistan;
(B) have terminated payments for acts of terrorism against
Israeli citizens and United States citizens to any
individual, after being fairly tried, who has been imprisoned
for such acts of terrorism and to any individual who died
committing such acts of terrorism, including to a family
member of such individuals;
(C) have revoked any law, decree, regulation, or document
authorizing or implementing a system of compensation for
imprisoned individuals that uses the sentence or period of
incarceration of an individual imprisoned for an act of
terrorism to determine the level of compensation paid, or
have taken comparable action that has the effect of
invalidating any such law, decree, regulation, or document;
and
(D) are publicly condemning such acts of violence and are
taking steps to investigate or are cooperating in
investigations of such acts to bring the perpetrators to
justice.
(2) Additional certification requirement.--The Secretary of
State shall include in the certification required under
paragraph (1) the definition of ``acts of terrorism'' that
the Secretary used for purposes of making the determination
in subparagraph (B) of such paragraph.
(b) Exception.--
(1) In general.--Subject to paragraph (2), the limitation
on assistance under subsection (a) shall not apply to--
(A) payments made to the East Jerusalem Hospital Network;
(B) assistance for wastewater projects not exceeding
$5,000,000 in any one fiscal year; and
(C) assistance for any other program, project, or activity
that provides vaccinations to children not exceeding $500,000
in any one fiscal year.
(2) Notification.--The Secretary of State shall notify in
writing the appropriate congressional committees not later
than 15 days prior to making funds available for assistance
under subparagraph (A), (B), or (C) of paragraph (1).
(c) Rule of Construction.--Funds withheld pursuant to this
section--
(1) shall be deemed to satisfy any similar withholding or
reduction required under any other provision of law relating
to the Palestinian Authority's payments for acts of
terrorism; and
(2) shall be in an amount that is not less than the total
amount required by such other provision of law.
(d) Initial Use and Disposition of Withheld Funds.--
(1) Period of availability.--Funds withheld pursuant to
this section are authorized to remain available for an
additional 2 years from the date on which the availability of
such funds would otherwise have expired.
(2) Use of funds.--Funds withheld pursuant to this section
may be made available for assistance for the West Bank and
Gaza that directly benefits the Palestinian Authority upon a
certification by the Secretary of State that the Palestinian
Authority, the Palestine Liberation Organization, and any
successor or affiliated organizations have met the conditions
set forth in subsection (a). Except as provided in paragraph
(3), such funds may not be made available for any purpose
other than for assistance for the West Bank and Gaza that
directly benefits the Palestinian Authority.
(3) Disposition of unused funds.--Beginning on the date
that is 180 days after the last day on which the initial
availability of funds withheld pursuant to this section would
otherwise have expired, such funds are authorized to be made
available to the Department of State for assistance under
chapter 4 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2346 et seq.; relating to Economic Support Fund)
in the following manner--
(A) 50 percent for purposes of assistance other than that
deemed benefiting the Palestinian Authority; and
(B) 50 percent for purposes other than assistance for the
West Bank and Gaza.
(e) Report.--
(1) In general.--If the Secretary of State is unable to
certify in writing to the appropriate congressional
committees that the Palestinian Authority, the Palestine
Liberation Organization, and any successor or affiliated
organizations have met the conditions described in subsection
(a), the Secretary shall, not later than 15 days after the
date on which the Secretary is unable to make such
certification, submit to the appropriate congressional
committees a report that contains the following:
(A) The reasons why the Secretary was unable to certify in
writing that such organizations have met such requirements.
(B) The definition of ``acts of terrorism'' that the
Secretary used for purposes of making the determination in
subparagraph (B) of subsection (a)(1).
(C) The total amount of funds to be withheld.
(2) Form.--The report required by this subsection shall be
submitted in unclassified form but may include a classified
annex.
(f) List of Criteria.--
(1) In general.--Not later than 15 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a list of
the criteria that the Secretary uses to determine whether
assistance for the West Bank and Gaza is assistance that
directly benefits the Palestinian Authority for purposes of
carrying out this section.
(2) Update.--The Secretary of State shall submit to the
appropriate congressional committees an updated list under
paragraph (1) not later than 15 days after the date on which
the Secretary makes any modification to the list.
SEC. 1005. INITIAL REPORT.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
describing those programs, projects, and activities funded by
the United States Government that have been or will be
suspended by reason of withholding of funds under section
1004.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
SEC. 1006. ANNUAL REPORT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 6
years, the Secretary of State shall submit to the appropriate
congressional committees a report including at a minimum the
following elements:
(1) An estimate of the amount expended by the Palestinian
Authority, the Palestine Liberation Organization, and any
successor or affiliated organizations during the previous
calendar year as payments for acts of terrorism by
individuals who are imprisoned for such acts.
(2) An estimate of the amount expended by the Palestinian
Authority, the Palestine Liberation Organization, and any
successor or affiliated organizations during the previous
calendar year as payments to the families of deceased
individuals who committed an act of terrorism.
(3) An overview of Palestinian laws, decrees, regulations,
or documents in effect the previous calendar year that
authorize or implement any payments reported under paragraphs
(1) and (2).
(4) A description of United States Government policy,
efforts, and engagement with the Palestinian Authority in
order to confirm the revocation of any law, decree,
regulation, or document in effect the previous calendar year
that authorizes or implements any payments reported under
paragraphs (1) and (2).
(5) A description of United States Government policy,
efforts, and engagement with other governments, and at the
United Nations, to highlight the issue of Palestinian
payments for acts of terrorism and to urge other nations to
join the United States in calling on the Palestinian
Authority to immediately cease such payments.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form but may include a
classified annex.
[[Page H1996]]
SEC. 1007. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional
committees'' means--
(1) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.
TITLE XI--FARM ACT
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Fair Agricultural
Reporting Method Act'' or the ``FARM Act''.
SEC. 1102. EXEMPTIONS FROM CERTAIN NOTICE REQUIREMENTS AND
PENALTIES.
Section 103 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9603) is
amended by striking subsection (e) and inserting the
following:
``(e) Applicability to Registered Pesticide Products and
Air Emissions From Animal Waste at Farms.--
``(1) In general.--This section shall not apply to--
``(A) the application of a pesticide product registered
under the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.) or the handling and storage of such a
pesticide product by an agricultural producer; or
``(B) air emissions from animal waste (including
decomposing animal waste) at a farm.
``(2) Definitions.--In this subsection:
``(A) Animal waste.--
``(i) In general.--The term `animal waste' means feces,
urine, or other excrement, digestive emission, urea, or
similar substances emitted by animals (including any form of
livestock, poultry, or fish).
``(ii) Inclusions.--The term `animal waste' includes animal
waste that is mixed or commingled with bedding, compost,
feed, soil, or any other material typically found with such
waste.
``(B) Farm.--The term `farm' means a site or area
(including associated structures) that--
``(i) is used for--
``(I) the production of a crop; or
``(II) the raising or selling of animals (including any
form of livestock, poultry, or fish); and
``(ii) under normal conditions, produces during a farm year
any agricultural products with a total value equal to not
less than $1,000.''.
SEC. 1103. APPLICATION.
Nothing in this title or an amendment made by this title
affects, or supersedes or modifies the responsibility or
authority of any Federal official or employee to comply with
or enforce, any requirement under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.), other than the hazardous
substance notification requirements under section 103 of that
Act (42 U.S.C. 9603) with respect to air emissions from
animal waste at farms.
TITLE XII--TIPPED EMPLOYEES
SEC. 1201. TIPPED EMPLOYEES.
(a) Prohibition on Keeping Tips.--Section 3(m) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(m)) is amended--
(1) by redesignating paragraphs (1) and (2) as clauses (i)
and (ii), respectively;
(2) by inserting ``(1)'' after ``(m)'';
(3) by striking ``any employee. In determining'' and
inserting the following: ``any employee.
``(2)(A) In determining'';
(4) in clause (ii) of paragraph (2)(A) (as so
redesignated), by striking ``paragraph (1)'' and inserting
``clause (i)''; and
(5) by adding at the end the following:
``(B) An employer may not keep tips received by its
employees for any purposes, including allowing managers or
supervisors to keep any portion of employees' tips,
regardless of whether or not the employer takes a tip
credit.''.
(b) Penalties.--Section 16 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 216) is amended--
(1) in subsection (b)--
(A) by inserting after the second sentence the following:
``Any employer who violates section 3(m)(2)(B) shall be
liable to the employee or employees affected in the amount of
the sum of any tip credit taken by the employer and all such
tips unlawfully kept by the employer, and in an additional
equal amount as liquidated damages.''; and
(B) by striking ``either of'';
(2) in subsection (c), by adding at the end the following:
``The authority and requirements described in this subsection
shall apply with respect to a violation of section
3(m)(2)(B), as appropriate, and the employer shall be liable
for the amount of the sum of any tip credit taken by the
employer and all such tips unlawfully kept by the employer,
and an additional equal amount as liquidated damages.''; and
(3) in subsection (e)(2), by adding at the end the
following: ``Any person who violates section 3(m)(2)(B) shall
be subject to a civil penalty not to exceed $1,100 for each
such violation, as the Secretary determines appropriate, in
addition to being liable to the employee or employees
affected for all tips unlawfully kept, and an additional
equal amount as liquidated damages, as described in
subsection (b).''.
(c) Effect on Regulations.--The portions of the final rule
promulgated by the Department of Labor entitled ``Updating
Regulations Issued Under the Fair Labor Standards Act'' (76
Fed. Reg. 18832 (April 5, 2011)) that revised sections
531.52, 531.54, and 531.59 of title 29, Code of Federal
Regulations (76 Fed. Reg. 18854-18856) and that are not
addressed by section 3(m) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(m)) (as such section was in effect on
April 5, 2011), shall have no further force or effect until
any future action taken by the Administrator of the Wage and
Hour Division of the Department of Labor.
TITLE XIII--REVISIONS TO PASS-THROUGH PERIOD AND PAYMENT RULES
SEC. 1301. REVISIONS TO PASS-THROUGH PERIOD AND PAYMENT RULES
UNDER OPPS FOR CERTAIN NEW DRUGS AND
BIOLOGICALS.
(a) Revisions to Pass-through Period and Payment Rules.--
(1) In general.--Section 1833(t)(6) of the Social Security
Act (42 U.S.C. 1395l(t)(6)) is amended--
(A) in subparagraph (C)(i), in the matter preceding
subclause (I), by striking ``The payment'' and inserting
``Subject to subparagraph (G), the payment'';
(B) in subparagraph (D)(i), by inserting ``subject to
subparagraph (H),'' before ``in the case''; and
(C) by adding at the end the following new subparagraphs:
``(G) Pass-through extension for certain drugs and
biologicals.--In the case of a drug or biological whose
period of pass-through status under this paragraph ended on
December 31, 2017, and for which payment under this
subsection was packaged into a payment for a covered OPD
service (or group of services) furnished beginning January 1,
2018, such pass-through status shall be extended for a 2-year
period beginning on October 1, 2018.
``(H) Temporary payment rule for certain drugs and
biologicals.--In the case of a drug or biological whose
period of pass-through status under this paragraph ended on
December 31, 2017, and for which payment under this
subsection was packaged into a payment for a covered OPD
service (or group of services) furnished beginning January 1,
2018, the payment amount for such drug or biological under
this subsection that is furnished during the period beginning
on October 1, 2018, and ending on March 31, 2019, shall be
the greater of--
``(i) the payment amount that would otherwise apply under
subparagraph (D)(i) for such drug or biological during such
period; or
``(ii) the payment amount that applied under such
subparagraph (D)(i) for such drug or biological on December
31, 2017.
``(I) Special payment adjustment rules for last quarter of
2018.--In the case of a drug or biological whose period of
pass-through status under this paragraph ended on December
31, 2017, and for which payment under this subsection was
packaged into a payment amount for a covered OPD service (or
group of services) beginning January 1, 2018, the following
rules shall apply with respect to payment amounts under this
subsection for covered a OPD service (or group of services)
furnished during the period beginning on October 1, 2018, and
ending on December 31, 2018:
``(i) The Secretary shall remove the packaged costs of such
drug or biological (as determined by the Secretary) from the
payment amount under this subsection for the covered OPD
service (or group of services) with which it is packaged.
``(ii) The Secretary shall not make any adjustments to
payment amounts under this subsection for a covered OPD
service (or group of services) for which no costs were
removed under clause (i).''.
(2) Nonapplication of limit on aggregate annual adjustment
for 2018.--Section 1833(t)(6)(E)(i) of the Social Security
Act (42 U.S.C. 1395l(t)(6)(E)(i)) is amended by adding at the
end the following new sentence: ``This clause shall not apply
for 2018.''.
(3) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendments made by paragraphs (1) and (2) by program
instruction or otherwise.
(b) GAO Study and Report.--
(1) In general.--The Comptroller General of the United
States (in this subsection referred to as the ``Comptroller
General'') shall conduct a study on the policy for packaging
high cost drugs and biologicals after their pass-through
status under subsection (t)(6) of section 1833 of the Social
Security Act (42 U.S.C. 1395l) has expired under the payment
systems for hospital outpatient department services under
section subsection (t) of such section and for surgical
services furnished in an ambulatory surgical center under
subsection (i) of such section. Such study shall include an
analysis of--
(A) the impact of such policy on--
(i) the utilization of such drugs and biologicals;
(ii) the availability of treatment options, including
consultations with physicians and hospitals; and
(iii) to the extent practicable, the health outcomes of
Medicare beneficiaries; and
(B) the impact of the amendments made by subsection (a),
including the impact on price competition and cost-sharing.
(2) Report.--Not later than March 1, 2021, the Comptroller
General shall submit to Congress a report containing the
results of the study conducted under paragraph (1), together
with recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
[[Page H1997]]
DIVISION T--REVENUE PROVISIONS
SEC. 101. MODIFICATION OF DEDUCTION FOR QUALIFIED BUSINESS
INCOME OF A COOPERATIVE AND ITS PATRONS.
(a) Deduction for Qualified Production Activities Income.--
(1) In general.--Subsection (g) of section 199A of the
Internal Revenue Code of 1986 is amended to read as follows:
``(g) Deduction for Income Attributable to Domestic
Production Activities of Specified Agricultural or
Horticultural Cooperatives.--
``(1) Allowance of deduction.--
``(A) In general.--In the case of a taxpayer which is a
specified agricultural or horticultural cooperative, there
shall be allowed as a deduction an amount equal to 9 percent
of the lesser of--
``(i) the qualified production activities income of the
taxpayer for the taxable year, or
``(ii) the taxable income of the taxpayer for the taxable
year.
``(B) Limitation.--
``(i) In general.--The deduction allowable under
subparagraph (A) for any taxable year shall not exceed 50
percent of the W-2 wages of the taxpayer for the taxable
year.
``(ii) W-2 wages.--For purposes of this subparagraph, the
W-2 wages of the taxpayer shall be determined in the same
manner as under subsection (b)(4) (without regard to
subparagraph (B) thereof and after application of subsection
(b)(5)), except that such wages shall not include any amount
which is not properly allocable to domestic production gross
receipts for purposes of paragraph (3)(A).
``(C) Taxable income of cooperatives determined without
regard to certain deductions.--For purposes of this
subsection, the taxable income of a specified agricultural or
horticultural cooperative shall be computed without regard to
any deduction allowable under subsection (b) or (c) of
section 1382 (relating to patronage dividends, per-unit
retain allocations, and nonpatronage distributions).
``(2) Deduction allowed to patrons.--
``(A) In general.--In the case of any eligible taxpayer who
receives a qualified payment from a specified agricultural or
horticultural cooperative, there shall be allowed as a
deduction for the taxable year in which such payment is
received an amount equal to the portion of the deduction
allowed under paragraph (1) to such cooperative which is--
``(i) allowed with respect to the portion of the qualified
production activities income to which such payment is
attributable, and
``(ii) identified by such cooperative in a written notice
mailed to such taxpayer during the payment period described
in section 1382(d).
``(B) Limitation based on taxable income.--The deduction
allowed to any taxpayer under this paragraph shall not exceed
the taxable income of the taxpayer determined without regard
to the deduction allowed under this paragraph and after
taking into account any deduction allowed to the taxpayer
under subsection (a) for the taxable year.
``(C) Cooperative denied deduction for portion of qualified
payments.--The taxable income of a specified agricultural or
horticultural cooperative shall not be reduced under section
1382 by reason of that portion of any qualified payment as
does not exceed the deduction allowable under subparagraph
(A) with respect to such payment.
``(D) Eligible taxpayer.--For purposes of this paragraph,
the term `eligible taxpayer' means--
``(i) a taxpayer other than a corporation, or
``(ii) a specified agricultural or horticultural
cooperative.
``(E) Qualified payment.--For purposes of this section, the
term `qualified payment' means, with respect to any eligible
taxpayer, any amount which--
``(i) is described in paragraph (1) or (3) of section
1385(a),
``(ii) is received by such taxpayer from a specified
agricultural or horticultural cooperative, and
``(iii) is attributable to qualified production activities
income with respect to which a deduction is allowed to such
cooperative under paragraph (1).
``(3) Qualified production activities income.--For purposes
of this subsection--
``(A) In general.--The term `qualified production
activities income' for any taxable year means an amount equal
to the excess (if any) of--
``(i) the taxpayer's domestic production gross receipts for
such taxable year, over
``(ii) the sum of--
``(I) the cost of goods sold that are allocable to such
receipts, and
``(II) other expenses, losses, or deductions (other than
the deduction allowed under this subsection), which are
properly allocable to such receipts.
``(B) Allocation method.--The Secretary shall prescribe
rules for the proper allocation of items described in
subparagraph (A) for purposes of determining qualified
production activities income. Such rules shall provide for
the proper allocation of items whether or not such items are
directly allocable to domestic production gross receipts.
``(C) Special rules for determining costs.--
``(i) In general.--For purposes of determining costs under
subclause (I) of subparagraph (A)(ii), any item or service
brought into the United States shall be treated as acquired
by purchase, and its cost shall be treated as not less than
its value immediately after it entered the United States. A
similar rule shall apply in determining the adjusted basis of
leased or rented property where the lease or rental gives
rise to domestic production gross receipts.
``(ii) Exports for further manufacture.--In the case of any
property described in clause (i) that had been exported by
the taxpayer for further manufacture, the increase in cost or
adjusted basis under clause (i) shall not exceed the
difference between the value of the property when exported
and the value of the property when brought back into the
United States after the further manufacture.
``(D) Domestic production gross receipts.--
``(i) In general.--The term `domestic production gross
receipts' means the gross receipts of the taxpayer which are
derived from any lease, rental, license, sale, exchange, or
other disposition of any agricultural or horticultural
product which was manufactured, produced, grown, or extracted
by the taxpayer (determined after the application of
paragraph (4)(B)) in whole or significant part within the
United States. Such term shall not include gross receipts of
the taxpayer which are derived from the lease, rental,
license, sale, exchange, or other disposition of land.
``(ii) Related persons.--
``(I) In general.--The term `domestic production gross
receipts' shall not include any gross receipts of the
taxpayer derived from property leased, licensed, or rented by
the taxpayer for use by any related person.
``(II) Related person.--For purposes of subclause (I), a
person shall be treated as related to another person if such
persons are treated as a single employer under subsection (a)
or (b) of section 52 or subsection (m) or (o) of section 414,
except that determinations under subsections (a) and (b) of
section 52 shall be made without regard to section 1563(b).
``(4) Specified agricultural or horticultural
cooperative.--For purposes of this section--
``(A) In general.--The term `specified agricultural or
horticultural cooperative' means an organization to which
part I of subchapter T applies which is engaged--
``(i) in the manufacturing, production, growth, or
extraction in whole or significant part of any agricultural
or horticultural product, or
``(ii) in the marketing of agricultural or horticultural
products.
``(B) Application to marketing cooperatives.--A specified
agricultural or horticultural cooperative described in
subparagraph (A)(ii) shall be treated as having manufactured,
produced, grown, or extracted in whole or significant part
any agricultural or horticultural product marketed by the
specified agricultural or horticultural cooperative which its
patrons have so manufactured, produced, grown, or extracted.
``(5) Definitions and special rules.--
``(A) Special rule for affiliated groups.--
``(i) In general.--All members of an expanded affiliated
group shall be treated as a single corporation for purposes
of this subsection.
``(ii) Partnerships owned by expanded affiliated groups.--
For purposes of paragraph (3)(D), if all of the interests in
the capital and profits of a partnership are owned by members
of a single expanded affiliated group at all times during the
taxable year of such partnership, the partnership and all
members of such group shall be treated as a single taxpayer
during such period.
``(iii) Expanded affiliated group.--For purposes of this
subsection, the term `expanded affiliated group' means an
affiliated group as defined in section 1504(a), determined--
``(I) by substituting `more than 50 percent' for `at least
80 percent' each place it appears, and
``(II) without regard to paragraphs (2) and (4) of section
1504(b).
``(iv) Allocation of deduction.--Except as provided in
regulations, the deduction under paragraph (1) shall be
allocated among the members of the expanded affiliated group
in proportion to each member's respective amount (if any) of
qualified production activities income.
``(B) Special rule for cooperative partners.--In the case
of a specified agricultural or horticultural cooperative
which is a partner in a partnership, rules similar to the
rules of subsection (f)(1) shall apply for purposes of this
subsection.
``(C) Trade or business requirement.--This subsection shall
be applied by only taking into account items which are
attributable to the actual conduct of a trade or business.
``(D) Unrelated business taxable income.--For purposes of
determining the tax imposed by section 511, this section
shall be applied by substituting `unrelated business taxable
income' for `taxable income' each place it appears in this
section (other than this subparagraph).
``(E) Special rule for cooperative with oil related
qualified production activities income.--
``(i) In general.--If a specified agricultural or
horticultural cooperative has oil related qualified
production activities income for any taxable year, the amount
otherwise allowable as a deduction under paragraph (1) shall
be reduced by 3 percent of the least of--
``(I) the oil related qualified production activities
income of the cooperative for the taxable year,
[[Page H1998]]
``(II) the qualified production activities income of the
cooperative for the taxable year, or
``(III) taxable income.
``(ii) Oil related qualified production activities
income.--For purposes of this subparagraph, the term `oil
related qualified production activities income' means for any
taxable year the qualified production activities income which
is attributable to the production, refining, processing,
transportation, or distribution of oil, gas, or any primary
product thereof (within the meaning of section 927(a)(2)(C),
as in effect before its repeal) during such taxable year.
``(6) Regulations.--The Secretary shall prescribe such
regulations as are necessary to carry out the purposes of
this subsection, including regulations which prevent more
than 1 taxpayer from being allowed a deduction under this
subsection with respect to any activity described in
paragraph (3)(D)(i). Such regulations shall be based on the
regulations applicable to cooperatives and their patrons
under section 199 (as in effect before its repeal).''.
(2) Conforming amendments.--
(A) Sections 63(b)(3), 63(d)(3), 199A(e)(1), and
6662(d)(1)(C) of such Code are each amended by striking ``the
deduction'' and inserting ``any deduction''.
(B) The last sentence of section 62(a) of such Code and
section 172(d)(8) of such Code are each amended by striking
``The deduction'' and inserting ``Any deduction''.
(C) Section 199A(e)(1) of such Code is amended by striking
``Taxable income'' and inserting ``Except as otherwise
provided in subsection (g)(2)(B), taxable income''.
(D) Section 613(a) of such Code is amended by striking
``the deduction under section 199A'' and inserting ``any
deduction under section 199A''.
(b) Modifications Related to Payments From Cooperatives.--
(1) Repeal of special deduction for qualified cooperative
dividends.--Subsection (a) of section 199A of such Code is
amended to read as follows:
``(a) Allowance of Deduction.--In the case of a taxpayer
other than a corporation, there shall be allowed as a
deduction for any taxable year an amount equal to the lesser
of--
``(1) the combined qualified business income amount of the
taxpayer, or
``(2) an amount equal to 20 percent of the excess (if any)
of--
``(A) the taxable income of the taxpayer for the taxable
year, over
``(B) the net capital gain (as defined in section 1(h)) of
the taxpayer for such taxable year.''.
(2) Repeal of rule excluding qualified cooperative
dividends from qualified business income.--
(A) In general.--Section 199A(c)(1) of such Code is amended
by striking ``, qualified cooperative dividends,''.
(B) Conforming amendments.--
(i) Section 199A(c)(3)(B) of such Code is amended--
(I) by striking ``investment'' in the matter preceding
clause (i), and
(II) by adding at the end of clause (ii) the following:
``Any amount described in section 1385(a)(1) shall not be
treated as described in this clause.''.
(ii) Section 199A(e) of such Code is amended by striking
paragraph (4) and by redesignating paragraph (5) as paragraph
(4).
(3) Reduction of qualified business income with respect to
income received from cooperatives.--Section 199A(b) of such
Code is amended by adding at the end the following new
paragraph:
``(7) Special rule with respect to income received from
cooperatives.--In the case of any qualified trade or business
of a patron of a specified agricultural or horticultural
cooperative, the amount determined under paragraph (2) with
respect to such trade or business shall be reduced by the
lesser of--
``(A) 9 percent of so much of the qualified business income
with respect to such trade or business as is properly
allocable to qualified payments received from such
cooperative, or
``(B) 50 percent of so much of the W-2 wages with respect
to such trade or business as are so allocable.''.
(c) Application of Section 199 to Certain Qualified
Payments Paid After 2017.--Subsection (c) of section 13305 of
Public Law 115-97 is amended to read as follows:
``(c) Effective Dates.--
``(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2017.
``(2) Transition rule for qualified payments of patrons of
cooperatives.--
``(A) In general.--The amendments made by this section
shall not apply to a qualified payment received by a taxpayer
from a specified agricultural or horticultural cooperative in
a taxable year of the taxpayer beginning after December 31,
2017, which is attributable to qualified production
activities income with respect to which a deduction is
allowable to the cooperative under section 199 of the
Internal Revenue Code of 1986 (as in effect before the
amendments made by this section) for a taxable year of the
cooperative beginning before January 1, 2018. Any term used
in this subparagraph which is also used in section 199 of
such Code (as so in effect) shall have the same meaning as
when used in such section.
``(B) Coordination with section 199a.--No deduction shall
be allowed under section 199A of such Code for any qualified
payment to which subparagraph (A) applies.''.
(d) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall take
effect as if included in section 11011 of Public Law 115-97.
(2) Application of section 199 to certain qualified
payments paid after 2017.--The amendment made by subsection
(c) shall take effect as if included in section 13305 of
Public Law 115-97.
SEC. 102. INCREASE IN STATE HOUSING CREDIT CEILING FOR ,
2019, 2020, 2021.
(a) In General.--Section 42(h)(3)(I) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(I) Increase in state housing credit ceiling for 2018,
2019, 2020, and 2021.--In the case of calendar years 2018,
2019, 2020, and 2021, each of the dollar amounts in effect
under clauses (I) and (II) of subparagraph (C)(ii) for any
calendar year (after any increase under subparagraph (H))
shall be increased by multiplying such dollar amount by
1.125.''.
(b) Effective Date.--The amendment made by this section
shall apply to calendar years beginning after December 31,
2017.
SEC. 103. AVERAGE INCOME TEST FOR LOW-INCOME HOUSING CREDIT.
(a) In General.--Paragraph (1) of section 42(g) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``subparagraph (A) or (B)'' and inserting
``subparagraph (A), (B), or (C)'', and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Average income test.--
``(i) In general.--The project meets the minimum
requirements of this subparagraph if 40 percent or more (25
percent or more in the case of a project described in section
142(d)(6)) of the residential units in such project are both
rent-restricted and occupied by individuals whose income does
not exceed the imputed income limitation designated by the
taxpayer with respect to the respective unit.
``(ii) Special rules relating to income limitation.--For
purposes of clause (i)--
``(I) Designation.--The taxpayer shall designate the
imputed income limitation of each unit taken into account
under such clause.
``(II) Average test.--The average of the imputed income
limitations designated under subclause (I) shall not exceed
60 percent of area median gross income.
``(III) 10-percent increments.--The designated imputed
income limitation of any unit under subclause (I) shall be 20
percent, 30 percent, 40 percent, 50 percent, 60 percent, 70
percent, or 80 percent of area median gross income.''.
(b) Rules Relating to Next Available Unit.--Subparagraph
(D) of section 42(g)(2) of the Internal Revenue Code of 1986
is amended--
(1) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii), (iii), and (iv)'',
(2) in clause (ii)--
(A) by striking ``If'' and inserting ``In the case of a
project with respect to which the taxpayer elects the
requirements of subparagraph (A) or (B) of paragraph (1),
if'',
(B) by striking the second sentence, and
(C) by striking ``Next available unit must be rented to
low-income tenant if income rises above 140 percent of income
limit'' in the heading and inserting ``Rental of next
available unit in case of 20-50 or 40-60 test'', and
(3) by adding at the end the following new clauses:
``(iii) Rental of next available unit in case of average
income test.--In the case of a project with respect to which
the taxpayer elects the requirements of subparagraph (C) of
paragraph (1), if the income of the occupants of the unit
increases above 140 percent of the greater of--
``(I) 60 percent of area median gross income, or
``(II) the imputed income limitation designated with
respect to the unit under paragraph (1)(C)(ii)(I),
clause (i) shall cease to apply to any such unit if any
residential rental unit in the building (of a size comparable
to, or smaller than, such unit) is occupied by a new resident
whose income exceeds the limitation described in clause (v).
``(iv) Deep rent skewed projects.--In the case of a project
described in section 142(d)(4)(B), clause (ii) or (iii),
whichever is applicable, shall be applied by substituting
`170 percent' for `140 percent', and--
``(I) in the case of clause (ii), by substituting `any low-
income unit in the building is occupied by a new resident
whose income exceeds 40 percent of area median gross income'
for `any residential rental unit' and all that follows in
such clause, and
``(II) in the case of clause (iii), by substituting `any
low-income unit in the building is occupied by a new resident
whose income exceeds the lesser of 40 percent of area median
gross income or the imputed income limitation designated with
respect to such unit under paragraph (1)(C)(ii)(I)' for `any
residential rental unit' and all that follows in such clause.
``(v) Limitation described.--For purposes of clause (iii),
the limitation described in this clause with respect to any
unit is--
``(I) the imputed income limitation designated with respect
to such unit under paragraph (1)(C)(ii)(I), in the case of a
unit which
[[Page H1999]]
was taken into account as a low-income unit prior to becoming
vacant, and
``(II) the imputed income limitation which would have to be
designated with respect to such unit under such paragraph in
order for the project to continue to meet the requirements of
paragraph (1)(C)(ii)(II), in the case of any other unit.''.
(c) Effective Date.--The amendments made by this section
shall apply to elections made under section 42(g)(1) of the
Internal Revenue Code of 1986 after the date of the enactment
of this Act.
DIVISION U--TAX TECHNICAL CORRECTIONS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC.
(a) Short Title.--This division may be cited as the ``Tax
Technical Corrections Act of 2018''.
(b) Amendment of Internal Revenue Code of 1986.--Except as
otherwise expressly provided, whenever in this division an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents; etc.
TITLE I--TAX TECHNICAL CORRECTIONS
Sec. 101. Amendments relating to Protecting Americans from Tax Hikes
Act of 2015.
Sec. 102. Amendment relating to Consolidated Appropriations Act, 2016.
Sec. 103. Amendments relating to Fixing America's Surface
Transportation Act.
Sec. 104. Amendments relating to Surface Transportation and Veterans
Health Care Choice Improvement Act of 2015.
Sec. 105. Amendments relating to Stephen Beck, Jr., ABLE Act of 2014.
Sec. 106. Amendment relating to American Taxpayer Relief Act of 2012.
Sec. 107. Amendment relating to United States-Korea Free Trade
Agreement Implementation Act.
Sec. 108. Amendment relating to SAFETEA-LU.
Sec. 109. Amendments relating to the American Jobs Creation Act of
2004.
TITLE II--TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT RULES
Sec. 201. Scope of adjustments subject to partnership audit rules.
Sec. 202. Determination of imputed underpayments.
Sec. 203. Alternative procedure to filing amended returns for purposes
of modifying imputed underpayment.
Sec. 204. Treatment of passthrough partners in tiered structures.
Sec. 205. Treatment of failure of partnership to pay imputed
underpayment.
Sec. 206. Other technical corrections related to partnership audit
rules.
Sec. 207. Effective date.
TITLE III--OTHER CORRECTIONS
Sec. 301. Amendments relating to the Bipartisan Budget Act of 2015.
Sec. 302. Amendments relating to the Energy Policy Act of 2005.
TITLE IV--CLERICAL CORRECTIONS AND DEADWOOD
Sec. 401. Clerical corrections and deadwood-related provisions.
TITLE I--TAX TECHNICAL CORRECTIONS
SEC. 101. AMENDMENTS RELATING TO PROTECTING AMERICANS FROM
TAX HIKES ACT OF 2015.
(a) Amendment Relating to Section 103.--
(1) Section 32(b)(2) is amended--
(A) by striking clauses (ii) and (iii) of subparagraph (B),
and
(B) by striking so much of subparagraph (B) as precedes
``In the case of a joint return'' and inserting the
following:
``(B) Joint returns.--''.
