    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>

    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``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 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 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. <>  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 351]]

    SEC. 7. <>  ADJUSTMENTS TO COMPENSATION.

    (a) Notwithstanding any other provision of law, no adjustment shall
    be made under section 601(a) of the Legislative Reorganization Act of
    1946 (2 U.S.C. 4501) (relating to cost of living adjustments for Members
    of Congress) during fiscal year 2018.
    (b) There is appropriated for payment to Emily Robin Minerva, heir
    of Louise McIntosh Slaughter, late a Representative from the State of
    New York, $174,000.

    DIVISION <>  A--
    AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
    RELATED AGENCIES APPROPRIATIONS ACT, 2018

    TITLE I

    AGRICULTURAL PROGRAMS

    Processing, Research and Marketing

    Office of the Secretary

    (including transfers of funds)

    For necessary expenses of the Office of the Secretary, $46,532,000,
    of which not to exceed $5,051,000 shall be available for the immediate
    Office of the Secretary; not to exceed $800,000 shall be available for
    the Office of the Assistant to the Secretary for Rural Development:
    Provided, That funds made available by this Act to an agency in the
    Rural Development mission area for salaries and expenses are available
    to fund up to one administrative support staff for the Office; not to
    exceed $1,496,000 shall be available for the Office of Homeland
    Security; not to exceed $4,711,000 shall be available for the Office of
    Partnerships and Public Engagement; not to exceed $23,105,000 shall be
    available for the Office of the Assistant Secretary for Administration,
    of which $22,301,000 shall be available for Departmental Administration
    to provide for necessary expenses for management support services to
    offices of the Department and for general administration, security,
    repairs and alterations, and other miscellaneous supplies and expenses
    not otherwise provided for and necessary for the practical and efficient
    work of the Department:  Provided further, That funds made available by
    this Act to an agency in the Administration mission area for salaries
    and expenses are available to fund up to one administrative support
    staff for the Office; not to exceed $3,869,000 shall be available for
    the Office of Assistant Secretary for Congressional Relations to carry
    out the programs funded by this Act, including programs involving
    intergovernmental affairs and liaison within the executive branch; and
    not to exceed $7,500,000 shall be available for the Office of
    Communications:  Provided further, That the Secretary of Agriculture is
    authorized to transfer funds appropriated for any office of the Office
    of the Secretary to any other office of the Office of the Secretary:
    Provided further, That no appropriation for any office shall be
    increased or decreased by more than 5 percent:  Provided further, That
    not to exceed $11,000 of the amount made available under this paragraph
    for the immediate Office of the Secretary shall be available for
    official reception and representation expenses, not otherwise

    [[Page 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 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 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: <>   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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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.

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    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 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 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 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.

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    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 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 387]]

    Sec. 722. (a) <>  There is hereby established in
    the Treasury of the United States a Working Capital Fund (the Fund) to
    be administered by the Food and Drug Administration (FDA), without
    fiscal year limitation, for the payment of salaries, travel, and other
    expenses necessary to the maintenance and operation of (1) a supply
    service for the purchase, storage, handling, issuance, packing, or
    shipping of stationery, supplies, materials, equipment, and blank forms,
    for which stocks may be maintained to meet, in whole or in part, the
    needs of the FDA and requisitions of other Government Offices, and (2)
    such other services as the Commissioner of the FDA, subject to review by
    the Secretary of Health and Human Services, determines may be performed
    more advantageously as central services. The Fund shall be reimbursed
    from applicable discretionary resources, notwithstanding any otherwise
    applicable purpose limitations, available when services are performed or
    stock furnished, or in advance, on a basis of rates which shall include
    estimated or actual charges for personal services, materials, equipment,
    information technology, and other expenses. Charges for equipment and
    information technology shall include costs associated with maintenance,
    repair, and depreciation (including improvement and replacement).

    (b) Of any discretionary resources appropriated in this Act for
    fiscal year 2018 for ``Department of Health and Human Services, Food and
    Drug Administration, Salaries and Expenses'', not to exceed $5,000,000
    of amounts available as of September 30 may be transferred to and merged
    with the Fund established under subsection (a), notwithstanding any
    otherwise applicable purpose limitations.
    (c) No amounts may be transferred pursuant to this section that are
    designated by the Congress as an emergency requirement pursuant to a
    concurrent resolution on the budget or the Balanced Budget and Emergency
    Deficit Control Act of 1985.
    Sec. 723.  Not later than 30 days after the date of enactment of
    this Act, the Secretary of Agriculture, the Commissioner of the Food and
    Drug Administration, the Chairman of the Commodity Futures Trading
    Commission, and the Chairman of the Farm Credit Administration shall
    submit to the Committees on Appropriations of both Houses of Congress a
    detailed spending plan by program, project, and activity for all the
    funds made available under this Act including appropriated user fees, as
    defined in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).
    Sec. 724.  Of the unobligated balances from amounts made available
    for the supplemental nutrition program as authorized by section 17 of
    the Child Nutrition Act of 1966 (42 U.S.C. 1786), $800,000,000 are
    hereby rescinded.
    Sec. 725.  The Secretary shall continue an intermediary loan
    packaging program based on the pilot program in effect for fiscal year
    2013 for packaging and reviewing section 502 single family direct loans.
    The Secretary shall continue agreements with current intermediary
    organizations and with additional qualified intermediary organizations.
    The Secretary shall work with these organizations to increase
    effectiveness of the section 502 single family direct loan program in
    rural communities and shall set aside and make available from the
    national reserve section 502 loans an amount necessary to support the
    work of such intermediaries and provide a priority for review of such
    loans.

    [[Page 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 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 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

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    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 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.

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    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 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 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 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 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 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 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 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 <>  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 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 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 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 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 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 <>  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 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 <>
    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 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 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 <>  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 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 410]]

    TITLE <>  II

    DEPARTMENT OF JUSTICE

    General Administration

    salaries and expenses

    For expenses necessary for the administration of the Department of
    Justice, $114,000,000, of which not to exceed $4,000,000 for security
    and construction of Department of Justice facilities shall remain
    available until expended.

    justice information sharing technology

    (including transfer of funds)

    For necessary expenses for information sharing technology, including
    planning, development, deployment and departmental direction,
    $35,000,000, to remain available until expended:  Provided, That the
    Attorney General may transfer up to $35,400,000 to this account, from
    funds available to the Department of Justice for information technology,
    to remain available until expended, for enterprise-wide information
    technology initiatives:  Provided further, That the transfer authority
    in the preceding proviso is in addition to any other transfer authority
    contained in this Act:  Provided further, That any transfer pursuant to
    the first proviso shall be treated as a reprogramming under section 505
    of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section.

    executive office for immigration review

    (including transfer of funds)

    For expenses necessary for the administration of immigration-related
    activities of the Executive Office for Immigration Review, $504,500,000,
    of which $4,000,000 shall be derived by transfer from the Executive
    Office for Immigration Review fees deposited in the ``Immigration
    Examinations Fee'' account:  Provided, That not to exceed $35,000,000 of
    the total amount made available under this heading shall remain
    available until expended.

    office of inspector general

    For necessary expenses of the Office of Inspector General,
    $97,250,000, including not to exceed $10,000 to meet unforeseen
    emergencies of a confidential character.

    United States Parole Commission

    salaries and expenses

    For necessary expenses of the United States Parole Commission as
    authorized, $13,308,000:  Provided, That, notwithstanding any other
    provision of law, upon the expiration of a term of office of a
    Commissioner, the Commissioner may continue to act until a successor has
    been appointed.

    [[Page 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 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 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 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 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 <>  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 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 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 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 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 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 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 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 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 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 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 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 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 428]]

    TITLE III <>

    SCIENCE

    Office of Science and Technology Policy

    For necessary expenses of the Office of Science and Technology
    Policy, in carrying out the purposes of the National Science and
    Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
    6601 et seq.), hire of passenger motor vehicles, and services as
    authorized by section 3109 of title 5, United States Code, not to exceed
    $2,250 for official reception and representation expenses, and rental of
    conference rooms in the District of Columbia, $5,544,000.

    National Space Council

    For necessary expenses of the National Space Council, in carrying
    out the purposes of Title V of Public Law 100-685 and Executive Order
    13803, hire of passenger motor vehicles, and services as authorized by
    section 3109 of title 5, United States Code, not to exceed $2,250 for
    official reception and representation expenses, $1,965,000:  Provided,
    That notwithstanding any other provision of law, the National Space
    Council may accept personnel support from Federal agencies, departments,
    and offices, and such Federal agencies, departments, and offices may
    detail staff without reimbursement to the National Space Council for
    purposes provided herein.

    National Aeronautics and Space Administration

    science

    For necessary expenses, not otherwise provided for, in the conduct
    and support of science research and development activities, including
    research, development, operations, support, and services; maintenance
    and repair, facility planning and design; space flight, spacecraft
    control, and communications activities; program management; personnel
    and related costs, including uniforms or allowances therefor, as
    authorized by sections 5901 and 5902 of title 5, United States Code;
    travel expenses; purchase and hire of passenger motor vehicles; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $6,221,500,000, to remain available until
    September 30, 2019:  Provided, That the formulation and development
    costs (with development cost as defined under section 30104 of title 51,
    United States Code) for the James Webb Space Telescope shall not exceed
    $8,000,000,000:  Provided further, That should the individual identified
    under subsection (c)(2)(E) of section 30104 of title 51, United States
    Code, as responsible for the James Webb Space Telescope determine that
    the development cost of the program is likely to exceed that limitation,
    the individual shall immediately notify the Administrator and the
    increase shall be treated as if it meets the 30 percent threshold
    described in subsection (f) of section 30104:  Provided further, That,
    of the amounts provided, $595,000,000 is for an orbiter and a lander to
    meet the science goals for the Jupiter Europa mission as outlined in the
    most recent planetary science decadal survey:  Provided further, That
    the National Aeronautics and Space

    [[Page 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 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 <>  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 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 <>
    proceeds from leases deposited into this account shall be available for
    a period of 5 years to the extent and in amounts as provided in annual
    appropriations Acts:  Provided further, That such proceeds referred to
    in the preceding proviso shall be available for obligation for fiscal
    year 2018 in an amount not to exceed $9,470,300:  Provided further, That
    each <>  annual budget request shall include
    an annual estimate of gross receipts and collections and proposed use of
    all funds collected pursuant to section 20145 of title 51, United States
    Code.

    office of inspector general

    For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, $39,000,000, of which
    $500,000 shall remain available until September 30, 2019.

    administrative provisions

    (including transfer of funds)

    Funds <>  for any announced prize
    otherwise authorized shall remain available, without fiscal year
    limitation, until a prize is claimed or the offer is withdrawn.

    Not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the National Aeronautics and Space
    Administration in this Act may be transferred between such
    appropriations, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 10 percent by any
    such transfers. Balances so transferred shall be merged with and
    available for the same purposes and the same time period as the
    appropriations to which transferred. Any transfer pursuant to this
    provision shall be treated as a reprogramming of funds under section 505
    of this Act and shall not be available for obligation except in
    compliance with the procedures set forth in that section.
    The spending plan required by this Act shall be provided by NASA at
    the theme, program, project and activity level. The spending plan, as
    well as any subsequent change of an amount established in that spending
    plan that meets the notification requirements of section 505 of this
    Act, shall be treated as a reprogramming under section 505 of this Act
    and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.

