[115th Congress Public Law 141]
[From the U.S. Government Publishing Office]
[[Page 347]]
CONSOLIDATED APPROPRIATIONS ACT, 2018
[[Page 132 STAT. 348]]
Public Law 115-141
115th Congress
An Act
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. <<NOTE: Mar. 23,
2018 - [H.R. 1625]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2018.>>
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
[[Page 132 STAT. 349]]
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 132 STAT. 350]]
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. <<NOTE: 1 USC 1 note.>> 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.
[[Page 132 STAT. 351]]
SEC. 7. <<NOTE: 2 USC 4501 note.>> 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 <<NOTE: Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2018.>> 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
[[Page 132 STAT. 352]]
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.
[[Page 132 STAT. 353]]
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.
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
[[Page 132 STAT. 354]]
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: <<NOTE: 7 USC 2254.>> 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
[[Page 132 STAT. 355]]
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.
[[Page 132 STAT. 356]]
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
[[Page 132 STAT. 357]]
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 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
[[Page 132 STAT. 358]]
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).
[[Page 132 STAT. 359]]
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
[[Page 132 STAT. 360]]
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
[[Page 132 STAT. 361]]
indicators of customer satisfaction, (b) current performance of service
level agreements or other technical metrics, (c) current performance
against a pre-established cost baseline, (d) a detailed breakdown of
current and planned spending on operational enhancements or upgrades,
and (e) an assessment of whether the investment continues to meet
business needs as intended as well as alternatives to the investment:
Provided further, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with this
account: Provided further, That funds made available to county
committees shall remain available until expended: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to close Farm Service Agency county offices: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to permanently relocate county based employees that would result in
an office with two or fewer employees without prior notification and
approval of the Committees on Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987, as amended (7 U.S.C. 5101-5106), $3,904,000.
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
[[Page 132 STAT. 362]]
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,
[[Page 132 STAT. 363]]
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
[[Page 132 STAT. 364]]
out the programs set forth in the budget for the current fiscal year for
such corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $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
[[Page 132 STAT. 365]]
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
[[Page 132 STAT. 366]]
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.
[[Page 132 STAT. 367]]
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.
[[Page 132 STAT. 368]]
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $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.
[[Page 132 STAT. 369]]
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.
[[Page 132 STAT. 370]]
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
[[Page 132 STAT. 371]]
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 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,
[[Page 132 STAT. 372]]
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
[[Page 132 STAT. 373]]
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.
[[Page 132 STAT. 374]]
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
[[Page 132 STAT. 375]]
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 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
[[Page 132 STAT. 376]]
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''.
[[Page 132 STAT. 377]]
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,
[[Page 132 STAT. 378]]
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 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.
[[Page 132 STAT. 379]]
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
[[Page 132 STAT. 380]]
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.
[[Page 132 STAT. 381]]
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:
[[Page 132 STAT. 382]]
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 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
[[Page 132 STAT. 383]]
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
[[Page 132 STAT. 384]]
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.
[[Page 132 STAT. 385]]
Sec. 717. (a) None of the funds provided by this Act, or provided by
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7
U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives approval
from the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming of such funds or the use
of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Secretary of Agriculture, the Chairman of the Commodity Futures
Trading Commission, or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming or
transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services shall notify in writing and receive approval from the
Committees on Appropriations of both Houses of Congress before
implementing any program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this Act or
specifically funded by any other Act.
[[Page 132 STAT. 386]]
(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.
[[Page 132 STAT. 387]]
Sec. 722. (a) <<NOTE: 21 USC 399i.>> 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.
[[Page 132 STAT. 388]]
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 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.
[[Page 132 STAT. 389]]
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
[[Page 132 STAT. 390]]
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
[[Page 132 STAT. 391]]
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 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.
[[Page 132 STAT. 392]]
(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.
[[Page 132 STAT. 393]]
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.
[[Page 132 STAT. 394]]
(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.).
[[Page 132 STAT. 395]]
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 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;
[[Page 132 STAT. 396]]
(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
[[Page 132 STAT. 397]]
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.