(2) Section 32(j)(1) is amended--
(A) in the matter preceding subparagraph (A) by striking
``after 1996'' and inserting ``after 2015'',
(B) in subparagraph (B) by inserting ``by substituting in
subparagraph (A)(ii) thereof'' after ``, determined'' ,
(C) in subparagraph (B)(i) by striking ``by substituting''
and ``in subparagraph (A)(ii) thereof'',
(D) in subparagraph (B)(ii)--
(i) by striking ``by substituting'' and ``in subparagraph
(A)(ii) of such section 1'',
(ii) by striking ``$3,000'' and inserting ``$5,000'',
(iii) by striking ``(b)(2)(B)(iii)'' and inserting
``(b)(2)(B)'', and
(iv) by striking ``2007'' and inserting ``2008''.
(b) Amendment Relating to Section 105.--Section
132(f)(6)(A) is amended by striking the second sentence.
(c) Amendments Relating to Section 121.--Section 41(c) is
amended--
(1) by striking paragraph (4),
(2) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively, and
(3) by striking the last sentence of paragraph (4)(C) (as
so redesignated).
(d) Amendments Relating to Section 143.--
(1) Section 168(k)(2)(B)(i)(III) is amended by inserting
``binding'' before ``contract''.
(2) Section 168(k)(5)(B)(ii) is amended--
(A) by inserting ``crop or'' after ``more than one'', and
(B) by inserting ``a marketable crop or yield of'' after
``begins bearing''.
(3) For purposes of applying section 168(k) of the Internal
Revenue Code of 1986, as in effect on the day before the date
of the enactment of Public Law 115-97, with respect to
property acquired before September 28, 2017, paragraph (6)
thereof shall be treated as reading as follows (and as having
been included in section 143 of the Protecting Americans from
Tax Hikes Act of 2015):
``(6) Phase-down.--In the case of qualified property placed
in service by the taxpayer after December 31, 2017 (December
31, 2018, in the case of property described in subparagraph
(B) or (C) of paragraph (2)), paragraph (1)(A) shall be
applied by substituting for `50 percent'--
``(A) `40 percent' in the case of--
``(i) property placed in service in 2018 (other than
property described in subparagraph (B) or (C) of paragraph
(2)), and
``(ii) property described in subparagraph (B) or (C) of
paragraph (2) which is placed in service in 2019, and
``(B) `30 percent' in the case of--
``(i) property placed in service in 2019 (other than
property described in subparagraph (B) or (C) of paragraph
(2)), and
``(ii) property described in subparagraph (B) or (C) of
paragraph (2) which is placed in service in 2020.''.
(4) Section 168(k)(7) of the Internal Revenue Code of 1986,
as in effect on the day before the date of the enactment of
Public Law 115-97, shall be applied--
(A) by substituting ``paragraphs (1), (2)(F), and (4)'' for
``paragraphs (1) and (2)(F)'', and
(B) as if the application of such substitution had been
included in section 143 of the Protecting Americans from Tax
Hikes Act of 2015.
(e) Amendments Relating to Section 167.--
(1) Section 168(j)(3) is amended by striking ``property to
which paragraph (1) applies'' and inserting ``qualified
Indian reservation property''.
(2) Section 168(j)(8) is amended by striking ``this
subsection'' and inserting ``paragraph (1)''.
(f) Amendments Relating to Section 202.--
(1) Section 6722(c)(3)(A) is amended--
(A) by striking ``any information return'' in clause (iii)
and inserting ``the payee statement'', and
(B) by striking ``filed'' in the flush matter at the end
and inserting ``furnished''.
(2) Section 6721(c)(3)(A) is amended by striking ``any
information return'' and inserting ``the information
return''.
(3) Section 202(e) of the Protecting Americans from Tax
Hikes Act of 2015 is amended by striking ``provided'' and
inserting ``furnished''.
(g) Amendments Relating to Section 203.--
(1) Section 6109(i)(1)(A)(i) is amended by striking
``community-based certified acceptance agent'' and inserting
``community-based certifying acceptance agent''.
(2) Section 6109(i)(1)(B) is amended by striking ``Internal
Revenue Service'' and inserting ``Internal Revenue Service, a
community-based certifying acceptance agent approved by the
Secretary,''.
(3) Section 6109(i)(3) is amended--
(A) in subparagraph (A)--
(i) by inserting ``ending after the issuance of such
number'' before the period at the end of the first sentence,
and
(ii) by striking ``on the last day of such third
consecutive taxable year'' and inserting ``on the day after
the due date for the return of tax for such third consecutive
taxable year'', and
(B) by striking subparagraph (B)(ii) and inserting the
following:
``(ii) if the individual does not file a return of tax (or
is not included as a dependent on the return of tax of
another taxpayer) for 3 consecutive taxable years at least
one of which ends after December 18, 2015, the due date for
the return of tax for such third consecutive taxable year.''.
(4) Section 203(c) of the Protecting Americans from Tax
Hikes Act of 2015 is amended--
(A) by striking ``section 6109(i)(1)(A)(i)'' and inserting
``section 6109(i)(1)'',
(B) by striking ``community-based certified acceptance
agents'' and inserting ``community-based certifying
acceptance agents'', and
(C) by striking ``Certified'' in the heading thereof and
inserting ``Certifying''.
(5) Section 203(f) of the Protecting Americans from Tax
Hikes Act of 2015 is amended by striking ``The amendments''
and inserting ``Except to the extent provided in section
6109(i)(3) of the Internal Revenue Code of 1986, the
amendments''.
(h) Amendments Relating to Section 204.--Section 204(b) of
the Protecting Americans from Tax Hikes Act of 2015 is
amended--
(1) by striking paragraph (2), and
(2) by striking so much as precedes ``amendment made by
this section'' and inserting the following: ``(b) Effective
Date.--The''.
(i) Amendments Relating to Section 205.--
(1) Section 24(e)(2) is amended by striking ``identifying
number'' and inserting ``taxpayer identification number''.
(2) Section 205(c) of the Protecting Americans from Tax
Hikes Act of 2015 is amended--
(A) by striking paragraph (2), and
(B) by striking so much as precedes ``shall apply to any
return of tax'' and inserting the following: ``(c) Effective
Date.--The amendments made by this section''.
[[Page H2000]]
(j) Amendments Relating to Section 206.--Section 206(b) of
the Protecting Americans from Tax Hikes Act of 2015 is
amended--
(1) by striking ``Except as provided in paragraph (2), the
amendment'' in paragraph (1) and inserting ``The amendment'',
and
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2).
(k) Amendment Relating to Section 209.--Section 209(d)(2)
of the Protecting Americans from Tax Hikes Act of 2015 is
amended by striking ``amendment made by subsection (b)'' and
inserting ``amendments made by subsections (b) and (c)''.
(l) Amendments Related to Sections 102, 206, 207, 208, and
211.--
(1) Section 25A(b)(1) is amended--
(A) in subparagraph (A) by striking ``$1,000'' and
inserting ``$2,000'', and
(B) in subparagraph (B)--
(i) by striking ``50 percent'' and inserting ``25
percent'',
(ii) by striking ``$1,000'' and inserting ``$2,000'', and
(iii) by striking ``the applicable limit'' and inserting
``$4,000''.
(2) Subparagraphs (A) and (C) of section 25A(b)(2) are
amended by striking ``2'' in the heading and text of each
subparagraph and inserting ``4''.
(3) Section 25A(b)(4) is amended to read as follows:
``(4) Restrictions on taxpayers who improperly claimed
american opportunity tax credit in prior years.--
``(A) Taxpayers making prior fraudulent or reckless
claims.--
``(i) In general.--No American Opportunity Tax Credit shall
be allowed under this section for any taxable year in the
disallowance period.
``(ii) Disallowance period.--For purposes of subparagraph
(A), the disallowance period is--
``(I) the period of 10 taxable years after the most recent
taxable year for which there was a final determination that
the taxpayer's claim of the American Opportunity Tax Credit
under this section was due to fraud, and
``(II) the period of 2 taxable years after the most recent
taxable year for which there was a final determination that
the taxpayer's claim of the American Opportunity Tax Credit
under this section was due to reckless or intentional
disregard of rules and regulations (but not due to fraud).
``(B) Taxpayers making improper prior claims.--In the case
of a taxpayer who is denied the American Opportunity Tax
Credit under this section for any taxable year as a result of
the deficiency procedures under subchapter B of chapter 63,
no American Opportunity Tax Credit shall be allowed under
this section for any subsequent taxable year unless the
taxpayer provides such information as the Secretary may
require to demonstrate eligibility for such credit.''.
(4) Section 25A(d) is amended to read as follows:
``(d) Limitations Based on Modified Adjusted Gross
Income.--
``(1) American opportunity tax credit.--The American
Opportunity Tax Credit (determined without regard to this
paragraph) shall be reduced (but not below zero) by the
amount which bears the same ratio to such credit (as so
determined) as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted gross income for
such taxable year, over
``(ii) $80,000 ($160,000 in the case of a joint return),
bears to
``(B) $10,000 ($20,000 in the case of a joint return).
``(2) Lifetime learning credit.--The Lifetime Learning
Credit (determined without regard to this paragraph) shall be
reduced (but not below zero) by the amount which bears the
same ratio to such credit (as so determined) as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted gross income for
such taxable year, over
``(ii) $40,000 ($80,000 in the case of a joint return),
bears to
``(B) $10,000 ($20,000 in the case of a joint return).
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means
the adjusted gross income of the taxpayer for the taxable
year increased by any amount excluded from gross income under
section 911, 931, or 933.''.
(5) Section 25A(f)(1) is amended by adding at the end the
following new subparagraph:
``(D) Required course materials taken into account for
american opportunity tax credit.--For purposes of determining
the American Opportunity Tax Credit, subparagraph (A) shall
be applied by substituting `tuition, fees, and course
materials' for `tuition and fees'.''.
(6) Section 25A(g)(1) is amended--
(A) by striking ``No credit'' and inserting the following:
``(A) In general.--No credit'', and
(B) by adding at the end the following new subparagraph:
``(B) Additional identification requirements with respect
to american opportunity tax credit.--
``(i) Student.--The requirements of subparagraph (A) shall
not be treated as met with respect to the American
Opportunity Tax Credit unless the individual's taxpayer
identification number was issued on or before the due date
for filing the return of tax for the taxable year.
``(ii) Taxpayer.--No American Opportunity Tax Credit shall
be allowed under this section if the taxpayer identification
number of the taxpayer was issued after the due date for
filing the return for the taxable year.
``(iii) Institution.--No American Opportunity Tax Credit
shall be allowed under this section unless the taxpayer
includes the employer identification number of any
institution to which qualified tuition and related expenses
were paid with respect to the individual.''.
(7) Section 25A(h) is amended to read as follows:
``(h) Inflation Adjustment.--
``(1) In general.--In the case of a taxable year beginning
after 2001, the $40,000 and $80,000 amounts in subsection
(d)(2) shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2000'
for `calendar year 2016' in subparagraph (A)(ii) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $1,000, such amount shall be rounded
to the next lowest multiple of $1,000.''.
(8) Section 25A(i) is amended to read as follows:
``(i) Portion of American Opportunity Tax Credit Made
Refundable.--Forty percent of so much of the credit allowed
under subsection (a) as is attributable to the American
Opportunity Tax Credit (determined after application of
subsection (d) and without regard to this paragraph and
section 26(a)) shall be treated as a credit allowable under
subpart C (and not allowed under subsection (a)). The
preceding sentence shall not apply to any taxpayer for any
taxable year if such taxpayer is a child to whom subsection
(g) of section 1 applies for such taxable year.''.
(9) The heading of section 25A is amended by striking
``hope'' and inserting ``american opportunity''.
(10) The item relating to section 25A in the table of
contents for subpart A of part IV of subchapter A of chapter
1 is amended to read as follows:
``Sec. 25A. American Opportunity and Lifetime Learning credits.''.
(11) The heading of section 25A(b) is amended by striking
``Hope Scholarship Credit'' and inserting ``American
Opportunity Tax Credit''.
(12) The heading of section 25A(b)(2) is amended by
striking ``hope scholarship credit'' and inserting ``american
opportunity tax credit''.
(13) The heading of section 25A(c)(2)(A) is amended by
striking ``hope scholarship'' and inserting ``american
opportunity tax credit''.
(14) Section 25A, as amended by the preceding provisions of
this Act, is amended by striking ``Hope Scholarship Credit''
each place it appears in the text and inserting ``American
Opportunity Tax Credit''.
(15) The heading of section 529(c)(3)(B)(v) is amended by
striking ``hope'' and inserting ``american opportunity''.
(16) The heading of section 530(d)(2)(C) is amended by
striking ``hope'' and inserting ``american opportunity''.
(17) Section 6211(b)(4)(A), as amended by this Act, is
amended by striking ``subsection (i)(5)'' and inserting
``subsection (i)''.
(18) Section 6213(g)(2)(Q) is amended to read as follows:
``(Q) an omission of information required by section
25A(b)(4)(B) or an entry on the return claiming the American
Opportunity Tax Credit for a taxable year for which such
credit is disallowed under section 25A(b)(4)(A).''.
(19) Section 207(b)(1) of the Protecting Americans from Tax
Hikes Act of 2015 is amended by striking ``the American
opportunity tax credit under section 25A(i) of such Code''
and inserting ``the American Opportunity Tax Credit under
section 25A of such Code''.
(m) Amendment Relating to Section 311.--
(1) The last sentence of section 355(h)(2)(B) is amended by
striking ``80 percent'' both places it appears and inserting
``at least 80 percent''.
(2) Section 355(h)(2) is amended--
(A) by striking ``spinoffs'' in the heading of such
paragraph and inserting ``distributions'', and
(B) by striking ``Spinoffs'' in the headings of
subparagraphs (A) and (B) and inserting ``Distributions''.
(n) Amendment Relating to Section 318.--
(1) Section 856(c)(9)(A) is amended--
(A) by striking ``Personal property'' and inserting the
following:
``(i) In general.--Personal property'', and
(B) by adding at the end the following new clause:
``(ii) Treatment of gain on disposition.--If--
``(I) personal property is leased under, or in connection
with, a lease of real property, for a period of not less than
1 year, and rents attributable to such personal property are
treated as rents from real property under subsection
(d)(1)(C),
``(II) any portion of such personal property and any
portion of such real property are sold, or otherwise disposed
of, in a single disposition (or contemporaneously in separate
dispositions), and
``(III) the fair market value of the personal property so
sold or contemporaneously disposed of (determined at the time
of disposition) does not exceed 15 percent of the total
[[Page H2001]]
fair market value of all of the personal and real property so
sold or contemporaneously disposed of (determined at the time
of disposition),
any gain from such dispositions shall be treated for purposes
of paragraphs (2)(H) and (3)(H) as gain from the disposition
of a real estate asset.''.
(2) Section 856(c)(9)(B) is amended to read as follows:
``(B) Certain personal property mortgaged in connection
with real property.--
``(i) In general.--In the case of an obligation secured by
a mortgage on both real property and personal property, if
the fair market value of such personal property does not
exceed 15 percent of the total fair market value of all such
property, such obligation shall be treated--
``(I) for purposes of paragraph (3)(B), as an obligation
described therein,
``(II) for purposes of paragraph (4)(A), as a real estate
asset, and
``(III) for purposes of paragraphs (2)(D) and (3)(C), as a
mortgage on real property.
``(ii) Determination of fair market value.--
``(I) In general.--Except as provided in subclause (II),
the fair market value of all such property shall be
determined for purposes of clause (i) in the same manner as
the fair market value of real property is determined for
purposes of apportioning interest income between real
property and personal property under paragraph (3)(B).
``(II) Gain on disposition.--For purposes of applying
clause (i)(III), fair market value shall be determined at the
time of sale or other disposition.''.
(o) Amendment Related to Section 302(b).--Section
529A(c)(1) is amended by striking subparagraph (D).
(p) Amendments Relating to Section 322.--
(1) Section 897(k)(2) is amended--
(A) by striking so much of subparagraph (B) as precedes
``amounts realized by the qualified shareholder'' and
inserting the following:
``(B) Exception.--In the case of a qualified shareholder
with one or more applicable investors--
``(i) subparagraph (A)(i) shall not apply to the applicable
percentage of the stock of the real estate investment trust
held by the qualified shareholder, and
``(ii) the applicable percentage of the'', and
(B) by adding at the end the following new subparagraph:
``(F) Applicable percentage.--For purposes of subparagraph
(B), the term `applicable percentage' means the percentage of
the value of the interests (other than interests held solely
as a creditor) in the qualified shareholder held by
applicable investors.''.
(2) Section 897(k)(2)(D) is amended by striking
``paragraph'' and inserting ``subsection''.
(3) Section 897(k)(2)(E) is amended by striking ``and (C)
and paragraph (4)'' and inserting ``and (D)''.
(4) Section 897(k)(3)(B)(i) is amended by striking so much
as precedes ``for a reduced rate of withholding'' and
inserting the following:
``(i) which--
``(I) is eligible for benefits under the comprehensive
income tax treaty described in subparagraph (A)(i)(I), but
only if the dividends article of such treaty imposes
conditions on the benefits allowable in the case of dividends
paid by a real estate investment trust, and
``(II) is eligible under such treaty''.
(5) Section 897(k)(3)(B)(ii) is amended--
(A) by adding ``and'' at the end of subclause (II), and
(B) by striking ``United States corporation'' in subclause
(III) and inserting ``domestic corporation''.
(6) Section 322 of the Protecting Americans from Tax Hikes
Act of 2015 is amended by striking subsections (b)(2) and
(c)(3), and the Internal Revenue Code of 1986 shall be
applied as if such subsections, and amendments made thereby,
had never been enacted.
(7) Section 322(c)(2) of such Act is amended by striking
``take effect on'' and inserting the following: ``apply with
respect to testing periods (as defined in section
897(h)(4)(D) of the Internal Revenue Code of 1986) ending on
or after''.
(q) Amendments Related to Section 323.--
(1) So much of subsection (l) of section 897 as precedes
paragraph (2) thereof is amended to read as follows:
``(l) Exception for Qualified Foreign Pension Funds.--
``(1) In general.--For purposes of this section, a
qualified foreign pension fund shall not be treated as a
nonresident alien individual or a foreign corporation. For
purposes of the preceding sentence, an entity all the
interests of which are held by a qualified foreign pension
fund shall be treated as such a fund.''.
(2) Subparagraph (B) of section 897(l)(2) is amended to
read as follows:
``(B) which is established--
``(i) by such country (or one or more political
subdivisions thereof) to provide retirement or pension
benefits to participants or beneficiaries that are current or
former employees (including self-employed individuals) or
persons designated by such employees, as a result of services
rendered by such employees to their employers, or
``(ii) by one or more employers to provide retirement or
pension benefits to participants or beneficiaries that are
current or former employees (including self-employed
individuals) or persons designated by such employees in
consideration for services rendered by such employees to such
employers,''.
(3) Section 897(l)(2)(D) is amended by striking ``provides
annual information reporting about its beneficiaries to the
relevant tax authorities'' and inserting ``with respect to
which annual information about its beneficiaries is provided,
or is otherwise available, to the relevant tax authorities''.
(4) Section 897(l)(2)(E) is amended--
(A) by striking ``such entity'' in clause (i) and inserting
``such entity or arrangement'', and
(B) by striking ``or such income is taxed at a reduced
rate'' in clause (ii) and inserting ``, or such income is
excluded from the gross income of such entity or arrangement
or is taxed at a reduced rate''.
(r) Amendments Relating to Section 333.--
(1) Section 831(b)(2)(B)(i)(II) is amended by striking
``specified assets'' and inserting ``relevant specified
assets''
(2) Section 831(b)(2)(B) is amended by redesignating clause
(ii) as clause (iv) and by inserting after clause (i) the
following new clauses:
``(ii) Aggregation of certain spousal interests.--For
purposes of clause (i)(II), any interest in the insurance
company referred to in such clause which is held (directly or
indirectly) by an individual who is a spouse of the specified
holder, and who is a citizen of the United States, shall be
treated as held by the specified holder.
``(iii) Specified holder.--For purposes of this
subparagraph, the term `specified holder' means, with respect
to any insurance company, any individual who holds (directly
or indirectly) an interest in such insurance company and
who--
``(I) is a lineal descendent (including by adoption) of an
individual who holds an interest (directly or indirectly) in
the specified assets with respect to such insurance company
or of such individual's spouse,
``(II) is a spouse of any lineal descendent described in
subclause (I), or
``(III) is not a citizen of the United States and is a
spouse of an individual who holds an interest (directly or
indirectly) in the specified assets with respect to such
insurance company.''.
(3) Section 831(b)(2)(B)(iv), as redesignated by paragraph
(2), is amended--
(A) by striking ``clause (i)(II)'' in the matter preceding
subclause (I) and inserting ``this subparagraph'', and
(B) by amending subclause (I) to read as follows:
``(I) Relevant specified assets.--The term `relevant
specified assets' means, with respect to any specified holder
with respect to any insurance company, the aggregate amount
of the specified assets, with respect to such insurance
company, any interest in which is held (directly or
indirectly) by any spouse or specified relation of such
specified holder. Such term shall not include any specified
asset solely by reason of an interest in such asset which was
acquired by such spouse or specified relation by bequest,
devise, or inheritance from a decedent during the taxable
year of the insurance company or the preceding taxable year.
For purposes of this subclause, the term `specified relation'
means any individual with respect to whom the specified
holder bears a relationship described in subclause (I) or
(II) of clause (iii).''.
(4) Section 831(b)(2) is amended by redesignating
subparagraph (D) as subparagraph (E) and by inserting after
subparagraph (C) the following new subparagraph:
``(D) Look-through of reinsurance and fronting
arrangements.--In the case of reinsurance or any fronting,
intermediary, or similar arrangement, the term `policyholder'
means each policyholder of the underlying direct written
insurance with respect to such reinsurance or arrangement.''.
(s) Effective Date.--The amendments made by this section
shall take effect as if included in the provision of the
Protecting Americans from Tax Hikes Act of 2015 to which they
relate.
SEC. 102. AMENDMENT RELATING TO CONSOLIDATED APPROPRIATIONS
ACT, 2016.
(a) Amendment Relating to Section 305 of Division P.--For
purposes of applying section 199(c)(3)(C)(i) of the Internal
Revenue Code of 1986 (as in effect before its repeal by
Public Law 115-97) to taxable years beginning after December
31, 2015, and before January 1, 2018, such section shall be
applied--
(1) by inserting ``who elects the application of this
clause for any taxable year,'' after ``In the case of any
taxpayer'',
(2) by substituting ``, and who'' for ``and who'',
(3) by substituting ``such taxable year'' for ``the taxable
year'', and
(4) by substituting ``(as defined in subsection
(d)(9)(B))'' for ``under subsection (d)(9)(B)''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in section 305 of division P
of the Consolidated Appropriations Act, 2016.
SEC. 103. AMENDMENTS RELATING TO FIXING AMERICA'S SURFACE
TRANSPORTATION ACT.
(a) Amendments Relating to Section 32101.--
(1) Section 7345(e)(1) is amended--
(A) by striking ``or the Tax Court'' and inserting ``, or
against the Commissioner in the Tax Court,'', and
[[Page H2002]]
(B) by adding at the end the following: ``For purposes of
the preceding sentence, the court first acquiring
jurisdiction over such an action shall have sole
jurisdiction.''.
(2) Section 7345(f) is amended by striking ``subsection
(a)'' and inserting ``subsection (b)(1)(B)''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in section 32101 of the
Fixing America's Surface Transportation Act.
SEC. 104. AMENDMENTS RELATING TO SURFACE TRANSPORTATION AND
VETERANS HEALTH CARE CHOICE IMPROVEMENT ACT OF
2015.
(a) Amendment Relating to Section 2004.--Section 6662(k) is
amended to read as follows:
``(k) Inconsistent Estate Basis Reporting.--For purposes of
this section, the term `inconsistent estate basis' means any
portion of an underpayment attributable to the failure to
comply with section 1014(f).''.
(b) Amendments Relating to Section 2008.--Section
9503(e)(2) is amended--
(1) by striking ``per gallon'' in subparagraph (C) and
inserting ``per energy equivalent of a gallon of diesel (as
defined in section 4041(a)(2)(D))'', and
(2) by striking ``per gallon'' in subparagraph (D) and
inserting ``per energy equivalent of a gallon of gasoline (as
defined in section 4041(a)(2)(C))''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the provision of the
Surface Transportation and Veterans Health Care Choice
Improvement Act of 2015 to which they relate.
SEC. 105. AMENDMENTS RELATING TO STEPHEN BECK, JR., ABLE ACT
OF 2014.
(a) Amendments Relating to Section 208.--Section 208(h) of
the Stephen Beck, Jr., ABLE Act of 2014 is amended--
(1) by striking so much as precedes ``made by this
section'' and inserting the following:
``(h) Effective Date.--
``(1) In general.--Except as provided in paragraph (2), the
amendments'',
(2) by inserting ``, and statements required to be
furnished,'' after ``returns required to be filed'', and
(3) by adding at the end the following new paragraph:
``(2) Subsection (c).--The amendment made by subsection (c)
shall apply to returns or claims for refund filed after
December 31, 2014.''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in section 208 of the
Stephen Beck, Jr., ABLE Act of 2014.
SEC. 106. AMENDMENT RELATING TO AMERICAN TAXPAYER RELIEF ACT
OF 2012.
(a) Amendment Relating to Section 104.--Section
6211(b)(4)(A) is amended by striking ``subsection (i)(6)''
and inserting ``subsection (i)(5)''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in section 104 of the
American Taxpayer Relief Act of 2012.
SEC. 107. AMENDMENT RELATING TO UNITED STATES-KOREA FREE
TRADE AGREEMENT IMPLEMENTATION ACT.
(a) Amendment Relating to Section 501.--Section 501(b) of
the United States-Korea Free Trade Agreement Implementation
Act is amended by striking ``returns required to be filed''
and inserting ``documents prepared''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in section 501 of the United
States-Korea Free Trade Agreement Implementation Act.
SEC. 108. AMENDMENT RELATING TO SAFETEA-LU.
(a) Amendment Relating to Section 11125.--Section 5681(b)
is amended by striking ``who has paid the special tax (or who
is exempt from payment of such special tax by reason of the
provisions of section 5113(a))'' and inserting ``who meets
the requirements of section 5121(a) and section 5124 (or who
is exempt from such requirements by reason of section
5121(b))''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in section 11125 of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users.
SEC. 109. AMENDMENTS RELATING TO THE AMERICAN JOBS CREATION
ACT OF 2004.
(a) Amendment Relating to Section 233.--Section
1361(c)(2)(B)(vi) is amended by striking ``a shareholder''
and inserting ``the shareholder''.
(b) Amendment Relating to Section 319.--Section
501(c)(12)(E) is amended by striking ``means the Federal
Energy Regulatory Commission'' and all that follows and
inserting: ``means--
``(i) the Federal Energy Regulatory Commission, or
``(ii) in the case of any utility with respect to which all
of the electricity generated, transmitted, or distributed by
such utility is generated, transmitted, distributed, and
consumed in the same State, the State agency of such State
with the authority to regulate electric utilities.''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in section 319 of the
American Jobs Creation Act of 2004.
TITLE II--TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT RULES
SEC. 201. SCOPE OF ADJUSTMENTS SUBJECT TO PARTNERSHIP AUDIT
RULES.
(a) In General.--Section 6241(2) is amended to read as
follows:
``(2) Partnership adjustment.--
``(A) In general.--The term `partnership adjustment' means
any adjustment to a partnership-related item.
``(B) Partnership-related item.--The term `partnership-
related item' means--
``(i) any item or amount with respect to the partnership
(without regard to whether or not such item or amount appears
on the partnership's return and including an imputed
underpayment and any item or amount relating to any
transaction with, basis in, or liability of, the partnership)
which is relevant (determined without regard to this
subchapter) in determining the tax liability of any person
under chapter 1, and
``(ii) any partner's distributive share of any item or
amount described in clause (i).''.
(b) Coordination With Other Chapters.--
(1) In general.--Section 6241 is amended by adding at the
end the following new paragraph:
``(9) Coordination with other chapters.--
``(A) In general.--This subchapter shall not apply with
respect to any tax imposed (including any amount required to
be deducted or withheld) under chapter 2, 2A, 3, or 4, except
that any partnership adjustment determined under this
subchapter for purposes of chapter 1 shall be taken into
account for purposes of determining any such tax to the
extent that such adjustment is relevant to such
determination.
``(B) Timing of withholding.--In the case of any tax
imposed (including any amount required to be deducted or
withheld) under chapter 3 or 4, which is determined with
respect to an adjustment described in subparagraph (A), such
tax--
``(i) shall be so determined with respect to the reviewed
year, and
``(ii) shall be so imposed (or so required to be deducted
or withheld) with respect to the adjustment year.
``(C) Statute of limitation on assessment.--For special
rule with respect to limitation on assessment of taxes under
chapter 2 or 2A which are attributable to any partnership
adjustment, see section 6501(c)(12).''.
(2) Special rule.--Section 6501(c) is amended by adding at
the end the following new paragraph:
``(12) Certain taxes attributable to partnership
adjustments.--In the case of any partnership adjustment
determined under subchapter C of chapter 63, the period for
assessment of any tax imposed under chapter 2 or 2A which is
attributable to such adjustment shall not expire before the
date that is 1 year after--
``(A) in the case of an adjustment pursuant to the decision
of a court in a proceeding brought under section 6234, such
decision becomes final, or
``(B) in any other case, 90 days after the date on which
the notice of the final partnership adjustment is mailed
under section 6231.''.
(c) Conforming Amendments.--
(1) Section 6211(c) is amended to read as follows:
``(c) Coordination With Subchapter C.--In determining the
amount of any deficiency for purposes of this subchapter,
adjustments to partnership-related items shall be made only
as provided in subchapter C.''.
(2) Section 6221(a) is amended to read as follows:
``(a) In General.--Any adjustment to a partnership-related
item shall be determined, and any tax attributable thereto
shall be assessed and collected, and the applicability of any
penalty, addition to tax, or additional amount which relates
to an adjustment to any such item shall be determined, at the
partnership level, except to the extent otherwise provided in
this subchapter.''.
(3) Section 6222(a) is amended to read as follows:
``(a) In General.--A partner shall, on the partner's
return, treat any partnership-related item in a manner which
is consistent with the treatment of such item on the
partnership return.''.
(4) Section 6226(a)(2) is amended by striking ``any
adjustment to income, gain, loss, deduction, or credit'' and
inserting ``any adjustment to a partnership-related item''.
(5) Section 6227(a) is amended by striking ``items of
income, gain, loss, deduction, or credit of the partnership''
and inserting ``partnership-related items''.
(6) Section 6231(a)(1) is amended by striking ``any item of
income, gain, loss, deduction, or credit of a partnership for
a partnership taxable year'' and inserting ``any partnership-
related item for any partnership taxable year''.
(7) Section 6234(c) is amended by striking ``all items of
income, gain, loss, deduction, or credit of the partnership''
and inserting ``all partnership-related items''.
(8) Section 7485(b) is amended by striking ``partnership
items'' and inserting ``partnership-related items (as defined
in section 6241)''.
SEC. 202. DETERMINATION OF IMPUTED UNDERPAYMENTS.
(a) In General.--Section 6225(b) is amended to read as
follows:
``(b) Determination of Imputed Underpayments.--For purposes
of this subchapter--
``(1) In general.--Except as otherwise provided in this
section, any imputed underpayment with respect to any
reviewed year shall be determined by the Secretary by--
``(A) appropriately netting all partnership adjustments
with respect to such reviewed year, and
[[Page H2003]]
``(B) applying the highest rate of tax in effect for the
reviewed year under section 1 or 11.
``(2) Adjustments to distributive shares of partners not
netted.--In the case of any adjustment which reallocates the
distributive share of any item from one partner to another,
such adjustment shall be taken into account by disregarding
so much of such adjustment as results in a decrease in the
amount of the imputed underpayment.
``(3) Adjustments separately netted by category.--For
purposes of paragraph (1)(A), partnership adjustments for any
reviewed year shall first be separately determined (and
netted as appropriate) within each category of items that are
required to be taken into account separately under section
702(a) or other provision of this title.
``(4) Limitation on adjustments that may be taken into
account.--If any adjustment would (but for this paragraph)--
``(A) result in a decrease in the amount of the imputed
underpayment, and
``(B) could be subject to any additional limitation under
the provisions of this title (or not allowed, in whole or in
part, against ordinary income) if such adjustment were taken
into account by any person,
such adjustment shall not be taken into account under
paragraph (1)(A) except to the extent otherwise provided by
the Secretary.''.
(b) Modifications of Imputed Underpayments.--
(1) Section 6225(c)(3) is amended by striking ``without
regard to the portion thereof'' and inserting ``without
regard to the portion of the adjustment''.