    [[Page 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 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 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 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 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 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 <>  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 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 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 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 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 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 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 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 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 <> after the
    enactment of this Act, the Secretary of Commerce (Secretary) shall lift
    the stay on the effective date of the final rule for the seafood import
    monitoring program published by the Secretary on December 9, 2016, (81
    Fed. Reg. 88975 et seq.) for the species described in section
    300.324(a)(3) of title 50, Code of Federal Regulations:  Provided, That
    the compliance date for the species described in section 300.324(a)(3)
    of title 50, Code of Federal Regulations, shall occur not later than
    December 31, 2018:  Provided further, That not later than December 31,
    2018, the Secretary shall establish a traceability program for United
    States inland, coastal, and marine aquaculture of shrimp and abalone
    from point of production to entry into United States commerce:  Provided
    further, That the Secretary shall promulgate such regulations as are
    necessary and appropriate to establish and implement the program:
    Provided further, That information collected pursuant to a regulation
    promulgated under this section shall be confidential and not be
    disclosed except for the information disclosed under section 401(b)(1)
    of the Magnuson-Stevens Fishery Conservation and Management Act (16
    U.S.C. 1881a(b)(1)):  Provided further, That any regulations promulgated
    under this section shall be enforced as if this section were a provision
    of the Magnuson-Stevens Fishery Conservation and Management Act (16
    U.S.C. 1801 et seq.) and the regulations were promulgated under such
    Act.

    Sec. 540.  For an additional amount for ``Department of Justice,
    State and Local Law Enforcement Activities, Office of Justice Programs,
    State and Local Law Enforcement Assistance'', $2,500,000 to keep young
    athletes safe.
    This division may be cited as the ``Commerce, Justice, Science, and
    Related Agencies Appropriations Act, 2018''.

    DIVISION C--DEPARTMENT <>  OF DEFENSE APPROPRIATIONS ACT, 2018

    TITLE I

    MILITARY PERSONNEL

    Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel (including all
    expenses thereof for organizational movements), and expenses of
    temporary duty travel between permanent duty stations, for members of
    the Army on active duty (except members of reserve components provided
    for elsewhere), cadets, and aviation cadets; for members of the Reserve
    Officers' Training Corps; and for payments pursuant to section 156 of
    Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
    Department of Defense Military Retirement Fund, $41,628,855,000.

    [[Page 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 <>  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 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 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 <>  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 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 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 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 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 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 <>  the purposes of this
    Act, the term ``congressional defense committees'' means the Armed
    Services Committee of the House of Representatives, the Armed Services
    Committee of the Senate, the Subcommittee on Defense of the Committee on
    Appropriations of the Senate, and the Subcommittee on Defense of the
    Committee on Appropriations of the House of Representatives.

    Sec. 8027.  During the current fiscal year, the Department of
    Defense may acquire the modification, depot maintenance and repair of
    aircraft, vehicles and vessels as well as the production of components
    and other Defense-related articles, through competition between
    Department of Defense depot maintenance activities and private firms:
    Provided, That the Senior Acquisition Executive of the military
    department or Defense Agency concerned, with power of delegation, shall
    certify that successful bids include comparable estimates of all direct
    and indirect costs for both public and private bids:  Provided further,
    That Office of Management and Budget Circular A-76 shall not apply to
    competitions conducted under this section.
    Sec. 8028. (a)(1) <>  If the Secretary of
    Defense, after consultation with the United States Trade Representative,
    determines that a foreign country which is party to an agreement
    described in paragraph (2) has violated the terms of the agreement by
    discriminating against certain types of products produced in the United
    States that are covered by the agreement, the Secretary of Defense shall
    rescind the Secretary's blanket waiver of the Buy American Act with
    respect to such types of products produced in that foreign country.

    (2) An agreement referred to in paragraph (1) is any reciprocal
    defense procurement memorandum of understanding, between the United
    States and a foreign country pursuant to which the Secretary

    [[Page 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 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 <>  Secretary of Defense
    shall issue regulations to prohibit the sale of any tobacco or tobacco-
    related products in military resale outlets in the United States, its
    territories and possessions at a price below the most competitive price
    in the local community:  Provided, That such regulations shall direct
    that the prices of tobacco or tobacco-related products in overseas
    military retail outlets shall be within the range of prices established
    for military retail system stores located in the United States.

    Sec. 8034. (a) During the current fiscal year, none of the
    appropriations or funds available to the Department of Defense Working
    Capital Funds shall be used for the purchase of an investment item for
    the purpose of acquiring a new inventory item for sale or anticipated
    sale during the current fiscal year or a subsequent fiscal year to
    customers of the Department of Defense Working Capital Funds if such an
    item would not have been chargeable to the Department of Defense
    Business Operations Fund during fiscal year 1994 and if the purchase of
    such an investment item would be chargeable during the current fiscal
    year to appropriations made to the Department of Defense for
    procurement.
    (b) The fiscal year 2019 budget request for the Department of
    Defense as well as all justification material and other documentation
    supporting the fiscal year 2019 Department of Defense budget shall be
    prepared and submitted to the Congress on the basis that any equipment
    which was classified as an end item and funded in a procurement
    appropriation contained in this Act shall be budgeted for in a proposed
    fiscal year 2019 procurement appropriation and not in the supply
    management business area or any other area or category of the Department
    of Defense Working Capital Funds.
    Sec. 8035.  None of the funds appropriated by this Act for programs
    of the Central Intelligence Agency shall remain available for obligation
    beyond the current fiscal year, except for funds appropriated for the
    Reserve for Contingencies, which shall remain available until September
    30, 2019:  Provided, That <>  funds
    appropriated, transferred, or otherwise credited to the Central
    Intelligence Agency Central Services Working Capital Fund during this or
    any prior or subsequent fiscal year shall remain available until
    expended:  Provided further, That any funds appropriated 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 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 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 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 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) <>  None of the funds
    available to the Department of Defense for any fiscal year for drug
    interdiction or counter-drug activities may be transferred to any other
    department or agency of the United States except as specifically
    provided in an appropriations law.

    (b) <>  None of the funds available to the
    Central Intelligence Agency for any fiscal year for drug interdiction or
    counter-drug activities may be transferred to any other department or
    agency of the United States except as specifically provided in an
    appropriations law.

    Sec. 8046.  None of the funds appropriated by this Act may be used
    for the procurement of ball and roller bearings other than those
    produced by a domestic source and of domestic origin:  Provided, That
    the Secretary of the military department responsible for such
    procurement may waive this restriction on a case-by-case basis by
    certifying in writing to the Committees on Appropriations of the House
    of Representatives and the Senate, that adequate domestic supplies are
    not available to meet Department of Defense requirements on a timely
    basis and that such an acquisition must be made in order to acquire
    capability for national security purposes:  Provided further, That this
    restriction shall not apply to the purchase of ``commercial items'', as
    defined by section 103 of title 41, United States Code, except that the
    restriction shall apply to ball or roller bearings purchased as end
    items.
    Sec. 8047.  Of the amounts appropriated for ``Working Capital Fund,
    Army'', $99,000,000 shall be available to maintain competitive rates at
    the arsenals.
    Sec. 8048.  None of the funds made available by this Act for Evolved
    Expendable Launch Vehicle service competitive procurements may be used
    unless the competitive procurements are open for award to all certified
    providers of Evolved Expendable Launch Vehicle-class systems:  Provided,
    That the award shall be made to the provider that offers the best value
    to the government.
    Sec. 8049.  In addition to the amounts appropriated or otherwise
    made available elsewhere in this Act, $44,000,000 is hereby appropriated
    to the Department of Defense:  Provided, That upon the determination of
    the Secretary of Defense that it shall serve the

    [[Page 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 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 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 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 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 <>  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 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 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 <>  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 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 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 <>  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 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 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 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 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) <>  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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 510]]

    DIVISION D--ENERGY <>  AND WATER DEVELOPMENT AND RELATED
    AGENCIES APPROPRIATIONS ACT, 2018

    TITLE I

    CORPS OF ENGINEERS--CIVIL

    DEPARTMENT OF THE ARMY

    Corps of Engineers--Civil

    The following appropriations shall be expended under the direction
    of the Secretary of the Army and the supervision of the Chief of
    Engineers for authorized civil functions of the Department of the Army
    pertaining to river and harbor, flood and storm damage reduction, shore
    protection, aquatic ecosystem restoration, and related efforts.

    investigations

    For expenses necessary where authorized by law for the collection
    and study of basic information pertaining to river and harbor, flood and
    storm damage reduction, shore protection, aquatic ecosystem restoration,
    and related needs; for surveys and detailed studies, and plans and
    specifications of proposed river and harbor, flood and storm damage
    reduction, shore protection, and aquatic ecosystem restoration projects,
    and related efforts prior to construction; for restudy of authorized
    projects; and for miscellaneous investigations, and, when authorized by
    law, surveys and detailed studies, and plans and specifications of
    projects prior to construction, $123,000,000, to remain available until
    expended:  Provided, That the Secretary shall initiate six new study
    starts during fiscal year 2018:  Provided further, That the new study
    starts shall consist of five studies where the majority of the benefits
    are derived from navigation transportation savings or from flood and
    storm damage reduction and one study where the majority of benefits are
    derived from environmental restoration:  Provided further, That the
    Secretary shall not deviate from the new starts proposed in the work
    plan, once the plan has been submitted to the Committees on
    Appropriations of both Houses of Congress.

    construction

    For expenses necessary for the construction of river and harbor,
    flood and storm damage reduction, shore protection, aquatic ecosystem
    restoration, and related projects authorized by law; for conducting
    detailed studies, and plans and specifications, of such projects
    (including those involving participation by States, local governments,
    or private groups) authorized or made eligible for selection by law (but
    such detailed studies, and plans and specifications, shall not
    constitute a commitment of the Government to construction);
    $2,085,000,000, to remain available until expended; of which such sums
    as are necessary to cover the Federal share of construction costs for
    facilities under the Dredged Material Disposal Facilities program shall
    be derived from the Harbor Maintenance Trust Fund as authorized by
    Public Law 104-303; and of which such sums as are necessary to cover
    one-half of the costs of construction, replacement, rehabilitation, and
    expansion of inland

    [[Page 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 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 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 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 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 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 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 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 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 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, <>  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 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 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 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 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 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 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 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 <>  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 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 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 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 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 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 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 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 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 <>  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 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 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 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 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 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 <>  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 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 <>  not later than 30 days after the end
    of each quarter, the Internal Revenue Service shall submit a report to
    the Committees on Appropriations of the House of Representatives and the
    Senate and the Comptroller General of the United States detailing the
    cost and schedule performance for its major information technology
    investments, including the purpose and life-cycle stages of the
    investments; the reasons for any cost and schedule variances; the risks
    of such investments and strategies the Internal Revenue Service is using
    to mitigate such risks; and the expected developmental milestones to be
    achieved and costs to be incurred in the next quarter:  Provided
    further, That the Internal Revenue Service shall include, in its budget
    justification for fiscal year 2019, a summary of cost and schedule
    performance information for its major information technology systems.

    business systems modernization

    For necessary expenses of the Internal Revenue Service's business
    systems modernization program, $110,000,000, to remain available until
    September 30, 2020, for the capital asset acquisition of information
    technology systems, including management and related contractual costs
    of said acquisitions, including related Internal Revenue Service labor
    costs, and contractual costs associated with operations authorized by 5
    U.S.C. 3109: <>   Provided, That not later than
    30 days after the end of each quarter, the Internal Revenue Service
    shall submit a report to the Committees on Appropriations of the House
    of Representatives and the Senate and the Comptroller General of the
    United States detailing the cost and schedule performance for major
    information technology investments, including the purposes and life-
    cycle stages of the investments; the reasons for any cost and schedule
    variances; the risks

    [[Page 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 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 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 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 546]]

    This title may be cited as the ``Department of the Treasury
    Appropriations Act, 2018''.