[[Page 132 STAT. 398]]
``(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 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
[[Page 132 STAT. 399]]
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
[[Page 132 STAT. 400]]
(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 <<NOTE: Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2018. Department of Commerce Appropriations Act,
2018.>> 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
[[Page 132 STAT. 401]]
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 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:
[[Page 132 STAT. 402]]
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
[[Page 132 STAT. 403]]
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
[[Page 132 STAT. 404]]
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
[[Page 132 STAT. 405]]
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 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 <<NOTE: 15 USC 1513b note.>> 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
[[Page 132 STAT. 406]]
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 <<NOTE: 15 USC 1513a note.>>
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,
[[Page 132 STAT. 407]]
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.
[[Page 132 STAT. 408]]
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 <<NOTE: 33 USC 878a note.>> requirements set forth
by section 105 of the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (Public Law 112-55), as amended by section 105
of title I of division B of Public Law 113-6, are hereby adopted by
reference and made applicable with respect to fiscal year 2018:
Provided, That the life cycle cost for the Joint Polar Satellite System
is $11,322,125,000 and the life cycle cost for the Geostationary
Operational Environmental Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the Secretary
may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms, or
organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to the
Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which initially
bears the costs of such services.
[[Page 132 STAT. 409]]
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''.
[[Page 132 STAT. 410]]
TITLE <<NOTE: Department of Justice Appropriations Act, 2018.>> 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.
[[Page 132 STAT. 411]]
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.
[[Page 132 STAT. 412]]
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, 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.
[[Page 132 STAT. 413]]
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.
[[Page 132 STAT. 414]]
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.
[[Page 132 STAT. 415]]
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 <<NOTE: 42 USC 250a.>> 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
[[Page 132 STAT. 416]]
with a fiscal agent or fiscal intermediary claims processor to determine
the amounts payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to the custody
of the Federal Prison System: Provided further, That not to exceed
$5,400 shall be available for official reception and representation
expenses: Provided further, That not to exceed $50,000,000 shall remain
available for necessary operations until September 30, 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
[[Page 132 STAT. 417]]
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,
[[Page 132 STAT. 418]]
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.
[[Page 132 STAT. 419]]
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.
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);
[[Page 132 STAT. 420]]
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
[[Page 132 STAT. 421]]
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;
[[Page 132 STAT. 422]]
(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
[[Page 132 STAT. 423]]
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;
(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
[[Page 132 STAT. 424]]
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,
[[Page 132 STAT. 425]]
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
[[Page 132 STAT. 426]]
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 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)).
[[Page 132 STAT. 427]]
(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''.
[[Page 132 STAT. 428]]
TITLE III <<NOTE: Science Appropriations Act, 2018.>>
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
[[Page 132 STAT. 429]]
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
[[Page 132 STAT. 430]]
SLS activities: Provided further, That the National Aeronautics and
Space Administration (NASA) shall provide to the Committees on
Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget profile
for an integrated 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 <<NOTE: 51 USC 20301 note.>> 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
[[Page 132 STAT. 431]]
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 <<NOTE: 51 USC 20145 note.>>
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 <<NOTE: 51 USC 30103 note.>> 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 <<NOTE: 51 USC 20144 note.>> 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.
[[Page 132 STAT. 432]]
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
[[Page 132 STAT. 433]]
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''.
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).
[[Page 132 STAT. 434]]
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
[[Page 132 STAT. 435]]
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,
[[Page 132 STAT. 436]]
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,
[[Page 132 STAT. 437]]
suspension, and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term in
OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the status
of balances of appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the quarterly
reports shall separately identify the amounts attributable to each
source year of appropriation from which the balances were derived. For
balances that are obligated, but unexpended, the quarterly reports shall
separately identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted within
30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation of
a current accounting system, the department or agency shall fulfill such
aspect to the maximum extent practicable under such accounting system
and shall identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded under
this Act resulting from, or to prevent, personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That for the Department of Commerce, this section shall also
apply to actions taken for the care and protection of loan collateral or
grant property.
Sec. 509. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to seek
the reduction or removal by any foreign country of restrictions on the
marketing of tobacco or tobacco products, except for restrictions which
are not applied equally to all tobacco or tobacco products of the same
type.