(2) Section 6225(c)(4)(A) is amended by striking ``with
respect to any portion of the imputed underpayment'' and
inserting ``with respect to any portion of the adjustment''.
(3) Section 6225(c)(5)(A)(i) is amended by striking
``without regard to the portion thereof'' and inserting
``without regard to the portion of the adjustment''.
(c) Conforming Amendments.--
(1) Section 6225(a) is amended to read as follows:
``(a) In General.--In the case of any adjustments by the
Secretary to any partnership-related items with respect to
any reviewed year of a partnership--
``(1) if such adjustments result in an imputed
underpayment, the partnership shall pay an amount equal to
such imputed underpayment in the adjustment year as provided
in section 6232, and
``(2) if such adjustments do not result in an imputed
underpayment, such adjustments shall be taken into account by
the partnership in the adjustment year.''.
(2) Section 6225(c) is amended by adding at the end the
following new paragraph:
``(9) Modification of adjustments not resulting in an
imputed underpayment.--The Secretary shall establish
procedures under which the adjustments described in
subsection (a)(2) may be modified in such manner as the
Secretary determines appropriate.''.
SEC. 203. ALTERNATIVE PROCEDURE TO FILING AMENDED RETURNS FOR
PURPOSES OF MODIFYING IMPUTED UNDERPAYMENT.
(a) In General.--Section 6225(c)(2) is amended to read as
follows:
``(2) Procedures for partners to take adjustments into
account.--
``(A) Amended returns of partners.--Such procedures shall
provide that if--
``(i) one or more partners file returns for the taxable
year of the partners which includes the end of the reviewed
year of the partnership (and for any taxable year with
respect to which any tax attribute is affected by reason of
any adjustment referred to in clause (ii)),
``(ii) such returns take into account all adjustments under
subsection (a) properly allocable to such partners (and the
effect of such adjustments on any tax attributes), and
``(iii) payment of any tax due is included with such
returns,
then the imputed underpayment amount shall be determined
without regard to the portion of the adjustments so taken
into account.
``(B) Alternative procedure to filing amended returns.--
Such procedures shall provide that, with respect to any
partner referred to in subparagraph (A), the requirements of
subparagraph (A) shall be treated as satisfied with respect
to adjustments properly allocable to such partner if, in lieu
of filing the returns described in such subparagraph--
``(i) the amounts described in subparagraph (A)(iii) are
paid by the partner,
``(ii) the partner agrees to take into account, in the form
and manner prescribed by the Secretary, the adjustments to
the tax attributes of such partner referred to in
subparagraph (A)(ii), and
``(iii) such partner provides, in the form and manner
specified by the Secretary (including, if the Secretary so
specifies, in the same form as on an amended return), such
information as the Secretary may require to carry out this
subparagraph.
``(C) Reallocation of distributive share.--In the case of
any adjustment which reallocates the distributive share of
any item from one partner to another, this paragraph shall
apply with respect to any such partner only if the
requirements of subparagraph (A) or (B) are satisfied with
respect to all partners affected by such adjustment.
``(D) Application of statute of limitations.--In the case
of adjustments referred to in subparagraph (A)(ii), sections
6501 and 6511 shall not apply with respect to any return
filed for purposes of subparagraph (A)(i) or any amount paid
under subparagraph (A)(iii) or (B)(i).
``(E) Adjustments to tax attributes binding for affected
taxable years of partner.--The adjustments to the tax
attributes of any partner provided for in subparagraph
(A)(ii) or (B)(ii) shall be binding with respect to the
taxable year of the partner which includes the end of the
reviewed year of the partnership and any taxable years for
which any tax attribute is affected by such adjustment. Any
failure to so treat any such tax attribute shall be treated
for purposes of this title in the same manner as a failure to
treat a partnership-related item in a manner which is
consistent with the treatment of such item on the partnership
return within the meaning of section 6222.
``(F) Application to partnerships and s corporations in
tiered structures.--
``(i) In general.--In the case of any partnership any
partner of which is a partnership, subparagraph (A) or (B)
may apply with respect to any partner (hereafter in this
subparagraph referred to as the `relevant partner') in the
chain of ownership of such partnerships if--
``(I) such information as the Secretary may require is
furnished to the Secretary for purposes of carrying out this
paragraph with respect to such partnerships (including any
information the Secretary may require with respect to any
chain of ownership of the relevant partner), and
``(II) to such extent as the Secretary may require, each
partnership in the chain of ownership between the relevant
partner and the audited partnership satisfies the
requirements of subparagraph (A) or (B).
``(ii) Treatment of s corporations.--For purposes of clause
(i), an S corporation and its shareholders shall be treated
in the same manner as a partnership and its partners.''.
(b) Conforming Amendment.--Section 6201(a)(1) is amended by
inserting ``(or payments under section 6225(c)(2)(B)(i))''
after ``returns or lists''.
SEC. 204. TREATMENT OF PASSTHROUGH PARTNERS IN TIERED
STRUCTURES.
(a) In General.--Section 6226(b) is amended by adding at
the end the following new paragraph:
``(4) Treatment of partnerships and s corporations in
tiered structures.--
``(A) In general.--If a partner which receives a statement
under subsection (a)(2) is a partnership or an S corporation,
such partner shall, with respect to the partner's share of
the adjustment--
``(i) file with the Secretary a partnership adjustment
tracking report which includes such information as the
Secretary may require, and
``(ii)(I) furnish statements under rules similar to the
rules of subsection (a)(2), or
``(II) if no such statements are furnished, compute and pay
an imputed underpayment under rules similar to the rules of
section 6225 (other than paragraphs (2), (7), and (9) of
subsection (c) thereof).
``(B) Due date.--For purposes of subparagraph (A), with
respect to a partner's share of the adjustment, the
partnership adjustment tracking report shall be filed, and
the imputed underpayment shall be paid or statements shall be
furnished, not later than the due date for the return for the
adjustment year of the audited partnership.
``(C) Partnership payment of tax if elected out of
subchapter.--In the case of a partnership which has elected
the application of section 6221(b) with respect to the
taxable year of the partnership which includes the end of the
reviewed year of the audited partnership, this paragraph
shall apply notwithstanding such election.
``(D) Audited partnership.--For purposes of this paragraph,
the term `audited partnership' means, with respect to any
partner described in subparagraph (A), the partnership in the
chain of ownership originally electing the application of
this section.
``(E) Treatment of trusts.--The Secretary shall prescribe
such rules as may be necessary with respect to trusts which
receive a statement under subsection (a)(2).''.
(b) Conforming Amendments.--
(1) Section 6226(b)(1) is amended by striking ``Each
partner's'' and inserting ``Except as provided in paragraph
(4), each partner's''.
(2) Section 6226(c)(2) is amended by inserting ``or which
is described in subsection (b)(4)(A)(ii)(I),'' after ``is
elected,''.
SEC. 205. TREATMENT OF FAILURE OF PARTNERSHIP TO PAY IMPUTED
UNDERPAYMENT.
(a) In General.--Section 6232 is amended by adding at the
end the following new subsection:
``(f) Failure to Pay Imputed Underpayment.--
``(1) In general.--If any amount of any imputed
underpayment to which section 6225 applies or any specified
similar amount (or any interest or penalties with respect to
any such amount) has not been paid by the date which is 10
days after the date on which the Secretary provides notice
and demand for such payment--
``(A) section 6621(a)(2)(B) shall be applied by
substituting `5 percentage points' for `3 percentage points'
with respect to such amount, and
``(B) the Secretary may assess upon each partner of the
partnership (determined as of the close of the adjustment
year or, if the partnership has ceased to exist as of such
time, the former partners of the partnership as determined
for purposes of section 6241(7))
[[Page H2004]]
a tax equal to such partner's proportionate share of such
amount (including any such interest or penalties, determined
after application of subparagraph (A)).
``(2) Specified similar amount.--For purposes of this
subsection, the term `specified similar amount' means--
``(A) the amount described in subclause (II) of section
6226(b)(4)(A)(ii) (including any failure to satisfy the
requirement of subclause (I) of such section which is treated
as a failure to pay such amount under section 6651(i)), and
``(B) any amount assessed under paragraph (1)(B) upon a
partner which is a partnership.
``(3) Proportionate share.--For purposes of paragraph (1),
a partner's proportionate share is such percentage as the
Secretary may determine on the basis of such partner's
distributive share. The Secretary shall make determinations
under the preceding sentence such that the aggregate
proportionate shares so determined total 100 percent.
``(4) Coordination with partnership liability.--The
liability of the partnership for any amount with respect to
which a partner is made liable under paragraph (1) shall be
reduced upon payment by the partner of such amount. Paragraph
(1)(B) shall not apply with respect to any amount after the
date on which such amount is paid by the partnership.
``(5) S corporations.--For purposes of this subsection, an
S corporation and its shareholders shall be treated in the
same manner as a partnership and its partners.
``(6) Rules related to assessment and collection.--
``(A) Deficiency procedures not applicable.--Subchapter B
shall not apply to any assessment or collection under this
paragraph.
``(B) Limitation on assessment.--Except as otherwise
provided in this subtitle, no assessment may be made (or
proceeding in court begun without assessment) with respect to
any partner with respect to an amount under paragraph (1)
after the date which is 2 years after the date on which the
Secretary provides the notice and demand referred to in
paragraph (1) with respect to such amount.''.
(b) Conforming Amendment.--Section 6501(c)(4)(A) is amended
by striking ``in this section''.
SEC. 206. OTHER TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP
AUDIT RULES.
(a) Limitation on Amendment of Statements Furnished to
Partners Not Applicable to Partnerships Electing Out of
Partnership Audit Rules.--Section 6031(b) is amended by
striking the last sentence and inserting the following:
``Information required to be furnished by the partnership
under this subsection may not be amended after the due date
of the return under subsection (a) to which such information
relates, except--
``(1) in the case of a partnership which has elected the
application of section 6221(b) for the taxable year,
``(2) as provided in the procedures under section 6225(c),
``(3) with respect to statements under section 6226, or
``(4) as otherwise provided by the Secretary.''.
(b) Administrative Adjustment Request and Partnership
Adjustment Tracking Report Not Treated as Amended Return for
Purposes of Modification of Imputed Underpayments.--Section
6225(c)(2), as amended by the preceding provisions of this
Act, is amended by adding at the end the following new
subparagraph:
``(F) Adjustments not treated as amended return.--An
administrative adjustment request under section 6227 and a
partnership adjustment tracking report under section
6226(b)(4)(A) shall not be treated as a return for purposes
of this paragraph.''.
(c) Authority to Require e-filing of Materials in
Connection With Modification of Imputed Underpayments, etc.--
Section 6241, as amended by the preceding provisions of this
Act, is amended by adding at the end the following new
paragraph:
``(10) Authority to require electronic filing.--
Notwithstanding section 6011(e), the Secretary may require
that anything required to be filed or submitted under section
6225(c), or to be furnished to or filed with the Secretary
under section 6226, be so filed, submitted, or furnished by
magnetic media or in other machine-readable form.''.
(d) Clarification of Assessment Authority.--Section 6226(a)
is amended by inserting ``(and no assessment of tax, levy, or
proceeding in any court for the collection of such
underpayment shall be made against such partnership)'' after
``section 6225 shall not apply with respect to such
underpayment''.
(e) Treatment of Partnership Adjustments That Result in
Decrease in Tax in Case of Election to Push Out
Adjustments.--Section 6226(b) is amended--
(1) by striking ``increased'' in paragraph (1) and
inserting ``adjusted'',
(2) by striking ``adjustment amounts'' each place it
appears in paragraphs (1) and (2) and inserting ``correction
amounts'',
(3) by striking ``increase'' each place it appears in
subparagraphs (A) and (B) of paragraph (2) and inserting
``increase or decrease'',
(4) by striking ``plus'' at the end of paragraph (2)(A) and
inserting ``and'', and
(5) by striking ``Adjustment amounts'' in the heading of
paragraph (2) and inserting ``Correction amounts''.
(f) Coordination of Statute of Limitation on Filing
Administration Adjustment Request With Adjustments Related to
Foreign Tax Credits.--Section 6227 is amended by adding at
the end the following new subsection:
``(d) Coordination With Adjustments Related to Foreign Tax
Credits.--The Secretary shall issue regulations or other
guidance which provide for the proper coordination of this
section and section 905(c).''.
(g) Clarification of Assessment of Imputed Underpayments.--
(1) In general.--Section 6232(a) is amended by striking
``except that in the case of'' and all that follows and
inserting the following: ``except that--
``(1) subchapter B of chapter 63 shall not apply, and
``(2) in the case of an administrative adjustment request
to which section 6227(b)(1) applies, the underpayment shall
be paid and may be assessed when the request is filed.''.
(2) Conforming amendment.--Section 6232(b) is amended--
(A) by striking ``assessment of a deficiency'' and
inserting ``assessment of an imputed underpayment'', and
(B) by adding at the end the following new flush matter:
``The preceding sentence shall not apply in the case of a
specified similar amount (as defined in subsection
(f)(2)).''.
(h) Time Limitation for Notice of Proposed Adjustment.--
(1) In general.--Section 6231 is amended by redesignating
subsections (b) and (c) as subsections (c) and (d),
respectively, and by inserting after subsection (a) the
following new subsection:
``(b) Timing of Notices.--
``(1) Notice of proposed partnership adjustment.--Any
notice of a proposed partnership adjustment shall not be
mailed later than the date determined under section 6235
(determined without regard to paragraphs (2) and (3) of
subsection (a) thereof).
``(2) Notice of final partnership adjustment.--
``(A) In general.--Except to the extent that the
partnership elects to waive the application of this
subparagraph, any notice of a final partnership adjustment
shall not be mailed earlier than 270 days after the date on
which the notice of the proposed partnership adjustment is
mailed.
``(B) Statute of limitations on adjustment.--For the period
of limitations on making adjustments, see section 6235.''.
(2) Conforming amendment.--Section 6231(a) is amended by
striking ``Any notice of a final partnership adjustment'' and
all that follows through ``Such notices'' and inserting ``Any
notice of a final partnership adjustment''.
(i) Deposit to Suspend Interest on Imputed Underpayment.--
Section 6233 is amended by adding at the end the following
new subsection:
``(c) Deposit to Suspend Interest.--For rules allowing
deposits to suspend running of interest on potential
underpayments, see section 6603.''.
(j) Deposit to Meet Jurisdictional Requirement.--The first
sentence of section 6234(b) is amended by striking ``the
amount of the imputed underpayment (as of the date of the
filing of the petition)'' and inserting ``the amount of (as
of the date of the filing of the petition) the imputed
underpayment, penalties, additions to tax, and additional
amounts with respect to such imputed underpayment''.
(k) Corrections Related to Period of Limitation on Making
Adjustments.--
(1) Section 6235(a) is amended--
(A) by inserting ``or section 905(c)'' after ``Except as
otherwise provided in this section'', and
(B) by striking ``subpart'' and inserting ``subchapter''.
(2) Section 6235(a)(3) is amended by striking ``section
6225(c)(7)'' and inserting ``section 6225(c)(7))''.
(3) Section 6235(c)(2) is amended by striking ``section
6501(e)(1)(A)'' and inserting ``subparagraph (A) or (C) of
section 6501(e)(1)''.
(4) Section 6235(c) is amended by adding at the end the
following new subparagraphs:
``(5) Information required to be reported.--In the case of
a partnership that is required to report any information
described in section 6501(c)(8), the time for making any
adjustment under this subchapter with respect to any tax
return, event, or period to which such information relates
shall not expire before the date that is determined under
section 6501(c)(8).
``(6) Listed transactions.--If a partnership fails to
include on any return or statement any information with
respect to a listed transaction as described in section
6501(c)(10), the time for making any adjustment under this
subchapter with respect to such transaction shall not expire
before the date that is determined under section
6501(c)(10).''.
(5) Section 6235 is amended by striking subsection (d).
(l) Treatment of Special Enforcement Matters.--Section
6241, as amended by the preceding provisions of this Act, is
amended by adding at the end the following new paragraph:
``(11) Treatment of special enforcement matters.--
``(A) In general.--In the case of partnership-related items
which involve special enforcement matters, the Secretary may
prescribe regulations pursuant to which--
``(i) this subchapter (or any portion thereof) does not
apply to such items, and
[[Page H2005]]
``(ii) such items are subject to such special rules
(including rules related to assessment and collection) as the
Secretary determines to be necessary for the effective and
efficient enforcement of this title.
``(B) Special enforcement matters.--For purposes of
subparagraph (A), the term `special enforcement matters'
means--
``(i) failure to comply with the requirements of section
6226(b)(4)(A)(ii),
``(ii) assessments under section 6851 (relating to
termination assessments of income tax) or section 6861
(relating to jeopardy assessments of income, estate, gift,
and certain excise taxes),
``(iii) criminal investigations,
``(iv) indirect methods of proof of income,
``(v) foreign partners or partnerships, and
``(vi) other matters that the Secretary determines by
regulation present special enforcement considerations.''.
(m) United States Shareholders and Certain Other Persons
Treated as Partners.--Section 6241, as amended by the
preceding provisions of this Act, is amended by adding at the
end the following new paragraph:
``(12) United states shareholders and certain other persons
treated as partners.--
``(A) In general.--Except as otherwise provided by the
Secretary, in the case of any controlled foreign corporation
(as defined in section 957 or 953(c)(1)) which is a partner
of a partnership, each United States shareholder (as defined
in section 951(b) or 953(c)(1)) with respect to such
controlled foreign corporation shall be treated for purposes
of this subchapter as a partner of such partnership. For
purposes of the preceding sentence, any distributive share of
any such United States shareholder with respect to such
partnership shall, except as otherwise provided by the
Secretary, be equal to such United States shareholder's pro
rata share with respect to such controlled foreign
corporation (determined under rules similar to the rules of
section 951(a)(2)).
``(B) Passive foreign investment companies.--For purposes
of subparagraph (A), in the case of a passive foreign
investment company (as defined in section 1297), each
taxpayer that makes an election under section 1295 with
respect to such company shall be treated in the same manner
as United States shareholders under subparagraph (A), except
that such taxpayer's pro rata share with respect to the
passive foreign investment company shall be determined under
rules similar to the rules of section 1293(b).
``(C) Regulations or other guidance.--The Secretary shall
issue such regulations or other guidance as is necessary or
appropriate to carry out the purposes of this paragraph,
including regulations which apply the rules of subparagraph
(A) in similar circumstances or with respect to similarly
situated persons.''.
(n) Penalties Related to Administrative Adjustment Requests
and Partnership Adjustment Tracking Reports.--
(1) Failure to pay.--Section 6651 is amended by
redesignating subsection (i) as subsection (j) and by
inserting after subsection (h) the following new subsection:
``(i) Application to Imputed Underpayment.--For purposes of
this section, any failure to comply with section
6226(b)(4)(A)(ii) shall be treated as a failure to pay the
amount described in subclause (II) thereof and such amount
shall be treated for purposes of this section as an amount
shown as tax on a return specified in subsection (a)(1).''.
(2) Failure to file partnership adjustment tracking
report.--Section 6698(a) is amended--
(A) in the matter preceding paragraph (1) by inserting ``,
or a partnership adjustment tracking report under section
6226(b)(4)(A),'' after ``under section 6031'',
(B) in paragraph (1) by inserting ``, or such report,''
after ``such return'', and
(C) in paragraph (2)--
(i) by inserting ``or a report'' after ``a return'', and
(ii) by inserting ``or 6226(b)(4)(A), respectively'' before
the comma at the end.
(3) Tax return preparer related penalties.--Section
6696(e)(1) is amended by inserting ``, any administrative
adjustment request under section 6227, and any partnership
adjustment tracking report under section 6226(b)(4)(A)''
before the period at the end.
(4) Frivolous tax submissions.--Section 6702 is amended by
adding at the end the following new subsection:
``(f) Partnership Adjustments.--An administrative
adjustment request under section 6227 and a partnership
adjustment tracking report under section 6226(b)(4)(A) shall
be treated as a return for purposes of this section.''.
(o) Adjusted Schedule K-1 Treated as Payee Statement.--
Section 6724(d)(2) is amended by striking ``or'' at the end
of subparagraph (HH), by striking the period at the end of
subparagraph (II) and inserting ``, or'', and by inserting
after subparagraph (II) the following new subparagraph:
``(JJ) section 6226(a)(2) (relating to statements relating
to alternative to payment of imputed underpayment by
partnership) or under any other provision of this title which
provides for the application of rules similar to such
section.''.
(p) Other Clerical Corrections.--
(1) Section 6225(c)(7) is amended by striking ``submitted
pursuant to paragraph (1)'' and inserting ``filed or
submitted under this subsection''.
(2) Section 6227(b) is amended by striking ``is made'' both
places it appears and inserting ``is filed''.
(3) Section 6227(b)(1) is amended by striking ``paragraphs
(2), (6), and (7)'' and inserting ``paragraphs (2), (7), and
(9)''.
(4) Section 6232(b) is amended by striking ``this chapter''
and inserting ``this subtitle (other than subchapter B of
this chapter)''.
(5) Section 6232(d)(1)(A) is amended by striking ``a item''
and inserting ``an item''.
(6) Section 6232(e) is amended by striking ``thereof''.
(7) Section 6241(5) is amended by striking ``sections
6234'' and inserting ``section 6234''.
(8) Section 7485(b) is amended by striking ``a partner''
and inserting ``the partnership''.
(9) The heading of the first part of subchapter C of
chapter 63 is amended to read as follows:
``PART I--IN GENERAL''.
(10) The heading of the second part of subchapter C of
chapter 63 is amended to read as follows:
``PART II--PARTNERSHIP ADJUSTMENTS''.
(11) The heading of the third part of subchapter C of
chapter 63 is amended to read as follows:
``PART III--PROCEDURE''.
(12) The heading of the fourth part of subchapter C of
chapter 63 is amended to read as follows:
``PART IV--DEFINITIONS AND SPECIAL RULES''.
SEC. 207. EFFECTIVE DATE.
The amendments made by this title shall take effect as if
included in section 1101 of the Bipartisan Budget Act of
2015.
TITLE III--OTHER CORRECTIONS
SEC. 301. AMENDMENTS RELATING TO THE BIPARTISAN BUDGET ACT OF
2015.
(a) Amendments Relating to Section 1101.--
(1) Section 6011(e) is amended by adding at the end the
following new paragraph:
``(5) Special rules for partnerships.--
``(A) Partnerships permitted to be required to file on
magnetic media.--In the case of a partnership, paragraph
(2)(A) shall be applied by substituting for `250' the
following amount:
``(i) In the case of returns and statements relating to
calendar year 2018, `200'.
``(ii) In the case of returns and statements relating to
calendar year 2019, `150'.
``(iii) In the case of returns and statements relating to
calendar year 2020, `100'.
``(iv) In the case of returns and statements relating to
calendar year 2021, `50'.
``(v) In the case of returns and statements relating to
calendar years after 2021, `20'.
``(B) Partnerships required to file on magnetic media.--
Notwithstanding subparagraph (A) and paragraph (2)(A), the
Secretary shall require partnerships having more than 100
partners to file returns on magnetic media.''.
(2) Section 6011(e)(2) is amended by striking the last
sentence.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in section 1101 of the
Bipartisan Budget Act of 2015.
SEC. 302. AMENDMENTS RELATING TO THE ENERGY POLICY ACT OF
2005.
(a) Amendments Relating to Section 1253.--
(1) Subclause (II) of section 168(e)(3)(B)(vi) is amended
by striking ``is a qualifying small power production
facility'' and all that follows and inserting ``has a power
production capacity of not greater than 80 megawatts, or''.
(2) The last sentence of section 168(e)(3)(B) is amended by
striking ``clause (vi)(I)'' and all that follows and
inserting ``subclause (I) or (II) of clause (vi) by reason of
being public utility property.''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
TITLE IV--CLERICAL CORRECTIONS AND DEADWOOD
SEC. 401. CLERICAL CORRECTIONS AND DEADWOOD-RELATED
PROVISIONS.
(a) Clerical Corrections.--
(1) The table of subchapters for chapter 1 is amended by
moving the item relating to subchapter R before the item
relating to subchapter S.
(2)(A) Sections 22(c)(3)(A)(i)(III), 104(b)(2)(D),
140(a)(3), and 149(b)(3)(A)(i) are each amended by striking
``Veterans' Administration'' and inserting ``Department of
Veterans Affairs''.
(B) The heading of section 4980H(c)(2)(F) is amended by
striking ``Veterans administration'' and inserting
``Department of veterans affairs''.
(C) Section 6050H(h)(3)(B)(i) is amended by striking
``Veterans Administration'' and inserting ``Department of
Veterans Affairs''.
(3) Section 24(d) is amended by redesignating paragraph (5)
as paragraph (3).
(4) Section 25C(b)(2) is amended by striking ``subsection
(c)(2)(B)'' and inserting ``subsection (c)(3)(B)''.
(5) Section 25C(d)(3) is amended--
(A) by striking the period at the end of subparagraph (B)
and inserting a comma, and
(B) by striking the period at the end of subparagraph (D)
and inserting ``, and''.
(6) Section 25C(g)(2) is amended by striking ``2017..'' and
inserting ``2017.''.
[[Page H2006]]
(7) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended--
(A) by striking the item relating to section 41 which
relates to the employee stock ownership credit, and
(B) by moving the item relating to section 45K after the
item relating to section 45J.
(8) Section 38(b)(34) is amended by adding a comma at the
end.
(9) The heading of section 40(g)(2) is amended by striking
``Aggregration'' and inserting ``Aggregation''.
(10) The heading of section 42(e)(2)(B) is amended by
striking ``etc,'' and inserting ``etc.,''.
(11)(A) Section 42(d)(4)(C)(i) is amended by striking ``as
defined in paragraph (5)(C)'' and inserting ``as defined in
paragraph (5)(B)(ii)''.
(B) Section 42(f)(5)(B)(ii)(I) is amended by striking
``(d)(6)(C)'' and inserting ``(d)(6)(B)''.
(C) Section 42(k)(2)(B) is amended--
(i) by striking ``(d)(6)(B)'' and inserting ``(d)(6)(C)'',
and
(ii) by striking ``building..'' in clause (ii) and
inserting ``building.''.
(D) Section 42(m)(1)(B)(ii)(III) is amended by striking
``as defined in subsection (d)(5)(C)'' and inserting ``as
defined in subsection (d)(5)(B)(ii)''.
(12) Section 42(h)(5)(C)(ii) is amended by striking ``;
and'' and inserting ``, and''.
(13) Section 42(i)(3)(D)(ii)(I) is amended by striking the
period at the end.
(14) Section 45(c)(6) is amended by striking ``section
2(27)'' and inserting ``section 1004(27)''.
(15) Section 45(c)(7)(A)(i)(II) is amended by striking
``for purpose'' and inserting ``for the purpose''.
(16) Section 45(c)(7)(A)(i)(III) is amended by striking the
period at the end and inserting ``, or''.
(17) Section 45C(b)(2)(A)(ii)(II) is amended by striking
``; and'' and inserting ``, and''.
(18) Section 45D(f)(1)(F) is amended by adding ``, and'' at
the end.
(19) Section 45H(d) is amended by striking ``purposes
this'' and inserting ``purposes of this''.
(20) Section 48(a)(1) is amended by striking ``(3)(B), and
(4)(B)'' and inserting ``and (3)(B)''.
(21) Section 48(a)(6)(B) is amended by striking ``property
energy property'' and inserting ``energy property''.
(22) Section 48(c)(2)(B) is amended by striking ``equal
$200'' and inserting ``equal to $200''.
(23) Section 48(d)(3) is amended--
(A) by striking ``shall'' in the matter that precedes
subparagraph (A), and
(B) by inserting ``shall'' before ``not'' in subparagraph
(A).
(24) Section 49(a)(1)(D)(iii) is amended by striking
``share-holder'' in the last sentence and inserting
``shareholder''.
(25) Section 50(b)(2)(A) is amended by striking the period
at the end and inserting a semicolon.
(26) Section 51(c)(4) is amended by adding a period at the
end.
(27) Section 51(d)(3)(A)(ii)(II) is amended by adding a
comma at the end.
(28) Section 51(d)(8) is amended by striking ``food stamp
recipient'' in the heading thereof and inserting
``supplemental nutrition assistance program benefits
recipient''.
(29) Section 51(i)(1)(A) is amended by striking ``entity,''
and inserting ``entity''.
(30) Section 58(a)(2)(A) is amended by striking ``461(j)''
and inserting ``461(k)''.
(31) Section 62(a)(20) is amended by inserting a comma
after ``United States Code''.
(32) Section 62(e)(1) is amended by striking ``(2 U.S.C.
1202)'' and inserting ``(42 U.S.C. 2000e-16b)''.
(33) Section 68(b)(2) is amended by striking ``shall be
shall be'' and inserting ``shall be''.
(34) The heading of section 82 is amended by striking ``for
expenses of moving'' and inserting ``of moving expenses''.
(35) The heading of section 84 is amended by striking
``political organization'' and inserting ``political
organizations''.
(36) Section 105(h)(7)(B) is amended by striking
``subparagraph (A)'' and inserting ``subparagraph (A))''.
(37) Section 125(e)(2) is amended by striking
``subparagraphs'' and inserting ``subparagraph''.
(38) Section 132(c)(4) is amended by striking ``peforming''
and inserting ``performing''.
(39) Section 134(b)(6) is amended by striking ``an combat''
and inserting ``a combat''.
(40) Section 137(c) is amended by striking ``section 514''
in the second sentence and inserting ``section 541''.
(41) Section 139(c)(2) is amended by striking ``federally''
and inserting ``a federally''.
(42) Section 139E(c)(1) is amended by striking ``(43 U.S.C.
1601, et seq.)'' and inserting ``(43 U.S.C. 1601 et seq.)''.
(43) Section 139E(c)(3) is amended by striking ``2013'' and
inserting ``2014''.
(44) Section 3(a) of the Tribal General Welfare Exclusion
Act of 2014 is amended by striking ``subsection'' and
inserting ``section''.
(45) Section 4(c) of such Act is amended by striking
``subsection'' and inserting ``section''.
(46) The item relating to section 143 in the table of
sections for subpart A of part IV of subchapter B of chapter
1 is amended to read as follows:
``Sec. 143. Mortgage revenue bonds; qualified mortgage bond and
qualified veterans' mortgage bond.''.
(47) Section 142(d)(2)(C) is amended by inserting
``section'' before ``42(i)(3)(D)''.
(48) Section 163(e)(5)(C)(ii) is amended by inserting
``in'' before ``subsection (i)(1)(B)''.
(49) Section 168(d)(3)(B)(i) is amended by inserting a
comma after ``real property''.
(50) Section 168(e)(3)(C)(i) is amended by striking
``and''.
(51) Section 169(d)(5)(B) is amended by inserting ``a''
before ``facility''.
(52) Section 170(b)(1)(A)(ix) is amended by inserting
``National'' before ``Agricultural''.
(53) Section 172(d)(5) is amended by striking ``section
243'' and inserting ``sections 243''.
(54) Section 179D(d)(1)(B) is amended by striking ``which''
and inserting ``such that''.
(55) Section 219(f)(1) is amended by striking ``term
compensation includes'' in the last sentence and inserting
``term `compensation' includes''.
(56) Section 219(g)(8) is amended by striking ``shall each
be'' and inserting ``shall be''.
(57) Section 223(c)(2)(C) is amended by striking ``section
1871'' and inserting ``section 1861''.
(58) Section 223(d)(2)(A) is amended by striking ``section
213(d)'' and inserting ``section 213(d))''.
(59) The item relating to section 280H in the table of
sections for part IX of subchapter B of chapter 1 is amended
to read as follows:
``Sec. 280H. Limitation on certain amounts paid to employee-owners by
personal service corporations electing alternative
taxable years.''.
(60) Subparagraphs (F) and (G) of section 263(a)(1) are
each amended by striking the semicolon at the end and
inserting a comma.
(61) Section 263(a)(1) is amended by redesignating
subparagraphs (I) through (L) as subparagraphs (H) through
(K), respectively.
(62) Section 280C(a) is amended by striking ``and
1396(a),'' and inserting ``1396(a),''.
(63) The heading of section 331 is amended by striking
``shareholders'' and inserting ``shareholder''.
(64) Section 338(h)(3)(A)(iii) is amended by striking
``paragaraph'' and inserting ``paragraph''.
(65) The second sentence of section 355(h)(2)(B) is amended
by striking ``of assets''.
(66) The heading of subpart C of part III of subchapter C
of chapter 1 is amended by striking ``Corporation'' and
inserting ``Corporations''.
(67) Section 362(a) is amended by striking the comma after
``acquired''.
(68) Section 368(a)(2)(F)(vii) is amended by striking ``(15
U.S.C. 80a-2(36))'' and inserting ``(15 U.S.C. 80a-
2(a)(36))''.
(69) Section 401(a)(2) is amended by striking
``determination).;'' and inserting ``determination));''.
(70) Section 401(a)(15) is amended by striking ``a trust''
and inserting ``A trust''.
(71) Section 401(a)(32)(A) is amended by striking ``section
section'' both places it appears and inserting ``section''.