    TITLE II <>

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
    PRESIDENT

    The White House

    salaries and expenses

    For necessary expenses for the White House as authorized by law,
    including not to exceed $3,850,000 for services as authorized by 5
    U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
    U.S.C. 105, which shall be expended and accounted for as provided in
    that section; hire of passenger motor vehicles, and travel (not to
    exceed $100,000 to be expended and accounted for as provided by 3 U.S.C.
    103); and not to exceed $19,000 for official reception and
    representation expenses, to be available for allocation within the
    Executive Office of the President; and for necessary expenses of the
    Office of Policy Development, including services as authorized by 5
    U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.

    Executive Residence at the White House

    operating expenses

    For necessary expenses of the Executive Residence at the White
    House, $12,917,000, to be expended and accounted for as provided by 3
    U.S.C. 105, 109, 110, and 112-114.

    reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the
    White House, such sums as may be necessary:  Provided, That all
    reimbursable operating expenses of the Executive Residence shall be made
    in accordance with the provisions of this paragraph:  Provided further,
    That, notwithstanding any other provision of law, such amount for
    reimbursable operating expenses shall be the exclusive authority of the
    Executive Residence to incur obligations and to receive offsetting
    collections, for such expenses:  Provided further, That the Executive
    Residence shall require each person sponsoring a reimbursable political
    event to pay in advance an amount equal to the estimated cost of the
    event, and all such advance payments shall be credited to this account
    and remain available until expended:  Provided further, That the
    Executive Residence shall require the national committee of the
    political party of the President to maintain on deposit $25,000, to be
    separately accounted for and available for expenses relating to
    reimbursable political events sponsored by such committee during such
    fiscal year:  Provided further, That the Executive Residence shall
    ensure that a written notice of any amount owed for a reimbursable
    operating expense under this paragraph is submitted to the person owing
    such amount within 60 days after such expense is incurred, and that such
    amount is collected within 30 days after the submission of such notice:
    Provided further, That the Executive Residence shall charge interest

    [[Page 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 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 549]]

    or public organizations or agencies, with or without reimbursement,
    $18,400,000:  Provided, That <>  the Office is
    authorized to accept, hold, administer, and utilize gifts, both real and
    personal, public and private, without fiscal year limitation, for the
    purpose of aiding or facilitating the work of the Office.

    federal drug control programs

    high intensity drug trafficking areas program

    (including transfers of funds)

    For necessary expenses of the Office of National Drug Control
    Policy's High Intensity Drug Trafficking Areas Program, $280,000,000, to
    remain available until September 30, 2019, for drug control activities
    consistent with the approved strategy for each of the designated High
    Intensity Drug Trafficking Areas (``HIDTAs''), of which not less than 51
    percent shall be transferred to State and local entities for drug
    control activities and shall be obligated not later than 120 days after
    enactment of this Act:  Provided, That up to 49 percent may be
    transferred to Federal agencies and departments in amounts determined by
    the Director of the Office of National Drug Control Policy, of which up
    to $2,700,000 may be used for auditing services and associated
    activities:  Provided further, That, notwithstanding the requirements of
    Public Law 106-58, any unexpended funds obligated prior to fiscal year
    2016 may be used for any other approved activities of that HIDTA,
    subject to reprogramming requirements:  Provided further, That each
    HIDTA designated as of September 30, 2017, shall be funded at not less
    than the fiscal year 2017 base level, unless the Director submits to the
    Committees on Appropriations of the House of Representatives and the
    Senate justification for changes to those levels based on clearly
    articulated priorities and published Office of National Drug Control
    Policy performance measures of effectiveness:  Provided further, That
    the Director shall notify the Committees on Appropriations of the
    initial allocation of fiscal year 2018 funding among HIDTAs not later
    than 45 days after enactment of this Act, and shall notify the
    Committees of planned uses of discretionary HIDTA funding, as determined
    in consultation with the HIDTA Directors, not later than 90 days after
    enactment of this Act:  Provided further, That upon a determination that
    all or part of the funds so transferred from this appropriation are not
    necessary for the purposes provided herein and upon notification to the
    Committees on Appropriations of the House of Representatives and the
    Senate, such amounts may be transferred back to this appropriation.

    other federal drug control programs

    (including transfers of funds)

    For other drug control activities authorized by the Office of
    National Drug Control Policy Reauthorization Act of 2006 (Public Law
    109-469), $117,093,000, to remain available until expended, which shall
    be available as follows: $99,000,000 for the Drug-Free Communities
    Program, of which $2,000,000 shall be made available as directed by
    section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
    U.S.C. 1521 note); $2,000,000 for drug

    [[Page 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 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 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 <>

    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 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 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 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 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) <>  Effective Date.--The amendment made
    in subsection (a) shall take effect 45 days after the date of enactment
    of this Act.

    This title may be cited as the ``Judiciary Appropriations Act,
    2018''.

    TITLE IV <>

    DISTRICT OF COLUMBIA

    Federal Funds

    federal payment for resident tuition support

    For a Federal payment to the District of Columbia, to be deposited
    into a dedicated account, for a nationwide program to be administered by
    the Mayor, for District of Columbia resident tuition support,
    $40,000,000, to remain available until expended:  Provided, That such
    funds, including any interest accrued thereon, may be used on behalf of
    eligible District of Columbia residents to pay an amount based upon the
    difference between in-State and out-of-State tuition at public
    institutions of higher education, or to pay up to $2,500 each year at
    eligible private institutions of higher education:  Provided further,
    That the awarding of such funds may be prioritized on the basis of a
    resident's academic merit, the income and need of eligible students and
    such other factors as may be authorized:  Provided further, That the
    District of Columbia government shall maintain a dedicated account for
    the Resident Tuition Support Program that shall consist of the Federal
    funds appropriated to the Program in this Act and any subsequent
    appropriations, any unobligated balances from prior fiscal years, and
    any interest earned in this or any fiscal year:  Provided further, That
    the account shall be under the control of the District of Columbia Chief
    Financial Officer, who shall use those funds solely for the purposes of
    carrying out the Resident Tuition Support Program:  Provided further,
    That the Office of the Chief Financial Officer shall provide a quarterly
    financial report to the Committees

    [[Page 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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) <>  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 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 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 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 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 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 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 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 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 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 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 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 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 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 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) <>  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 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 <>  otherwise
    specifically provided, the maximum amount allowable during the current
    fiscal year in accordance with subsection 1343(c) of title 31, United
    States Code, for the purchase of any passenger motor vehicle (exclusive
    of buses, ambulances, law enforcement vehicles, protective vehicles, and
    undercover surveillance vehicles), is hereby fixed at $19,947 except
    station wagons for which the maximum shall be $19,997:  Provided, That
    these limits may be exceeded by not to exceed $7,250 for police-type
    vehicles:  Provided further, That the limits set forth in this section
    may not be exceeded by more than 5 percent for electric or hybrid
    vehicles purchased for demonstration under the provisions of the
    Electric and Hybrid Vehicle Research, Development, and Demonstration Act
    of 1976:  Provided further, That the limits set forth in this section
    may be exceeded by the incremental cost of clean alternative fuels
    vehicles acquired pursuant to Public Law 101-549 over the cost of
    comparable conventionally fueled vehicles:  Provided further, That the
    limits set forth in this section shall not apply to any vehicle that is
    a commercial item and which operates on alternative fuel, including but
    not limited to electric, plug-in hybrid electric, and hydrogen fuel cell
    vehicles.

    Sec. 703.  Appropriations of the executive departments and
    independent establishments for the current fiscal year available for
    expenses of travel, or for the expenses of the activity concerned, are
    hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 704.  Unless <>  otherwise specified in
    law during the current fiscal year, no part of any appropriation
    contained in this or any other Act shall be used to pay the compensation
    of any officer or employee of the Government of the United States
    (including any agency the majority of the stock of which is owned by the
    Government of the United States) whose post of duty is in the
    continental United States unless such person: (1) is a citizen of the
    United States; (2) is a person who is lawfully admitted for permanent
    residence and is seeking citizenship as outlined in 8 U.S.C.
    1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8
    U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a
    declaration of intention to become a lawful permanent resident and then
    a citizen when eligible; or (4) is a person who owes allegiance to the
    United States:  Provided, That for purposes of this section, affidavits
    signed by any such person shall be considered prima facie evidence that
    the requirements of this section with respect to his or her status are
    being complied with:  Provided further, That for purposes of subsections
    (2) and (3) such affidavits shall be submitted prior to employment and
    updated thereafter as necessary:  Provided further, That any person
    making a false affidavit shall be guilty of a felony, and upon
    conviction, shall be fined no more than $4,000 or imprisoned for not
    more than 1 year, or both:  Provided further, That the above penal
    clause shall be in addition to, and not in substitution for, any other
    provisions of existing law:  Provided further, That any payment made to
    any officer or employee contrary to the provisions of this section shall
    be recoverable in action by the Federal Government:  Provided further,
    That this section shall not apply to any person who is an officer or
    employee of the Government of the United

    [[Page 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 <>  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 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 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 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 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 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 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) <>  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 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 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) <>  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 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 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 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 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 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 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 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 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 <>  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 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, <>  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 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 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 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 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 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 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, <>  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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 <>  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 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 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, <>  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 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 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 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 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) <>  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 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 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 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 <>  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 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 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: <>   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 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 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 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 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 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 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 <>  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 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 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 <>  appropriations for the Office of
    Surface Mining Reclamation and Enforcement may provide for the travel
    and per diem expenses of State and tribal personnel attending Office of
    Surface Mining Reclamation and Enforcement sponsored training.

    In addition, for costs to review, administer, and enforce permits
    issued by the Office pursuant to section 507 of Public Law 95-87 (30
    U.S.C. 1257), $40,000, to remain available until expended:  Provided,
    That <>  fees assessed and collected by the
    Office pursuant to such section 507 shall be credited to this account as
    discretionary offsetting collections, to remain available until
    expended:  Provided further, That the sum herein appropriated from the
    general fund shall be reduced as collections are received during the
    fiscal year, so as to result in a fiscal year 2018 appropriation
    estimated at not more than $115,804,000.

    abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining
    Control and Reclamation Act of 1977, Public Law 95-87, $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 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 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 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 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 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 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 <> , That in the event the
    sums appropriated for any fiscal year for payments pursuant to this
    chapter are insufficient to make the full payments authorized by that
    chapter to all units of local government, then the payment to each local
    government shall be made proportionally:  Provided further, That the
    Secretary may make adjustments to payment to individual units of local
    government to correct for prior overpayments or underpayments:  Provided
    further, That no payment shall be made pursuant to that chapter to
    otherwise eligible units of local government if the computed amount of
    the payment is less than $100.