Sec. 510. Notwithstanding <<NOTE: 34 USC 20101 note.>> 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,
[[Page 132 STAT. 438]]
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
[[Page 132 STAT. 439]]
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
[[Page 132 STAT. 440]]
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in the
United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first in
the Federal Register, that the Government of Canada has implemented or
maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in the
escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 517. Notwithstanding any other provision of law, 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
[[Page 132 STAT. 441]]
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;
[[Page 132 STAT. 442]]
(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
[[Page 132 STAT. 443]]
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--
(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
[[Page 132 STAT. 444]]
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,
[[Page 132 STAT. 445]]
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 <<NOTE: 16 USC 1855.>> 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 <<NOTE: Department of Defense Appropriations Act,
2018.>> 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.
[[Page 132 STAT. 446]]
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
[[Page 132 STAT. 447]]
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 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
[[Page 132 STAT. 448]]
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
[[Page 132 STAT. 449]]
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.
[[Page 132 STAT. 450]]
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 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
[[Page 132 STAT. 451]]
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.
[[Page 132 STAT. 452]]
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.
[[Page 132 STAT. 453]]
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
[[Page 132 STAT. 454]]
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
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.
[[Page 132 STAT. 455]]
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;
[[Page 132 STAT. 456]]
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.
[[Page 132 STAT. 457]]
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
[[Page 132 STAT. 458]]
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
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,
[[Page 132 STAT. 459]]
$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.
[[Page 132 STAT. 460]]
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.
[[Page 132 STAT. 461]]
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.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $537,600,000.
[[Page 132 STAT. 462]]
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 <<NOTE: 10 USC 1584 note.>> 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
[[Page 132 STAT. 463]]
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''.
[[Page 132 STAT. 464]]
(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 <<NOTE: 10 USC 2306b note.>> 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;
[[Page 132 STAT. 465]]
(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 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
[[Page 132 STAT. 466]]
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
[[Page 132 STAT. 467]]
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.
[[Page 132 STAT. 468]]
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.
(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).
[[Page 132 STAT. 469]]
(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 <<NOTE: 10 USC 2731 note.>> 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) <<NOTE: 41 USC 8304 note.>> 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
[[Page 132 STAT. 470]]
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
[[Page 132 STAT. 471]]
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 <<NOTE: 10 USC 2484 note.>> 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 <<NOTE: 50 USC 3521 note.>> funds
appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or
any prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action programs
authorized by the President under section 503 of the National Security
Act of 1947 (50 U.S.C. 3093) shall remain available until September 30,
2019.
Sec. 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
[[Page 132 STAT. 472]]
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
[[Page 132 STAT. 473]]
(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)).
[[Page 132 STAT. 474]]
(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,
[[Page 132 STAT. 475]]
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.
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) <<NOTE: 10 USC 274 note.>> 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) <<NOTE: 50 USC 3506 note.>> 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
[[Page 132 STAT. 476]]
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
[[Page 132 STAT. 477]]
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
[[Page 132 STAT. 478]]
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).
(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
[[Page 132 STAT. 479]]
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--
[[Page 132 STAT. 480]]
(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 <<NOTE: 10 USC 2302 note.>> 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.
[[Page 132 STAT. 481]]
(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;
(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
[[Page 132 STAT. 482]]
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 <<NOTE: 10 USC 221.>> 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
[[Page 132 STAT. 483]]
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.
[[Page 132 STAT. 484]]
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 <<NOTE: 50 USC 3103 note.>> 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 132 STAT. 485]]
(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
[[Page 132 STAT. 486]]
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
[[Page 132 STAT. 487]]
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
[[Page 132 STAT. 488]]
of State and the Director of National Intelligence, determines that it
is in the vital national security interest of the United States to do
so, and certifies in writing to the congressional defense committees
that, to the best of the Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall conduct
a review of any action involving Rosoboronexport with respect to a
waiver issued by the Secretary of Defense pursuant to subsection (b),
and not later than 90 days after the date on which such a waiver is
issued by the Secretary of Defense, the Inspector General shall submit
to the congressional defense committees a report containing the results
of the review conducted with respect to such waiver.
Sec. 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) <<NOTE: 10 USC 2731 note.>> 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
[[Page 132 STAT. 489]]
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
[[Page 132 STAT. 490]]
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
[[Page 132 STAT. 491]]
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 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.
[[Page 132 STAT. 492]]
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
[[Page 132 STAT. 493]]
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.
[[Page 132 STAT. 494]]
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.
[[Page 132 STAT. 495]]
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.