(72) Section 401(c)(2)(A)(iii) is amended by striking
``sections 3121(d)(3)(A), (C), or (D), without regard to
paragraph (2) of section 1402(c)'' and inserting
``subparagraph (A), (C), or (D) of section 3121(d)(3),
without regard to section 1402(c)(2)''.
(73) Section 402(i) is amended by striking ``subparagraph
(A) of subsection (d)(4)'' and inserting ``subsection
(e)(4)(D)(i)''.
(74) Section 404A(c)(4)(B) is amended by striking ``and''
at the end.
(75) Section 408(a)(1) is amended by inserting ``or'' after
``subsection (d)(3)''.
(76) Section 408(m)(3)(B) is amended by striking ``section
7'' and inserting ``section 5''.
(77) Section 408A(d)(3)(B) is amended by adding a period at
the end.
(78) Section 408A(e)(2)(B) is amended by striking ``the
subparagraph (A)'' and inserting ``subparagraph (A)''.
(79) Section 409(n)(1)(A)(i) is amended by striking
``securities,,,'' and inserting ``securities,''.
(80) Section 409A(b)(3)(B)(i) is amended by striking the
semicolon at the end and inserting a comma.
(81) The item relating to section 413 in the table of
sections for subpart B of part I of subchapter D of chapter 1
is amended to read as follows:
``Sec. 413. Collectively bargained plans, etc.''.
(82) Section 411(a)(4)(A) is amended by striking the comma
at the end and inserting a semicolon.
(83) Section 412(c)(1)(A) is amended by adding a period at
the end.
(84) Section 412(c)(4)(B) is amended by inserting
``section'' before ``433(d)''.
(85) Section 412(c)(7)(B)(iii) is amended by striking the
comma after ``subchapter D''.
(86) Section 413(b)(6) is amended by striking ``and the
last sentence of section 4971(a)'' in the last sentence and
inserting ``and section 4971(e)''.
(87) Section 414(l)(2)(G) is amended by striking ``banks''
in the heading thereof and inserting ``depository
institutions''.
(88) Section 414(u)(6) is amended by striking ``section
457(b))'' and inserting ``section 457(b)))''.
(89) Section 414(x)(1) is amended by striking ``are'' and
inserting ``is''.
(90) Section 414(y)(1)(C)(i) is amended by striking ``of
such Code''.
(91) Section 414(y)(2) is amended by striking
``subparagraph'' and inserting ``subparagraphs''.
[[Page H2007]]
(92) Section 418E is amended by striking ``subsection
432(b)(2)'' each place it appears and inserting ``section
432(b)(2)''.
(93) Section 418E(d)(1), as amended by the preceding
paragraph, is amended--
(A) by striking ``section 432(b)(2),,'' and inserting
``section 432(b)(2),'',
(B) by striking ``section 432(b)(2),)'' and inserting
``section 432(b)(2))'', and
(C) by striking ``compare the value of plan assets'' and
all that follows through ``for that plan year with'' and
inserting ``compare the value of plan assets for that plan
year with''.
(94) Section 418E(e)(1)(A) is amended to read as follows:
``(A) notify the Secretary and the parties described in
section 101(f)(1) of the Employee Retirement Income Security
Act of 1974 of that determination, and''.
(95) The table of subparts for part I of subchapter D of
chapter 1 is amended by striking the item relating to subpart
C and inserting the following:
``subpart c--insolvent plans''.
(96) Section 419A(c)(6)(B) is amended by striking ``(42
U.S.C. 300gg-91(d)(3))'' and inserting ``(42 U.S.C. 300gg-
91(d)(3)))''.
(97) Section 420(c)(1)(A) is amended by striking
``subsection (e)(1)(D)'' and inserting ``subsection
(e)(1)(E)''.
(98) Section 424(g) is amended by striking ``section
422(a)(2)'' and inserting ``sections 422(a)(2)''.
(99) Section 430(c)(7)(E)(v)(II) is amended by inserting
``the'' after ``title I of''.
(100) Section 430(h)(2)(F) is amended by striking ``section
417(e)(3)(D)(i)'' and inserting ``section 417(e)(3)(D)''.
(101) Section 431(d)(2)(B)(i) is amended by striking ``this
Act'' and inserting ``the Pension Protection Act of 2006''.
(102) Section 432(b)(3)(A)(i) is amended by striking ``in
endangered status for such plan year'' and all that follows
through ``, whether or not'' and inserting the following:
``in endangered status for such plan year, or would be in
endangered status for such plan year but for paragraph (5),
whether or not''.
(103) Section 432(b)(3)(B) is amended by redesignating the
clause (iv) relating to projections of critical and declining
status as clause (v).
(104) Section 432(b)(3)(D)(iv) is amended by inserting a
comma after ``Labor''.
(105) Section 432(e)(8)(C)(iii) is amended by striking
``the Secretary shall'' and inserting ``The Secretary
shall''.
(106) So much of the text of section 432(f)(3) as precedes
subparagraph (A) is amended to read as follows: ``During the
period beginning on the date of the certification under
subsection (b)(3)(A) for the initial critical year and ending
on the date of the adoption of a rehabilitation plan--''.
(107) Section 432(g)(1) is amended by striking ``subsection
(e)(9))'' and inserting ``subsection (e)(9)''.
(108) Section 433(c)(5)(C)(ii)(II) is amended by inserting
``of such Act'' after ``title IV''.
(109)(A) The heading for section 433 is amended by
inserting ``for csec plans'' after ``funding standards''.
(B) The table of sections for subpart A of part III of
subchapter D of chapter 1 is amended by adding at the end the
following new item:
``Sec. 433. Minimum funding standards for CSEC plans.''.
(110) The item relating to section 436 in the table of
sections for subpart B of part III of subchapter D of chapter
1 is amended to read as follows:
``Sec. 436. Funding-based limits on benefits and benefit accruals under
single-employer plans.''.
(111) The heading of section 453B is amended by striking
``loss disposition'' and inserting ``loss on disposition''.
(112) Section 457(f)(4)(C)(i) is amended--
(A) by striking ``section 9101'' and inserting ``section
8101'', and
(B) by striking ``7801),'' and inserting ``7801)),''.
(113) Section 457A(d)(4) is amended--
(A) by striking ``case a foreign'' and inserting ``case of
a foreign'', and
(B) by striking ``had been'' and inserting ``been''.
(114) Section 458(b)(9) is amended by striking
``Repurchased'' in the heading thereof and inserting
``Repurchase''.
(115) Section 458(c)(1) is amended by striking
``regulations prescribed'' and inserting ``regulations
prescribe''.
(116) Section 460(b)(2)(A) is amended by inserting a comma
after ``first''.
(117)(A) Section 461 is amended by redesignating the second
subsection (j) (relating to farming syndicate defined) as
subsection (k).
(B) Section 461(i)(4) is amended by striking ``subsection
(j)'' and inserting ``subsection (k)''.
(118) The heading of section 464 is amended by inserting
``expenses'' after ``farming''.
(119) Section 464(d)(2)(B)(iii) is amended by striking
``subsection (c)(2)(E)'' and inserting ``section
461(k)(2)(E)''.
(120) Section 470(d)(2)(B) is amended by striking ``clause
(ii)'' and inserting ``subparagraph (A)(ii)''.
(121) The item relating to part VIII in the table of parts
for subchapter F of chapter 1 is amended to read as follows:
``Part VIII. Certain Savings Entities''.
(122) Section 501(c)(14)(B)(iv) is amended by adding a
period at the end.
(123) Section 501(c)(19)(B) is amended by striking
``widows,,'' and inserting ``widows,''.
(124) Section 501(f)(3)(B) is amended by striking ``section
115(a)'' and inserting ``section 115''.
(125) The item relating to section 511 in the table of
sections for part III of subchapter F of chapter 1 is amended
to read as follows:
``Sec. 511. Imposition of tax on unrelated business income of
charitable, etc., organizations.''.
(126) Section 512(b)(19)(H)(iii) is amended by striking
``clause (i)(II)'' and inserting ``clause (i)''.
(127) Section 529(c)(6) is amended by striking ``an
Coverdell'' and inserting ``a Coverdell''.
(128) Section 529(e)(3)(A) is amended--
(A) by striking the semicolon at the end of clause (i) and
inserting a comma, and
(B) by adding ``, and'' at the end of clause (ii).
(129) Section 529A(d)(4) is amended by striking ``Achieving
a Better Life Experience Act of 2014'' and inserting
``Stephen Beck, Jr., ABLE Act of 2014''.
(130) Section 529A(e)(4) is amended by striking
``subparagraph section'' and inserting ``section''.
(131) Section 530(d)(9)(B) is amended by striking ``by
the'' and inserting ``by''.
(132) Section 542(c)(5) is amended by striking the comma at
the end and inserting a semicolon.
(133) Section 542(c)(7) is amended by striking ``A small''
and inserting ``a small''.
(134) Section 543(a)(2)(B)(ii) is amended by striking
``section 563(d)'' and inserting ``section 563(c)''.
(135) Section 543(d)(5)(A)(ii) is amended by striking
``section 563(d)'' and inserting ``section 563(c)''.
(136) Section 613A(c)(7)(B) is amended by striking
``taxpayers'' and inserting ``taxpayer's''.
(137) Section 642(c)(1) is amended by striking ``other
then'' and inserting ``other than''.
(138) The item relating to section 661 in the table of
sections for subpart C of part I of subchapter J of chapter 1
is amended to read as follows:
``Sec. 661. Deduction for estates and trusts accumulating income or
distributing corpus.''.
(139) Section 706(b)(5) is amended by striking ``section
584(h)'' and inserting ``section 584(i)''.
(140) Section 751(c) is amended by striking ``and,
sections'' both places it appears and inserting ``and
sections''.
(141) Section 807(e)(5)(A)(i) is amended by striking
``subparagraph (C)'' and inserting ``subparagraph (B)''.
(142) Section 831(c) is amended by striking ``section
816(a)).'' and inserting ``section 816(a).''.
(143) Section 832(b)(7)(E)(ii)(II) is amended by striking
the comma at the end and inserting a period.
(144) Section 852(a)(1)(B) is amended by striking ``265,''
and inserting ``265 and''.
(145) Section 852(b)(2)(D) is amended by striking ``the
deduction'' and inserting ``The deduction''.
(146) Subparagraphs (A) and (B) of section 856(c)(7) are
each amended by striking ``paragraph (4)(B)(iii)'' and
inserting ``paragraph (4)(B)(iv)''.
(147) Paragraphs (1), (3), (4), and (5) of section 856(m)
are each amended by striking ``subsection (c)(4)(B)(iii)''
and inserting ``subsection (c)(4)(B)(iv)''.
(148) Section 857(b)(6)(J) is amended by striking ``section
856(c)(8)'' and inserting ``section 856(c)(10)''.
(149) Section 860(f)(2)(A)(ii) is amended by striking
``decreased'' and inserting ``decrease''.
(150) Section 860(i) is amended by striking ``willfull''
and inserting ``willful''.
(151) Section 860G(a)(3)(A)(iii)(III) is amended by
striking the period at the end and inserting a comma.
(152) Section 864(d)(8) is amended by striking ``section
956(b)(3)'' and inserting ``section 956(c)(3)''.
(153) Section 877(d)(4)(B)(i) is amended by striking ``in
957'' and inserting ``in section 957''.
(154) Section 877A(g)(6) is amended by striking
``220(e)(4)'' and inserting ``220(f)(4)''.
(155) Section 897(a)(1)(A) is amended by striking ``section
871(B)(1)'' and inserting ``section 871(b)(1)''.
(156) The heading of section 897(k)(2) is amended by
striking ``usrpi'' and inserting ``united states real
property interest''.
(157) Section 904(d)(2)(B)(ii) is amended--
(A) by striking ``, except as provided in subparagraph
(E)(iii) or paragraph (3)(I),'', and
(B) by inserting ``subparagraph (E)(ii), or paragraph
(3)(H),'' after ``Except as provided in clause (iii),''
(158) Section 907(c)(3)(C) is amended by striking the
period after ``partnerships'' and inserting a comma.
(159) Section 907(f)(1) is amended by striking ``year,''
and inserting ``years,''.
(160) Section 911(d)(8)(B)(i) is amended by striking ``(50
U.S.C. App. 1 et seq.)'' and inserting ``(50 U.S.C. 4301 et
seq.)''.
(161) Section 912(1)(B) is amended by striking ``(50
U.S.C., sec. 403e)'' and inserting ``(50 U.S.C. 3505)''.
(162) Section 956(c)(2)(E) is amended by striking ``which
are not contracts described in section 953(a)(1)'' and
inserting ``which are contracts described in section
953(e)(2)''.
(163) Section 956(e) is amended by striking ``provisons''
and inserting ``provisions''.
(164) Section 957(b) is amended by striking ``contracts
described in section 953(a)(1)'' and
[[Page H2008]]
inserting ``contracts not described in section 953(e)(2)''.
(165) The heading of section 993 is amended by inserting
``and special rules'' after ``definitions''.
(166) Section 1016(a)(3)(D) is amended by inserting ``as in
effect prior to its repeal by the Tax Reform Act of 1986''
before ``(or the corresponding provisions of prior income tax
laws)''.
(167) Section 1033(h)(2) is amended by inserting ``is''
before ``located''.
(168) Section 1035(a)(1) is amended by striking ``; or''
and inserting a semicolon.
(169) Section 1059(d)(3) is amended by striking ``; except
that'' and all that follows and inserting ``and there shall
not be taken into account any day which is more than 2 years
after the date on which such share becomes ex-dividend.''.
(170) Section 1092(a)(2)(B) is amended by striking ``with
respect other'' in the last sentence and inserting ``with
respect to other''.
(171) Section 1092(c)(4)(E) is amended by striking ``(other
than subparagraph (B) thereof)''.
(172) The item relating to section 1222 in the table of
sections for part III of subchapter P of chapter 1 is amended
to read as follows:
``Sec. 1222. Other terms relating to capital gains and losses.''.
(173) The item relating to section 1252 in the table of
sections for part IV of subchapter P of chapter 1 is amended
to read as follows:
``Sec. 1252. Gain from disposition of farm land.''.
(174) Section 1250(d)(3) is amended by striking ``paragraph
(9)'' and inserting ``paragraph (6)''.
(175) Section 1255(b)(2) is amended by striking ``170(e),''
and inserting ``170(e)''.
(176)(A) Subparagraphs (B) and (C) of section 1256(e)(3)
are each amended by striking ``section 464(e)(2)'' and
inserting ``section 461(k)(4)''.
(B) Section 1258(d)(5)(C) is amended by striking ``section
464(e)(2)'' and inserting ``section 461(k)(4)''.
(177) Section 1257(c)(1) is amended--
(A) by striking ``section 1201(4)'' and inserting ``section
1201(a)(7)'', and
(B) by striking ``16 U.S.C. 3801(4)'' and inserting ``16
U.S.C. 3801(7)''.
(178) Section 1257(c)(2) is amended--
(A) by striking ``section 1201(6)'' and inserting ``section
1201(a)(10)'', and
(B) by striking ``16 U.S.C. 3801(6)'' and inserting ``16
U.S.C. 3801(10)''.
(179) Section 1274(b)(3)(B)(i) is amended by striking
``section 6662(d)(2)(C)(iii)'' and inserting ``section
6662(d)(2)(C)(ii)''.
(180) Section 1276(a)(4) is amended by striking
``871(a),,'' and inserting ``871(a),''.
(181) Section 1278(b)(1) is amended by striking
``871(a),,'' and inserting ``871(a),''.
(182) Section 1286(f) is amended by striking ``and
305(e),'' and inserting ``and section 305(e),''.
(183) Section 1291(e) is amended by striking ``subsections
(c) and (d) (e),'' and inserting ``subsections (c), (d), and
(e)''.
(184) Section 1298(b)(5)(B) is amended by striking
``section 951(f)'' and inserting ``section 951(c)''.
(185) Section 1298(d)(2)(A) is amended by striking
``section 1296(a)(2)'' and inserting ``section 1297(a)(2)''.
(186) Section 1298(e)(2)(B)(ii) is amended by striking
``provisons'' and inserting ``provisions''.
(187) Section 1355(f)(3) is amended by striking ``of
which'' and inserting ``on which''.
(188) Section 1358(b)(1) is amended by striking ``section
1352(a)(2)'' and inserting ``section 1352(2)''.
(189) Section 1358(c)(2) is amended by striking ``an
person's'' and inserting ``a person's''.
(190) Sections 1361(f)(2), 1362(d)(3)(C)(v), and
4975(d)(16)(A) are each amended by striking ``1813(w)(1)),''
and inserting ``1813(w)(1))),''.
(191) Section 1362(f) is amended by striking ``may be
during'' and inserting ``may be, during''.
(192) Section 1366(e) is amended by striking ``section
704(e)(3)'' and inserting ``section 704(e)(2)''.
(193) Section 1368(f)(2) is amended by striking ``in
included'' and inserting ``is included''.
(194) Section 1391(g)(3)(E)(ii) is amended by striking
``Interior'' and inserting ``the Interior''.
(195) Section 1394(b)(3)(B)(i)(II) is amended by striking
``subsection'' and inserting ``subsections''.
(196) Section 1397C(d)(5)(B) is amended by striking
``subparagraphs (A) or (B)'' and inserting ``subparagraph (A)
or (B)''.
(197) Section 1402(a)(1) is amended--
(A) by striking ``section 1233(2)'' and inserting ``section
1233(a)(2)'', and
(B) by striking ``16 U.S.C. 3833(2)'' and inserting ``16
U.S.C. 3833(a)(2)''.
(198) Section 1402(b) is amended by striking ``3211,.'' and
inserting ``3211.''.
(199) The heading of section 1446 is amended by striking
``withholding tax'' in the heading and inserting
``withholding of tax''.
(200) Section 2031(c)(1) is amended by striking all that
follows subparagraph (A) and inserting the following:
``(B) $500,000.''.
(201) Section 2031(c)(2) is amended by striking ``paragraph
(5)).'' and inserting ``paragraph (5))).''.
(202) Section 2055(e)(3)(G) is amended by striking
``subparagraph (J)'' and inserting ``subparagraph (J))''.
(203) Section 2106(a)(4) is amended by inserting
``section'' before ``2058(a)''.
(204) Section 2522(c)(1) is amended by striking ``to of
for'' and inserting ``to or for''.
(205) Section 2523(g)(1) is amended by striking
``noncharitable beneficiary'' and inserting ``beneficiary who
is not a charitable beneficiary''.
(206) Section 2523(g)(2) is amended by striking
``noncharitable'' and inserting ``charitable''.
(207) Section 3101(a) is amended by adding a period at the
end.
(208) Section 3111(e)(5)(B) is amended by inserting ``the''
before ``meaning''.
(209) Section 3121(b)(5)(B)(i)(V) is amended by striking
``section 105(e)(2)'' and inserting ``section 104(e)(2)''.
(210) Section 3121(b)(5)(H)(i) is amended by striking
``1997'' and inserting ``1997,''.
(211) Section 3304(a)(4)(G)(ii) is amended by striking
``section 6402(f)(4)(B)'' and inserting ``section
6402(f)(4)(C)''.
(212) Section 3306(b)(5)(F) is amended by striking the
semicolon at the end and inserting a comma.
(213) Section 3306(c)(19) is amended by striking
``Service'' and inserting ``service''.
(214) Section 3306(u) is amended by striking ``25 U.S.C.
450b(e)'' and inserting ``25 U.S.C. 5304(e)''.
(215) Section 3306(v) is amended by striking ``this part''
and inserting ``this section''.
(216) Section 3309(d) is amended by striking ``25 U.S.C.
450b(e)'' and inserting ``25 U.S.C. 5304(e)''.
(217)(A) Paragraphs (1), (2), (3), (4)(B), (5), (6),
(8)(A)(ii), (8)(B), (8)(D), (9), (10)(B), (11), (12)(A),
(12)(B), (12)(C), (13), (14), and (15) of section 3401(a) are
each amended by striking ``; or'' at the end and inserting a
comma.
(B) Paragraphs (4)(A), (8)(A)(i), (8)(C), (10)(A), (12)(D),
and (22) of section 3401(a) are each amended by striking ``;
or'' at the end and inserting ``, or''.
(C) Section 3401(a)(12)(E) is amended by striking ``, or''
at the end and inserting a comma.
(D) Paragraphs (16)(A), (16)(B), (17), (18), (19), (20),
and (21) of section 3401(a) are each amended by striking the
semicolon at the end and inserting a comma.
(218) Section 3509(d)(1)(C) is amended by striking
``sections'' and inserting ``section''.
(219) Section 4051(a)(3) is amended by striking
``Secretary.'' and inserting ``Secretary).''.
(220) Section 4104(a)(1) is amended by striking ``section''
and inserting ``sections''.
(221) Section 4221(a) is amended by striking ``section
4051,'' and inserting ``section 4051''.
(222) The item relating to part III in the table of parts
for subchapter C of chapter 33 is amended by striking
``relating'' and inserting ``applicable''.
(223) Section 4612(e)(2)(B)(ii)(I) is amended by striking
``tranferred'' and inserting ``transferred''.
(224) Section 4958(f)(1)(D) is amended by striking the
period at the end and inserting a comma.
(225) Section 4971(b) is amended by striking ``minimum
required contribution,'' and all that follows through
``whichever is applicable'' and inserting the following:
``minimum required contribution, accumulated funding
deficiency, or CSEC accumulated funding deficiency, whichever
is applicable''.
(226) Section 4971(c)(3) is amended by striking
``applicable and'' and inserting ``applicable, and''.
(227) Section 4971(f) is amended by striking ``applicable
for'' and inserting ``applicable, for''.
(228) Section 4971(g)(4)(C)(ii) is amended by striking
``section 432(i)(9)'' and inserting ``section 432(j)(9)''.
(229) Section 4975(d)(3) is amended by striking ``an
leveraged'' and inserting ``a leveraged''.
(230) Section 4975(d)(17) is amended by striking ``Any''
and inserting ``any''.
(231) Section 4975(d)(21) is amended by striking ``person
person'' and inserting ``person''.
(232) Section 4975(f)(8)(C)(iv)(II) is amended by inserting
``subsection'' before ``(d)(17)(A)(ii)''.
(233) Section 4975(f)(8)(F)(i)(I) is amended by striking
``adviser,'' and inserting ``adviser''.
(234) Section 4975(f)(8)(F)(i)(V) is amended by inserting
``of'' before ``the manner''.
(235) Section 4980B(f)(1) is amended by striking ``section
2162 of the Public Health Service Act'' and inserting
``section 1928(h)(6) of the Social Security Act (42 U.S.C.
1396s(h)(6))''.
(236) Section 4980B(f)(5)(C)(iii) is amended by striking
``section 2701(c)(2)'' and inserting ``section 2704(c)(2)''.
(237) Section 4980I(b)(3)(C)(iv) is amended by striking the
comma at the end and inserting a period.
(238) Section 4980I(b)(3)(C)(v) is amended by striking
``for for'' and inserting ``for''.
(239) Section 5054(a)(3)(B) is amended by striking
``sections'' and inserting ``section''.
(240) Section 5066(d) is amended by striking ``section
5001(a)(5)'' and inserting ``section 5001(a)(4)''.
(241) The item relating to subpart C in the table of
subparts for part II of subchapter A of chapter 51 is amended
to read as follows:
``subpart c. recordkeeping and registration by dealers''.
(242) The item relating to section 5178 in the table of
sections for subchapter B of chapter 51 is amended to read as
follows:
``Sec. 5178. Premises of distilled spirits plants.''.
[[Page H2009]]
(243) Section 5182 is amended by striking ``section 5112''
and inserting ``section 5121''.
(244) Section 5273(e)(2) is amended by striking ``section
5001(a)(6)'' and inserting ``section 5001(a)(5)''.
(245) Section 5314(a)(2) is amended by striking ``section
5001(a)(10)'' and inserting ``section 5001(a)(9)''.
(246) Section 5392(f) is amended by striking ``section
17(a)(5)'' and inserting ``section 117(a)(5)''.
(247) Section 5512 is amended by striking ``section
5001(a)(7)'' and inserting ``section 5001(a)(6)''.
(248) Section 5601(a)(15) is amended by striking
``Withdraws,'' and inserting ``withdraws,''.
(249) The heading of section 5603 is amended by inserting a
comma after ``returns''.
(250) Section 5701(e) is amended by striking
``manufacturered'' and inserting ``manufactured''.
(251) The item relating to section 5847 in the table of
sections for part I of subchapter B of chapter 53 is amended
to read as follows:
``Sec. 5847. Effect on other laws.''.
(252) Section 5847 is amended by striking ``section 414 of
the Mutual Security Act of 1954'' and inserting ``section 38
of the Arms Export Control Act (22 U.S.C. 2778)''.
(253) The item relating to section 5852 in the table of
sections for part II of subchapter B of chapter 53 is amended
to read as follows:
``Sec. 5852. General transfer and making tax exemption.''.
(254) The item relating to section 5853 in the table of
sections for part II of subchapter B of chapter 53 is amended
to read as follows:
``Sec. 5853. Transfer and making tax exemption available to certain
governmental entities.''.
(255) Section 6012(a)(6) is amended by striking ``and'' at
the end.
(256) Section 6012(a)(7) is amended by striking the period
at the end and inserting ``; and''.
(257) Section 6012(a)(8) is amended by striking ``section
63(c)(2)(D).'' and inserting ``section 63(c)(2)(C);''.
(258) Section 6033(b)(15) is amended by striking the period
at the end and inserting ``, and''.
(259) Section 6039(d)(2) is amended to read as follows:
``(2) the term `employee stock purchase plan', see section
423(b).''.
(260) The table of sections for subpart B of part III of
subchapter A of chapter 61 is amended by inserting after the
item relating to section 6041 the following new item:
``Sec. 6041A. Returns regarding payments of remuneration for services
and direct sales.''.
(261) The item relating to section 6050I in the table of
sections for subpart B of part III of subchapter A of chapter
61 is amended to read as follows:
``Sec. 6050I. Returns relating to cash received in trade or business,
etc.''.
(262) The item relating to section 6050W in the table of
sections for subpart B of part III of subchapter A of chapter
61 is amended to read as follows:
``Sec. 6050W. Returns relating to payments made in settlement of
payment card and third party network transactions.''.
(263) Section 6050H(h)(3)(B)(i) is amended by striking
``Rural Housing Administration'' and inserting ``Rural
Housing Service''.
(264) Section 6058(e) is amended by striking paragraph (1)
and by redesignating paragraphs (2) and (3) as paragraphs (1)
and (2), respectively.
(265) Section 6059(b)(3)(B) is amended--
(A) by striking ``the requirements'' and inserting ``that
the requirements'', and
(B) by striking the period at the end and inserting a
comma.
(266) Section 6091(b)(2)(B)(ii) is amended by striking
``and'' at the end.
(267) Section 6103(l)(7) is amended by striking ``of 1977''
in the heading thereof.
(268) Section 6103(l)(10)(A) is amended by striking
``request made under subsection (f)(5)'' and inserting
``notice submitted under subsection (f)(5)(C)''.
(269) Section 6103(l)(10) is amended by striking so much of
subparagraph (B) as precedes ``Any'' and inserting the
following:
``(B) Restriction on use of disclosed information.--(i)''.
(270) Section 6103(l)(16)(A) is amended by striking
``subsection 6103(b)(6)'' and inserting ``section
6103(b)(6)''.
(271) Section 6103(p)(3)(A) is amended by striking
``subsections'' and inserting ``subsection''.
(272) Section 6103(p)(3)(C)(ii) is amended by striking the
comma at the end and inserting a period.
(273) Section 6103(p)(4) is amended by striking
``7(A)(ii)'' in the matter preceding subparagraph (A) and
inserting ``(7)(A)(ii)''.
(274) Section 6103(p)(4)(F)(ii) is amended--
(A) by striking ``subsections'' and inserting
``subsection'', and
(B) by striking ``subsection (l)(21),,,'' and inserting
``subsection (l)(21),''.
(275) Section 6103(p)(4) is amended by striking
``subsection (l)(21),,'' both places it appears in the flush
matter at the end and inserting ``subsection (l)(21),''.
(276) Section 6109(f) is amended by striking ``of 1977'' in
the heading thereof.
(277) Section 6213(g)(2)(O) is amended by adding a comma at
the end.
(278) Section 6213(g)(2)(P) is amended--
(A) by striking ``section 24(h)(2)'' and inserting
``section 24(g)(2)'', and
(B) by striking ``subsection (h)(1)'' and inserting
``subsection (g)(1)''.
(279) Section 6302(e)(2)(A) is amended by striking
``sections'' and inserting ``section''.
(280) Section 6311(d)(3)(D) is amended--
(A) by striking ``section 103(f)'' and inserting ``section
103(g)'', and
(B) by striking ``1602(f)'' and inserting ``1602(g)''.
(281) Section 6330(c) is amended by striking ``subsection
(d)(2)(B)'' in the last sentence and inserting ``subsection
(d)(3)(B)''.
(282) Section 6330(d)(2) is amended by striking ``, and''
at the end and inserting a period.
(283) Section 6334(a)(10)(A) is amended by striking ``V,,''
and inserting ``V,''.
(284) Section 6342(a) is amended by striking ``subsection
(c)(2)'' and inserting ``subsection (d)(2)''.
(285) Section 6402(a) is amended by striking ``(f) refund''
and inserting ``(f), refund''.
(286) Section 6402(c) is amended by striking ``of of'' and
inserting ``of''.
(287) Section 6402(d)(2) is amended by striking ``section
402(a)(26) of the Social Security Act'' and inserting
``section 408(a)(3) of the Social Security Act (42 U.S.C.
608(a)(3))''.
(288) Section 6404(g)(2)(E) is amended by striking
``section 6664(d)(2)(A)'' and inserting ``section
6664(d)(3)(A)''.
(289) Section 6420(i)(4) is amended by striking ``State
and'' and inserting ``State (and''.
(290) Section 6421(c) is amended by striking ``(4) (5)''
and inserting ``(4), (5)''.
(291) Section 6421(j)(3) is amended by striking ``State
and'' and inserting ``State (and''.
(292) Section 6422 is amended--
(A) by striking paragraph (7),
(B) by redesignating paragraphs (8) through (12) as
paragraphs (7) through (11), respectively, and
(C) by striking ``for credit'' in paragraph (10) as so
redesignated and inserting ``For credit''.
(293) Section 6425(c)(1)(A) is amended by striking ``The
sum'' and inserting ``the sum''.
(294) Section 6426(b)(2)(A)(ii) is amended by striking
``cents..'' and inserting ``cents.''.
(295) Section 6501(m) is amended by striking ``any
election'' and all that follows through ``(or any'' and
inserting the following: ``any election under section
30B(h)(9), 30C(e)(4), 30D(e)(4), 35(g)(11), 40(f), 43, 45B,
45C(d)(4), 45H(g), or 51(j) (or any''.
(296) Section 6503(a)(1) is amended by striking ``section
6230(a)).'' and inserting ``section 6230(a))''.
(297) Section 6612(c) is amended--
(A) by inserting ``sections'' before ``2014(e)'', and
(B) by striking ``and 6420'' and inserting ``6420''.
(298) The item relating to section 6651 in the table of
sections for part I of subchapter A of chapter 68 is amended
to read as follows:
``Sec. 6651. Failure to file tax return or to pay tax.''.
(299) Each of the following sections are amended by
inserting ``an amount equal to'' after ``increased by'' and
by inserting ``for the calendar year'' after ``section
1(f)(3)'':
(A) Section 6651(i).
(B) Section 6652(c)(7)(A).
(C) Section 6695(h)(1).
(D) Section 6698(e)(1).
(E) Section 6699(e)(1).
(F) Section 6721(f)(1).
(G) Section 6722(f)(1).
(300) Section 6652(e) is amended by striking ``section
6724(d)(2)(Y)'' in the last sentence and inserting ``section
6724(d)(2)(AA)''.
(301) Section 6654(a) is amended by striking ``chapter 1
the tax'' and inserting ``chapter 1, the tax''.
(302) Section 6654(f)(3) is amended by striking ``taxes''
and inserting ``tax''.
(303) Section 6662(d)(3) is amended by striking ``section
6664(d)(2)'' and inserting ``section 6664(d)(3)''.
(304) Section 6662 is amended by moving subsection (i)
before subsection (j).
(305) The heading of section 6676(c) is amended by striking
``Reasonable Basis'' and inserting ``Reasonable Cause''.
(306) The item relating to section 6684 in the table of
sections for part I of subchapter B of chapter 68 is amended
to read as follows:
``Sec. 6684. Assessable penalties with respect to liability for tax
under chapter 42.''.
(307) The item relating to section 6686 in the table of
sections for part I of subchapter B of chapter 68 is amended
to read as follows:
``Sec. 6686. Failure to file returns or supply information by DISC or
former FSC.''.
(308) Section 6679(a)(1) is amended by striking ``section
6046 and 6046A'' and inserting ``section 6046 or 6046A''.
(309) Section 6695(h)(2) is amended by striking
``subparagraph (A)'' and inserting ``paragraph (1)''.