    Insular Affairs

    assistance to territories

    For expenses necessary for assistance to territories under the
    jurisdiction of the Department of the Interior and other jurisdictions
    identified in section 104(e) of Public Law 108-188, $96,870,000, of
    which: (1) $87,422,000 shall remain available until expended for
    territorial assistance, including general technical assistance,
    maintenance assistance, disaster assistance, coral reef initiative
    activities, and brown tree snake control and research; grants to the
    judiciary in American Samoa for compensation and expenses, as authorized
    by law (48 U.S.C. 1661(c)); grants to the Government of American Samoa,
    in addition to current local revenues, for construction and support of
    governmental functions; grants to the Government of the Virgin Islands,
    as authorized by law; grants to the Government of Guam, as authorized by
    law; and grants to the Government of the Northern Mariana Islands, as
    authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $9,448,000
    shall be available until September 30, 2019, for salaries and expenses
    of the Office of Insular Affairs:  Provided, <> That all financial transactions of the territorial and local
    governments herein provided for, including such transactions of all
    agencies or instrumentalities established or used by such governments,
    may be audited by the Government Accountability Office, at its
    discretion, in accordance with chapter 35 of title 31, United States
    Code:  Provided further, That Northern Mariana Islands Covenant grant
    funding shall be provided according to those terms of the Agreement of
    the Special Representatives on Future United States Financial Assistance
    for the Northern Mariana Islands approved by Public Law 104-134:
    Provided further, That the funds for the program of operations and
    maintenance improvement are appropriated to institutionalize routine
    operations and maintenance improvement of capital infrastructure with
    territorial participation and cost sharing to be determined by the
    Secretary based on the grantee's commitment to

    [[Page 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 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 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 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 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 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 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 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. <>   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 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. <>  (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 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 <>  (Modification
    of the Second Division Memorial).
    (2) Section 7134 <>  (Ste. Genevieve
    National Historical Park).

    (b) <>  H.R. 1281 as introduced in the
    115th Congress (A bill to extend the authorization of the Highlands
    Conservation Act) and H.R. 4134 as introduced in the 115th Congress
    (Cecil D.

    __________

    * See Endnote on 132 Stat. 1225.

    ---------------------------------------------------------------------------

    [[Page 662]]

    Andrus-White Clouds Wilderness Redesignation Act) are hereby enacted
    into law.
    (c) <>  In publishing this Act in slip form
    and in the United States Statutes at large pursuant to section 112 of
    title 1, United States Code, the Archivist of the United States shall
    include after the date of approval at the end an appendix setting forth
    the text of the sections of the bill and the bills referred to in
    subsections (a) and (b), respectively.

    mineral withdrawal subject to valid existing rights

    Sec. 122. (a) The mineral estate identified in Bureau of Land
    Management contracts number CA 20139 and CA 22901 is hereby withdrawn
    from all forms of mineral entry authority of the Secretary, subject to
    valid existing rights.

    TITLE II

    ENVIRONMENTAL PROTECTION AGENCY

    Science and Technology

    (including rescission of funds)

    For science and technology, including research and development
    activities, which shall include research and development activities
    under the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980; necessary expenses for personnel and related
    costs and travel expenses; procurement of laboratory equipment and
    supplies; and other operating expenses in support of research and
    development, $713,823,000, to remain available until September 30, 2019:
    Provided, That of the funds included under this heading, $4,100,000
    shall be for Research: National Priorities as specified in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act):  Provided further, That of
    unobligated balances from appropriations made available under this
    heading, $7,350,000 are permanently rescinded:  Provided further, That
    no amounts may be rescinded pursuant to the preceding proviso from
    amounts made available in the first proviso for Research: National
    Priorities.

    Environmental Programs and Management

    (including rescission of funds)

    For environmental programs and management, including necessary
    expenses, not otherwise provided for, for personnel and related costs
    and travel expenses; hire of passenger motor vehicles; hire,
    maintenance, and operation of aircraft; purchase of reprints; library
    memberships in societies or associations which issue publications to
    members only or at a price to members lower than to subscribers who are
    not members; administrative costs of the brownfields program under the
    Small Business Liability Relief and Brownfields Revitalization Act of
    2002; implementation of a coal combustion residual permit program under
    section 2301 of the Water and Waste Act of 2016; and not to exceed
    $19,000 for official reception and representation expenses,
    $2,643,299,000, to remain available until September 30, 2019:  Provided,
    That of the funds

    [[Page 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 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 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 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 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 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, including interagency agreements:  Provided, <>  That hereafter, notwithstanding other
    applicable provisions of law, the funds appropriated for the
    Indian Environmental General Assistance Program shall be
    available to federally recognized tribes for solid waste and
    recovered materials collection, transportation, backhaul, and
    disposal services.

    Water Infrastructure Finance and Innovation Program Account

    For the cost of direct loans and for the cost of guaranteed loans,
    as authorized by the Water Infrastructure Finance and Innovation Act of
    2014, $5,000,000, to remain available until expended:  Provided, That
    such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That these funds are available to subsidize gross
    obligations for the principal amount of direct loans, including
    capitalized interest, and total loan principal, including capitalized
    interest, any part of which is to be guaranteed, not to exceed
    $610,000,000.
    In addition, fees authorized to be collected pursuant to sections
    5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
    2014 shall be deposited in this account, to remain available until
    expended.
    In addition, for administrative expenses to carry out the direct and
    guaranteed loan programs, notwithstanding section 5033 of the Water
    Infrastructure Finance and Innovation Act of 2014, $5,000,000, to remain
    available until September 30, 2019.

    [[Page 669]]

    Administrative Provisions--Environmental Protection Agency

    (including transfers and rescission of funds)

    For fiscal year 2018, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
    the Administrator of the Environmental Protection Agency, in carrying
    out the Agency's function to implement directly Federal environmental
    programs required or authorized by law in the absence of an acceptable
    tribal program, may award cooperative agreements to federally recognized
    Indian tribes or Intertribal consortia, if authorized by their member
    tribes, to assist the Administrator in implementing Federal
    environmental programs for Indian tribes required or authorized by law,
    except that no such cooperative agreements may be awarded from funds
    designated for State financial assistance agreements.
    The Administrator of the Environmental Protection Agency is
    authorized to collect and obligate pesticide registration service fees
    in accordance with section 33 of the Federal Insecticide, Fungicide, and
    Rodenticide Act, as amended by Public Law 112-177, the Pesticide
    Registration Improvement Extension Act of 2012.
    Notwithstanding section 33(d)(2) of the Federal Insecticide,
    Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
    Administrator of the Environmental Protection Agency may assess fees
    under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2018.
    The Administrator is authorized to transfer up to $300,000,000 of
    the funds appropriated for the Great Lakes Restoration Initiative under
    the heading ``Environmental Programs and Management'' to the head of any
    Federal department or agency, with the concurrence of such head, to
    carry out activities that would support the Great Lakes Restoration
    Initiative and Great Lakes Water Quality Agreement programs, projects,
    or activities; to enter into an interagency agreement with the head of
    such Federal department or agency to carry out these activities; and to
    make grants to governmental entities, nonprofit organizations,
    institutions, and individuals for planning, research, monitoring,
    outreach, and implementation in furtherance of the Great Lakes
    Restoration Initiative and the Great Lakes Water Quality Agreement.
    The Science and Technology, Environmental Programs and Management,
    Office of Inspector General, Hazardous Substance Superfund, and Leaking
    Underground Storage Tank Trust Fund Program Accounts, are available for
    the construction, alteration, repair, rehabilitation, and renovation of
    facilities, provided that the cost does not exceed $150,000 per project.
    For fiscal year 2018, and notwithstanding section 518(f) of the
    Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
    Administrator is authorized to use the amounts appropriated for any
    fiscal year under section 319 of the Act to make grants to Indian tribes
    pursuant to sections 319(h) and 518(e) of that Act.
    The Administrator is authorized to use the amounts appropriated
    under the heading ``Environmental Programs and Management'' for fiscal
    year 2018 to provide grants to implement the Southeastern New England
    Watershed Restoration Program.
    Of the unobligated balances available for the ``State and Tribal
    Assistance Grants'' account, $96,198,000 are hereby permanently
    rescinded:  Provided, That no amounts may be rescinded from

    [[Page 670]]

    amounts that were designated by the Congress as an emergency requirement
    pursuant to the Concurrent Resolution on the Budget or the Balanced
    Budget and Emergency Deficit Control Act of 1985 or from amounts that
    were made available by subsection (a) of section 196 of the Continuing
    Appropriations Act, 2017 (division C of Public Law 114-223), as amended
    by the Further Continuing and Security Assistance Appropriations Act,
    2017 (Public Law 114-254).
    Notwithstanding the limitations on amounts in section 320(i)(2)(B)
    of the Federal Water Pollution Control Act, not less than $1,000,000 of
    the funds made available under this title for the National Estuary
    Program shall be for making competitive awards described in section
    320(g)(4).

    TITLE III

    RELATED AGENCIES

    DEPARTMENT OF AGRICULTURE

    Forest Service

    office of the under secretary for natural resources and environment

    For necessary expenses of the Office of the Under Secretary for
    Natural Resources and Environment, $875,000:  Provided, That funds made
    available by this Act to any agency in the Natural Resources and
    Environment mission area for salaries and expenses are available to fund
    up to one administrative support staff for the office.

    forest and rangeland research

    For necessary expenses of forest and rangeland research as
    authorized by law, $297,000,000, to remain available through September
    30, 2021:  Provided, That of the funds provided, $77,000,000 is for the
    forest inventory and analysis program.

    state and private forestry

    (including rescission of funds)

    For necessary expenses of cooperating with and providing technical
    and financial assistance to States, territories, possessions, and
    others, and for forest health management, and conducting an
    international program as authorized, $335,525,000, to remain available
    through September 30, 2021, as authorized by law; of which $67,025,000
    is to be derived from the Land and Water Conservation Fund to be used
    for the Forest Legacy Program, to remain available until expended.
    Of the unobligated balances from amounts made available for the
    Forest Legacy Program and derived from the Land and Water Conservation
    Fund, $5,938,000 is hereby permanently rescinded from projects with cost
    savings or failed or partially failed projects that had funds returned:
    Provided, That no amounts may be rescinded from amounts that were
    designated by the Congress

    [[Page 671]]

    as an emergency requirement pursuant to the Concurrent Resolution on the
    Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

    national forest system

    For necessary expenses of the Forest Service, not otherwise provided
    for, for management, protection, improvement, and utilization of the
    National Forest System, and for hazardous fuels management on or
    adjacent to such lands, $1,923,750,000, to remain available through
    September 30, 2021:  Provided, That of the funds provided, $40,000,000
    shall be deposited in the Collaborative Forest Landscape Restoration
    Fund for ecological restoration treatments as authorized by 16 U.S.C.
    7303(f):  Provided further, That of the funds provided, $366,000,000
    shall be for forest products:  Provided further, That of the funds
    provided, $430,000,000 shall be for hazardous fuels management
    activities, of which not to exceed $15,000,000 may be used to make
    grants, using any authorities available to the Forest Service under the
    ``State and Private Forestry'' appropriation, for the purpose of
    creating incentives for increased use of biomass from National Forest
    System lands:  Provided further, That $15,000,000 may be used by the
    Secretary of Agriculture to enter into procurement contracts or
    cooperative agreements or to issue grants for hazardous fuels management
    activities, and for training or monitoring associated with such
    hazardous fuels management activities on Federal land, or on non-Federal
    land if the Secretary determines such activities benefit resources on
    Federal land:  Provided further, That funds made available to implement
    the Community Forestry Restoration Act, Public Law 106-393, title VI,
    shall be available for use on non-Federal lands in accordance with
    authorities made available to the Forest Service under the ``State and
    Private Forestry'' appropriations:  Provided further, <>  That notwithstanding section 33 of the Bankhead Jones Farm
    Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating
    a fee for grazing on a National Grassland, may provide a credit of up to
    50 percent of the calculated fee to a Grazing Association or direct
    permittee for a conservation practice approved by the Secretary in
    advance of the fiscal year in which the cost of the conservation
    practice is incurred. And, that the amount credited shall remain
    available to the Grazing Association or the direct permittee, as
    appropriate, in the fiscal year in which the credit is made and each
    fiscal year thereafter for use on the project for conservation practices
    approved by the Secretary.