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
[[Page 132 STAT. 496]]
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.
[[Page 132 STAT. 497]]
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
[[Page 132 STAT. 498]]
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; 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:
[[Page 132 STAT. 499]]
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.
[[Page 132 STAT. 500]]
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.
[[Page 132 STAT. 501]]
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
[[Page 132 STAT. 502]]
Contingency 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 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
[[Page 132 STAT. 503]]
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.
[[Page 132 STAT. 504]]
(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:
[[Page 132 STAT. 505]]
(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 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
[[Page 132 STAT. 506]]
$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.
[[Page 132 STAT. 507]]
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
[[Page 132 STAT. 508]]
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:
[[Page 132 STAT. 509]]
(1) An analysis of the adequacy of the existing legal
framework to accomplish the strategy described in subsection
(a), particularly with respect to the Authorization for Use of
Military Force (Public Law 107-40; 50 U.S.C. 1541 note) and the
Authorization for Use of Military Force Against Iraq Resolution
of 2002 (Public Law 107-243; 50 U.S.C. 1541 note).
(2) An analysis of the budgetary resources necessary to
accomplish the strategy described in subsection (a).
(c) Not later than 30 days after the date on which the President
submits to the appropriate congressional committees the report required
by subsection (a), the Secretary of State and the Secretary of Defense
shall testify at any hearing held by any of the appropriate
congressional committees on the report and to which the Secretary is
invited.
(d) In this section, the term ``appropriate congressional
committees'' means--
(1) the 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''.
[[Page 132 STAT. 510]]
DIVISION D--ENERGY <<NOTE: Energy and Water Development and Related
Agencies Appropriations Act, 2018.>> 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
[[Page 132 STAT. 511]]
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,
[[Page 132 STAT. 512]]
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, 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
[[Page 132 STAT. 513]]
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
[[Page 132 STAT. 514]]
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
[[Page 132 STAT. 515]]
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:
[[Page 132 STAT. 516]]
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 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
[[Page 132 STAT. 517]]
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
[[Page 132 STAT. 518]]
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.
[[Page 132 STAT. 519]]
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.
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
[[Page 132 STAT. 520]]
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, <<NOTE: 42 USC 6241 note.>> 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.
[[Page 132 STAT. 521]]
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.
[[Page 132 STAT. 522]]
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
[[Page 132 STAT. 523]]
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.
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
[[Page 132 STAT. 524]]
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
[[Page 132 STAT. 525]]
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
[[Page 132 STAT. 526]]
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, 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,
[[Page 132 STAT. 527]]
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 <<NOTE: 42 USC 7171
note.>> 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).
[[Page 132 STAT. 528]]
(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
[[Page 132 STAT. 529]]
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
[[Page 132 STAT. 530]]
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 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
[[Page 132 STAT. 531]]
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.
[[Page 132 STAT. 532]]
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
[[Page 132 STAT. 533]]
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.
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
[[Page 132 STAT. 534]]
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
[[Page 132 STAT. 535]]
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 <<NOTE: Financial Services and General Government
Appropriations Act, 2018. Department of the Treasury Appropriations Act,
2018.>> 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;
[[Page 132 STAT. 536]]
(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
[[Page 132 STAT. 537]]
``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 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
[[Page 132 STAT. 538]]
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.).
[[Page 132 STAT. 539]]
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
[[Page 132 STAT. 540]]
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 <<NOTE: 12 USC
4713a note.>> 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 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
[[Page 132 STAT. 541]]
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 <<NOTE: 26 USC 7801 note.>> 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: <<NOTE: 26 USC 7801 note.>> 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
[[Page 132 STAT. 542]]
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/
[[Page 132 STAT. 543]]
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.
[[Page 132 STAT. 544]]
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.
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.
[[Page 132 STAT. 545]]
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.
[[Page 132 STAT. 546]]
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2018''.