(310) Section 6695(h)(2)(B) is amended by striking ``clause
(i)'' and inserting ``subparagraph (A)''.
(311) Section 6696(a) is amended by striking ``section
6694,'' and inserting ``sections 6694,''.
(312) Section 6696(d)(1) is amended by striking ``section
6695,'' and inserting ``6695,''.
(313) Section 6698(b)(2) is amended by adding a period at
the end.
(314) Section 6700(a) is amended by striking ``the $1,000''
and inserting ``$1,000''.
(315) Section 6724(d)(1)(B)(xx) is amended by striking
``or'' at the end.
[[Page H2010]]
(316) Section 6724(d)(1)(B)(xxi) is amended by striking
``and'' at the end.
(317) Section 6724(d)(1) is amended by striking ``Such term
also includes'' and inserting the following:
``Such term also includes''.
(318) Section 6724(d)(2)(F) is amended by striking the
period at the end and inserting a comma.
(319) Section 6724(d)(2)(M) is amended by striking ``(h)(2)
relating'' and inserting ``(h)(2) (relating''.
(320) Section 6724(d)(2)(DD) is amended by adding a comma
at the end.
(321) Section 6863(a) is amended by striking ``6852,,'' and
inserting ``6852,''.
(322) Section 6901(a)(1)(B) is amended by striking ``Code
in'' and inserting ``Code, in''.
(323) Section 7275(b)(2) is amended by striking ``taxes,
shall'' and inserting ``taxes,''.
(324) Section 7421(b)(2) is amended by striking ``Code in''
and inserting ``Code, in''.
(325)(A) Subsections (e) and (i) of section 7422 and
sections 3121(b)(5)(E), 6110(j)(1)(B), 7428(a), and
7430(c)(6) are each amended by striking ``United States
Claims Court'' and inserting ``United States Court of Federal
Claims''.
(B) Subsections (a), (b), and (c)(1)(C)(iii) of section
7428 are each amended by striking ``Claims Court'' and
inserting ``Court of Federal Claims''.
(C) The heading of section 4961(c)(1) is amended by
striking ``united states claims court'' and inserting
``united states court of federal claims''.
(D) Section 6672(c)(2) is amended by striking ``Court of
Claims'' and inserting ``Court of Federal Claims''.
(326) The item relating to section 7448 in the table of
sections for part I of subchapter C of chapter 76 is amended
to read as follows:
``Sec. 7448. Annuities to surviving spouses and dependent children of
judges and special trial judges.''.
(327) Section 7448(j)(1)(A) is amended by striking
``Code,),'' and inserting ``Code),''.
(328) Section 7448(m) is amended by striking ``Code,'' and
inserting ``Code),''.
(329) Section 7454(b) is amended by striking ``4955),,''
and inserting ``4955),''.
(330) Section 7654(d)(1) is amended by striking ``50 App.
U.S.C. 501 et seq.'' and inserting ``50 U.S.C. 3901 et
seq.''.
(331) Section 7701(a)(36)(B) is amended by striking ``an
`tax'' and inserting ``a `tax''.
(332) Section 7701(e)(5)(B) is amended by striking
``Reconcilation'' and inserting ``Reconciliation''.
(333) Section 7801(a)(2)(B) is amended--
(A) by striking ``this Act'' and inserting ``the Homeland
Security Act of 2002'', and
(B) by striking ``effective date of the Homeland Security
Act of 2002'' and inserting ``effective date of such Act''.
(334) Section 7809(c)(1) is amended by striking ``Work''
and inserting ``work''.
(335) Section 7851(a)(1)(A) is amended by striking ``, 4''.
(336) Section 7851(a)(1)(B) is amended by striking
``Chapters 3 and 5'' and inserting ``Chapter 3''.
(337) Section 7871(c)(3)(D)(ii)(II) is amended by striking
``calender'' and inserting ``calendar''.
(338) Section 9003(b)(2) is amended by striking ``section
9006(d)'' and inserting ``section 9006(c)''.
(339) Section 9011(b)(1) is amended by striking ``contrue''
and inserting ``construe''.
(340) Section 9502(d)(2) is amended by striking ``farms,''
and inserting ``farms),''.
(341) Section 9503(c)(5) is amended by striking ``and
before October 1, 2011,''.
(342) Section 9508(c)(1) is amended by striking ``the
Public'' and inserting ``Public''.
(343) Section 9701(a)(4) is amended by striking ``section
9713A'' and inserting ``section 9712''.
(344) Section 9704(d)(2)(B) is amended by striking
``1232)),'' and inserting ``1232),''.
(345) Section 9705(b)(1) is amended by striking ``1232(h)''
and inserting ``1232''.
(346) Section 9705(b)(2) is amended by striking ``Acts''
and inserting ``Act''.
(347) Section 9711(c)(4)(B) is amended by striking
``paragraph (4)(C)'' and inserting ``paragraph (3)(C)''.
(348) Section 9712(a)(4)(A) is amended by inserting
``section 402 of'' after ``subsections (h) and (i) of''.
(349) Section 9812(a)(3)(B)(i) is amended by striking the
comma at the end and inserting a period.
(350) Section 302 of division P of the Consolidated
Appropriations Act, 2016 is amended--
(A) in subsection (a), by inserting ``of the Internal
Revenue Code of 1986'' after ``section 48(a)(5)(C)'', and
(B) in subsection (b), by inserting ``of such Code'' after
``section 48(a)''.
(351) Section 32103(a) of the Fixing America's Surface
Transportation Act is amended by striking ``section 52106''
and inserting ``section 32102''.
(352) Section 7518(i) is amended--
(A) by striking ``section 607(k) of the Merchant Marine
Act, 1936'' and inserting ``chapter 535 of title 46, United
States Code,'', and
(B) by striking ``such section 607(k)'' and inserting
``such chapter''.
(b) General Deadwood-related Provisions.--
(1) Section 25A(c)(1) is amended by striking ``($5,000 in
the case of taxable years beginning before January 1,
2003)''.
(2) Section 26(b)(2) is amended by striking subparagraph
(P).
(3) Section 30C(e) is amended by striking paragraph (6) and
redesignating paragraph (7) as paragraph (6).
(4) Section 32(l) is amended by striking ``, and any
payment made to such individual (or such spouse) by an
employer under section 3507,''.
(5)(A) Section 38(c)(5) is amended--
(i) by striking all that precedes subparagraph (C) thereof
and inserting the following:
``(5) Rules related to eligible small businesses.--'',
(ii) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively, and
(iii) by amending subparagraph (B) (as so redesignated) to
read as follows:
``(B) Treatment of partners and s corporation
shareholders.--For purposes of paragraph (4)(B)(ii), any
credit determined under section 41 with respect to a
partnership or S corporation shall not be treated as a
specified credit by any partner or shareholder unless such
partner or shareholder meets the gross receipts test under
subparagraph (A) for the taxable year in which such credit is
treated as a current year business credit.''.
(B) Section 38(c)(2)(A)(ii)(II) is amended by striking
``the eligible small business credits,''.
(C) Section 38(c)(4)(A)(ii)(II) is amended by striking
``the eligible small business credits and''.
(D) Section 38(c)(4)(B)(ii) is amended by striking ``(as
defined in paragraph (5)(C), after application of rules
similar to the rules of paragraph (5)(D))'' and inserting
``(as defined in paragraph (5)(A) after application of the
rules of paragraph (5)(B))''.
(E) Section 39(a) is amended by striking paragraph (4).
(F) Section 39(a)(3)(A) is amended by striking ``or the
eligible small business credits''.
(6) Section 41(c)(4)(A), as amended by the preceding
provisions of this Act, is amended by striking ``(12 percent
in the case of taxable years ending before January 1,
2009)''.
(7) Section 56(b)(1)(E) is amended by striking the last
sentence.
(8) Section 56(d)(1)(A)(ii)(I) is amended by inserting
``(as in effect before its repeal by the Tax Increase
Prevention Act of 2014)'' after ``section 172(b)(1)(H)''.
(9) Section 126(a) is amended by striking paragraph (7) and
by redesignating paragraphs (8) and (9) as paragraphs (7) and
(8), respectively.
(10)(A) Section 139(c)(2) is amended by striking ``section
165(h)(3)(C)(i)'' and inserting ``section 165(i)(5)(A)''.
(B) Section 7508A(a) is amended by striking ``section
165(h)(3)(C)(i)'' and inserting ``section 165(i)(5)(A)''.
(11) Section 140(a) is amended by striking paragraph (2)
and by redesignating paragraphs (3) through (6) as paragraphs
(2) through (5), respectively.
(12) Section 163(d)(4) is amended by striking subparagraph
(E).
(13)(A) Section 168 is amended by striking subsection (n).
(B) The amendment made by this paragraph shall not apply to
property placed in service before the date of the enactment
of this Act.
(14) Section 170(e)(3) is amended by striking subparagraph
(D) and redesignating subparagraph (E) as subparagraph (D).
(15)(A) Section 179 is amended by striking subsection (e)
and redesignating subsection (f) as subsection (e).
(B) Section 179(d)(1)(B)(ii) is amended by striking
``subsection (f)'' and inserting ``subsection (e)''.
(C) The amendments made by this paragraph shall not apply
to property placed in service before the date of the
enactment of this Act.
(16) Section 196(d) is amended--
(A) by striking ``in the case of--'' and all that follows
and inserting ``in the case of the investment credit
determined under section 46 (other than the rehabilitation
credit).'', and
(B) by striking ``and Research Credit'' in the heading
thereof.
(17) Section 246A(b)(1) is amended by striking ``without
regard to section 243(d)(4)''.
(18) Section 381(c)(16) is amended by striking the second
sentence.
(19) Section 411(a)(3)(F)(i) is amended by striking ``under
section 418D or''.
(20) Section 415(g) is amended by striking ``subsection
(f)(3)'' and inserting ``subsection (f)(2)''.
(21)(A) Section 419(e)(3)(A) is amended by striking ``(17),
or (20)'' and inserting ``or (17)''.
(B) Section 419A(g)(1) is amended by striking ``(17), or
(20)'' and inserting ``or (17)''.
(C) Section 419A(g)(2) is amended by striking ``(17), or
(20)'' and inserting ``or (17)''.
(D) Section 505 is amended--
(i) in the heading thereof, by striking ``paragraph (9),
(17), or (20)'' and inserting ``paragraph (9) or (17)'',
(ii) in the heading of subsection (a), by striking
``Paragraph (9) or (20) of Section 501(c)'' and inserting
``Section 501(c)(9)'',
(iii) in subsection (a)(1), by striking ``paragraph (9) or
(20) of subsection (c) of section 501'' and inserting
``section 501(c)(9)'', and
(iv) in subsection (c)(1), by striking ``paragraph (9),
(17), or (20)'' and inserting ``paragraph (9) or (17)''.
(E) Subparagraphs (A), (C), and (D) of section 512(a)(3)
are each amended in the text thereof by striking ``(17), or
(20)'' and inserting ``or (17)''.
(F) Subparagraphs (B)(ii) and (E) of section 512(a)(3) are
each amended in the text thereof
[[Page H2011]]
by striking ``, (17), or (20)'' and inserting ``or (17)''.
(G) The heading of section 512(a)(3) is amended by striking
``(17), or (20)'' and inserting ``or (17)''.
(H) The heading of section 512(a)(3)(E) is amended by
striking ``, (17), or (20)'' and inserting ``or (17)''.
(I) The item relating to section 505 in the table of
sections for part I of subchapter F of chapter 1 is amended
to read as follows:
``Sec. 505. Additional requirements for organizations described in
paragraph (9) or (17) of section 501(c).''.
(22) Section 501(p)(4) is amended by striking ``,
556(b)(2)''.
(23) Section 530(b)(3) is amended--
(A) by striking ``(as defined in section 170(e)(6)(F)(i))''
in subparagraph (A)(iii), and
(B) by adding at the end the following new subparagraph:
``(C) Computer technology or equipment.--The term `computer
technology or equipment' means computer software (as defined
by section 197(e)(3)(B)), computer or peripheral equipment
(as defined by section 168(i)(2)(B)), and fiber optic cable
related to computer use.''.
(24) Section 593(b)(2)(D)(iv) is amended by striking
``(determined without regard to section 596)''.
(25) Section 597(c)(1) is amended by striking ``or section
21A of the Federal Home Loan Bank Act''.
(26) Section 613A(c)(6) is amended by striking subparagraph
(H).
(27) Section 664(g)(3)(E) is amended by striking
``limitations under sections 415(c) and (e)'' and inserting
``limitation under section 415(c)''.
(28) Section 856(m) is amended by striking paragraph (6).
(29) Section 871(a)(3) is amended by striking the last
sentence thereof.
(30) Section 992(d) is amended by striking paragraph (6),
by inserting ``or'' at the end of paragraph (5), and by
redesignating paragraph (7) as paragraph (6).
(31) Section 1245(a)(3)(C) is amended by striking ``,
185''.
(32)(A) Section 1252(a)(1) is amended by striking ``during
a taxable year beginning''.
(B) Section 1252(a)(1)(A) is amended--
(i) by striking ``sections'' and inserting ``section'', and
(ii) by striking ``and 182'' and all that follows through
``for expenditures'' and inserting ``for expenditures''.
(C) Section 1252(a)(2) is amended--
(i) by striking ``sections'' and inserting ``section'', and
(ii) by striking ``or 182'' and all that follows and
inserting a period.
(33) Section 1374(d)(2)(B) is amended by striking the last
sentence.
(34) Section 3111 is amended by striking subsection (d).
(35) Section 3127(b)(3) is amended by striking ``or
222(b)''.
(36) Section 3221 is amended by striking subsection (c) and
by redesignating subsection (d) as subsection (c).
(37) Section 3301 is amended by striking ``equal to--'' and
all that follows and inserting ``equal to 6 percent of the
total wages (as defined in section 3306(b)) paid by such
employer during the calendar year with respect to employment
(as defined in section 3306(c)).''.
(38) Section 3302(c)(2) is amended by striking the next to
last sentence.
(39) Section 3302(f)(2) is amended--
(A) by striking ``(or, for purposes of applying this
subparagraph to taxable year 1983, September 30, 1981)'' in
subparagraph (D), and
(B) by striking the last sentence.
(40) Section 4042(b)(1) is amended by adding ``and'' at the
end of subparagraph (A), by striking ``, and'' at the end of
subparagraph (B) and inserting a period, and by striking
subparagraph (C).
(41) Section 4042(b)(2) is amended by striking subparagraph
(C).
(42) Section 4261(b)(1) is amended by striking ``a tax in
the amount'' and all that follows and inserting ``a tax in
the amount of $3.00.''.
(43) Section 4481(d) is amended to read as follows:
``(d) One Tax Liability Per Period.--To the extent that the
tax imposed by this section is paid with respect to any
highway motor vehicle for any taxable period, no further tax
shall be imposed by this section for such taxable period with
respect to such vehicle.''.
(44) Section 4971(d) is amended by striking the last
sentence.
(45) Section 6050G(a)(2) is amended by striking ``(to the
extent not previously taken into account under section
72(d)(1))''.
(46) Section 6215(b) is amended by striking paragraph (5)
and by redesignating paragraphs (6) and (7) as paragraphs (5)
and (6), respectively.
(47) Section 6601(b) is amended by striking paragraph (2)
and by redesignating paragraphs (3) through (5) as paragraphs
(2) through (4), respectively.
(48) Section 6654(d)(1)(C)(i) is amended by striking ``by
substituting'' and all that follows and inserting ``by
substituting `110 percent' for `100 percent'.''.
(49) Section 6654(d)(1) is amended by striking subparagraph
(D).
(50) Part II of subchapter C of chapter 75 is amended by
striking section 7326 (and by striking the item relating to
such section in the table of sections for such part).
(51) Section 7448(a)(5) is amended by striking ``, whether
or not performing judicial duties under section 7443B''.
(52) Section 7448(a)(6) is amended by striking ``, and
compensation received under section 7443B''.
(53) Section 7448(d) is amended by striking ``at 4 percent
per annum to December 31, 1947, and 3 percent per annum
thereafter'' and inserting ``at 3 percent per annum''.
(54) Section 7701(a)(19)(A) is amended by striking ``either
(i)'' and all that follows through ``(ii)''.
(55) Section 7701(a)(32)(A) is amended to read as follows:
``(A) is subject by law to supervision and examination by
State or Federal authority having supervision over such
institutions, and''.
(56) Section 8021 is amended by striking subsection (f).
(57) Section 8022(3) is amended by striking subparagraph
(C).
(c) Repeal of Certain Obsolete Bond Provisions.--
(1) Certain rules with respect to bonds issued before july
2, 1982.--
(A) Section 1271 is amended--
(i) by striking subsection (c) and by redesignating
subsection (d) as subsection (c), and
(ii) by striking ``(and paragraph (2) of subsection (c))''
in subsection (a)(2)(B).
(B) Section 1272 is amended by striking subsection (b) and
by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively.
(C) Section 163(e)(1) is amended by striking ``In the case
of any debt instrument issued after July 1, 1982, the portion
of the original issue discount with respect to such debt
instrument which is'' and inserting ``The portion of the
original issue discount with respect to any debt instrument
which is''.
(D) Section 1271(a)(2)(A)(ii) is amended by striking
``subsection (a)(7) or (b)(4) of section 1272'' and inserting
``section 1272(a)(7)''.
(E) Section 1271(b)(1) is amended to read as follows:
``(1) In general.--This section shall not apply to any
obligation issued by a natural person before June 9, 1997.''.
(F) Section 1272(a) is amended--
(i) by striking ``on Debt Instruments Issued After July 1,
1982,'' in the heading, and
(ii) by striking ``issued after July 1, 1982'' in paragraph
(1).
(G) Section 1278(a)(4)(B) is amended by striking ``or
(b)(4)''.
(H) The amendments made by this paragraph shall apply to
debt instruments issued on or after July 2, 1982.
(2) Certain rules with respect to stripped bonds purchased
before july 2, 1982.--
(A) Section 1286, as amended by this section, is amended by
striking subsection (c) and by redesignating subsections (d),
(e), (f), and (g) as subsections (c), (d), (e), and (f),
respectively.
(B) Subsections (a) and (b) of section 1286 are each
amended by striking ``after July 1, 1982,''.
(C) Section 1286(d)(5), as redesignated by subparagraph
(A), is amended by striking the last sentence.
(D) Section 305(e)(7) is amended by striking ``1286(f)''
and inserting ``1286(e)''.
(E) The amendments made by this paragraph shall apply to
bonds purchased on or after July 2, 1982.
(3) Certain rules with respect to obligations issued before
march 2, 1984.--
(A) Section 1272(a)(2) is amended by striking subparagraph
(D) and by redesignating subparagraph (E) as subparagraph
(D).
(B) Section 163(e)(4) is amended to read as follows:
``(4) Exception.--This subsection shall not apply to any
debt instrument described in section 1272(a)(2)(D) (relating
to loans between natural persons).''.
(C) The amendments made by this paragraph shall apply to
obligations issued on or after March 2, 1984.
(d) Deadwood Provisions Involving Repeal of One or More
Sections.--
(1) Puerto rico economic activity credit; puerto rico and
possession tax credit.--
(A) Possession tax credit.--Section 27 is amended to read
as follows:
``SEC. 27. TAXES OF FOREIGN COUNTRIES AND POSSESSIONS OF THE
UNITED STATES.
``The amount of taxes imposed by foreign countries and
possessions of the United States shall be allowed as a credit
against the tax imposed by this chapter to the extent
provided in section 901''.
(B) Puerto rico economic activity credit.--Subpart C of
part IV of subchapter A of chapter 1 is amended by striking
section 30A (and by striking the item relating to such
section in the table of sections for such subpart).
(C) Puerto rico and possession tax credit.--Subpart C of
part III of subchapter N of chapter 1 is amended by striking
section 936 (and by striking the item relating to such
section in the table of sections for such subpart).
(D) Conforming amendments.--
(i) The item relating to section 27 in the table of
sections for subpart B of part IV of subchapter A of chapter
1 is amended to read as follows:
``Sec. 27. Taxes of foreign countries and possessions of the United
States.''.
(ii) Sections 26(a)(1), 59(a)(1), 469(c)(3)(B), and
469(d)(2)(A)(ii) are each amended by striking ``27(a)'' and
inserting ``27''.
[[Page H2012]]
(iii) Section 45C(d)(2) is amended--
(I) by striking subparagraph (B),
(II) by redesignating clauses (i) and (ii) of subparagraph
(A) as subparagraphs (A) and (B), respectively, and moving
such subparagraphs (as so redesignated) 2 ems to the left,
and
(III) by striking ``In general.--'' and all that precedes
it and inserting the following:
``(2) Special limitations on foreign testing.--''.
(iv) Section 168(g)(4)(G) is amended by striking ``(other
than a corporation which has an election in effect under
section 936)''.
(v) Section 243(b)(1)(B) is amended to read as follows:
``(B) if such dividend is distributed out of the earnings
and profits of a taxable year of the distributing corporation
which ends after December 31, 1963, and on each day of which
the distributing corporation and the corporation receiving
the dividend were members of such affiliated group.''.
(vi) Section 246 is amended by striking subsection (e).
(vii) Section 338(h)(6)(B)(i) is amended by striking ``, a
DISC, or a corporation to which an election under section 936
applies'' and inserting ``or a DISC''.
(viii)(I) Section 367(d) is amended by adding at the end
the following new paragraph:
``(4) Intangible property.--For purposes of this
subsection, the term `intangible property' means any--
``(A) patent, invention, formula, process, design, pattern,
or know-how,
``(B) copyright, literary, musical, or artistic
composition,
``(C) trademark, trade name, or brand name,
``(D) franchise, license, or contract,
``(E) method, program, system, procedure, campaign, survey,
study, forecast, estimate, customer list, or technical data,
``(F) goodwill, going concern value, or workforce in place
(including its composition and terms and conditions
(contractual or otherwise) of its employment), or
``(G) other item the value or potential value of which is
not attributable to tangible property or the services of any
individual.''.
(II) Section 367(d)(1) is amended by striking ``(within the
meaning of section 936(h)(3)(B))''.
(III) Sections 482 and 1298(e)(2)(A) are each amended by
striking ``section 936(h)(3)(B)'' and inserting ``section
367(d)(4)''.
(ix) Section 861(a)(2)(A) is amended by striking ``other
than a corporation which has an election in effect under
section 936''.
(x) Section 864(d)(5) is amended to read as follows:
``(5) Certain provisions not to apply.--The following
provisions shall not apply to any amount treated as interest
under paragraph (1) or (6):
``(A) Section 904(d)(2)(B)(iii)(I) (relating to exceptions
for export financing interest).
``(B) Subparagraph (A) of section 954(b)(3) (relating to
exception where foreign base company income is less than 5
percent or $1,000,000).
``(C) Subparagraph (B) of section 954(c)(2) (relating to
certain export financing).
``(D) Clause (i) of section 954(c)(3)(A) (relating to
certain income received from related persons).''.
(xi) Section 865(j)(3) is amended by striking ``, 933, and
936'' and inserting ``and 933''.
(xii) Section 901(g)(2) is amended by inserting ``(as in
effect on the day before the date of the enactment of the Tax
Technical Corrections Act of 2018)'' after ``section 936''.
(xiii) Section 904(b) is amended by striking paragraph (4)
and by redesignating paragraph (5) as paragraph (4).
(xiv) Section 904(f)(1) is amended by striking ``and
section 936''.
(xv) Section 1202(e)(4) is amended by striking subparagraph
(B) and by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(xvi) Section 1361(b)(2) is amended by adding ``or'' at the
end of subparagraph (B), by striking subparagraph (C), and by
redesignating subparagraph (D) as subparagraph (C).
(xvii)(I) Section 1504(b) is amended by striking paragraph
(4) and by redesignating paragraphs (6), (7), and (8) as
paragraphs (4), (5), and (6), respectively.
(II) Section 243(b)(2) is amended by striking ``,
1504(b)(4),''.
(III) Section 332(d)(2)(B) is amended by striking
``paragraphs (2) and (4)'' and inserting ``paragraph (2)''.
(IV) Section 864(e)(5)(A) is amended by striking
``(determined without regard to paragraph (4) of section
1504(b))''.
(V) Section 864(f) is amended in paragraphs (1)(C)(i) and
(2) by striking ``paragraphs (2) and (4)'' and inserting
``paragraph (2)''.
(xviii) Section 6091(b)(2)(B) is amended by striking clause
(ii) and by redesignating clauses (iii) and (iv) as clauses
(ii) and (iii), respectively.
(xix) Section 6654(d)(2)(D) is amended--
(I) by striking ``936(h) or'' in clause (i), and
(II) by striking ``and section 936'' in the heading.
(xx) Section 6655(e)(4) is amended--
(I) by striking ``936(h) or'' in subparagraph (A), and
(II) by striking ``and section 936'' in the heading.
(2) Energy efficient appliance credit.--
(A) In general.--Subpart D of part IV of subchapter A of
chapter 1 is amended by striking section 45M (and by striking
the item relating to such section in the table of sections
for such subpart).
(B) Conforming amendment.--Section 38(b), as amended by the
preceding provisions of this Act, is amended by striking
paragraph (24) and by redesignating paragraphs (25) through
(37) as paragraphs (24) through (36), respectively.
(3) Qualifying therapeutic discovery project credit.--
(A) In general.--Subpart E of part IV of subchapter A of
chapter 1 is amended by striking section 48D (and by striking
the item relating to such section in the table of sections
for such subpart).
(B) Conforming amendments.--
(i) Section 49(a)(1)(C) is amended by adding ``and'' at the
end of clause (iv), by striking ``, and'' at the end of
clause (v) and inserting a period, and by striking clause
(vi).
(ii) Section 50(a)(2)(E) is amended by striking
``48C(b)(2), or 48D(b)(4)'' and inserting ``or 48C(b)(2)''.
(iii) Section 280C is amended by striking the subsection
(g) which relates to the qualifying therapeutic discovery
project credit.
(C) Savings provision.--In the case of the repeal of
section 48D(e)(1) of the Internal Revenue Code of 1986, the
amendments made by this paragraph shall not apply to
expenditures made in taxable years beginning before January
1, 2011.
(4) DC zone provisions.--
(A) In general.--Chapter 1 is amended by striking
subchapter W (and by striking the item relating to such
subchapter in the table of subchapters for such chapter).
(B) Conforming amendments.--
(i) Section 23(c)(1) is amended by striking ``sections 25D
and 1400C'' and inserting ``section 25D''.
(ii) Section 25(e)(1)(C) is amended by striking ``sections
23, 25D, and 1400C'' and inserting ``sections 23 and 25D''.
(iii) Section 45D(h) is amended by striking ``sections
1202, 1400B, and 1400F'' and inserting ``section 1202''.
(iv) Section 1016(a) is amended by striking paragraph (27).
(v) Section 1202(a)(2)(B) is amended by inserting ``(as in
effect before its repeal)'' after ``1400B(b)''.
(vi) Section 1223(13) is amended by striking ``sections
1202(a)(2), 1202(c)(2)(A), 1400B(b), and 1400F(b)'' and
inserting ``subsections (a)(2) and (c)(2)(A) of section
1202''.
(vii) Section 1397B(b)(1) is amended by striking
subparagraph (B).
(C) Savings provisions.--The amendments made by this
paragraph shall not apply to--
(i) in the case of the repeal of section 1400A of the
Internal Revenue Code of 1986, obligations described in
section 1394 of such Code (as in effect before its repeal)
which were issued before January 1, 2012,
(ii) in the case of the repeal of section 1400B of such
Code, DC Zone assets (as defined in such section, as in
effect before its repeal) which were acquired by the taxpayer
before January 1, 2012, and
(iii) in the case of the repeal of section 1400C of such
Code, principal residences acquired before January 1, 2012.
(5) Renewal community provisions.--
(A) In general.--Chapter 1 is amended by striking
subchapter X (and by striking the item relating to such
subchapter in the table of subchapters for such chapter).
(B) Conforming amendments.--
(i) Section 469(i)(3) is amended by striking subparagraph
(C) and by redesignating subparagraphs (D), (E), and (F) as
subparagraphs (C), (D), and (E), respectively.
(ii) Section 469(i)(3)(D), as so redesignated, is amended
to read as follows:
``(D) Ordering rule.--Paragraph (1) shall be applied for
any taxable year--
``(i) first, to the passive activity loss,
``(ii) second, to the portion of the passive activity
credit to which subparagraph (B) and (C) does not apply,
``(iii) third, to the portion of such credit to which
subparagraph (B) applies, and
``(iv) then, to the portion of such credit to which
subparagraph (C) applies.''.
(iii) Section 469(i)(6)(B) is amended--
(I) by striking ``, rehabilitation credit, or commercial
revitalization deduction'' in the heading and inserting ``or
rehabilitation credit'',
(II) by adding ``or'' at the end of clause (i),
(III) by striking ``, or'' at the end of clause (ii) and
inserting a comma, and
(IV) by striking clause (iii).
(iv) Section 1397B(b)(1), as amended by the preceding
provisions of this Act, is amended by adding at the end the
following new subparagraph:
``(B) References.--Any reference in this paragraph to
section 1400F shall be treated as reference to such section
before its repeal.''.
(v) Section 1397B(b)(5) is amended by striking ``which is
sold--'' and all that follows and inserting ``which is sold,
the taxpayer's holding period for such asset and the asset
referred to in subsection (a)(1) shall be determined without
regard to section 1223.''.
(C) Savings provisions.--The amendments made by this
paragraph shall not apply to--
(i) in the case of the repeal of section 1400F of the
Internal Revenue Code of 1986, qualified community assets (as
defined in such section, as in effect before its repeal)
which were acquired by the taxpayer before January 1, 2010,
(ii) in the case of the repeal section 1400H of such Code,
wages paid or incurred before January 1, 2010,
(iii) in the case of the repeal of section 1400I of such
Code, qualified revitalization buildings (as defined in such
section, as in effect before its repeal) which were placed in
service before January 1, 2010, and
[[Page H2013]]
(iv) in the case of the repeal of section 1400J of such
Code, property acquired before January 1, 2010.
(6) Short-term regional benefits.--
(A) In general.--Chapter 1 is amended by striking
subchapter Y (and by striking the item relating to such
subchapter in the table of subchapters for such chapter).
(B) Conforming amendments.--
(i) Section 38(b), as amended by the preceding provisions
of this Act, is amended by striking paragraphs (26), (27),
(28), and (29) and by redesignating paragraphs (30) through
(36) as paragraphs (26) through (32), respectively.
(ii) Section 38(c)(2)(A)(ii)(II), as amended by the
preceding provisions of this Act, is amended by striking ``,
the New York Liberty Zone business employee credit,''.
(iii) Section 38(c) is amended by striking paragraph (3).
(iv) Section 280C(a), as amended by the preceding
provisions of this Act, is amended by striking ``1396(a),
1400P(b), and 1400R'' and inserting ``and 1396(a)''.
(v) Section 6033(b)(14) is amended by striking ``including
the amount and use of qualified contributions to which
section 1400S(a) applies,''.
(vi) Section 6049(d)(8)(A) is amended--
(I) by striking ``or 1400N(l)(6)'', and
(II) by striking ``or 1400N(l)(2)(D), as the case may be''.
(C) Savings provisions.--The amendments made by this
paragraph shall not apply to--
(i) in the case of the repeal of section 1400L(a) of the
Internal Revenue Code of 1986, qualified wages (as defined in
such section, as in effect before its repeal) which were paid
or incurred before January 1, 2004,
(ii) in the case of the repeal of subsections (b) and (f)
of section 1400L of such Code, qualified New York Liberty
Zone property (as defined in section 1400L(b) of such Code,
as in effect before its repeal) placed in service before
January 1, 2010,
(iii) in the case of the repeal of section 1400L(c) of such
Code, qualified New York Liberty Zone leasehold improvement
property (as defined in such section, as in effect before its
repeal) placed in service before January 1, 2007,
(iv) in the case of the repeal of section 1400L(d) of such
Code, qualified New York Liberty bonds (as defined in such
section, as in effect before its repeal) issued before
January 1, 2014,
(v) in the case of the repeal of section 1400L(e) of such
Code, advanced refundings before January 1, 2006,
(vi) in the case of the repeal of section 1400L(g) of such
Code, property which is compulsorily or involuntarily
converted as a result of the terrorist attacks on September
11, 2001,
(vii) in the case of the repeal of section 1400N(a) of such
Code, obligations issued before January 1, 2012,
(viii) in the case of the repeal of section 1400N(b) of
such Code, advanced refundings before January 1, 2011,
(ix) in the case of the repeal of section 1400N(d) of such
Code, property placed in service before January 1, 2012,
(x) in the case of the repeal of section 1400N(e) of such
Code, property placed in service before January 1, 2009,
(xi) in the case of the repeal of subsections (f) and (g)
of section 1400N of such Code, amounts paid or incurred
before January 1, 2008,
(xii) in the case of the repeal of section 1400N(h) of such
Code, amounts paid or incurred before January 1, 2012,
(xiii) in the case of the repeal of section 1400N(k)(1)(B)
of such Code, losses arising in taxable years beginning
before January 1, 2008,
(xiv) in the case of the repeal of section 1400N(l) of such
Code, bonds issued before January 1, 2007,
(xv) in the case of the repeal of section 1400Q(a) of such
Code, distributions before January 1, 2007,
(xvi) in the case of the repeal of section 1400Q(b) of such
Code, contributions before March 1, 2006,
(xvii) in the case of the repeal of section 1400Q(c) of
such Code, loans made before January 1, 2007,
(xviii) in the case of the repeal of section 1400R of such
Code, wages paid or incurred before January 1, 2006,
(xix) in the case of the repeal of section 1400S(a) of such
Code, contributions paid before January 1, 2006,
(xx) in the case of the repeal of section 1400T of such
Code, financing provided before January 1, 2011, and
(xxi) in the case of the repeal of part III of subchapter Y
of chapter 1 of such Code, obligations issued before January
1, 2011.