    capital improvement and maintenance

    (including transfer of funds)

    For necessary expenses of the Forest Service, not otherwise provided
    for, $449,000,000, to remain available through September 30, 2021, for
    construction, capital improvement, maintenance and acquisition of
    buildings and other facilities and infrastructure; and for construction,
    reconstruction, decommissioning of roads that are no longer needed,
    including unauthorized roads that are not part of the transportation
    system, and maintenance of forest roads and trails by the Forest Service
    as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205:  Provided,
    That funds becoming available

    [[Page 672]]

    in fiscal year 2018 under the Act of March 4, 1913 (16 U.S.C. 501) shall
    be transferred to the General Fund of the Treasury and shall not be
    available for transfer or obligation for any other purpose unless the
    funds are appropriated.

    land acquisition

    For expenses necessary to carry out the provisions of chapter 2003
    of title 54, United States Code, including administrative expenses, and
    for acquisition of land or waters, or interest therein, in accordance
    with statutory authority applicable to the Forest Service, $64,337,000,
    to be derived from the Land and Water Conservation Fund and to remain
    available until expended.

    acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the
    Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
    Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
    National Forests, California; and the Ozark-St. Francis and Ouachita
    National Forests, Arkansas; as authorized by law, $850,000, to be
    derived from forest receipts.

    acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds
    deposited by State, county, or municipal governments, public school
    districts, or other public school authorities, and for authorized
    expenditures from funds deposited by non-Federal parties pursuant to
    Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16
    U.S.C. 484a), to remain available through September 30, 2021, (16 U.S.C.
    516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public
    Law 78-310).

    range betterment fund

    For necessary expenses of range rehabilitation, protection, and
    improvement, 50 percent of all moneys received during the prior fiscal
    year, as fees for grazing domestic livestock on lands in National
    Forests in the 16 Western States, pursuant to section 401(b)(1) of
    Public Law 94-579, to remain available through September 30, 2021, of
    which not to exceed 6 percent shall be available for administrative
    expenses associated with on-the-ground range rehabilitation, protection,
    and improvements.

    gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
    available through September 30, 2021, to be derived from the fund
    established pursuant to the above Act.

    management of national forest lands for subsistence uses

    For necessary expenses of the Forest Service to manage Federal lands
    in Alaska for subsistence uses under title VIII of the Alaska National
    Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), $2,500,000, to
    remain available through September 30, 2021.

    [[Page 673]]

    wildland fire management

    (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on
    National Forest System lands, for emergency wildland fire suppression on
    or adjacent to such lands or other lands under fire protection
    agreement, and for emergency rehabilitation of burned-over National
    Forest System lands and water, $2,880,338,000, to remain available
    through September 30, 2021:  Provided, That such funds including
    unobligated balances under this heading, are available for repayment of
    advances from other appropriations accounts previously transferred for
    such purposes:  Provided further, That any unobligated funds
    appropriated in a previous fiscal year for hazardous fuels management
    may be transferred to the ``National Forest System'' account:  Provided
    further, That such funds shall be available to reimburse State and other
    cooperating entities for services provided in response to wildfire and
    other emergencies or disasters to the extent such reimbursements by the
    Forest Service for non-fire emergencies are fully repaid by the
    responsible emergency management agency:  Provided further, That funds
    provided shall be available for support to Federal emergency response:
    Provided further, That the costs of implementing any cooperative
    agreement between the Federal Government and any non-Federal entity may
    be shared, as mutually agreed on by the affected parties:  Provided
    further, That funds designated for wildfire suppression, shall be
    assessed for cost pools on the same basis as such assessments are
    calculated against other agency programs:  Provided further, That the
    $65,000,000 made available under this heading in the Consolidated and
    Further Continuing Appropriations Act, 2015 (Public Law 113-235) for the
    purpose of acquiring aircraft for the next-generation airtanker fleet
    shall instead be available until expended for the purpose of enhancing
    firefighting mobility, effectiveness, efficiency, and safety.

    administrative provisions--forest service

    (including transfers of funds)

    Appropriations to the Forest Service for the current fiscal year
    shall be available for: (1) purchase of passenger motor vehicles;
    acquisition of passenger motor vehicles from excess sources, and hire of
    such vehicles; purchase, lease, operation, maintenance, and acquisition
    of aircraft to maintain the operable fleet for use in Forest Service
    wildland fire programs and other Forest Service programs;
    notwithstanding other provisions of law, existing aircraft being
    replaced may be sold, with proceeds derived or trade-in value used to
    offset the purchase price for the replacement aircraft; (2) services
    pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
    under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
    and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
    waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
    expenses pursuant to the Volunteers in the National Forest Act of 1972
    (16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
    authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
    in accordance with 31 U.S.C. 3718(c).

    [[Page 674]]

    Any appropriations or funds available to the Forest Service may be
    transferred to the Wildland Fire Management appropriation for forest
    firefighting, emergency rehabilitation of burned-over or damaged lands
    or waters under its jurisdiction, and fire preparedness due to severe
    burning conditions upon the Secretary's notification of the House and
    Senate Committees on Appropriations that all fire suppression funds
    appropriated under the heading ``Wildland Fire Management'' will be
    obligated within 30 days:  Provided, That all funds used pursuant to
    this paragraph must be replenished by a supplemental appropriation which
    must be requested as promptly as possible.
    Not more than $50,000,000 of funds appropriated to the Forest
    Service shall be available for expenditure or transfer to the Department
    of the Interior for wildland fire management, hazardous fuels
    management, and State fire assistance when such transfers would
    facilitate and expedite wildland fire management programs and projects.
    Notwithstanding any other provision of this Act, the Forest Service
    may transfer unobligated balances of discretionary funds appropriated to
    the Forest Service by this Act to or within the National Forest System
    Account, or reprogram funds to be used for the purposes of hazardous
    fuels management and urgent rehabilitation of burned-over National
    Forest System lands and water, such transferred funds shall remain
    available through September 30, 2021:  Provided, That none of the funds
    transferred pursuant to this section shall be available for obligation
    without written notification to and the prior approval of the Committees
    on Appropriations of both Houses of Congress:  Provided further, That
    this section does not apply to funds appropriated to the FLAME Wildfire
    Suppression Reserve Fund or funds derived from the Land and Water
    Conservation Fund.
    Funds appropriated to the Forest Service shall be available for
    assistance to or through the Agency for International Development in
    connection with forest and rangeland research, technical information,
    and assistance in foreign countries, and shall be available to support
    forestry and related natural resource activities outside the United
    States and its territories and possessions, including technical
    assistance, education and training, and cooperation with U.S., private,
    and international organizations. The Forest Service, acting for the
    International Program, may sign direct funding agreements with foreign
    governments and institutions as well as other domestic agencies
    (including the U.S. Agency for International Development, the Department
    of State, and the Millennium Challenge Corporation), U.S. private sector
    firms, institutions and organizations to provide technical assistance
    and training programs overseas on forestry and rangeland management.
    Funds appropriated to the Forest Service shall be available for
    expenditure or transfer to the Department of the Interior, Bureau of
    Land Management, for removal, preparation, and adoption of excess wild
    horses and burros from National Forest System lands, and for the
    performance of cadastral surveys to designate the boundaries of such
    lands.
    <> None of the funds made available to the
    Forest Service in this Act or any other Act with respect to any fiscal
    year shall be subject to transfer under the provisions of section 702(b)
    of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),

    [[Page 675]]

    section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b)
    of Public Law 107-171 (7 U.S.C. 8316(b)).

    None of the funds available to the Forest Service may be
    reprogrammed without the advance approval of the House and Senate
    Committees on Appropriations in accordance with the reprogramming
    procedures contained in the explanatory statement described in section 4
    (in the matter preceding division A of this consolidated Act).
    Not more than $82,000,000 of funds available to the Forest Service
    shall be transferred to the Working Capital Fund of the Department of
    Agriculture and not more than $14,500,000 of funds available to the
    Forest Service shall be transferred to the Department of Agriculture for
    Department Reimbursable Programs, commonly referred to as Greenbook
    charges. Nothing in this paragraph shall prohibit or limit the use of
    reimbursable agreements requested by the Forest Service in order to
    obtain services from the Department of Agriculture's National
    Information Technology Center and the Department of Agriculture's
    International Technology Service.
    Of the funds available to the Forest Service, up to $5,000,000 shall
    be available for priority projects within the scope of the approved
    budget, which shall be carried out by the Youth Conservation Corps and
    shall be carried out under the authority of the Public Lands Corps Act
    of 1993 (16 U.S.C. 1721 et seq.).
    Of the funds available to the Forest Service, $4,000 is available to
    the Chief of the Forest Service for official reception and
    representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
    funds available to the Forest Service, up to $3,000,000 may be advanced
    in a lump sum to the National Forest Foundation to aid conservation
    partnership projects in support of the Forest Service mission, without
    regard to when the Foundation incurs expenses, for projects on or
    benefitting National Forest System lands or related to Forest Service
    programs:  Provided, That of the Federal funds made available to the
    Foundation, no more than $300,000 shall be available for administrative
    expenses:  Provided further, That the Foundation shall obtain, by the
    end of the period of Federal financial assistance, private contributions
    to match funds made available by the Forest Service on at least a one-
    for-one basis:  Provided further, That the Foundation may transfer
    Federal funds to a Federal or a non-Federal recipient for a project at
    the same rate that the recipient has obtained the non-Federal matching
    funds.
    Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
    of the funds available to the Forest Service may be advanced to the
    National Fish and Wildlife Foundation in a lump sum to aid cost-share
    conservation projects, without regard to when expenses are incurred, on
    or benefitting National Forest System lands or related to Forest Service
    programs:  Provided, That such funds shall be matched on at least a one-
    for-one basis by the Foundation or its sub-recipients:  Provided
    further, That the Foundation may transfer Federal funds to a Federal or
    non-Federal recipient for a project at the same rate that the recipient
    has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for
    interactions with and providing technical assistance to rural
    communities and natural resource-based businesses for sustainable rural
    development purposes.