TITLE II <<NOTE: Executive Office of the President Appropriations Act,
2018.>>
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
[[Page 132 STAT. 547]]
and assess penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the interest and
penalty provisions applicable to an outstanding debt on a United States
Government claim under 31 U.S.C. 3717: Provided further, That each such
amount that is reimbursed, and any accompanying interest and charges,
shall be deposited in the Treasury as miscellaneous receipts: Provided
further, That the Executive Residence shall prepare and submit to the
Committees on Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during the
preceding fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking of
expenses related to reimbursable events within the Executive Residence
that includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $750,000, to
remain available until expended, for required maintenance, resolution of
safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,187,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $11,800,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $100,000,000, of which not to exceed
$12,800,000 shall remain available until expended
[[Page 132 STAT. 548]]
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,
[[Page 132 STAT. 549]]
or public organizations or agencies, with or without reimbursement,
$18,400,000: Provided, That <<NOTE: 21 USC 1702 note.>> 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
[[Page 132 STAT. 550]]
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.
[[Page 132 STAT. 551]]
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'', ``White
House Repair and Restoration'', ``Council of Economic Advisers'',
``National Security Council and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'', and
``Official Residence of the Vice President'', the Director of the Office
of Management and Budget (or such other officer as the President may
designate in writing), may, with advance approval of the Committees on
Appropriations of the House of Representatives and the Senate, transfer
not to exceed 10 percent of any such appropriation to any other such
appropriation, to be merged with and available for the same time and for
the same purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by more than
50 percent by such transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the Vice
President.
Sec. 202. Within 90 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate on the costs of implementing the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203). Such report shall include--
(1) the estimated mandatory and discretionary obligations of
funds through fiscal year 2019, by Federal agency and by fiscal
year, including--
(A) the estimated obligations by cost inputs such as
rent, information technology, contracts, and personnel;
(B) the methodology and data sources used to
calculate such estimated obligations; and
(C) the specific section of such Act that requires
the obligation of funds; and
(2) the estimated receipts through fiscal year 2019 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including--
(A) the methodology and data sources used to
calculate such estimated collections; and
(B) the specific section of such Act that authorizes
the collection of funds.
Sec. 203. (a) During fiscal year 2018, any Executive order or
Presidential memorandum issued or revoked by the President shall be
accompanied by a written statement from the Director of the Office of
Management and Budget on the budgetary impact, including costs,
benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
[[Page 132 STAT. 552]]
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 <<NOTE: Judiciary Appropriations Act, 2018.>>
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.
[[Page 132 STAT. 553]]
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.
[[Page 132 STAT. 554]]
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.
[[Page 132 STAT. 555]]
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 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
[[Page 132 STAT. 556]]
(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) <<NOTE: 28 USC 1871 note.>> 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 <<NOTE: District of Columbia Appropriations Act, 2018.>>
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
[[Page 132 STAT. 557]]
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
[[Page 132 STAT. 558]]
for counsel appointed in proceedings in the Family Court of the Superior
Court of the District of Columbia under chapter 23 of title 16, D.C.
Official Code, or pursuant to contractual agreements to provide guardian
ad litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments authorized
under section 21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $49,890,000, to remain available
until expended: Provided, That not more than $20,000,000 in unobligated
funds provided in this account may be transferred to and merged with
funds made available under the heading ``Federal Payment to the District
of Columbia Courts,'' to be available for the same period and purposes
as funds made available under that heading for capital improvements to
District of Columbia courthouse facilities: Provided, That funds
provided under this heading shall be administered by the Joint Committee
on Judicial Administration in the District of Columbia: Provided
further, That, notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$244,298,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, of which not to exceed $25,000 is for
dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $180,840,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include expenses relating
to the supervision of adults subject to protection orders or the
provision of services for or related to such persons; and of which
$63,458,000 shall be available to the Pretrial Services Agency:
Provided, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies:
Provided further, That amounts under this heading may be used for
programmatic incentives for defendants to successfully complete their
terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $41,829,000: Provided,
[[Page 132 STAT. 559]]
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
[[Page 132 STAT. 560]]
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
[[Page 132 STAT. 561]]
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
[[Page 132 STAT. 562]]
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 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
[[Page 132 STAT. 563]]
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.--
[[Page 132 STAT. 564]]
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
[[Page 132 STAT. 565]]
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
[[Page 132 STAT. 566]]
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)), 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.
[[Page 132 STAT. 567]]
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).
[[Page 132 STAT. 568]]
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--
[[Page 132 STAT. 569]]
(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 $1,075,677,000 is for salaries and
expenses: Provided, That not to exceed 5 percent of any
appropriation made
[[Page 132 STAT. 570]]
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.