(7) Provisions related to cobra premium assistance.--
(A) In general.--Subchapter B of chapter 65 is amended by
striking section 6432 (and by striking the item relating to
such section in the table of sections for such subchapter).
(B) Notification requirement.--Part I of subchapter B of
chapter 68 is amended by striking section 6720C (and by
striking the item relating to such section in the table of
sections for such part).
(C) Exclusion from gross income.--Part III of subchapter B
of chapter 1 is amended by striking section 139C (and by
striking the item relating to such section in the table of
sections for such part).
(8) Effective date of presidential election campaign
fund.--Chapter 95 is amended by striking section 9013 (and by
striking the item relating to such section in the table of
sections for such chapter).
(e) General Savings Provision With Respect to Deadwood
Provisions.--If--
(1) any provision amended or repealed by the amendments
made by subsection (b) or (d) applied to--
(A) any transaction occurring before the date of the
enactment of this Act,
(B) any property acquired before such date of enactment, or
(C) any item of income, loss, deduction, or credit taken
into account before such date of enactment, and
(2) the treatment of such transaction, property, or item
under such provision would (without regard to the amendments
or repeals made by such subsection) affect the liability for
tax for periods ending after such date of enactment,
nothing in the amendments or repeals made by this section
shall be construed to affect the treatment of such
transaction, property, or item for purposes of determining
liability for tax for periods ending after such date of
enactment.
DIVISION V--CLOUD ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Clarifying Lawful
Overseas Use of Data Act'' or the ``CLOUD Act''.
SEC. 102. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) Timely access to electronic data held by
communications-service providers is an essential component of
government efforts to protect public safety and combat
serious crime, including terrorism.
(2) Such efforts by the United States Government are being
impeded by the inability to access data stored outside the
United States that is in the custody, control, or possession
of communications-service providers that are subject to
jurisdiction of the United States.
(3) Foreign governments also increasingly seek access to
electronic data held by communications-service providers in
the United States for the purpose of combating serious crime.
(4) Communications-service providers face potential
conflicting legal obligations when a foreign government
orders production of electronic data that United States law
may prohibit providers from disclosing.
(5) Foreign law may create similarly conflicting legal
obligations when chapter 121 of title 18, United States Code
(commonly known as the `` Stored Communications Act''),
requires disclosure of electronic data that foreign law
prohibits communications-service providers from disclosing.
(6) International agreements provide a mechanism for
resolving these potential conflicting legal obligations where
the United States and the relevant foreign government share a
common commitment to the rule of law and the protection of
privacy and civil liberties.
SEC. 103. PRESERVATION OF RECORDS; COMITY ANALYSIS OF LEGAL
PROCESS.
(a) Required Preservation and Disclosure of Communications
and Records.--
(1) Amendment.--Chapter 121 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2713. Required preservation and disclosure of
communications and records
``A provider of electronic communication service or remote
computing service shall comply with the obligations of this
chapter to preserve, backup, or disclose the contents of a
wire or electronic communication and any record or other
information pertaining to a customer or subscriber within
such provider's possession, custody, or control, regardless
of whether such communication, record, or other information
is located within or outside of the United States.''.
(2) Table of sections.--The table of sections for chapter
121 of title 18, United States Code, is amended by inserting
after the item relating to section 2712 the following:
``2713. Required preservation and disclosure of communications and
records.''.
(b) Comity Analysis of Legal Process Seeking Contents of
Wire or Electronic Communication.--Section 2703 of title 18,
United States Code, is amended by adding at the end the
following:
``(h) Comity Analysis and Disclosure of Information
Regarding Legal Process Seeking Contents of Wire or
Electronic Communication.--
``(1) Definitions.--In this subsection--
``(A) the term `qualifying foreign government' means a
foreign government--
``(i) with which the United States has an executive
agreement that has entered into force under section 2523; and
``(ii) the laws of which provide to electronic
communication service providers and remote computing service
providers substantive and procedural opportunities similar to
those provided under paragraphs (2) and (5); and
``(B) the term `United States person' has the meaning given
the term in section 2523.
``(2) Motions to quash or modify.--(A) A provider of
electronic communication service to the public or remote
computing service, including a foreign electronic
communication service or remote computing service, that is
being required to disclose pursuant to legal process issued
under this section the contents of a wire or electronic
communication of a subscriber or customer, may file a motion
to modify or quash the legal process where the provider
reasonably believes--
[[Page H2014]]
``(i) that the customer or subscriber is not a United
States person and does not reside in the United States; and
``(ii) that the required disclosure would create a material
risk that the provider would violate the laws of a qualifying
foreign government.
Such a motion shall be filed not later than 14 days after the
date on which the provider was served with the legal process,
absent agreement with the government or permission from the
court to extend the deadline based on an application made
within the 14 days. The right to move to quash is without
prejudice to any other grounds to move to quash or defenses
thereto, but it shall be the sole basis for moving to quash
on the grounds of a conflict of law related to a qualifying
foreign government.
``(B) Upon receipt of a motion filed pursuant to
subparagraph (A), the court shall afford the governmental
entity that applied for or issued the legal process under
this section the opportunity to respond. The court may modify
or quash the legal process, as appropriate, only if the court
finds that--
``(i) the required disclosure would cause the provider to
violate the laws of a qualifying foreign government;
``(ii) based on the totality of the circumstances, the
interests of justice dictate that the legal process should be
modified or quashed; and
``(iii) the customer or subscriber is not a United States
person and does not reside in the United States.
``(3) Comity analysis.--For purposes of making a
determination under paragraph (2)(B)(ii), the court shall
take into account, as appropriate--
``(A) the interests of the United States, including the
investigative interests of the governmental entity seeking to
require the disclosure;
``(B) the interests of the qualifying foreign government in
preventing any prohibited disclosure;
``(C) the likelihood, extent, and nature of penalties to
the provider or any employees of the provider as a result of
inconsistent legal requirements imposed on the provider;
``(D) the location and nationality of the subscriber or
customer whose communications are being sought, if known, and
the nature and extent of the subscriber or customer's
connection to the United States, or if the legal process has
been sought on behalf of a foreign authority pursuant to
section 3512, the nature and extent of the subscriber or
customer's connection to the foreign authority's country;
``(E) the nature and extent of the provider's ties to and
presence in the United States;
``(F) the importance to the investigation of the
information required to be disclosed;
``(G) the likelihood of timely and effective access to the
information required to be disclosed through means that would
cause less serious negative consequences; and
``(H) if the legal process has been sought on behalf of a
foreign authority pursuant to section 3512, the investigative
interests of the foreign authority making the request for
assistance.
``(4) Disclosure obligations during pendency of
challenge.--A service provider shall preserve, but not be
obligated to produce, information sought during the pendency
of a motion brought under this subsection, unless the court
finds that immediate production is necessary to prevent an
adverse result identified in section 2705(a)(2).
``(5) Disclosure to qualifying foreign government.--(A) It
shall not constitute a violation of a protective order issued
under section 2705 for a provider of electronic communication
service to the public or remote computing service to disclose
to the entity within a qualifying foreign government,
designated in an executive agreement under section 2523, the
fact of the existence of legal process issued under this
section seeking the contents of a wire or electronic
communication of a customer or subscriber who is a national
or resident of the qualifying foreign government.
``(B) Nothing in this paragraph shall be construed to
modify or otherwise affect any other authority to make a
motion to modify or quash a protective order issued under
section 2705.''.
(c) Rule of Construction.--Nothing in this section, or an
amendment made by this section, shall be construed to modify
or otherwise affect the common law standards governing the
availability or application of comity analysis to other types
of compulsory process or to instances of compulsory process
issued under section 2703 of title 18, United States Code, as
amended by this section, and not covered under subsection
(h)(2) of such section 2703.
SEC. 104. ADDITIONAL AMENDMENTS TO CURRENT COMMUNICATIONS
LAWS.
Title 18, United States Code, is amended--
(1) in chapter 119--
(A) in section 2511(2), by adding at the end the following:
``(j) It shall not be unlawful under this chapter for a
provider of electronic communication service to the public or
remote computing service to intercept or disclose the
contents of a wire or electronic communication in response to
an order from a foreign government that is subject to an
executive agreement that the Attorney General has determined
and certified to Congress satisfies section 2523.''; and
(B) in section 2520(d), by amending paragraph (3) to read
as follows:
``(3) a good faith determination that section 2511(3),
2511(2)(i), or 2511(2)(j) of this title permitted the conduct
complained of;'';
(2) in chapter 121--
(A) in section 2702--
(i) in subsection (b)--
(I) in paragraph (8), by striking the period at the end and
inserting ``; or''; and
(II) by adding at the end the following:
``(9) to a foreign government pursuant to an order from a
foreign government that is subject to an executive agreement
that the Attorney General has determined and certified to
Congress satisfies section 2523.''; and
(ii) in subsection (c)--
(I) in paragraph (5), by striking ``or'' at the end;
(II) in paragraph (6), by striking the period at the end
and inserting ``; or''; and
(III) by adding at the end the following:
``(7) to a foreign government pursuant to an order from a
foreign government that is subject to an executive agreement
that the Attorney General has determined and certified to
Congress satisfies section 2523.''; and
(B) in section 2707(e), by amending paragraph (3) to read
as follows:
``(3) a good faith determination that section 2511(3),
section 2702(b)(9), or section 2702(c)(7) of this title
permitted the conduct complained of;''; and
(3) in chapter 206--
(A) in section 3121(a), by inserting before the period at
the end the following: ``or an order from a foreign
government that is subject to an executive agreement that the
Attorney General has determined and certified to Congress
satisfies section 2523''; and
(B) in section 3124--
(i) by amending subsection (d) to read as follows:
``(d) No Cause of Action Against a Provider Disclosing
Information Under This Chapter.--No cause of action shall lie
in any court against any provider of a wire or electronic
communication service, its officers, employees, agents, or
other specified persons for providing information,
facilities, or assistance in accordance with a court order
under this chapter, request pursuant to section 3125 of this
title, or an order from a foreign government that is subject
to an executive agreement that the Attorney General has
determined and certified to Congress satisfies section
2523.''; and
(ii) by amending subsection (e) to read as follows:
``(e) Defense.--A good faith reliance on a court order
under this chapter, a request pursuant to section 3125 of
this title, a legislative authorization, a statutory
authorization, or a good faith determination that the conduct
complained of was permitted by an order from a foreign
government that is subject to executive agreement that the
Attorney General has determined and certified to Congress
satisfies section 2523, is a complete defense against any
civil or criminal action brought under this chapter or any
other law.''.
SEC. 105. EXECUTIVE AGREEMENTS ON ACCESS TO DATA BY FOREIGN
GOVERNMENTS.
(a) In General.--Chapter 119 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2523. Executive agreements on access to data by
foreign governments
``(a) Definitions.--In this section--
``(1) the term `lawfully admitted for permanent residence'
has the meaning given the term in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)); and
``(2) the term `United States person' means a citizen or
national of the United States, an alien lawfully admitted for
permanent residence, an unincorporated association a
substantial number of members of which are citizens of the
United States or aliens lawfully admitted for permanent
residence, or a corporation that is incorporated in the
United States.
``(b) Executive Agreement Requirements.--For purposes of
this chapter, chapter 121, and chapter 206, an executive
agreement governing access by a foreign government to data
subject to this chapter, chapter 121, or chapter 206 shall be
considered to satisfy the requirements of this section if the
Attorney General, with the concurrence of the Secretary of
State, determines, and submits a written certification of
such determination to Congress, including a written
certification and explanation of each consideration in
paragraphs (1), (2), (3), and (4), that--
``(1) the domestic law of the foreign government, including
the implementation of that law, affords robust substantive
and procedural protections for privacy and civil liberties in
light of the data collection and activities of the foreign
government that will be subject to the agreement, if--
``(A) such a determination under this section takes into
account, as appropriate, credible information and expert
input; and
``(B) the factors to be met in making such a determination
include whether the foreign government--
``(i) has adequate substantive and procedural laws on
cybercrime and electronic evidence, as demonstrated by being
a party to the Convention on Cybercrime, done at Budapest
November 23, 2001, and entered into force January 7, 2004, or
through domestic laws that are consistent with definitions
and the requirements set forth in chapters I and II of that
Convention;
``(ii) demonstrates respect for the rule of law and
principles of nondiscrimination;
[[Page H2015]]
``(iii) adheres to applicable international human rights
obligations and commitments or demonstrates respect for
international universal human rights, including--
``(I) protection from arbitrary and unlawful interference
with privacy;
``(II) fair trial rights;
``(III) freedom of expression, association, and peaceful
assembly;
``(IV) prohibitions on arbitrary arrest and detention; and
``(V) prohibitions against torture and cruel, inhuman, or
degrading treatment or punishment;
``(iv) has clear legal mandates and procedures governing
those entities of the foreign government that are authorized
to seek data under the executive agreement, including
procedures through which those authorities collect, retain,
use, and share data, and effective oversight of these
activities;
``(v) has sufficient mechanisms to provide accountability
and appropriate transparency regarding the collection and use
of electronic data by the foreign government; and
``(vi) demonstrates a commitment to promote and protect the
global free flow of information and the open, distributed,
and interconnected nature of the Internet;
``(2) the foreign government has adopted appropriate
procedures to minimize the acquisition, retention, and
dissemination of information concerning United States persons
subject to the agreement;
``(3) the terms of the agreement shall not create any
obligation that providers be capable of decrypting data or
limitation that prevents providers from decrypting data; and
``(4) the agreement requires that, with respect to any
order that is subject to the agreement--
``(A) the foreign government may not intentionally target a
United States person or a person located in the United
States, and shall adopt targeting procedures designed to meet
this requirement;
``(B) the foreign government may not target a non-United
States person located outside the United States if the
purpose is to obtain information concerning a United States
person or a person located in the United States;
``(C) the foreign government may not issue an order at the
request of or to obtain information to provide to the United
States Government or a third-party government, nor shall the
foreign government be required to share any information
produced with the United States Government or a third-party
government;
``(D) an order issued by the foreign government--
``(i) shall be for the purpose of obtaining information
relating to the prevention, detection, investigation, or
prosecution of serious crime, including terrorism;
``(ii) shall identify a specific person, account, address,
or personal device, or any other specific identifier as the
object of the order;
``(iii) shall be in compliance with the domestic law of
that country, and any obligation for a provider of an
electronic communications service or a remote computing
service to produce data shall derive solely from that law;
``(iv) shall be based on requirements for a reasonable
justification based on articulable and credible facts,
particularity, legality, and severity regarding the conduct
under investigation;
``(v) shall be subject to review or oversight by a court,
judge, magistrate, or other independent authority prior to,
or in proceedings regarding, enforcement of the order; and
``(vi) in the case of an order for the interception of wire
or electronic communications, and any extensions thereof,
shall require that the interception order--
``(I) be for a fixed, limited duration; and
``(II) may not last longer than is reasonably necessary to
accomplish the approved purposes of the order; and
``(III) be issued only if the same information could not
reasonably be obtained by another less intrusive method;
``(E) an order issued by the foreign government may not be
used to infringe freedom of speech;
``(F) the foreign government shall promptly review material
collected pursuant to the agreement and store any unreviewed
communications on a secure system accessible only to those
persons trained in applicable procedures;
``(G) the foreign government shall, using procedures that,
to the maximum extent possible, meet the definition of
minimization procedures in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801),
segregate, seal, or delete, and not disseminate material
found not to be information that is, or is necessary to
understand or assess the importance of information that is,
relevant to the prevention, detection, investigation, or
prosecution of serious crime, including terrorism, or
necessary to protect against a threat of death or serious
bodily harm to any person;
``(H) the foreign government may not disseminate the
content of a communication of a United States person to
United States authorities unless the communication may be
disseminated pursuant to subparagraph (G) and relates to
significant harm, or the threat thereof, to the United States
or United States persons, including crimes involving national
security such as terrorism, significant violent crime, child
exploitation, transnational organized crime, or significant
financial fraud;
``(I) the foreign government shall afford reciprocal rights
of data access, to include, where applicable, removing
restrictions on communications service providers, including
providers subject to United States jurisdiction, and thereby
allow them to respond to valid legal process sought by a
governmental entity (as defined in section 2711) if foreign
law would otherwise prohibit communications-service providers
from disclosing the data;
``(J) the foreign government shall agree to periodic review
of compliance by the foreign government with the terms of the
agreement to be conducted by the United States Government;
and
``(K) the United States Government shall reserve the right
to render the agreement inapplicable as to any order for
which the United States Government concludes the agreement
may not properly be invoked.
``(c) Limitation on Judicial Review.--A determination or
certification made by the Attorney General under subsection
(b) shall not be subject to judicial or administrative
review.
``(d) Effective Date of Certification.--
``(1) Notice.--Not later than 7 days after the date on
which the Attorney General certifies an executive agreement
under subsection (b), the Attorney General shall provide
notice of the determination under subsection (b) and a copy
of the executive agreement to Congress, including--
``(A) the Committee on the Judiciary and the Committee on
Foreign Relations of the Senate; and
``(B) the Committee on the Judiciary and the Committee on
Foreign Affairs of the House of Representatives.
``(2) Entry into force.--An executive agreement that is
determined and certified by the Attorney General to satisfy
the requirements of this section shall enter into force not
earlier than the date that is 180 days after the date on
which notice is provided under paragraph (1), unless Congress
enacts a joint resolution of disapproval in accordance with
paragraph (4).
``(3) Requests for information.--Upon request by the
Chairman or Ranking Member of a congressional committee
described in paragraph (1), the head of an agency shall
promptly furnish a summary of factors considered in
determining that the foreign government satisfies the
requirements of this section.
``(4) Congressional review.--
``(A) Joint resolution defined.--In this paragraph, the
term `joint resolution' means only a joint resolution--
``(i) introduced during the 180-day period described in
paragraph (2);
``(ii) which does not have a preamble;
``(iii) the title of which is as follows: `Joint resolution
disapproving the executive agreement signed by the United
States and __.', the blank space being appropriately filled
in; and
``(iv) the matter after the resolving clause of which is as
follows: `That Congress disapproves the executive agreement
governing access by ___ to certain electronic data as
submitted by the Attorney General on ___', the blank spaces
being appropriately filled in.
``(B) Joint resolution enacted.--Notwithstanding any other
provision of this section, if not later than 180 days after
the date on which notice is provided to Congress under
paragraph (1), there is enacted into law a joint resolution
disapproving of an executive agreement under this section,
the executive agreement shall not enter into force.
``(C) Introduction.--During the 180-day period described in
subparagraph (B), a joint resolution of disapproval may be
introduced--
``(i) in the House of Representatives, by the majority
leader or the minority leader; and
``(ii) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or the
minority leader's designee).
``(5) Floor consideration in house of representatives.--If
a committee of the House of Representatives to which a joint
resolution of disapproval has been referred has not reported
the joint resolution within 120 days after the date of
referral, that committee shall be discharged from further
consideration of the joint resolution.
``(6) Consideration in the senate.--
``(A) Committee referral.--A joint resolution of
disapproval introduced in the Senate shall be referred
jointly--
``(i) to the Committee on the Judiciary; and
``(ii) to the Committee on Foreign Relations.
``(B) Reporting and discharge.--If a committee to which a
joint resolution of disapproval was referred has not reported
the joint resolution within 120 days after the date of
referral of the joint resolution, that committee shall be
discharged from further consideration of the joint resolution
and the joint resolution shall be placed on the appropriate
calendar.
``(C) Proceeding to consideration.--It is in order at any
time after both the Committee on the Judiciary and the
Committee on Foreign Relations report a joint resolution of
disapproval to the Senate or have been discharged from
consideration of such a joint resolution (even though a
previous motion to the same effect has been disagreed to) to
move to proceed to the consideration of the joint resolution,
and all points of order against the joint resolution (and
against consideration of the joint resolution) are
[[Page H2016]]
waived. The motion is not debatable or subject to a motion to
postpone. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order.
``(D) Consideration in the senate.--In the Senate,
consideration of the joint resolution, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally
between those favoring and those opposing the joint
resolution. A motion further to limit debate is in order and
not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or
a motion to recommit the joint resolution is not in order.
``(E) Consideration of veto messages.--Debate in the Senate
of any veto message with respect to a joint resolution of
disapproval, including all debatable motions and appeals in
connection with the joint resolution, shall be limited to 10
hours, to be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
``(7) Rules relating to senate and house of
representatives.--
``(A) Treatment of senate joint resolution in house.--In
the House of Representatives, the following procedures shall
apply to a joint resolution of disapproval received from the
Senate (unless the House has already passed a joint
resolution relating to the same proposed action):
``(i) The joint resolution shall be referred to the
appropriate committees.
``(ii) If a committee to which a joint resolution has been
referred has not reported the joint resolution within 7 days
after the date of referral, that committee shall be
discharged from further consideration of the joint
resolution.
``(iii) Beginning on the third legislative day after each
committee to which a joint resolution has been referred
reports the joint resolution to the House or has been
discharged from further consideration thereof, it shall be in
order to move to proceed to consider the joint resolution in
the House. All points of order against the motion are waived.
Such a motion shall not be in order after the House has
disposed of a motion to proceed on the joint resolution. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
``(iv) The joint resolution shall be considered as read.
All points of order against the joint resolution and against
its consideration are waived. The previous question shall be
considered as ordered on the joint resolution to final
passage without intervening motion except 2 hours of debate
equally divided and controlled by the sponsor of the joint
resolution (or a designee) and an opponent. A motion to
reconsider the vote on passage of the joint resolution shall
not be in order.
``(B) Treatment of house joint resolution in senate.--
``(i) If, before the passage by the Senate of a joint
resolution of disapproval, the Senate receives an identical
joint resolution from the House of Representatives, the
following procedures shall apply:
``(I) That joint resolution shall not be referred to a
committee.
``(II) With respect to that joint resolution--
``(aa) the procedure in the Senate shall be the same as if
no joint resolution had been received from the House of
Representatives; but
``(bb) the vote on passage shall be on the joint resolution
from the House of Representatives.
``(ii) If, following passage of a joint resolution of
disapproval in the Senate, the Senate receives an identical
joint resolution from the House of Representatives, that
joint resolution shall be placed on the appropriate Senate
calendar.
``(iii) If a joint resolution of disapproval is received
from the House, and no companion joint resolution has been
introduced in the Senate, the Senate procedures under this
subsection shall apply to the House joint resolution.
``(C) Application to revenue measures.--The provisions of
this paragraph shall not apply in the House of
Representatives to a joint resolution of disapproval that is
a revenue measure.
``(8) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
``(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
and supersedes other rules only to the extent that it is
inconsistent with such rules; and
``(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``(e) Renewal of Determination.--
``(1) In general.--The Attorney General, with the
concurrence of the Secretary of State, shall review and may
renew a determination under subsection (b) every 5 years.
``(2) Report.--Upon renewing a determination under
subsection (b), the Attorney General shall file a report with
the Committee on the Judiciary and the Committee on Foreign
Relations of the Senate and the Committee on the Judiciary
and the Committee on Foreign Affairs of the House of
Representatives describing--
``(A) the reasons for the renewal;
``(B) any substantive changes to the agreement or to the
relevant laws or procedures of the foreign government since
the original determination or, in the case of a second or
subsequent renewal, since the last renewal; and
``(C) how the agreement has been implemented and what
problems or controversies, if any, have arisen as a result of
the agreement or its implementation.
``(3) Nonrenewal.--If a determination is not renewed under
paragraph (1), the agreement shall no longer be considered to
satisfy the requirements of this section.
``(f) Revisions to Agreement.--A revision to an agreement
under this section shall be treated as a new agreement for
purposes of this section and shall be subject to the
certification requirement under subsection (b), and to the
procedures under subsection (d), except that for purposes of
a revision to an agreement--
``(1) the applicable time period under paragraphs (2),
(4)(A)(i), (4)(B), and (4)(C) of subsection (d) shall be 90
days after the date notice is provided under subsection
(d)(1); and
``(2) the applicable time period under paragraphs (5) and
(6)(B) of subsection (d) shall be 60 days after the date
notice is provided under subsection (d)(1).
``(g) Publication.--Any determination or certification
under subsection (b) regarding an executive agreement under
this section, including any termination or renewal of such an
agreement, shall be published in the Federal Register as soon
as is reasonably practicable.
``(h) Minimization Procedures.--A United States authority
that receives the content of a communication described in
subsection (b)(4)(H) from a foreign government in accordance
with an executive agreement under this section shall use
procedures that, to the maximum extent possible, meet the
definition of minimization procedures in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801) to appropriately protect nonpublicly available
information concerning United States persons.''.
(b) Table of Sections Amendment.--The table of sections for
chapter 119 of title 18, United States Code, is amended by
inserting after the item relating to section 2522 the
following:
``2523. Executive agreements on access to data by foreign
governments.''.
SEC. 106. RULE OF CONSTRUCTION.
Nothing in this division, or the amendments made by this
division, shall be construed to preclude any foreign
authority from obtaining assistance in a criminal
investigation or prosecution pursuant to section 3512 of
title 18, United States Code, section 1782 of title 28,
United States Code, or as otherwise provided by law.
The SPEAKER pro tempore. Pursuant to House Resolution 796, the motion
shall be debatable for 1 hour equally divided and controlled by the
chair and ranking minority member of the Committee on Appropriations.
The gentleman from New Jersey (Mr. Frelinghuysen) and the gentlewoman
from New York (Mrs. Lowey) each will control 30 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield myself such time as I may
consume.
I rise today to present House amendment to Senate amendment to H.R.
1625, the final appropriations package for fiscal year 2018. This
legislation contains full funding for all the 12 annual appropriations
bills. It represents thousands of hours of work and input by Members of
Congress and our great staff.
Starting 1 year ago with 12 appropriations bills moving through the
committee process last spring, these bills were then considered and
passed on the House floor under a transparent and inclusive process.
This represents the first time the House has passed all 12 bills before
the end of the fiscal year since 2010.
After the bipartisan budget deal was enacted last month,
appropriations committee leadership, House and Senate leadership on
both sides of the aisle, and the White House quickly went to work,
negotiating in good faith and in the best interest of the American
people.
The bill we are considering today is a product of that hard-fought
agreement. In total, the legislation provides $1.3 trillion in
discretionary funding for the Federal Government, including $78.1
billion for the global war on terror and overseas contingency
operations. This meets the caps provided in the recent budget
agreement. Most importantly, Mr. Speaker, it includes historic
investments in our Armed Forces, including the largest year-to-year
increase in
[[Page H2017]]
funding for the Department of Defense since the beginning of the war on
terror.
It fully funds the 2.4 pay increase for our servicemen and -women,
the largest in 8 years, and provides the largest dollar total ever for
the Department of Veterans Affairs.
In addition to strengthening our national defense, this legislation
boosts security here at home: stronger border infrastructure,
additional boots on the ground, and better technology and equipment
that will close the gaps at our borders. Specifically, this includes
more than $1.5 billion for physical barriers and associated technology
along the southwest border.
Overall, funding for border security and law enforcement is increased
by over 30 percent above last year. Funding is also focused on critical
domestic priorities, addressing urgent needs that will improve the
quality of life for all Americans and support economic growth and job
creation, especially infrastructure, providing more than $21.2 billion
in new funding for transportation infrastructure, as well as energy and
water infrastructure, and technology like broadband and cybersecurity.
This passage also targets approximately $84 billion to fight the
opioid epidemic that is devastating families across the country--the
largest investment in addressing this public health issue and emergency
to date. Funding is also directed towards school safety, providing the
training and mental health services and grants to communities that will
help prevent the kind of tragedy and heartbreak that occurred recently
in Florida, and it provides robust funding for wildlife firefighting
prevention programs, and includes long-sought forest management and
fire budgeting reforms that will provide for budget security certainty
and improve the health of our forests.
All these investments are made responsibly, implementing strong
oversight at every level of government to ensure we get the most out of
every dollar. Consequently, Mr. Speaker, I hope that every Member
supports this package.
{time} 1115
Mr. Speaker, before I close, I would like to acknowledge the many
people who helped bring this bill to the floor: to Mrs. Lowey, my
counterpart, the ranking member, thank you for your support and
friendship; the 12 committee chairs and their ranking members for the
hard work that they did over the last 12 months; the Appropriations
Committee staff, all true professionals, some behind me, some across
the floor, some in the galleries, for putting in countless hours and
sleepless nights to help us bring this bill to the floor within a few
weeks of the cap deal.
In particular, Mr. Speaker, I would like to recognize our staff team
led by our very able staff director, Nancy Fox; assisting her, Maureen
Holohan, Stephen Sepp, Shannon O'Keefe, Jennifer Hing, Jason Gray,
Marta Hernandez, Tammy Hughes, Rachel Kahler, Parker VanDeWater, and
Tom Doelp.
On the minority side, Shalanda Young and Chris Bigelow.
Special thanks to our remarkable and amazing clerks, Tom O'Brien,
John Martens, Jennifer Miller, Angie Giancarlo, Dena Baron, Donna
Shahbaz, Dave LesStrang, Susan Ross, Jenny Panone, Sue Quantius, Craig
Higgins, and Doug Disrud.
I would also like to recognize the work of Kevin Linskey, Surveys and
Investigations, Jim Cahill, and Cathy Little.
I would also like to recognize those on our staff who are moving or
retiring: Matt Dennis, Chris Romig, and Carol Murphy.
And thank you to my own personal staff back in the Rayburn building,
ably led by Kate Hazlett.
Mr. Speaker, it is time that we fully fund the Federal Government for
fiscal year 2018. Our current continuing resolution expires tomorrow.
It is in the best interests of the American people that we get this
work done this morning.
Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Consolidated Appropriations Act repudiates the
abysmal Trump budget, investing robustly in critical priorities like
childcare, transportation infrastructure, national security, election
protection, medical research, opioid abuse prevention and treatment,
veterans' health services, and much more. These investments are key to
strong families and communities, job creation, and economic growth.
This bill rejects scores of divisive poison pill riders targeting
women's health, clean air and water, worker rights, consumer financial
protections, health insurance, and other critical priorities.
In addition, I am pleased the omnibus includes language clarifying
that the CDC has the authority to conduct research on the causes of gun
violence.
Within the State and Foreign Operations division, this omnibus
invests in stronger and more stable communities around the world,
alleviating poverty and disease and strengthening democratic political
systems. These investments in diplomacy and development are critical to
our national security.
I am pleased this final product rejects onerous policy riders like
the global gag rule.
These responsible investments and policies signal to the world that,
despite an erratic President, the United States remains a world leader.
To be clear, this omnibus is not a perfect product. I strongly object
to the majority's fixation on walling off our southern border and
building capacity to arrest and detain immigrants. While the bill
rejects the administration demands for a border wall, a large
deportation force, and more detention beds, the amount provided is
nonetheless a waste of money and contrary to our national character.
Before I conclude, I would like to thank Chairman Frelinghuysen for
his partnership and all the members of the committee for their
contributions.
I would also like to thank the minority, majority, and personal
office staffs who worked so very hard, particularly Shalanda Young and
Chris Bigelow and Richard Meltzer.
I also want to thank the committee's minority outstanding
communications director, Matt Dennis, who is departing the House next
month. He has served this institution for nearly 15 years at the
Appropriations Committee in my personal office and in former
Congressman Rush Holt's office. We will really miss his dedicated
service.
I want to make sure I thank the majority staff, Nancy Fox and her
team, because there was real cooperation between the majority and the
minority.
Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 3 minutes to the gentleman
from Kentucky (Mr. Rogers), chairman of the State, Foreign Operations,
and Related Programs Subcommittee.
Mr. ROGERS of Kentucky. Mr. Speaker, I thank the chairman for
yielding me time.
Mr. Speaker, despite his laudable efforts to complete all fiscal year
2018 House bills on time, the perpetual stalemate on unrelated matters
left us with this undesirable choice of several continuing resolutions.
Piecemeal funding of government is universally harmful, but now we
have a chance to get back on track and finalize funding for fiscal year
2018.
Mr. Speaker, there is a reason why we have a rule against legislating
on appropriations bills, and yet here we are. The only holdback that
kept us from getting these bills done on time was the fact that a lot
of people--some, even, in leadership--who want to load onto this must-
pass bill legislation that is controversial. Yet our committee has to
cope with an unsatisfactory arrangement.