    [[Page 676]]

    Funds appropriated to the Forest Service shall be available for
    payments to counties within the Columbia River Gorge National Scenic
    Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
    Public Law 99-663.
    Any funds appropriated to the Forest Service may be used to meet the
    non-Federal share requirement in section 502(c) of the Older Americans
    Act of 1965 (42 U.S.C. 3056(c)(2)).
    The Forest Service shall not assess funds for the purpose of
    performing fire, administrative, and other facilities maintenance and
    decommissioning.
    Notwithstanding any other provision of law, of any appropriations or
    funds available to the Forest Service, not to exceed $500,000 may be
    used to reimburse the Office of the General Counsel (OGC), Department of
    Agriculture, for travel and related expenses incurred as a result of OGC
    assistance or participation requested by the Forest Service at meetings,
    training sessions, management reviews, land purchase negotiations and
    similar matters unrelated to civil litigation. Future budget
    justifications for both the Forest Service and the Department of
    Agriculture should clearly display the sums previously transferred and
    the sums requested for transfer.
    An eligible individual who is employed in any project funded under
    title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
    administered by the Forest Service shall be considered to be a Federal
    employee for purposes of chapter 171 of title 28, United States Code.
    Notwithstanding any other provision of this Act, through the Office
    of Budget and Program Analysis, the Forest Service shall report no later
    than 30 business days following the close of each fiscal quarter all
    current and prior year unobligated balances, by fiscal year, budget line
    item and account, to the House and Senate Committees on Appropriations.
    The Forest Service shall submit, through the Office of Budget and
    Program Analysis, to the Office of Management and Budget a proposed
    system of administrative control of funds for its accounts, as described
    in 31 U.S.C. 1514, not later than June 21, 2018.

    DEPARTMENT OF HEALTH AND HUMAN SERVICES

    Indian Health Service

    indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68
    Stat. 674), the Indian Self-Determination and Education Assistance Act,
    the Indian Health Care Improvement Act, and titles II and III of the
    Public Health Service Act with respect to the Indian Health Service,
    $3,952,290,000, together with payments received during the fiscal year
    pursuant to sections 231(b) and 233 of the Public Health Service Act (42
    U.S.C. 238(b), 238b), for services furnished by the Indian Health
    Service:  Provided, That funds made available to tribes and tribal
    organizations through contracts, grant agreements, or any other
    agreements or compacts authorized by the Indian Self-Determination and
    Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be
    obligated at the time of the grant or contract award and thereafter
    shall remain available to the tribe or tribal organization without
    fiscal year limitation:  Provided further, That $2,000,000 shall be
    available

    [[Page 677]]

    for grants or contracts with public or private institutions to provide
    alcohol or drug treatment services to Indians, including alcohol
    detoxification services:  Provided further, That $962,695,000 for
    Purchased/Referred Care, including $53,000,000 for the Indian
    Catastrophic Health Emergency Fund, shall remain available until
    expended:  Provided further, That of the funds provided, up to
    $36,000,000 shall remain available until expended for implementation of
    the loan repayment program under section 108 of the Indian Health Care
    Improvement Act:  Provided further, That of the funds provided,
    $11,000,000 shall remain available until expended to supplement funds
    available for operational costs at tribal clinics operated under an
    Indian Self-Determination and Education Assistance Act compact or
    contract where health care is delivered in space acquired through a full
    service lease, which is not eligible for maintenance and improvement and
    equipment funds from the Indian Health Service, and $58,000,000 shall be
    for costs related to or resulting from accreditation emergencies, of
    which up to $4,000,000 may be used to supplement amounts otherwise
    available for Purchased/Referred Care:  Provided further, That the
    amounts collected by the Federal Government as authorized by sections
    104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a
    and 1616a) during the preceding fiscal year for breach of contracts
    shall be deposited to the Fund authorized by section 108A of that Act
    (25 U.S.C. 1616a-1) and shall remain available until expended and,
    notwithstanding section 108A(c) of that Act (25 U.S.C. 1616a-1(c)),
    funds shall be available to make new awards under the loan repayment and
    scholarship programs under sections 104 and 108 of that Act (25 U.S.C.
    1613a and 1616a):  Provided further, That the amounts made available
    within this account for the Substance Abuse and Suicide Prevention
    Program, for the Domestic Violence Prevention Program, for the Zero
    Suicide Initiative, for the housing subsidy authority for civilian
    employees, for aftercare pilot programs at Youth Regional Treatment
    Centers, to improve collections from public and private insurance at
    Indian Health Service and tribally operated facilities, and for
    accreditation emergencies shall be allocated at the discretion of the
    Director of the Indian Health Service and shall remain available until
    expended:  Provided further, That funds provided in this Act may be used
    for annual contracts and grants for which the performance period falls
    within 2 fiscal years, provided the total obligation is recorded in the
    year the funds are appropriated:  Provided further, That the amounts
    collected by the Secretary of Health and Human Services under the
    authority of title IV of the Indian Health Care Improvement Act shall
    remain available until expended for the purpose of achieving compliance
    with the applicable conditions and requirements of titles XVIII and XIX
    of the Social Security Act, except for those related to the planning,
    design, or construction of new facilities:  Provided further, That
    funding contained herein for scholarship programs under the Indian
    Health Care Improvement Act shall remain available until expended:
    Provided further, That amounts received by tribes and tribal
    organizations under title IV of the Indian Health Care Improvement Act
    shall be reported and accounted for and available to the receiving
    tribes and tribal organizations until expended:  Provided further, That
    the Bureau of Indian Affairs may collect from the Indian Health Service,
    and from tribes and tribal organizations operating health

    [[Page 678]]

    facilities pursuant to Public Law 93-638, such individually identifiable
    health information relating to disabled children as may be necessary for
    the purpose of carrying out its functions under the Individuals with
    Disabilities Education Act (20 U.S.C. 1400 et seq.):  Provided further,
    That of the funds provided, $72,280,000 is for the Indian Health Care
    Improvement Fund and may be used, as needed, to carry out activities
    typically funded under the Indian Health Facilities account:  Provided
    further, That the accreditation emergency funds may be used, as needed,
    to carry out activities typically funded under the Indian Health
    Facilities account.

    contract support costs

    For payments to tribes and tribal organizations for contract support
    costs associated with Indian Self-Determination and Education Assistance
    Act agreements with the Indian Health Service for fiscal year 2018, such
    sums as may be necessary:  Provided, That notwithstanding any other
    provision of law, no amounts made available under this heading shall be
    available for transfer to another budget account.

    indian health facilities

    For construction, repair, maintenance, improvement, and equipment of
    health and related auxiliary facilities, including quarters for
    personnel; preparation of plans, specifications, and drawings;
    acquisition of sites, purchase and erection of modular buildings, and
    purchases of trailers; and for provision of domestic and community
    sanitation facilities for Indians, as authorized by section 7 of the Act
    of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
    and the Indian Health Care Improvement Act, and for expenses necessary
    to carry out such Acts and titles II and III of the Public Health
    Service Act with respect to environmental health and facilities support
    activities of the Indian Health Service, $867,504,000, to remain
    available until expended:  Provided, That notwithstanding any other
    provision of law, funds appropriated for the planning, design,
    construction, renovation or expansion of health facilities for the
    benefit of an Indian tribe or tribes may be used to purchase land on
    which such facilities will be located:  Provided further, That not to
    exceed $500,000 may be used by the Indian Health Service to purchase
    TRANSAM equipment from the Department of Defense for distribution to the
    Indian Health Service and tribal facilities:  Provided further, That
    none of the funds appropriated to the Indian Health Service may be used
    for sanitation facilities construction for new homes funded with grants
    by the housing programs of the United States Department of Housing and
    Urban Development:  Provided further, That not to exceed $2,700,000 from
    this account and the ``Indian Health Services'' account may be used by
    the Indian Health Service to obtain ambulances for the Indian Health
    Service and tribal facilities in conjunction with an existing
    interagency agreement between the Indian Health Service and the General
    Services Administration:  Provided further, That not to exceed $500,000
    may be placed in a Demolition Fund, to remain available until expended,
    and be used by the Indian Health Service for the demolition of Federal
    buildings.

    [[Page 679]]

    administrative provisions--indian health service

    Appropriations provided in this Act to the Indian Health Service
    shall be available for services as authorized by 5 U.S.C. 3109 at rates
    not to exceed the per diem rate equivalent to the maximum rate payable
    for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
    vehicles and aircraft; purchase of medical equipment; purchase of
    reprints; purchase, renovation and erection of modular buildings and
    renovation of existing facilities; payments for telephone service in
    private residences in the field, when authorized under regulations
    approved by the Secretary of Health and Human Services; uniforms or
    allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
    expenses of attendance at meetings that relate to the functions or
    activities of the Indian Health Service:  Provided, That in accordance
    with the provisions of the Indian Health Care Improvement Act, non-
    Indian patients may be extended health care at all tribally administered
    or Indian Health Service facilities, subject to charges, and the
    proceeds along with funds recovered under the Federal Medical Care
    Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of
    the facility providing the service and shall be available without fiscal
    year limitation:  Provided further, That notwithstanding any other law
    or regulation, funds transferred from the Department of Housing and
    Urban Development to the Indian Health Service shall be administered
    under Public Law 86-121, the Indian Sanitation Facilities Act and Public
    Law 93-638:  Provided further, That funds appropriated to the Indian
    Health Service in this Act, except those used for administrative and
    program direction purposes, shall not be subject to limitations directed
    at curtailing Federal travel and transportation:  Provided further, That
    none of the funds made available to the Indian Health Service in this
    Act shall be used for any assessments or charges by the Department of
    Health and Human Services unless identified in the budget justification
    and provided in this Act, or approved by the House and Senate Committees
    on Appropriations through the reprogramming process:  Provided further,
    That notwithstanding any other provision of law, funds previously or
    herein made available to a tribe or tribal organization through a
    contract, grant, or agreement authorized by title I or title V of the
    Indian Self-Determination and Education Assistance Act of 1975 (25
    U.S.C. 5321 et seq. (title I), 5381 et seq. (title V)), may be
    deobligated and reobligated to a self-determination contract under title
    I, or a self-governance agreement under title V of such Act and
    thereafter shall remain available to the tribe or tribal organization
    without fiscal year limitation:  Provided further, That none of the
    funds made available to the Indian Health Service in this Act shall be
    used to implement the final rule published in the Federal Register on
    September 16, 1987, by the Department of Health and Human Services,
    relating to the eligibility for the health care services of the Indian
    Health Service until the Indian Health Service has submitted a budget
    request reflecting the increased costs associated with the proposed
    final rule, and such request has been included in an appropriations Act
    and enacted into law:  Provided further, That with respect to functions
    transferred by the Indian Health Service

    [[Page 680]]

    to tribes or tribal organizations, the Indian Health Service is
    authorized to provide goods and services to those entities on a
    reimbursable basis, including payments in advance with subsequent
    adjustment, and the reimbursements received therefrom, along with the
    funds received from those entities pursuant to the Indian Self-
    Determination Act, may be credited to the same or subsequent
    appropriation account from which the funds were originally derived, with
    such amounts to remain available until expended:  Provided further, That
    reimbursements for training, technical assistance, or services provided
    by the Indian Health Service will contain total costs, including direct,
    administrative, and overhead costs associated with the provision of
    goods, services, or technical assistance:  Provided further, That the
    Indian Health Service may provide to civilian medical personnel serving
    in hospitals operated by the Indian Health Service housing allowances
    equivalent to those that would be provided to members of the
    Commissioned Corps of the United States Public Health Service serving in
    similar positions at such hospitals:  Provided further, That the
    appropriation structure for the Indian Health Service may not be altered
    without advance notification to the House and Senate Committees on
    Appropriations.