[[Page 132 STAT. 571]]
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.
[[Page 132 STAT. 572]]
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
[[Page 132 STAT. 573]]
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) <<NOTE: 40 USC 1303 note.>> is amended--
(1) by inserting the following at the end of subparagraph
(a)(1): ``The Account shall be under the custody and control of
the Chairperson of the Board and deposits in the Account shall
remain available until expended.'';
(2) by striking subparagraph (b)(1) and inserting in lieu
thereof the following:
``(1) Establishment.--There is established in the Treasury
of the United States an account to be known as the `Public
Buildings Reform Board--Asset Proceeds and Space Management
Fund' (in this subsection referred to as the `Fund'). The Fund
shall be under the custody and control of the Administrator of
General Services and deposits in the Fund shall remain available
until expended.''.
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
[[Page 132 STAT. 574]]
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.
[[Page 132 STAT. 575]]
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
[[Page 132 STAT. 576]]
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
[[Page 132 STAT. 577]]
year 2018, accept donations of money, property, and personal services:
Provided further, That such donations, including those from prior years,
may be used for the development of publicity materials to provide
information about the White House Fellows, except that no such donations
shall be accepted for travel or reimbursement of travel expenses, or for
the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,000,000, and in addition, not to exceed $25,000,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12) as amended by Public Law 107-
304, the Whistleblower Protection Enhancement Act of 2012 (Public Law
112-199), and the Uniformed Services Employment and Reemployment Rights
Act of 1994 (Public Law 103-353), including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses, rental of
conference rooms in the District of Columbia and elsewhere, and hire of
passenger motor vehicles; $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.
[[Page 132 STAT. 578]]
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
[[Page 132 STAT. 579]]
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
[[Page 132 STAT. 580]]
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 5(g) of the
[[Page 132 STAT. 581]]
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.
[[Page 132 STAT. 582]]
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
[[Page 132 STAT. 583]]
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
[[Page 132 STAT. 584]]
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or the
Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent for
such request not more than 6 months prior to the date of such
request and during the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program established
under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title 41,
United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an officer or employee to attend and participate in any meeting
or similar function relating to the official duties of the officer or
employee when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission, or
represents a person or entity subject to regulation by such agency or
commission, unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the Securities
and Exchange Commission by this or any other Act
[[Page 132 STAT. 585]]
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
[[Page 132 STAT. 586]]
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
[[Page 132 STAT. 587]]
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) <<NOTE: 131
Stat. 376.>> 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''.
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
[[Page 132 STAT. 588]]
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 <<NOTE: 31 USC 1343 note.>> 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 <<NOTE: 5 USC 3101 note.>> 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
[[Page 132 STAT. 589]]
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 <<NOTE: 5 USC 3101 note.>> 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.
[[Page 132 STAT. 590]]
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily by
the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as provided
by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of
[[Page 132 STAT. 591]]
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
[[Page 132 STAT. 592]]
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
[[Page 132 STAT. 593]]
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.
[[Page 132 STAT. 594]]
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, 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.--
[[Page 132 STAT. 595]]
(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) <<NOTE: 5 USC 5343 note.>> 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--
[[Page 132 STAT. 596]]
(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
[[Page 132 STAT. 597]]
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) <<NOTE: 5 USC 5303 note.>> 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--
(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.
[[Page 132 STAT. 598]]
(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.
[[Page 132 STAT. 599]]
(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
[[Page 132 STAT. 600]]
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 132 STAT. 601]]
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;
[[Page 132 STAT. 602]]
(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.
[[Page 132 STAT. 603]]
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
[[Page 132 STAT. 604]]
and capital funds and such amounts, once transferred, shall retain
appropriation authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating funds
to capital funds, and such amounts, once transferred or reprogrammed,
shall retain appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so provided
herein.
Sec. 815. Except as otherwise specifically provided by law or under
this Act, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2018 from appropriations of Federal
funds made available for salaries and expenses for fiscal year 2018 in
this Act, shall remain available through September 30, 2019, for each
such account for the purposes authorized: Provided, That a request
shall be submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section 803 of this
Act.
Sec. 816. (a)(1) During fiscal year 2019, during a period in which
neither a District of Columbia continuing resolution or a regular
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.