Protecting American interests around the globe through military
readiness and diplomacy is not a luxury in this hostile environment. It
is a responsibility. This bill provides the necessary resources to
fulfill that responsibility.
It upholds our commitments to key strategic partners and allies such
as Israel, Jordan, Egypt, and Ukraine. The bill also will assist other
partners to fight terrorism, secure borders, resist aggression, and
stabilize communities affected by conflict.
We also uphold our longstanding commitment as Americans to help those
displaced by conflict or natural disaster or who are facing famine.
Today's bill will also fight back against the scourge of opioid abuse
and
[[Page H2018]]
help reignite the economy of coal country. Like Operation UNITE, in my
Kentucky district, the Federal Government has taken a holistic approach
to tackle the complex opioid problem. The agreement provides historic
levels of funding for law enforcement, treatment, prevention, recovery,
and research. Only when these elements all work in concert will we
truly be able to turn the tide and save lives.
In addition, after struggling under the war on coal, it is time to
turn a new page in central Appalachia. This bill will give us more
tools to strengthen economic development in that region.
First, the agreement invests in cutting-edge technologies to ensure
coal remains a significant part of our energy portfolio, both here at
home and abroad. There is also continued support for the Abandoned Mine
Land pilot program.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield an additional 15 seconds to
the gentleman from Kentucky.
Mr. ROGERS of Kentucky. This support for the AML pilot program allows
us to clean up abandoned mines and repurpose them to create jobs.
Finally, I am proud that this agreement includes legislation that I
helped introduce, the STOP School Violence Act, which aims to curb the
epidemic of violence in our schools. This is a significant step forward
in our effort to protect our children from senseless tragedy.
Mr. Speaker, I urge a ``yes'' vote.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Ohio (Ms. Kaptur), the ranking member of the Energy and Water
Development, and Related Agencies Subcommittee.
Ms. KAPTUR. Mr. Speaker, I thank the ranking member for yielding me
time and for her incredible work on this bill, and also the chairman of
the full committee, Chairman Frelinghuysen.
Mr. Speaker, I rise in support of this bipartisan agreement before us
and want to thank, again, Chairman Frelinghuysen and Ranking Member
Lowey and our able committee staff on both sides for their tireless
effort to slog this across the finish line after five false starts.
It is utterly ridiculous that nearly halfway into the fiscal year
that began last October 2017 we finally arrived at the brink of
completion of our top priority: funding the operations of the
Government of the United States from the Defense Department to
children's health.
Republicans control both Chambers of Congress as well as the White
House, yet the delays and dysfunction have been worse than ever.
Americans around our country can't extend deadline after deadline after
deadline after deadline after deadline in their jobs. We should live up
to those same standards.
In my title, the Energy and Water Development bill, we make progress
by bringing forward America's backlogged construction projects, which
number into the billions of dollars, making many important investments
for our Nation's infrastructure, including: a 13 percent increase for
the Army Corps of Engineers over 2017, which will allow for more
critical waterways projects to drive our economy and job creation; and
an 11 percent increase to the Office of Energy Efficiency and Renewable
Energy to finally move toward complete energy independence for our
country, including through the weatherization program, which has
increased, as well as an additional 15 percent to invent our energy
future through our most advanced energy technology programs, ARPA-E.
Additionally, we removed a harmful rider on the waters of the U.S.
rule, which, along with others, would have seriously hindered overall
passage.
This deal busts through budget caps set in 2011 by $143 billion, or
13 percent. And although I support investment in our military, the
balance between defense and our domestic priorities is skewed in the
wrong direction.
In Ohio, we are at the epicenter of the opioid epidemic, with more
than 5,000 drug estimated overdose deaths in the last 12 months alone.
We rank second in the Nation for deaths per capita.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman from Ohio.
Ms. KAPTUR. Mr. Speaker, although I support the inclusion of a $2.7
billion increase for opioid prevention, treatment, and recovery, this
funding only nibbles at the edge of the problem. This is a national
crisis. It must be reflected in a real plan to meet the crisis,
including funding priorities. No matter how many fighters or tanks we
have, America will not be strong abroad if vast segments of our own
population are dying here at home--more than in traffic accidents, more
than from major diseases--from opioid and drug abuse.
This bill is a fair compromise, and I urge my colleagues to vote
``yes,'' despite some of the major provisions that are not in there
that break our hearts.
The American people are counting on us to run our Nation's ship of
State. Let's do that today.
General Leave
Mr. FRELINGHUYSEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on the House amendment to
the Senate amendment to H.R. 1625, and that I may include tabular
material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Alabama (Mr. Aderholt), the chairman of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Subcommittee.
Mr. ADERHOLT. Mr. Speaker, I would also like to echo a few of the
comments Members have already heard this morning.
The Appropriations subcommittees have, indeed, spent many months and
countless hours in developing a bill that really and truly invests in
our critical national needs, and that is from defense to rural
infrastructure to major health crises, such as opioids.
Mr. Speaker, as chairman of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Subcommittee on
Appropriations, let me add that this division of the bill has solid
wins for agriculture, for the food sector, for the healthcare
community, and for rural America.
Members from rural districts with agriculture constituents, like I
have down in Alabama, can be proud of the many accomplishments that are
included in this bill. We are restoring funding and greatly adding to
the needed infrastructure upgrades.
This bill also provides necessary relief for American farmers and
ranchers, who continued to experience a significant reduction in income
over the past few years.
{time} 1130
This bill today contains a downpayment on ensuring that rural America
is not left behind. The rural development account in this bill today
contains $625 million of commitment to expanding rural broadband in an
effort to close the rural digital divide for the 23 million Americans--
more than 40 percent of all Americans--who do not have access to
broadband.
In addition to broadband, the bill invests in water and wastewater
needs for our rural constituents. The bill provides a total of $3
billion in loan authorizations and $1 billion in grants--an increase of
$500 million over last year--to provide clean and reliable water
resources in rural America.
In closing, it has been said here this morning that there are a lot
of concerns about how we have moved forward in this process and a lot
of matters that have been added to the bill. But it is my hope that we,
as we move forward, can take a different approach to the bills we are
preparing as we look forward to the new fiscal year. But this is the
process that we have today, and the simple fact remains that we have to
fund the Federal Government. We have to do it, and we have to do it
today.
In closing, I ask my colleagues to support this bill as we rebuild
America's defenses and provide vital health and safety needs to all
Americans.
Mrs. LOWEY. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Connecticut (Ms. DeLauro), who is the ranking member of the Labor-HHS
Subcommittee.
[[Page H2019]]
Ms. DeLAURO. Mr. Speaker, the omnibus funding bill for 2018 makes
important investments in health, education, and job programs. It
rejects many of the damaging ideological riders that marked earlier
efforts in this appropriations process. In a time when the Trump
administration is seeking massive cuts in funding, senseless
eliminations of critical programs, and the fundamental hollowing out of
our Federal agencies, we fought to include critical investments in
Democratic priorities that boost the middle class.
For health, it is an increase of $3 billion for the National
Institutes of Health research, including an increase of more than 50
percent to develop a universal flu vaccine. There is an increase of
more than $3 billion for opioids, including funding to support
treatment and prevention, prescription drug monitoring programs,
behavioral health workforce training programs, and so much more.
We secured increases for our country's youngest children and their
families, including an historic increase of $2.4 billion for childcare
and $610 million for Head Start. In education, we include public school
education formula grants that help students learn and keep them safe,
including title 1, Student Support and Academic Enrichment, afterschool
and special education. We do not advance the radical agenda of taking
money from public schools through private school vouchers. I am
thrilled that we have helped to make college more affordable by
increasing the maximum Pell grant and other campus-based financial aid.
We achieved an important victory for workers. The deal prohibits
employers from pocketing workers' tips, including taking tips to pay
managers and supervisors; and workers will have the right to sue to get
back their stolen tips regardless of whether they were paid the full
minimum wage or not.
We held the line. We kept out the poison pill riders that would harm
women's access to healthcare and riders that negatively impact the
Department of Labor's ability to protect workers.
This omnibus ignores shortsighted cuts that are proposed by the Trump
administration and instead increases funding for priorities that touch
people's lives.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 3 minutes to the gentlewoman
from Texas (Ms. Granger), who is the chairman of the Defense
Subcommittee.
Ms. GRANGER. Mr. Speaker, Congress' number one responsibility is to
provide for the defense of this Nation, and this agreement enables us
to fulfill that most fundamental constitutional duty.
This bill reflects the needs of our defense and intelligence experts
so that they have the resources needed to combat the threats of today
and in the future. In order to do this, this bill focuses on readiness,
modernization, and innovation. With these funds, our military can begin
to rebuild after 16 years of war. The needs are great.
We also include a 2.4 percent pay raise authorized for our troops
with our appreciation for what they do.
For procurement, the bill increases investment in ground vehicles,
aircraft, ships, munitions, and other equipment. Secretary Mattis has
said he never wants our enemies to face a fair fight, and this bill
ensures our enemies will face a strong and ready U.S. military.
It makes investments in vital aircraft, including Joint Strike
Fighters, Super Hornets, Apaches, Chinooks, Lakotas, V-22 Ospreys,
Black Hawks, and C-130s. For the Navy, it funds 14 Navy ships,
including one carrier replacement, three littoral combat ships, two
guided missiles destroyers, two attack submarines, and funding to
continue the Ohio Replacement Submarine program.
The National Guard is critical to our national security. This
agreement provides six C-130 aircraft, 20 Black Hawk helicopters, and
funding for the Army National Guard for support on the southwest
border, additional funding for Army National Guard cyber protection
teams, and $1.3 billion for the National Guard and Reserve equipment
account.
Our military must be ready for future threats. The Department of
Defense must look 5, 10, and 20 years ahead to make sure we have the
weapons systems we need. That is why this agreement also prioritizes
research and development, including next generation space systems and
future ballistic missile defense programs.
Last, after talking with Secretary Mattis, we included new
flexibility for DOD to ensure that their funds were able to be spent in
the smartest way possible while still maintaining stringent
congressional oversight.
Mrs. LOWEY. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Minnesota (Ms. McCollum), who is the ranking member of the Interior,
Environment, and Related Agencies Subcommittee.
Ms. McCOLLUM. Mr. Speaker, I rise today in strong support of the
omnibus appropriations act. While this is not the bill I would have
written, nonetheless, it is a significant victory for Minnesotans and
Americans.
By investing in critical priorities like education, election
integrity, housing, infrastructure, public safety, opioid abuse
prevention and treatment, and veterans' healthcare, this legislation
keeps Minnesota and our entire country safe, strong, and moving
forward.
As ranking member of the Interior, Environment, and Related Agencies
Subcommittee, my focus has been on protecting the environment,
upholding our commitments to Native Americans, and preserving our
natural resources and cultural treasures.
We added new resources to address the maintenance backlog at our
national parks, support the Smithsonian Institution, and increase
funding for the National Endowment for the Arts and the Humanities.
Importantly, we have removed many Republican riders that attacked
endangered species, undermined environmental safeguards, and
jeopardized public health.
In addition, this bill ensures that the Federal Government will treat
wildfires as the natural disasters they are and stop the ridiculous
practice of forcing the Forest Service and the Department of the
Interior to borrow from other priorities to pay for wildfire
suppression.
I appreciate the hard work of all my colleagues, but especially Mr.
Simpson in forging this bipartisan compromise.
Mr. Speaker, the omnibus represents a major accomplishment on behalf
of the American people. I thank Ranking Member Lowey. I thank Chairman
Frelinghuysen and Chairman Calvert and all of our staff, both
Democratic and Republican, for their hard work on this legislation.
Mr. Speaker, I urge my colleagues to join me in voting for this
bipartisan bill.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Idaho (Mr. Simpson), who is the chairman of the Energy and Water
Development, and Related Agencies Subcommittee.
Mr. SIMPSON. Mr. Speaker, I would like to first thank my ranking
member, Marcy Kaptur, for her efforts and input as we have worked
through this bill over the past year and developed and completed the
final fiscal year 2018 Energy and Water Development and Related
Agencies Appropriations bill. I would also like to acknowledge the work
of our Senate partners, Lamar Alexander and Dianne Feinstein.
I rise today in support of the fiscal year 2018 omnibus
appropriations bill. It was negotiated in a bipartisan manner, but the
end result has a strong emphasis on Republican priorities. Within the
Energy and Water Development division specifically, those priorities
include national security and infrastructure.
Funding for DOE's nuclear weapons security programs is at $14.7
billion, an increase of $1.7 billion above last year and $738 million
above the budget request. These funds will ensure the reliability and
effectiveness of our nuclear weapons stockpile and will address a
backlog of deferred maintenance at aging nuclear weapons facilities.
The bill makes targeted investments to protect our Nation's energy
infrastructure against cyber and other attacks, including an increase
of $18 million above last year's level for research and development
activities to strengthen the security of our electric grid.
In total, the Energy and Water Development bill increases funding for
energy and water resources infrastructure by $1.5 billion above fiscal
year 2017. That includes an increase of almost $800 million for the
Army Corps
[[Page H2020]]
of Engineers to address pressing needs at our ports and waterways and
to increase public safety through flood and storm damage reduction
activities. The bill exceeds the annual target for harbor maintenance
trust fund activities by providing $1.4 billion--which represents 94
percent of the estimated annual revenues, compared to the WRRDA 2014
target of 74 percent.
The Bureau of Reclamation is funded at $1.47 billion, including $134
million for water storage projects authorized under the WIIN Act, $55
million for additional water conservation and delivery projects, and
$66.5 million above the budget request for rural water projects.
The bill provides strong support for basic science research, with
total funding of $6.26 billion for the Department of Energy's Office of
Science, an increase of $868 million above last year. Nuclear energy
and fossil energy are also increased above last year, with $188 million
and $59 million respectively.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield the gentleman from Idaho an
additional 15 seconds.
Mr. SIMPSON. Mr. Speaker, these research and development activities
will advance the Nation's goal of an all-of-the-above energy solution
and energy independence. I encourage my colleagues to support this.
I would also like to take just a second to thank my colleague,
Chairman Calvert, for his work on the wildfire funding fix, a bill that
I have been working on since 2013, and which Congressman Schrader and I
have introduced for the last 3 years. The Interior, Environment, and
Related Agencies Subcommittee and their staff have done a fantastic job
of getting it in there. This is very important to the West.
Mr. Speaker, I urge my colleagues to support this bill.
Mrs. LOWEY. Mr. Speaker, I yield 3 minutes to the gentlewoman from
California (Ms. Lee), who is a senior member of the Appropriations
Committee.
Ms. LEE. Mr. Speaker, first of all, let me thank our ranking member
for yielding, but also for her tireless work day and night to really
help shape this bill to be, in many ways, a bipartisan bill.
Also, I thank all of our ranking members. The input that they
received from all of us and our staff and the phenomenal work that they
have done has just been amazing in spite of the circumstances. So I
just have to thank them and Leader Pelosi for all of their very
diligent work.
Almost 6 months after the deadline, though, for the fiscal year 2018
appropriations bill, this 2,232-page omnibus was released late last
night. Now, less than 24 hours later, we are about to vote on a bill
that really no one has had the time to read. I don't know who in this
body has read this bill. We would have had to read 100 pages per hour
to get through this bill.
Does anybody here read that fast, 100 pages per hour?
What kind of informed decisions are we making with this last-minute
rush for a vote?
This is no way, Mr. Speaker, to run a government.
However, yes, this omnibus has some really good provisions in it. It
eliminates hundreds of poison pill riders ranging from efforts to
defund Planned Parenthood to dismantling of critical labor and consumer
protections. I am very grateful for that.
Many good provisions include a new competitive grant which we have
been working on for years for computer science funding for young girls
and people of color. We include increases in job training, education,
and family relief, as well as for Historically Black Colleges and
Universities. My State has the highest number of students coming to
HBCUs; so I am very grateful for those increases.
Even with these increases, Mr. Speaker, the omnibus bill still falls
so far short of what we need to just return to the funding levels
before the sequester 8 years ago. Adjusted for inflation, we are still
way below the 2010 levels for domestic spending. What is worse, while
underfunding our needs here at home, this bill includes an increase in
$80 billion in defense. This includes the overseas contingency fund
which really is a slush fund for the Pentagon to fund these wars off-
budget.
We know that the Pentagon doesn't need this excessive increase in
funding to ensure our national security.
{time} 1145
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman from California.
Ms. LEE. A Washington Post report in 2016 exposed a report detailing
$125 billion in waste, fraud, and abuse. Yet we are increasing this by
$80 billion; not to mention that much of this funding is dedicated to
continuing the endless wars that we are waging around the world; wars
that, I might add, Congress has still not debated, voted on, or
authorized.
Put simply, the defense spending will be the single largest increase
for the Pentagon since the beginning of the Bush so-called war on
terror.
What is worse, this bill also fails to protect our young Dreamers who
are still stuck in limbo. DACA recipients are American in every way,
except on paper.
When are we going to vote to protect our young people, Mr. Speaker?
It is time to put politics aside and pass a clean Dream Act
immediately.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Texas (Mr. Culberson), the chairman of the Commerce, Justice,
Science, and Related Agencies Subcommittee.
Mr. CULBERSON. Mr. Speaker, I rise in strong support of this critical
appropriations bill to ensure that our military has the resources they
need to protect us abroad and that our law enforcement agencies have
the resources they need to protect us here at home.
This legislation makes sure that the U.S. Attorneys, DEA, ATF, U.S.
Marshals Service, and the FBI are getting the money they need to make
our communities safer by investigating and prosecuting more gun and
immigration criminals, human traffickers, dealers in opioids and other
dangerous drugs, international criminal organizations, and gangs. This
bill will make this Nation safer and help secure our borders.
This bill will also provide funds for over 100 additional immigration
judge teams to speed up their removal of people who are in the country
illegally.
The bill provides new resources for State and local law enforcement,
Mr. Speaker, including a $300 million increase in grants to help
address the terrible opioid epidemic in this country, and increases to
help protect women against violence, protect our schools and ensure the
safety of our children, relieve the backlog of sexual assault kits,
fight human trafficking, and help compensate States for housing illegal
aliens in their prisons and jails.
The American space program is the best on Earth, and this legislation
ensures it will continue to be the best on Earth, with funding for our
human and planetary space program. In fact, the journal, Science, today
reports that this legislation has given a major boost to science across
the board. We have made sure the National Science Foundation preserves
its competitive edge with a $300 million increase for research grants.
These funds will foster innovation and U.S. economic competitive,
including funding for research on advanced manufacturing, physics,
mathematics, cybersecurity, and neuroscience.
Mr. Speaker, this bill deserves the support of all Members, and I
urge a ``yes'' vote.
Mrs. LOWEY. Mr. Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Cuellar).
Mr. CUELLAR. Mr. Speaker, I thank the gentlewoman for yielding.
Mr. Speaker, I want to thank the ranking member, Mrs. Lowey, for her
leadership, along with Chairman Frelinghuysen, for many months of
working together in a bipartisan way. I certainly want to thank both of
them for the hard work that they have done.
I want to thank the appropriators, Democrats and Republicans, working
together. Certainly, I want to thank the committee staff on both sides
who have worked so hard to make sure we get this bill together. I know
this is not a perfect bill. But, again, we got together, we negotiated,
and this is the bill that we have got under the system, working
together.
This bill, first of all, funds our military's and veterans' needs.
This bill
[[Page H2021]]
provides over $21.2 billion for infrastructure projects across the
Nation.
This bill addresses the opioid epidemic and also puts in increases
for the Office of National Drug Control Policy and other programs to
make sure that we fight the drug issues that we have.
It adds extra money for the COPS program, which is important for our
men and women in blue. It also adds 100 new immigration judges to
address the issue of the backlog for the immigration cases that we
have.
It adds 10 percent of new moneys for Community Development Block
Grant programs, which is, again, very important to all communities,
urban and rural areas.
It starts to address the issue of school safety and gun violence by
providing the funds for safety programs. It also includes the Fix NICS
Act program, which is something that my friend, John Culberson, and
Senator John Cornyn worked on for a long time.
It provides $1.6 billion for community health centers to provide
healthcare. It also provides money for Pell grants to make sure people
are able to go to college. I want to thank my good friends, Tom Cole
and Rosa DeLauro, for putting those dollars in for the Pell grants.
It also provides technology for border security and ports of entry.
Again, we want to make sure we provide a balanced approach for border
security.
Again, I know this bill is not perfect. If we are waiting for
perfection, we are never going to get there. But, again, we were able
to sit down, we were able to negotiate, and we were able to get a good
bill that provides a lot of the basic services that we have.
As Members of Congress, we have a responsibility. That responsibility
is to make sure that our government stays open. I have always said that
terrorists are not able to close our government, but somehow Congress
finds a way to close our government. We are not going to do that.
Mr. Speaker, I urge Members to support this appropriations bill.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Texas (Mr. Carter), chairman of the Homeland Security
Subcommittee.
Mr. CARTER of Texas. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise in support of this legislation.
The Homeland Security division of this bill contains $47.7 billion to
fund the Department of Homeland Security.
This bill provides strong funding to help Americans recover when
disaster hits; ensures the security of our air, land, and sea borders;
and protects our local communities from outside threats.
This bill provides more than 90 miles of barrier fencing, to include
33 miles of new fencing in the Rio Grande Valley. It includes $284
million for inspection equipment to combat drug trafficking, to include
$71 million to specifically target opioid detection. It sustains ICE
detention activities and provides additional funding to hire more
agents.
It funds the vessels and aircraft our Coast Guard needs to protect
our coastline. It also fully funds activities to combat cyber attacks.
Mr. Speaker, this last year has been a tough year for Texans, who
suffered from our most ruthless hurricane season. I saw the devastation
firsthand. This bill will go a long way to help those folks and their
homes.
This bill includes $7.9 billion for FEMA to continue to respond to
this and future disasters, and $249 million for grants to prevent
future storms from causing damage like this again.
I would like to thank very much my colleague, Ms. Lucille Roybal-
Allard, the ranking member on my committee. She is a dream to work
with, and we are great partners in this process. I would also like to
thank the majority and minority staffs for their hard work on this
bill.
Mr. Speaker, as I conclude, I would like to take a moment to say
farewell and thanks to a member of our Homeland Security Subcommittee
team.
Christopher Romig is leaving our committee at the end of April, after
30 years of service to our Nation. He spent 27 of those years in our
great Army as a helicopter pilot. He brought his military background to
our Homeland Security Subcommittee team, and we benefited from his
experience and sharp mind for the past 3 years. Now we wish him well on
his next adventure.
I also would like to take a minute to thank the FBI and the ATF for
the great work they have done in the central Texas area for the person
we call the Austin bomber.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 3 minutes to the gentleman
from California (Mr. Calvert), the chairman of the Interior,
Environment, and Related Agencies Subcommittee.
Mr. CALVERT. Mr. Speaker, I rise today in strong support of the 2018
Consolidated Appropriations Act.
This agreement continues the subcommittee's critical work addressing
wildland fire, domestic energy production, and the needs of our
national parks. It makes significant investments in healthcare, law
enforcement, and educational programs, honoring our longstanding
commitments to American Indians and Alaska Natives.
The agreement includes a package of significant forest management and
fire budgeting reforms that will provide budget certainty for Forest
Service programs and activities, reduce litigation, and, most
importantly, improve the health of our national forests. This is the
culmination of a years-long effort to improve the way we budget for
wildland fires and the way our national forests are managed. I want to
congratulate Mike Simpson for his leadership on the issue.
This agreement provides additional moneys to the National Park
Service, including an increase of $185 million to address deferred
maintenance and construction needs. The Payments in Lieu of Taxes
program is fully funded.
This legislation makes sizeable investments in water infrastructure,
providing $2.9 billion through the Clean Water and Drinking Water State
Revolving Loan Funds, as well as $63 million for the WIFIA program,
which will finance over $6 billion in infrastructure programs.
Before I close, I want to thank the ranking member, Betty McCollum
from Minnesota. She has been a partner and a friend as we worked
through our hearings, wrote the bill, and moved it through the
legislative process.
I want to thank Chairman Frelinghuysen for his support of the
Interior, Environment, and Related Agencies Subcommittee, and for his
leadership of the full committee. Congratulations to the chairman for
bringing this bill and this process to a successful conclusion.
Finally, I would like to thank the staff, who worked so hard on this
bill: Darren Benjamin, Betsy Bina, Jackie Kilroy, Kristin Richmond,
Dave LesStrang. On my own staff: Ian Foley, Rebecca Keightley, Tricia
Evans, and Dave Kennett.
I also want to thank the leadership staff, especially Kiel Weaver
from the Speaker's office, for their hard work.
Mr. Speaker, I urge an ``aye'' vote.
Mrs. LOWEY. Mr. Speaker, I yield 4 minutes to the gentleman from
Maryland (Mr. Hoyer), the distinguished Democratic whip.
Mr. HOYER. Mr. Speaker, not a single person has read this bill. It
was filed at 8 o'clock last night. If we had put this on the floor, not
a single one of those on the other side of the aisle would have voted
for it. Not one.
They have demagogued for years about reading the bills. This doesn't
come close to their 3-day layover rule. Not close. It is being rushed
through because some have fundraisers, perhaps, this weekend, or have
flights or codels they want to go on. We have wasted 6 months in
passing the appropriations bills, which, supposedly, should have been
passed by September 30 of last year.
No one can be proud of this process. The Speaker said, when we set
the caps, that he would bring a bill to the floor. He promised the 73
of us that made it possible to set these caps--because you don't have
the votes on your side--that he would bring to this floor a fix for the
Dreamers who are at risk of being kicked out of the country. I know
there is a case, but it is short-term, not permanent. The Speaker did
not keep that promise. It has not been on the floor.
What we now have on the floor is an appropriations bill. I think most
of us know what is in this appropriations bill. These are earmarks. You
don't call them earmarks. You call them authorizing language. They are
bills that
[[Page H2022]]
nobody in the Appropriations Committee has read. If you have, stand up
and correct me. As I said, nobody has read that either.
This is report language. Come to the well if you have read this
language.
{time} 1200
None of you--none of you--would support this process if we had
offered it.
Now, the good news is that what the Appropriations Committee has done
is quality work; and I congratulate Mrs. Lowey, Mr. Frelinghuysen, the
subcommittee chairs, and the ranking members. It is worthy of support.
But I am waiting for all the Tea Party people who harangued me and
others on my side about reading the bills, giving us sufficient time to
consider them. The Speaker of the House said, when he became Speaker:
We will take issues one at a time.
Is there no shame?
Is there no realization of the hypocrisy that is being displayed?
Mr. Speaker, the product is a good one. And I say that about the
appropriations bill. I have no idea what all the report language says.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mrs. LOWEY. Mr. Speaker, I yield the gentleman from Maryland an
additional 1 minute.
Mr. HOYER. Mr. Speaker, I thank the Speaker, and I thank Mrs. Lowey.
Mr. Speaker, we brought this country from the brink of depression to
a growing, robust economy with a stock market that has almost tripled
by passing the National Recovery and Reinvestment Act. Not a single
Republican voted for that, Mr. Speaker. Not one. I wonder how many will
vote for this bill after they have said time after time, after time,
after time: Read the bill; have 3 days' layover.
Actually, your 3-day rule is a 24-hour-and-2-second rule: the last
second of the first day, 24 hours of the second day, and the first
second of the third day. You put everybody in a quandary because this
is a good product that the Appropriations Committee has delivered. It
does good things for our country, both in terms of national security
and in terms of domestic investment.
What a sad state of affairs. How dysfunctional this body has become.
How marginalized has the Appropriations Committee, on which I was so
proud to serve, has become. Rushing it through in just a matter of
minutes. It is a sad day, Mr. Speaker.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield 2 minutes to the gentleman
from Oklahoma (Mr. Cole), chairman of the Labor, Health and Human
Services, Education, Related Agencies Subcommittee.
Mr. COLE. Mr. Speaker, I thank my good friend, the chairman, for
yielding.
Mr. Speaker, I have a formal statement I will include in the Record,
but I want to begin by praising Chairman Frelinghuysen; Ranking Member
Nita Lowey; the staff; my negotiating counterpart and wonderful ranking
member, Ms. DeLauro. It has been a collaborative effort, and it is one
that you can be extraordinarily proud of in terms of having gotten all
our bills done on time and presented and across this floor, having
worked on a pretty short time frame when the Senate finally came to the
ability to negotiate. We were waiting about 180 days for that. They
finally got there. And in 4 weeks, you got the work done. It is an
exceptional product.
From a Republican standpoint, the big win is defense. We all want to
defend the country, but that was probably the top Republican priority
in the bill, and we more than met our obligation in that respect.
I want to focus, in the little time I have left, on some things I am
particularly proud of in the Labor, Health and Human Services,
Education, and Related Agencies portion of this legislation:
$3 billion increase in the National Institutes of Health. That is the
largest increase in 20 years.
$3 billion for opioids, a common problem in all our districts,
something that we all care about.
$3 billion, roughly, in round numbers, for early childhood education
and early childhood care. Again, dollars well spent.
Major increase in mental health funding, actually beginning to match
appropriations with some of the authorization done in the 21st Century
Cures, one of the great achievements of the last Congress.
Tremendous increase in money for school safety grants, from $400
million to $1.1 billion.
The Pell increase, which has been referred to by several people.
More money for career and technical education, more money for
apprenticeships. All things that will create a more productive economy.
We can go on and on. But the reality is, in a very difficult time, in
a very partisan era, we will have Members from both sides of the aisle
passing an important piece of legislation and the administration, which
has urged its passing, doing the same. I urge the passage.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the Democratic leader.
Ms. PELOSI. Mr. Speaker, I thank our distinguished ranking member of
the Appropriations Committee for yielding this time, but, more
importantly, for exceptional leadership. To her and to the other
members of the committee, Mr. Frelinghuysen, I thank them for their
leadership as well. And to the chairs and ranking members of the
subcommittee, all the members of the Appropriations Committee, Mr.
Hoyer and I and Mr. Clyburn are from the culture of the Appropriations
Committee, and we know that, left to your own devices, the
appropriators can get the job done.
It is not until the leadership rains its poison pills on the process
that the delay sets in. And I want to thank Congresswoman Ranking
Member Lowey for ridding this bill of so many of those poison pills.
Mr. Hoyer very eloquently presented the situation as we see it now
that the Republicans have this bill. They didn't even have three days.
It was last night to today, and here we are on the floor with a yard--a
yard--of bill. And he said they are rushing because people have codels,
trips, fundraisers, and this and that.
I contend there may be another reason why they are rushing it
through. First of all, they don't want anybody to know what is in the
bill, because this is a tremendous victory for the American people in
terms of what Mrs. Lowey was able to negotiate, in a bipartisan way, on
the domestic side. We all take an oath to protect and defend our
country, so the defense investments are important to our Nation; but
one-third of the domestic budget is security: homeland security,
veterans affairs, State Department, antiterrorism activities of the
Justice Department, and the list goes on.
But it is also a fact that we can measure the strength of our country
not only in the important military might and security measures but also
in the health, education, and well-being of the American people; and
this bill goes to a place for that.
So yes, a yard of bill, certainly not read or read to the Members.
But I contend, in addition to Mr. Hoyer's list of why they are rushing
this to the end instead of having this negotiation take place much
earlier, it is because they really don't want the Members to see what
is in this bill, A; and, B, because they really want to get out of town
before the March for Our Lives, before the young people come from all
over the country to ask Congress to give us responsible, commonsense
gun violence prevention legislation. That is what I heard about the
Republicans: they just don't want to be around when these young people
come to town.
So here we are. We could have had this happen weeks ago and had a
much more transparent way to deal with it. But having said that, we are
here, and I think it is very important to set the record straight on
some of the contentions that the Republicans are making about this
bill.
Let me start with the President of the United States. He has said, in
one of his tweets this morning, how happy he was because he got the
$1.6 billion to start the wall and more to come. That is not completely
true, Mr. President. There are some resources for fencing and repairs
and the rest there, but some of that money is for technology and other
ways to protect our borders. We all have a responsibility to protect
our borders, north and south. But if you want to think that you are
getting a wall, you just think it and sign the bill.
[[Page H2023]]
In addition, he said he is so pleased that he got this big increase
in defense. We did not oppose that. We want to have our men and women
in uniform have everything they need to keep our country safe and
themselves safe. But the President went on to say it is too bad he had
to waste money on the Democratic giveaways. On the Democratic
giveaways.
``Democratic giveaway'' is the way the President characterizes
funding for our heroic veterans facing a dire shortfall at the VA. We
say on the battlefield, no soldier is left behind. When they come home,
no veteran is left behind. And that was part of the fight that we had
in the caps fight, that we wanted additional money for our veterans.
What about fighting the opioid epidemic? Is that wasteful, a
giveaway, fighting the opioid epidemic, in your districts? There isn't
a person who serves in this Congress who doesn't have need in their
districts for this opioid funding. And that was a major part of our
fight on the caps, to get the funding to fight opioids; but the
President calls that a waste, a Democratic giveaway.