    National Institutes of Health

    national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental
    Health Sciences in carrying out activities set forth in section 311(a)
    of the Comprehensive Environmental Response, Compensation, and Liability
    Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund
    Amendments and Reauthorization Act of 1986, $77,349,000.

    Agency for Toxic Substances and Disease Registry

    toxic substances and environmental public health

    For necessary expenses for the Agency for Toxic Substances and
    Disease Registry (ATSDR) in carrying out activities set forth in
    sections 104(i) and 111(c)(4) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA) and section
    3019 of the Solid Waste Disposal Act, $74,691,000:  Provided, That
    notwithstanding any other provision of law, in lieu of performing a
    health assessment under section 104(i)(6) of CERCLA, the Administrator
    of ATSDR may conduct other appropriate health studies, evaluations, or
    activities, including, without limitation, biomedical testing, clinical
    evaluations, medical monitoring, and referral to accredited healthcare
    providers:  Provided further, That in performing any such health
    assessment or health study, evaluation, or activity, the Administrator
    of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
    CERCLA:  Provided further, That none of the funds appropriated under
    this heading shall be available for ATSDR to issue in excess of 40
    toxicological profiles pursuant to section 104(i) of CERCLA during
    fiscal year 2018, and existing profiles may be updated as necessary.

    [[Page 681]]

    OTHER RELATED AGENCIES

    Executive Office of the President

    council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the Council
    on Environmental Quality and Office of Environmental Quality pursuant to
    the National Environmental Policy Act of 1969, the Environmental Quality
    Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
    to exceed $750 for official reception and representation expenses,
    $3,000,000:  Provided, That notwithstanding section 202 of the National
    Environmental Policy Act of 1970, the Council shall consist of one
    member, appointed by the President, by and with the advice and consent
    of the Senate, serving as chairman and exercising all powers, functions,
    and duties of the Council.

    Chemical Safety and Hazard Investigation Board

    salaries and expenses

    For necessary expenses in carrying out activities pursuant to
    section 112(r)(6) of the Clean Air Act, including hire of passenger
    vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
    5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for
    individuals not to exceed the per diem equivalent to the maximum rate
    payable for senior level positions under 5 U.S.C. 5376, $11,000,000:
    Provided, That the Chemical Safety and Hazard Investigation Board
    (Board) shall have not more than three career Senior Executive Service
    positions:  Provided further, <>  That
    notwithstanding any other provision of law, the individual appointed to
    the position of Inspector General of the Environmental Protection Agency
    (EPA) shall, by virtue of such appointment, also hold the position of
    Inspector General of the Board:  Provided further, That notwithstanding
    any other provision of law, the Inspector General of the Board shall
    utilize personnel of the Office of Inspector General of EPA in
    performing the duties of the Inspector General of the Board, and shall
    not appoint any individuals to positions within the Board.

    Office of Navajo and Hopi Indian Relocation

    salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian
    Relocation as authorized by Public Law 93-531, $15,431,000, to remain
    available until expended:  Provided, That funds provided in this or any
    other appropriations Act are to be used to relocate eligible individuals
    and groups including evictees from District 6, Hopi-partitioned lands
    residents, those in significantly substandard housing, and all others
    certified as eligible and not included in the preceding categories:
    Provided further, That none of the funds contained in this or any other
    Act may be used by the Office of Navajo and Hopi Indian Relocation to
    evict any single Navajo or Navajo family who, as of November 30, 1985,
    was physically domiciled on the lands partitioned to the Hopi Tribe
    unless a

    [[Page 682]]

    new or replacement home is provided for such household:  Provided
    further, That no relocatee will be provided with more than one new or
    replacement home:  Provided further, That the Office shall relocate any
    certified eligible relocatees who have selected and received an approved
    homesite on the Navajo reservation or selected a replacement residence
    off the Navajo reservation or on the land acquired pursuant to section
    11 of Public Law 93-531 (88 Stat. 1716).

    Institute of American Indian and Alaska Native Culture and Arts
    Development

    payment to the institute

    For payment to the Institute of American Indian and Alaska Native
    Culture and Arts Development, as authorized by part A of title XV of
    Public Law 99-498 (20 U.S.C. 4411 et seq.), $9,835,000, which shall
    become available on July 1, 2018, and shall remain available until
    September 30, 2019.

    Smithsonian Institution

    salaries and expenses

    For necessary expenses of the Smithsonian Institution, as authorized
    by law, including research in the fields of art, science, and history;
    development, preservation, and documentation of the National
    Collections; presentation of public exhibits and performances;
    collection, preparation, dissemination, and exchange of information and
    publications; conduct of education, training, and museum assistance
    programs; maintenance, alteration, operation, lease agreements of no
    more than 30 years, and protection of buildings, facilities, and
    approaches; not to exceed $100,000 for services as authorized by 5
    U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
    employees, $731,444,000, to remain available until September 30, 2019,
    except as otherwise provided herein; of which not to exceed $6,908,000
    for the instrumentation program, collections acquisition, exhibition
    reinstallation, and the repatriation of skeletal remains program shall
    remain available until expended; and including such funds as may be
    necessary to support American overseas research centers:  Provided, That
    funds appropriated herein are available for advance payments to
    independent contractors performing research services or participating in
    official Smithsonian presentations.

    facilities capital

    For necessary expenses of repair, revitalization, and alteration of
    facilities owned or occupied by the Smithsonian Institution, by contract
    or otherwise, as authorized by section 2 of the Act of August 22, 1949
    (63 Stat. 623), and for construction, including necessary personnel,
    $311,903,000, to remain available until expended, of which not to exceed
    $10,000 shall be for services as authorized by 5 U.S.C. 3109.

    [[Page 683]]

    National Gallery of Art

    salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the
    protection and care of the works of art therein, and administrative
    expenses incident thereto, as authorized by the Act of March 24, 1937
    (50 Stat. 51), as amended by the public resolution of April 13, 1939
    (Public Resolution 9, Seventy-sixth Congress), including services as
    authorized by 5 U.S.C. 3109; payment in advance when authorized by the
    treasurer of the Gallery for membership in library, museum, and art
    associations or societies whose publications or services are available
    to members only, or to members at a price lower than to the general
    public; purchase, repair, and cleaning of uniforms for guards, and
    uniforms, or allowances therefor, for other employees as authorized by
    law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
    protecting buildings and contents thereof, and maintenance, alteration,
    improvement, and repair of buildings, approaches, and grounds; and
    purchase of services for restoration and repair of works of art for the
    National Gallery of Art by contracts made, without advertising, with
    individuals, firms, or organizations at such rates or prices and under
    such terms and conditions as the Gallery may deem proper, $141,790,000,
    to remain available until September 30, 2019, of which not to exceed
    $3,620,000 for the special exhibition program shall remain available
    until expended.

    repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of
    buildings, grounds and facilities owned or occupied by the National
    Gallery of Art, by contract or otherwise, for operating lease agreements
    of no more than 10 years, with no extensions or renewals beyond the 10
    years, that address space needs created by the ongoing renovations in
    the Master Facilities Plan, as authorized, $24,203,000, to remain
    available until expended:  Provided, That contracts awarded for
    environmental systems, protection systems, and exterior repair or
    renovation of buildings of the National Gallery of Art may be negotiated
    with selected contractors and awarded on the basis of contractor
    qualifications as well as price.

    John F. Kennedy Center for the Performing Arts

    operations and maintenance

    For necessary expenses for the operation, maintenance and security
    of the John F. Kennedy Center for the Performing Arts, $23,740,000.

    capital repair and restoration

    For necessary expenses for capital repair and restoration of the
    existing features of the building and site of the John F. Kennedy Center
    for the Performing Arts, $16,775,000, to remain available until
    expended.

    [[Page 684]]

    Woodrow Wilson International Center for Scholars

    salaries and expenses

    For expenses necessary in carrying out the provisions of the Woodrow
    Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
    vehicles and services as authorized by 5 U.S.C. 3109, $12,000,000, to
    remain available until September 30, 2019.

    National Foundation on the Arts and the Humanities

    National Endowment for the Arts

    grants and administration

    For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, $152,849,000 shall be available to
    the National Endowment for the Arts for the support of projects and
    productions in the arts, including arts education and public outreach
    activities, through assistance to organizations and individuals pursuant
    to section 5 of the Act, for program support, and for administering the
    functions of the Act, to remain available until expended.

    National Endowment for the Humanities

    grants and administration

    For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, $152,848,000 to remain available
    until expended, of which $141,548,000 shall be available for support of
    activities in the humanities, pursuant to section 7(c) of the Act and
    for administering the functions of the Act; and $11,300,000 shall be
    available to carry out the matching grants program pursuant to section
    10(a)(2) of the Act, including $9,100,000 for the purposes of section
    7(h):  Provided, That appropriations for carrying out section 10(a)(2)
    shall be available for obligation only in such amounts as may be equal
    to the total amounts of gifts, bequests, devises of money, and other
    property accepted by the chairman or by grantees of the National
    Endowment for the Humanities under the provisions of sections
    11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
    years for which equal amounts have not previously been appropriated.

    Administrative Provisions

    None of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used to process any grant or contract
    documents which do not include the text of 18 U.S.C. 1913:  Provided,
    That none of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used for official reception and
    representation expenses:  Provided further, That funds from
    nonappropriated sources may be used as necessary for official reception
    and representation expenses:  Provided further, That the Chairperson of
    the National Endowment for the Arts may approve grants of up to $10,000,
    if in the aggregate the amount of such grants does not exceed 5 percent
    of the sums appropriated for grantmaking purposes per year:  Provided
    further, That such small

    [[Page 685]]

    grant actions are taken pursuant to the terms of an expressed and direct
    delegation of authority from the National Council on the Arts to the
    Chairperson.

    Commission of Fine Arts

    salaries and expenses

    For expenses of the Commission of Fine Arts under chapter 91 of
    title 40, United States Code, $2,762,000:  Provided, That the Commission
    is authorized to charge fees to cover the full costs of its
    publications, and such fees shall be credited to this account as an
    offsetting collection, to remain available until expended without
    further appropriation:  Provided further, That the Commission is
    authorized to accept gifts, including objects, papers, artwork, drawings
    and artifacts, that pertain to the history and design of the Nation's
    Capital or the history and activities of the Commission of Fine Arts,
    for the purpose of artistic display, study, or education:  Provided
    further, That one-tenth of one percent of the funds provided under this
    heading may be used for official reception and representation expenses.

    national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
    956a), $2,750,000.

    Advisory Council on Historic Preservation

    salaries and expenses

    For necessary expenses of the Advisory Council on Historic
    Preservation (Public Law 89-665), $6,400,000.

    National Capital Planning Commission

    salaries and expenses

    For necessary expenses of the National Capital Planning Commission
    under chapter 87 of title 40, United States Code, including services as
    authorized by 5 U.S.C. 3109, $8,099,000:  Provided, That one-quarter of
    1 percent of the funds provided under this heading may be used for
    official reception and representational expenses associated with hosting
    international visitors engaged in the planning and physical development
    of world capitals.

    United States Holocaust Memorial Museum

    holocaust memorial museum

    For expenses of the Holocaust Memorial Museum, as authorized by
    Public Law 106-292 (36 U.S.C. 2301-2310), $59,000,000, of which
    $1,715,000 shall remain available until September 30, 2020, for the
    Museum's equipment replacement program; and of which $4,000,000 for the
    Museum's repair and rehabilitation program and $1,264,000 for the
    Museum's outreach initiatives program shall remain available until
    expended.