[[Page 132 STAT. 605]]
(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 <<NOTE: Department of Homeland Security
Appropriations Act, 2018.>> 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.
[[Page 132 STAT. 606]]
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, <<NOTE: 6 USC 454 note.>> 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.
[[Page 132 STAT. 607]]
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,
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
[[Page 132 STAT. 608]]
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
[[Page 132 STAT. 609]]
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
[[Page 132 STAT. 610]]
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
[[Page 132 STAT. 611]]
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 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.
[[Page 132 STAT. 612]]
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, <<NOTE: 6 USC 211 note.>> 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
[[Page 132 STAT. 613]]
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
[[Page 132 STAT. 614]]
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 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.
[[Page 132 STAT. 615]]
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
[[Page 132 STAT. 616]]
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.
[[Page 132 STAT. 617]]
(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
[[Page 132 STAT. 618]]
wildlife, of the construction and 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.
[[Page 132 STAT. 619]]
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.
[[Page 132 STAT. 620]]
(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;
[[Page 132 STAT. 621]]
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 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
[[Page 132 STAT. 622]]
(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.
[[Page 132 STAT. 623]]
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.
[[Page 132 STAT. 624]]
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
[[Page 132 STAT. 625]]
improvements, including non-tangible assets of the Federal Law
Enforcement Training Centers.
(b) The Director of the Federal Law Enforcement Training Centers may
accept transfers to the account established by subsection (a) from
Government agencies requesting the construction of special use
facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)):
Provided, That the Federal Law Enforcement Training Centers maintain
administrative control and ownership upon completion of such facilities.
Sec. 408. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds in
the applicable established accounts, and thereafter may be accounted for
as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2018, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the President's
budget proposal for fiscal year 2018 for the Department of
Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; 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.
[[Page 132 STAT. 626]]
(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 <<NOTE: 31 USC 501 note.>> 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;
[[Page 132 STAT. 627]]
(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
[[Page 132 STAT. 628]]
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, <<NOTE: 49 USC 44901 note.>> in developing
any process to screen aviation passengers and crews for transportation
or national security purposes, the Secretary of Homeland Security shall
ensure that all such processes take into consideration such passengers'
and crews' privacy and civil liberties consistent with applicable laws,
regulations, and guidance.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland Security
to enter into any Federal contract unless such contract is entered into
in accordance with the requirements of subtitle I of title 41, United
States Code, or chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless such contract is otherwise
authorized by statute to be entered into without regard to the above
referenced statutes.
Sec. 523. (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.
[[Page 132 STAT. 629]]
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
[[Page 132 STAT. 630]]
(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--
[[Page 132 STAT. 631]]
(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;
(C) a delineation in the table for each
appropriation, adjusted as described in paragraph (2),
both by budget
[[Page 132 STAT. 632]]
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) <<NOTE: 6 USC 391 note.>> 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
[[Page 132 STAT. 633]]
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.
[[Page 132 STAT. 634]]
(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.
[[Page 132 STAT. 635]]
``(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.
``(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 <<NOTE: Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2018.>> 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
[[Page 132 STAT. 636]]
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.
[[Page 132 STAT. 637]]
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: <<NOTE: 43 USC 1735 note.>> 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:
[[Page 132 STAT. 638]]
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 (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.
[[Page 132 STAT. 639]]
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
[[Page 132 STAT. 640]]
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,
[[Page 132 STAT. 641]]
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,
[[Page 132 STAT. 642]]
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.
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,
[[Page 132 STAT. 643]]
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 <<NOTE: 43 USC 50.>> 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
[[Page 132 STAT. 644]]
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
[[Page 132 STAT. 645]]
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 <<NOTE: 30 USC 1211 note.>> 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 <<NOTE: 30 USC 1257 note.>> 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, $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
[[Page 132 STAT. 646]]
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
[[Page 132 STAT. 647]]
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:
[[Page 132 STAT. 648]]
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.
[[Page 132 STAT. 649]]
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 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
[[Page 132 STAT. 650]]
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
[[Page 132 STAT. 651]]
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 <<NOTE: 31 USC 6093 note.>> , 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, <<NOTE: 42 USC
1469b.>> 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
[[Page 132 STAT. 652]]
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 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.