Is that what he would call--he probably would call protecting the
integrity of American elections from Russian meddling and attack
Democratic giveaways, protecting our democracy, our electoral system,
our Constitution that we take an oath of office to protect and defend.
And how about for hardworking parents who struggle to succeed and
afford quality childcare, a very important part of this legislation.
Democratic giveaway? No. Family values. Supporting our families. The
list goes on and on. And by the way, by the foot. By the foot.
Mr. Hoyer referenced a statement made by the Speaker on the floor of
the House when we had the caps fight, which, by the way, was a glorious
victory for our values as a country, that we could say, yes, we want to
increase funding for our national security, and, in doing that, we need
to have a commensurate increase in funding for our domestic agenda, as
I said, which contains many security measures.
But when that bill was brought to the floor, the Speaker came to the
floor, and he made a statement, right here in the well. Well, Steny
quoted what he said in the well, but in another venue he said: In order
to shift our focus and get on to the next big priority, which is a DACA
solution, we have got to get this budget agreement done.
That was the caps bill.
And I will say it once, Mr. Speaker said, and I will say it again, we
will bring a DACA solution to the floor.
Yes. And when will that be?
Now, you will hear rumors of them saying: Oh, we offered this and we
offered that. They did not offer anything that added to the protection
of our Dreamers and our DACA-qualified children. So I want the Record
to show the facts are these: We proposed, over and over again, a real
fix that we should have in this bill because it is timely. And if you
are dealing with a yard of issues and provisions, you certainly can
have room for protecting our Dreamers. And that is just an indication.
Now, to lead is to take risks. The Speaker does not seem willing to
take a risk with his caucus to bring a bill to the floor, any bill you
want, in terms of including some bipartisan bills. Mr. Hurd and Mr.
Aguilar, Ms. Ros-Lehtinen and Ms. Roybal-Allard, any other bill you
want. Make it clean at the Hill. Let everyone have his or her say. Let
Congress work its will.
Why? Why not? And why, in light of this statement, ``And I'll say it
once, and I'll say it again, we will bring a DACA solution to the
floor''?
When might that be? When might that be?
So again, while we address so many provisions in this bill, wasn't
there room in the hearts and minds of our Republican colleagues to
insist? Because I know many of you care about our Dreamers, have
publicly offered your support. Why can't you convince the Speaker to
bring what he said, ``We will bring a DACA solution to the floor''?
So again, I go back to the caps agreement. It was a great victory for
us in the appropriations world as to what priorities need to be
addressed. As we always say, the budget should be a statement of our
national values; what is important to us as a nation should be
reflected in how we allocate our resources to invest in the security of
our country, the well-being of our people, the future of our children,
and to do so in a way that commands respect, that is bipartisan, that
is done in an open and transparent way, and brings unity.
{time} 1215
Our Founders, who were so brilliant in so many ways, were taking 8
hours to even start to talk about how brilliant they were.
But they did give us instruction. They gave us a signal: E Pluribus
Unum--from many, one; from many, one. They couldn't possibly have
imagined how many we would be or how different we would be, but they
knew we had to be one.
And these children, and everyone in our country, these Dreamers are
part of that one, and they are part of that many, and let us treat our
country by honoring the vows of our Founders.
So I leave it up to Members as to whether they want to vote, weigh
the equities in this bill and take the vote and respect whatever
decision they make. But I am so glad that we had such an overwhelming
vote on our side against a rule that undermines the regular order of
the House, undermines the Speaker's own statements about that regular
order.
Why?
In an attempt to keep from all of you how much investment in the
future is in this bill and also to get you out of town before the March
for Our Lives begins. That is why I think we are doing this so rushed.
I don't know why it has been pushed to the end except for dysfunction
on the part of the Republican leadership, whatever, if it's called
communication with the White House.
But I will say this: This is five CRs. Are you proud of that? Five
CRs. Take us to the floor with a yard-high bill, no transparency. But
it does have some bipartisanship, and for that I salute Mr.
Frelinghuysen and Mrs. Lowey and respect whatever decisions our Members
make on this. This is a missed opportunity to show the American people
that, even when we are on the right course, we can't seem to get there
in a transparent way.
I say, Mr. President, when you sign this bill, you will be signing
something--in spite of what you say about spending on wasteful
Democratic funding, I don't really think you mean that about opioids
and the rest. Set the record straight for yourself and out of respect
for the people who are pinning their hopes on what this legislation
will do for them.
The SPEAKER pro tempore. Members are reminded to address their
remarks to the Chair and not to a perceived audience or to other
Members.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 2 minutes to
the gentleman from Florida (Mr. Diaz-Balart), chairman of the
Subcommittee on Transportation, Housing and Urban Development, and
Related Agencies Subcommittee.
Mr. DIAZ-BALART. Mr. Speaker, today we will vote on a bill that
rebuilds our military. It supports our troops and protects the American
people.
Major credit for this great achievement goes to the man that I am so
proud to call my chairman, Rodney Frelinghuysen. Chairman Frelinghuysen
has been a public servant since the days that he served in Vietnam as
an enlisted soldier, and that service continues to this day with this
bill, which includes the most significant support for our women and men
in uniform since the beginning of the war on terrorism.
Let me tell you two other things that are in this bill for the
American people due to the chairman's leadership.
The bill includes over $10 billion in new transportation and housing
infrastructure, without adding to the Federal bureaucracy. The chairman
fought for major funding for key areas of our economy, yes, including
the Northeast. This is a major investment in our Nation's
infrastructure.
Both Congress and the administration, as you know, have been talking
about this for such a long time. Well, here you have it in this bill.
This bill delivers on that promise of infrastructure.
Finally, the chairman has been a tireless advocate for two decades
for
[[Page H2024]]
housing for the disabled in our country. This bill delivers a major
humanitarian victory for the disabled community, with 40,000 new
vouchers for the disabled. These Frelinghuysen vouchers will change the
lives of countless families across our entire Nation, and I am
particularly proud of this achievement by our chairman and his
committee.
Finally, I would like to thank the Speaker of the House for standing
up and winning on some huge priorities for the House.
And I would be remiss if I did not mention the staff of the
Appropriations Committee, who worked long and hard--yes, very long and
hard--on this bill.
Mr. Chairman, I urge a ``yes'' vote on this fine bill. I thank the
chairman for the time.
Mrs. LOWEY. Mr. Speaker, I am pleased to yield 1 minute to the
gentlewoman from Texas (Ms. Jackson Lee).
(Ms. JACKSON LEE asked and was given permission to revise and extend
her remarks.)
Ms. JACKSON LEE. Mr. Speaker, let me thank the gentlewoman from New
York. I can't thank her enough as I watched her, every day, work
without ending, thank her so very much. And to Chairman Frelinghuysen,
let me thank him as well for his service.
But I am very grateful to Democrats who crafted the very funding
structure that we are dealing with. And even though it was hidden with
Republicans, this gigantic box that is almost broken, I think it is
important to note that a lot of good work has taken place, and I want
to just cite the good work.
I am delighted that we are helping our veterans, and Democrats added
an additional amount of money, some $2 billion, to address the VA
hospitals. Democrats were concerned about student loans, and the bill
increases it by $350 million. Childcare has been increased. Houston
metro will be delighted with the New Starts money that is in it; and,
yes, my mayor will be excited, and other mayors, about an accurate
Census count. For those of us with Hurricane Harvey, the National Flood
Insurance Program extension is important.
Yet I am disappointed. The work we did on STOP School Violence did
not include the civil rights protections for those who need it, and it
did not include DACA, with all of these young people who are in need.
And, finally, we could not get the special counsel language, my bill,
H.R. 3648, that would stop the President from firing the special
counsel and stop him from firing the Attorney General and the Deputy
Attorney General.
For those reasons, I have great concerns for this bill and will not
be able to vote for the bill.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 2 minutes to
the gentleman from Pennsylvania (Mr. Dent), chairman of the
Subcommittee on Military Construction, Veterans Affairs, and Related
Agencies.
Mr. DENT. Mr. Speaker, I am pleased and, I must say, relieved to
describe for my colleagues the good news in the Military Construction/
VA division in the omnibus.
At times, it seemed like we might not ever get here. I regret that
our servicemembers and veterans have had to wait almost 6 months for us
to complete our jobs, but I think our final bill is worth the wait.
I want to certainly congratulate our chairman, Mr. Frelinghuysen, for
his incredible patience and deft negotiating skill to bring us to this
point. I also want to thank Mrs. Lowey and my comrade-in-arms Ranking
Member Debbie Wasserman Schultz for her rock-solid support and keen
analytic eye during this process.
Thanks to the budget caps agreement, we are able to provide long
overdue support to our military and their family members with a $2.4
billion, or 31 percent, increase, for a total of $10.1 billion for
military construction. With that funding we are able to provide $708
million for 12 medical facilities, $249 million for DOD schools, and
$8.2 billion for military construction projects in the United States.
Our Members will appreciate that we were able to provide $585 million
in unfunded requirements requested by the services, as well as
significant increases in planning and design for Active and Reserve
construction and unspecified minor construction. The bill also includes
$750 million in OCO funding, more than doubling the 2017 level.
Our bill fulfills Congress' commitment to our Nation's veterans, with
total discretionary funding of $81.5 billion for the Department of
Veterans Affairs, a $7.1 billion, or 9.5 percent, increase over 2017.
These funds provide important medical services to veterans as well as
disability compensation, post-9/11 education benefits, and a host of
insurance and lending programs.
Of note, we are able to provide $782 million for the new electronic
health record contract, the same record as DOD's, which will allow the
exchange of veterans' health records with DOD and community providers.
In addition and consistent with the budget caps agreement, our bill
provides $2 billion in medical infrastructure assistance--nonrecurring
maintenance, minor construction, and grants for State veterans
retirement homes. The $2 billion gives us the rare opportunity to
completely eliminate the backlog of approved State home applications.
I'm also pleased that we have the resources to make an important down
payment on the Southern Expansion of Arlington National Cemetery,
extending the Cemetery's capacity to 2050.
I urge an `aye' vote on the package. Help us do right by our
servicemembers and veterans and their families who have given us so
much.
Support the bill.
Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 1 minute to the
gentlewoman from Ohio (Ms. Kaptur), the ranking member of the
Subcommittee on Energy and Water.
Ms. KAPTUR. Mr. Speaker, I thank the gentlewoman, the ranking member,
for yielding me this precious minute.
I want to augment my remarks of earlier this afternoon and thank
Jaime Shimek of our own staff who worked so very, very hard on the
Energy and Water Subcommittee, allowing this bill to move to the floor.
And then I feel compelled to rise to thank our chairman of the full
committee, Congressman Rodney Frelinghuysen, with whom I have had the
opportunity to work now for many decades and to say to him he is an
exemplary model of public service to the people of our country, a true
patriot, and someone who devoted so many hours to moving a bill to the
floor that could achieve bipartisan consensus in a very loaded
political environment.
I shall never forget, at the beginning of the Iraq war, our trip to
the Middle East, to many of the countries involved, the manner in which
he comported himself, the great counsel he gave to so many of us as a
military man himself, and the great leadership that he has provided as
chair of our Defense Subcommittee at one point and now of the full
committee. The people of New Jersey can truly celebrate his service to
our Nation as we move this bill to a final vote later today.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 1 minute to the
gentleman from Kansas (Mr. Yoder), the chairman of the Subcommittee on
the Legislative Branch.
Mr. YODER. Mr. Speaker, I thank the chairman for his work and
leadership on this bill, and I thank Ranking Member Lowey for her good
stewardship.
This is the culmination of efforts over the last year, hundreds of
meetings, oversight hearings. We have a strong final product, and we
are proud of what we have accomplished.
In my committee's Legislative Branch bill, we focused on conservative
priorities such as security, responsibility, and transparency. This
legislation, once again, rejects pay increases for Members of Congress,
which we have done every year since 2010; and further, the funding of
the House of Representatives remains 12 percent below 2010, spending
less than we spent 8 years ago.
After the vicious attack on Steve Scalise and other Members of this
body, we have enhanced Capital security with new support for Members,
staff, constituents, and visitors, with enhancements for Capitol Police
and the Sergeant at Arms.
We have expanded Wounded Warrior fellowships, creating an additional
31 spots, and we have added support for family issues like the House
Child Care Center and additional support for the Library of Congress
Visitor Experience, which is an exciting new product.
Lastly, in a strike for transparency, for the first time, all
Congressional Research Service reports will be open to
[[Page H2025]]
the public, making government more transparent and a win for our
constituents.
I want to thank my ranking member, Mr. Ryan, who is a gentleman and a
scholar, and the collaboration of all the committee members and staff
for putting this product together.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 1 minute to
the gentleman from Wisconsin (Mr. Ryan), the Speaker of the House of
Representatives.
{time} 1230
Mr. RYAN of Wisconsin. Mr. Speaker, I want to begin by thanking the
chairman and the ranking member. I also want to thank their staffs for
putting in incredibly long hours. This isn't just a weeklong process.
This has been months long in the making. So I want to thank all the
Members and staff who made this moment possible.
Mr. Speaker, this measure before us is about as critical as it gets;
it really is. It addresses the priorities that we have been discussing
in this Chamber for a long time.
We talked about the need to rebuild our military. We all agree on the
need to rebuild our military. This bill provides the largest increase
in defense spending in 15 years.
Why?
Frankly because our military has been hollowed out for many years.
We are boosting resources for training, for equipment, for
maintenance, for base operations. It means new naval ships, new
fighters, new Apache and Black Hawk helicopters. It means we are
finally building a 21st century fighting force.
We agree on the need to support our servicemembers and our veterans.
This funds the biggest pay raise for our military in 8 years.
We have men and women who are fighting for us day in, year in, year
out. I saw a woman, a lieutenant colonel, a week ago in the Army, who
has done seven combat tours. This is what the people who are
volunteering in our armed services are doing for us, and we are finally
making right by them by helping them with a pay raise.
It provides record funding for the Department of Veterans Affairs to
make sure that our veterans receive better care at better facilities.
Remember those long waiting lists?
No more. This works on that.
We agree on the urgent need to make our schools safer. This bill
includes the Fix NICS bill to improve firearm and background checks. It
includes the Stop School Violence Act, which this House passed just
last week, I think, 407-10, if I am not mistaken. It provides funding
for early intervention, mental health, school security programs. Both
are provisions that the Parkland families asked Congress to include in
this legislation. It is part of the Sandy Hook Promise.
We agree on the need to fight the opioid epidemic that is ravaging
communities across this country. Every single Member in this House has
a firsthand story on what the opioid crisis is doing to their
communities. We have got to get on top of this problem. This bill makes
critical investments in treatment and in prevention to fight this
scourge of addiction that is ravaging our country.
We agree on the need to secure our homeland. This bill expands
resources for law enforcement, for border security, for immigration
enforcement. It provides resources for 95 miles of physical barriers
along our southwest border, which actually exceeds the administration's
request.
We agree on the need to rebuild our Nation's infrastructure. It
includes funding for long overdue improvements to our highways, our
railroads, our airports, our infrastructure.
And guess what.
There are no earmarks for specific projects in this bill.
The House has worked to reform our forestry laws for years. You see
on the news these horrible forest fires that are getting more severe by
the year, and it is because we have not been able to manage our
forests. This finally has the legislation we need to help manage our
forests so we can help protect the West from these catastrophic forest
fires.
The House passed the Taylor Force Act to restrict assistance to the
Palestinian Authority unless it stops subsidizing terrorism. This bill
implements that legislation. The PA is literally making payments to the
families of suicide bombers. It is like a bonus for terrorism.
That bill is in here. All of these things are important. They are
critical things that we have all been talking about.
What brings me here to ask all of my colleagues for a ``yes'' vote is
this: What this ultimately is about is giving our military the tools
and the resources it needs to do its job.
This week, the House paused to honor two naval aviators who died in a
training crash off of Key West, the two F-18 pilots. We paused to honor
seven servicemembers lost in a helicopter crash in western Iraq last
week. That is nine of our servicemembers lost in equipment failures and
accidents last week.
We continue to lose more American personnel to training accidents and
incidents than we do to enemy fire. That is unacceptable, and it is
preventable.
Mr. Speaker, we should not wait one more day, not one more hour to go
by without giving our men and women in uniform what they have earned
and what they deserve. Give them the pay raise that they earned. Give
them the equipment and the hours of training that they need to be safe.
They are putting their lives on the line for us. Let's make sure they
put their lives on the line for us with the proper amount of training,
with the proper amount of equipment, so that we can keep our country
and our people safe.
Vote ``yes'' for our military. Vote ``yes'' for the safety and the
security of this country. Vote ``yes.''
Mrs. LOWEY. Mr. Speaker, I yield myself the balance of my time to
close.
Mr. Speaker, this isn't the bill I would have written, but I am very
proud that it provides $117 billion more than President Trump requested
in nondefense investments to grow the economy, create jobs, and help
American families.
Again, I would like to thank our distinguished chair, Chairman
Frelinghuysen, and the entire committee for its tireless work forging
this bipartisan package.
Mr. Speaker, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield myself such time as I may
consume.
Let me share my appreciation for my working relationship with Mrs.
Lowey. I thank, again, our very professional staff that is in the room
here for all their hard work.
I urge a ``yes'' vote on this bill, which supports our Armed Forces
and members of their family.
Mr. Speaker, I yield back the balance of my time.
Mr. COLE. Mr. Speaker, I rise today in support of the FY2018
Agreement that will fund our government for the remainder of the fiscal
year. The agreement is consistent with the direction given by House
Republican Leadership under the bipartisan budget deal.
Funding increases within the Labor HHS portion of the agreement, for
which I am responsible, are targeted toward key conservative priorities
that all Republicans can support:
Enhancing biomedical research,
Increasing our Nation's biodefense capabilities,
Helping states and local governments combat the opioid crisis,
Giving local schools flexible funds to respond to school safety and
other locally-generated needs,
And helping young adults and displaced workers train for and secure
new jobs in fields that will grow our economy.
At the same time, the bill holds down spending for controversial
items, such as punitive labor enforcement agencies, family planning
funds, and Washington bureaucracy.
I'm proud to say the agreement continues all existing pro-life
provisions, including the Hyde amendment prohibiting federal funding
from being used for abortions, the Dickey-Wicker amendment prohibiting
stem cell research on human embryos, and the Weldon amendment providing
conscience protection for doctors, nurses and others who do not wish to
participate in abortions.
Additionally, the agreement rejects language pushed by Democrats
which would have tied the hands of the Trump Administration and forced
the Administration to continue funding for Planned Parenthood and other
controversial family planning grantees. The Trump Administration has
already announced termination of these grants.
[[Page H2026]]
The bill includes $37 billion for the National Institutes of Health
(NIH), a $3 billion increase over FY17, which will continue progress
toward finding cures for cancer, Alzheimer's disease and other life-
shortening conditions.
The agreement includes a billion in increased funding for biodefense
activities to protect Americans from threats, both man-made and
naturally-occurring, and includes an increase of $3 billion for states,
tribes, local governments, nonprofits and faith-based groups to help
prevent, treat and stop the opioid epidemic that is damaging our
country.
The agreement maintains a longstanding provision prohibiting funds
from being used to support gun control and does not include any
dedicated funds to support gun control research.
The agreement increases funding for training in high-growth job
fields, including nursing, dentistry, primary health care and mental
health. The agreement targets programs toward veterans, young adults
and displaced workers struggling to enter new career fields, including
increasing apprenticeship programs by $50 million.
The agreement increases funding for child care vouchers and early
head start programs to enable these workers to find high quality care
for their children that will allow them to enter or return to the
workforce.
The agreement includes additional funds for adoption incentives,
meals on wheels, family caregivers support, and independent living
centers so that adults with disabilities can remain employed and in
their own homes.
The agreement includes flexible funding for mental health programs
designed by local governments and schools that will enable them to find
creative solutions to increase school safety, including a $700 million
increase, up to $1.1 billion, for a newly-authorized student support
and academic enrichment grant program. This fund can also be used by
schools for other locally-determined needs, such as teacher training,
computer programming courses, or arts programs.
The agreement includes an increase of $75 million for career and
technical education programs to help young people enter careers in
fields that do not require a four year college degree.
The agreement also increases the maximum Pell grant by $175, to a
total of $6,095, enabling college students and others returning for a
degree greater choices in a higher education program that will meet
their needs. The agreement also includes targeted increases for first-
generation students to enter and succeed in college, growing our
economy and breaking the cycle of government dependency.
Mr. Speaker, this agreement targets the funding increases approved by
House Republican Leadership toward conservative priorities that will
protect all Americans and enhance our Nation's health and economic
prosperity. I urge my colleagues to support it.
Mr. NEAL. Mr. Speaker, the House Amendment to the Senate Amendment to
H.R. 1625, showing the text of the Consolidated Appropriations Act,
2018, before the House for debate today includes tax provisions,
including technical corrections to tax legislation enacted prior to
2017. These tax technical corrections are important to provide clarity
to taxpayers and to the administration of the law. As Ways and Means
Committee Chairman and Ranking Member, Kevin Brady and I asked the
staff of the nonpartisan Joint Committee on Taxation to make available
to the public a technical explanation of the tax provisions of this
legislation. The technical explanation expresses the Committee's
understanding and legislative intent behind the tax provisions of this
legislation. It is available on the Joint Committee's website at
www.jct.gov. It is document JCX-6-18, Technical Explanation of the
Revenue Provisions of the House Amendment to the Senate Amendment to
H.R. 1625 (Rules Committee Print 115-66).
Mr. BRADY of Texas. Mr. Speaker, the House Amendment to the Senate
Amendment to H.R. 1625, showing the text of the Consolidated
Appropriations Act, 2018, before the House for debate today includes
tax provisions, including technical corrections to tax legislation
enacted prior to 2017. These tax technical corrections are important to
provide clarity to taxpayers and to the administration of the law. As
Ways and Means Committee Chairman and Ranking Member, I and Richard
Neal asked the staff of the nonpartisan Joint Committee on Taxation to
make available to the public a technical explanation of the tax
provisions of this legislation. The technical explanation expresses the
Committee's understanding and legislative intent behind the tax
provisions of this legislation. It is available on the Joint
Committee's website at www.jct.gov. It is document JCX-6-18, Technical
Explanation of the Revenue Provisions of the House Amendment to the
Senate Amendment to H.R. 1625 (Rules Committee Print 115-66).
Mr. THORNBERRY. Mr. Speaker, today I rise in support of H.R. 1625,
the ``Consolidated Appropriations Act, 2018,'' which begins to rebuild
our military. I do not agree with everything in the bill, but the
importance of repairing our planes, ships, and training overrides other
concerns.
For too long, Washington has asked our troops to do more with less,
sending them into harm's way without the training and equipment they
need to defend themselves and the country. We have added mission after
mission while we cut their funding again and again. Those decisions
have brought consequences; experts say our troops are `outranged,
outgunned, and outdated,' `treading water,' and that we are `stretching
the force to the limit.' Secretary Mattis is warning that `our
competitive edge has eroded in every domain of warfare.' We suffered
four times as many deaths to accidents and training missions last year
than we did to hostile fire. President Trump is right to insist on
rebuilding our military, and this bill begins to do just that.
A healthy economy and a robust military are mutually dependent. A
vibrant and innovative economy funds our national defense and ensures
that our technology stays ahead of our adversaries. A strong military
protects the rules-based international order that has been the
foundation of our economic growth since WWII. Unfortunately for too
many years now, funding essential to a robust defense and a healthy
economy has remained at an impasse based on political gamesmanship in
which members of both parties share blame. Our troops have become
collateral damage in this dangerous game of politics, consistently
being held hostage to the political issue of the moment. That is a
shameful practice that has to end.
Congress' work does not end when we write a check. In the months
ahead, we will ensure that the military uses these funds to begin to
rebuild quickly and efficiently. We will pursue reforms to the
Department of Defense that preserve and enhance our fighting edge. We
will continue to take a hard look at Pentagon bureaucracy as we
prioritize rebuilding strength on the front line and cutting fat in the
back office.
Beyond the benefits this bill affords to our military, I also want to
thank Chairman Calvert and Chairman Frelinghuysen for their work to
help address another issue that has affected my constituents and has
been lingering for nearly a century.
The federal government owns a small strip of land along a 116-mile
stretch of the Red River between Oklahoma and Texas. The Bureau of Land
Management (BLM) has never actively managed the small strip of federal
land, and its own estimates of how much they own have varied widely
over the years. As a result, private landowners along the River have
been unsure whether the land that they have held titles to and have
paid taxes on, in some cases for generations, will remain in their
families or be claimed by the federal government.
Earlier this year, the BLM reached a settlement agreement with
several landowners along the Red River that rescinds the incorrect spot
surveys the BLM had conducted over the last decade. It also reaffirms
that the gradient boundary survey method as mandated by the Supreme
Court is the only true, legally defensible way to determine the
ownership boundary in this contested area.
However, the settlement did not require that a gradient boundary
survey be conducted, which leaves a level of uncertainty that can cloud
the titles and threaten the value of privately owned land along the
river. It also leaves open the possibility that a future administration
may again misinterpret the Supreme Court's mandated survey methodology.
An accurate gradient boundary survey along the entire 116-mile stretch
of the Red River is the best, legally defensible way to move this issue
forward to help settle it once and for all--something this bill helps
to achieve.
With the passage of H.R. 428, the ``Red River Gradient Boundary
Survey Act,'' earlier this Congress, this body has affirmed its will
for the BLM to work with the states of Oklahoma and Texas and consult
the affected Indian tribes to help choose and direct surveyors that are
licensed and qualified to conduct official gradient boundary surveys.
With the gradient boundary survey method being unique to this area,
having the states conduct the survey is an idea that first came from
the BLM itself. Doing so will help ensure that all parties involved
will receive a fair and accurate survey.
I look forward to continuing working with Senator Cornyn and the BLM
to ensure that this century-old issue can finally be put to rest.
Private property rights are a foundational cornerstone of our economy
and of our way of life, and it is important that we push to protect
them in every way that we can.
Mr. GENE GREEN of Texas. Mr. Speaker, I rise today in support of the
Omnibus Appropriations Act of 2018. While no bill of this size is ever
truly perfect, the legislation contains a number of provisions that
support important programs that Americans rely on.
The bill invests in critical priorities like child care;
transportation and infrastructure; medical
[[Page H2027]]
research; opioid abuse; veterans' health insurance and much more.
Community Health Centers, which provide essential help all throughout
my district will receive an extra $135 million increase over last
year's total to expand addiction prevention and treatment services.
Also, children's providers will get a boost in their reimbursement
rates under the Child Care and Development Block Grant. Protecting the
health of our children should be one of our first priorities as Members
of Congress and I am glad to sec this bill do so.
That National Institute of Health will also receive a $3 billion
boost in funding, allowing new research that could lead to cures for
ailments and disease that have gone untreatable. The bill also includes
$500 million to drive the development of alternative pain medicine, so
that people may choose a pain management treatment that does not
involve the risk of opioids.
While I am disappointed that this bill does not address DACA
recipients, I will continue to push my colleagues to come together to
address this pressing issue. President Trump's campaign promise to
deport 2 to 3 million people is contrary to the values that make this
country great. Not only will his empty promise separate families, but
it'll negatively affect the future of our economic stability. Our
country depends on the hard working young men and women who are
pursuing their dreams to become doctors, engineers and members of the
Armed Forces. We are stronger as a nation when we embrace immigrants
and their contributions to our communities and shouldn't vilify them.
I am also pleased to see that the bill does not include any funding
for construction of new sections of a border wall. Texas has seven
hundred miles of border with Mexico and trade with Mexico drives much
of our economy in the region. While border security is essential, and
this bill addresses that with money for refurbishment of existing
structures and fencing, the President's proposal would simply amount to
a large waste of money.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 796, the previous question is ordered.
The question is on the motion by the gentleman from New Jersey (Mr.
Frelinghuysen).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. FRELINGHUYSEN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to concur will be followed by 5-minute votes
on:
Motions to suspend the rules with regard to H.R. 4467 and H.R. 5089;
And agreeing to the Speaker's approval of the Journal, if ordered.
The vote was taken by electronic device, and there were--yeas 256,
nays 167, not voting 7, as follows:
[Roll No. 127]
YEAS--256
Adams
Aderholt
Amodei
Arrington
Bacon
Banks (IN)
Barletta
Barr
Beatty
Bera
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Blunt Rochester
Bonamici
Bost
Brady (PA)
Brady (TX)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Carbajal
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Castor (FL)
Chabot
Cheney
Cicilline
Clay
Cleaver
Clyburn
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Cook
Cooper
Costa
Costello (PA)
Courtney
Crawford
Crist
Cuellar
Culberson
Davis (CA)
Davis, Rodney
DeFazio
Delaney
DeLauro
DelBene
Demings
Dent
Deutch
Diaz-Balart
Dingell
Donovan
Doyle, Michael F.
Duffy
Dunn
Eshoo
Estes (KS)
Esty (CT)
Evans
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foster
Foxx
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallagher
Garamendi
Gibbs
Goodlatte
Gottheimer
Gowdy
Granger
Graves (GA)
Graves (MO)
Green, Al
Green, Gene
Guthrie
Hanabusa
Handel
Harper
Hartzler
Hastings
Heck
Hensarling
Herrera Beutler
Higgins (NY)
Hill
Himes
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kildee
Kilmer
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Levin
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Luetkemeyer
Lynch
MacArthur
Marchant
Marino
Marshall
McCarthy
McCaul
McCollum
McEachin
McHenry
McKinley
McMorris Rodgers
McSally
Meehan
Meeks
Meng
Messer
Mitchell
Moolenaar
Moulton
Murphy (FL)
Nadler
Neal
Nunes
O'Halleran
O'Rourke
Olson
Palazzo
Pascrell
Paulsen
Payne
Pelosi
Perlmutter
Peters
Pittenger
Poliquin
Price (NC)
Quigley
Reichert
Rice (NY)
Richmond
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rooney, Francis
Rooney, Thomas J.
Rosen
Roskam
Ross
Royce (CA)
Ruiz
Ruppersberger
Rutherford
Ryan (OH)
Ryan (WI)
Sarbanes
Scalise
Schneider
Schrader
Scott (VA)
Scott, Austin
Scott, David
Sessions
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stivers
Taylor
Tenney
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Tonko
Trott
Tsongas
Turner
Upton
Valadao
Visclosky
Wagner
Walberg
Walden
Walorski
Walters, Mimi
Wasserman Schultz
Waters, Maxine
Welch
Wenstrup
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Young (AK)
Young (IA)
NAYS--167
Abraham
Aguilar
Allen
Amash
Babin
Barragan
Barton
Bass
Bergman
Biggs
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Boyle, Brendan F.
Brat
Brooks (AL)
Buck
Budd
Capuano
Cardenas
Castro (TX)
Chu, Judy
Clark (MA)
Clarke (NY)
Coffman
Cohen
Comer
Correa
Crowley
Curbelo (FL)
Curtis
Davidson
DeGette
Denham
DeSantis
DeSaulnier
DesJarlais
Doggett
Duncan (SC)
Duncan (TN)
Ellison
Emmer
Engel
Espaillat
Farenthold
Gaetz
Gallego
Garrett
Gianforte
Gohmert
Gomez
Gonzalez (TX)
Gosar
Graves (LA)
Griffith
Grijalva
Grothman
Gutierrez
Harris
Hice, Jody B.
Higgins (LA)
Holding
Hollingsworth
Hoyer
Huffman
Jackson Lee
Jayapal
Johnson (GA)
Johnson (LA)
Jordan
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kind
King (IA)
Labrador
LaHood
LaMalfa
Latta
Lee
Lewis (GA)
Lewis (MN)
Lieu, Ted
Lofgren
Long
Loudermilk
Love
Lowenthal
Lujan Grisham, M.
Lujan, Ben Ray
Maloney, Carolyn B.
Maloney, Sean
Massie
Mast
Matsui
McClintock
McGovern
McNerney
Meadows
Mooney (WV)
Moore
Mullin
Napolitano
Newhouse
Noem
Nolan
Norcross
Norman
Pallone
Palmer
Panetta
Pearce
Perry
Peterson
Pocan
Poe (TX)
Polis
Posey
Raskin
Ratcliffe
Reed
Renacci
Rice (SC)
Rohrabacher
Rokita
Ros-Lehtinen
Rothfus
Rouzer
Roybal-Allard
Rush
Russell
Sanchez
Sanford
Schakowsky
Schiff
Schweikert
Sensenbrenner
Serrano
Smith (MO)
Smith (WA)
Smucker
Soto
Speier
Stewart
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Titus
Torres
Vargas
Veasey
Vela
Velazquez
Walker
Watson Coleman
Weber (TX)
Webster (FL)
Westerman
Williams
Yarmuth
Yoho
Zeldin
NOT VOTING--7
Bridenstine
Cramer
Cummings
Davis, Danny
Jones
Pingree
Walz
{time} 1259
Mr. COFFMAN changed his vote from ``yea'' to ``nay.''
Mr. FLORES changed his vote from ``nay'' to ``yea.''
So the motion to concur was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________