[[Page 132 STAT. 653]]
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
[[Page 132 STAT. 654]]
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
[[Page 132 STAT. 655]]
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
[[Page 132 STAT. 656]]
all funds received pursuant to the two preceding provisos shall be
credited to this account, shall be available until expended, and shall
be used by the Secretary for necessary expenses of the National Indian
Program Training Center: Provided further, That the Secretary may enter
into grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price for
the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds, and
for grants and cooperative agreements, as authorized by law,
$137,757,000, to remain available until September 30, 2019; of which
$41,727,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary concurred with the claimed refund due, to pay amounts owed to
Indian allottees or tribes, or to correct prior unrecoverable erroneous
payments.
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-
[[Page 132 STAT. 657]]
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.
[[Page 132 STAT. 658]]
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.
[[Page 132 STAT. 659]]
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. <<NOTE: 16 USC 1336 note.>> Notwithstanding any other
provision of this Act, the Secretary of the Interior may enter into
multiyear cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 3903 of title 41, United
States Code (except that the 5-year term restriction in subsection (a)
shall not apply), for the long-term care and maintenance of excess wild
free roaming horses and burros by such organizations or entities on
private land. Such cooperative agreements and contracts may not exceed
10 years, subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
exhaustion of administrative review
Sec. 111. Paragraph (1) of section 122(a) of division E of Public
Law 112-74 (125 Stat. 1013) is amended by striking ``through 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:
[[Page 132 STAT. 660]]
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. <<NOTE: 16 USC 1132 note.>> (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
[[Page 132 STAT. 661]]
(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 <<NOTE: 40 USC 8903 note.>> (Modification
of the Second Division Memorial).
(2) Section 7134 <<NOTE: 16 USC 460cccc.>> (Ste. Genevieve
National Historical Park).
(b) <<NOTE: 16 USC 1132 note.>> 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.
__________
* See Endnote on 132 Stat. 1225.
---------------------------------------------------------------------------
[[Page 132 STAT. 662]]
Andrus-White Clouds Wilderness Redesignation Act) are hereby enacted
into law.
(c) <<NOTE: 1 USC 112 note.>> 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
[[Page 132 STAT. 663]]
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).
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.
[[Page 132 STAT. 664]]
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.
[[Page 132 STAT. 665]]
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
[[Page 132 STAT. 666]]
establishments: Provided further, That for fiscal year 2018,
notwithstanding any provision of the Federal Water Pollution
Control Act and regulations issued pursuant thereof, up to a
total of $2,000,000 of the funds reserved by the Administrator
for grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act:
Provided further, That for fiscal year 2018, funds reserved
under section 518(c) of such Act shall be available for grants
only to Indian tribes, as defined in section 518(h) of such Act
and former Indian reservations in Oklahoma (as determined by the
Secretary of the Interior) and Native Villages as defined in
Public Law 92-203: Provided further, That for fiscal year 2018,
notwithstanding the limitation on amounts in section 518(c) of
the Federal Water Pollution Control Act, up to a total of 2
percent of the funds appropriated, or $30,000,000, whichever is
greater, and notwithstanding the limitation on amounts in
section 1452(i) of the Safe Drinking Water Act, up to a total of
2 percent of the funds appropriated, or $20,000,000, whichever
is greater, for State Revolving Funds under such Acts may be
reserved by the Administrator for grants under section 518(c)
and section 1452(i) of such Acts: Provided further, That for
fiscal year 2018, notwithstanding the amounts specified in
section 205(c) of the Federal Water Pollution Control Act, up to
1.5 percent of the aggregate funds appropriated for the Clean
Water State Revolving Fund program under the Act less any sums
reserved under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States Virgin
Islands: Provided further, That for fiscal year 2018,
notwithstanding the limitations on amounts specified in section
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the
funds appropriated for the Drinking Water State Revolving Fund
programs under the Safe Drinking Water Act may be reserved by
the Administrator for grants made under section 1452(j) of the
Safe Drinking Water Act: Provided further, That 10 percent of
the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and 20
percent of the funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants shall be used by the State to provide additional subsidy
to eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such funds
are provided as initial financing for an eligible recipient or
to buy, refinance, or restructure the debt obligations of
eligible recipients only where such debt was incurred on or
after the date of enactment of this Act, 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
[[Page 132 STAT. 667]]
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
[[Page 132 STAT. 668]]
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, inc