    [[Page 686]]

    Dwight D. Eisenhower Memorial Commission

    salaries and expenses

    For necessary expenses of the Dwight D. Eisenhower Memorial
    Commission, $1,800,000, to remain available until expended.

    capital construction

    For necessary expenses of the Dwight D. Eisenhower Memorial
    Commission for design and construction of a memorial in honor of Dwight
    D. Eisenhower, as authorized by Public Law 106-79, $45,000,000, to
    remain available until expended:  Provided, That the contract with
    respect to the procurement shall contain the ``availability of funds''
    clause described in section 52.232.18 of title 48, Code of Federal
    Regulations:  Provided further, That the funds appropriated herein shall
    be deemed to satisfy the criteria for issuing a permit contained in 40
    U.S.C. 8906(a)(4) and (b).

    women's suffrage centennial commission

    salaries and expenses

    For necessary expenses for the Women's Suffrage Centennial
    Commission, as authorized by the Women's Suffrage Centennial Commission
    Act (section 431(a)(3) of division G of Public Law 115-31), $1,000,000,
    to remain available until expended.

    world war i centennial commission

    salaries and expenses

    Notwithstanding section 9 of the World War I Centennial Commission
    Act, as authorized by the World War I Centennial Commission Act (Public
    Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
    Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), for
    necessary expenses of the World War I Centennial Commission, $7,000,000,
    to remain available until expended:  Provided, That in addition to the
    authority provided by section 6(g) of such Act, the World War I
    Commission may accept money, in-kind personnel services, contractual
    support, or any appropriate support from any executive branch agency for
    activities of the Commission.

    TITLE IV

    GENERAL PROVISIONS

    (including transfers of funds)

    restriction on use of funds

    Sec. 401.  No part of any appropriation contained in this Act shall
    be available for any activity or the publication or distribution of
    literature that in any way tends to promote public support or opposition
    to any legislative proposal on which Congressional action is not
    complete other than to communicate to Members of Congress as described
    in 18 U.S.C. 1913.

    [[Page 687]]

    obligation of appropriations

    Sec. 402.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.

    disclosure of administrative expenses

    Sec. 403.  The amount and basis of estimated overhead charges,
    deductions, reserves or holdbacks, including working capital fund and
    cost pool charges, from programs, projects, activities and subactivities
    to support government-wide, departmental, agency, or bureau
    administrative functions or headquarters, regional, or central
    operations shall be presented in annual budget justifications and
    subject to approval by the Committees on Appropriations of the House of
    Representatives and the Senate. Changes to such estimates shall be
    presented to the Committees on Appropriations for approval.

    mining applications

    Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
    or otherwise made available pursuant to this Act shall be obligated or
    expended to accept or process applications for a patent for any mining
    or mill site claim located under the general mining laws.
    (b) Exceptions.--Subsection (a) shall not apply if the Secretary of
    the Interior determines that, for the claim concerned (1) a patent
    application was filed with the Secretary on or before September 30,
    1994; and (2) all requirements established under sections 2325 and 2326
    of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
    sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
    35, 36, and 37) for placer claims, and section 2337 of the Revised
    Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
    fully complied with by the applicant by that date.
    (c) Report.--On September 30, 2019, the Secretary of the Interior
    shall file with the House and Senate Committees on Appropriations and
    the Committee on Natural Resources of the House and the Committee on
    Energy and Natural Resources of the Senate a report on actions taken by
    the Department under the plan submitted pursuant to section 314(c) of
    the Department of the Interior and Related Agencies Appropriations Act,
    1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications
    in a timely and responsible manner, upon the request of a patent
    applicant, the Secretary of the Interior shall allow the applicant to
    fund a qualified third-party contractor to be selected by the Director
    of the Bureau of Land Management to conduct a mineral examination of the
    mining claims or mill sites contained in a patent application as set
    forth in subsection (b). The Bureau of Land Management shall have the
    sole responsibility to choose and pay the third-party contractor in
    accordance with the standard procedures employed by the Bureau of Land
    Management in the retention of third-party contractors.

    [[Page 688]]

    contract support costs, prior year limitation

    Sec. 405.  Sections 405 and 406 of division F of the Consolidated
    and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
    shall continue in effect in fiscal year 2018.

    contract support costs, fiscal year 2018 limitation

    Sec. 406.  Amounts provided by this Act for fiscal year 2018 under
    the headings ``Department of Health and Human Services, Indian Health
    Service, Contract Support Costs'' and ``Department of the Interior,
    Bureau of Indian Affairs and Bureau of Indian Education, Contract
    Support Costs'' are the only amounts available for contract support
    costs arising out of self-determination or self-governance contracts,
    grants, compacts, or annual funding agreements for fiscal year 2018 with
    the Bureau of Indian Affairs or the Indian Health Service:  Provided,
    That such amounts provided by this Act are not available for payment of
    claims for contract support costs for prior years, or for repayments of
    payments for settlements or judgments awarding contract support costs
    for prior years.

    forest management plans

    Sec. 407. <>   The Secretary of Agriculture
    shall not be considered to be in violation of section 6(f)(5)(A) of the
    Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
    1604(f)(5)(A)) solely because more than 15 years have passed without
    revision of the plan for a unit of the National Forest System. Nothing
    in this section exempts the Secretary from any other requirement of the
    Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
    seq.) or any other law:  Provided, That if the Secretary is not acting
    expeditiously and in good faith, within the funding available, to revise
    a plan for a unit of the National Forest System, this section shall be
    void with respect to such plan and a court of proper jurisdiction may
    order completion of the plan on an accelerated basis.

    prohibition within national monuments

    Sec. 408.  No funds provided in this Act may be expended to conduct
    preleasing, leasing and related activities under either the Mineral
    Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
    Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
    Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
    et seq.) as such boundary existed on January 20, 2001, except where such
    activities are allowed under the Presidential proclamation establishing
    such monument.

    limitation on takings

    Sec. 409.  Unless otherwise provided herein, no funds appropriated
    in this Act for the acquisition of lands or interests in lands may be
    expended for the filing of declarations of taking or complaints in
    condemnation without the approval of the House and Senate Committees on
    Appropriations:  Provided, That this provision shall not apply to funds
    appropriated to implement the

    [[Page 689]]

    Everglades National Park Protection and Expansion Act of 1989, or to
    funds appropriated for Federal assistance to the State of Florida to
    acquire lands for Everglades restoration purposes.

    timber sale requirements

    Sec. 410.  No timber sale in Alaska's Region 10 shall be advertised
    if the indicated rate is deficit (defined as the value of the timber is
    not sufficient to cover all logging and stumpage costs and provide a
    normal profit and risk allowance under the Forest Service's appraisal
    process) when appraised using a residual value appraisal. The western
    red cedar timber from those sales which is surplus to the needs of the
    domestic processors in Alaska, shall be made available to domestic
    processors in the contiguous 48 United States at prevailing domestic
    prices. All additional western red cedar volume not sold to Alaska or
    contiguous 48 United States domestic processors may be exported to
    foreign markets at the election of the timber sale holder. All Alaska
    yellow cedar may be sold at prevailing export prices at the election of
    the timber sale holder.

    prohibition on no-bid contracts

    Sec. 411.  None of the funds appropriated or otherwise made
    available by this Act to executive branch agencies may be used to enter
    into any Federal contract unless such contract is entered into in
    accordance with the requirements of Chapter 33 of title 41, United
    States Code, or Chapter 137 of title 10, United States Code, and the
    Federal Acquisition Regulation, unless--
    (1) Federal law specifically authorizes a contract to be
    entered into without regard for these requirements, including
    formula grants for States, or federally recognized Indian
    tribes; or
    (2) such contract is authorized by the Indian Self-
    Determination and Education Assistance Act (Public Law 93-638,
    25 U.S.C. 450 et seq.) or by any other Federal laws that
    specifically authorize a contract within an Indian tribe as
    defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
    (3) such contract was awarded prior to the date of enactment
    of this Act.

    posting of reports

    Sec. 412. (a) Any agency receiving funds made available in this Act,
    shall, subject to subsections (b) and (c), post on the public website of
    that agency any report required to be submitted by the Congress in this
    or any other Act, upon the determination by the head of the agency that
    it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
    (1) the public posting of the report compromises national
    security; or
    (2) the report contains proprietary information.

    (c) The head of the agency posting such report shall do so only
    after such report has been made available to the requesting Committee or
    Committees of Congress for no less than 45 days.

    [[Page 690]]

    national endowment for the arts grant guidelines

    Sec. 413.  Of the funds provided to the National Endowment for the
    Arts--
    (1) The Chairperson shall only award a grant to an
    individual if such grant is awarded to such individual for a
    literature fellowship, National Heritage Fellowship, or American
    Jazz Masters Fellowship.
    (2) The Chairperson shall establish procedures to ensure
    that no funding provided through a grant, except a grant made to
    a State or local arts agency, or regional group, may be used to
    make a grant to any other organization or individual to conduct
    activity independent of the direct grant recipient. Nothing in
    this subsection shall prohibit payments made in exchange for
    goods and services.
    (3) No grant shall be used for seasonal support to a group,
    unless the application is specific to the contents of the
    season, including identified programs or projects.

    national endowment for the arts program priorities

    Sec. 414. (a) In providing services or awarding financial assistance
    under the National Foundation on the Arts and the Humanities Act of 1965
    from funds appropriated under this Act, the Chairperson of the National
    Endowment for the Arts shall ensure that priority is given to providing
    services or awarding financial assistance for projects, productions,
    workshops, or programs that serve underserved populations.
    (b) In this section:
    (1) The term ``underserved population'' means a population
    of individuals, including urban minorities, who have
    historically been outside the purview of arts and humanities
    programs due to factors such as a high incidence of income below
    the poverty line or to geographic isolation.
    (2) The term ``poverty line'' means the poverty line (as
    defined by the Office of Management and Budget, and revised
    annually in accordance with section 673(2) of the Community
    Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
    family of the size involved.

    (c) In providing services and awarding financial assistance under
    the National Foundation on the Arts and Humanities Act of 1965 with
    funds appropriated by this Act, the Chairperson of the National
    Endowment for the Arts shall ensure that priority is given to providing
    services or awarding financial assistance for projects, productions,
    workshops, or programs that will encourage public knowledge, education,
    understanding, and appreciation of the arts.
    (d) With funds appropriated by this Act to carry out section 5 of
    the National Foundation on the Arts and Humanities Act of 1965--
    (1) the Chairperson shall establish a grant category for
    projects, productions, workshops, or programs that are of
    national impact or availability or are able to tour several
    States;
    (2) the Chairperson shall not make grants exceeding 15
    percent, in the aggregate, of such funds to any single State,
    excluding grants made under the authority of paragraph (1);

    [[Page 691]]

    (3) the Chairperson shall report to the Congress annually
    and by State, on grants awarded by the Chairperson in each grant
    category under section 5 of such Act; and
    (4) the Chairperson shall encourage the use of grants to
    improve and support community-based music performance and
    education.

    status of balances of appropriations

    Sec. 415.  The Department of the Interior, the Environmental
    Protection Agency, the Forest Service, and the Indian Health Service
    shall provide the Committees on Appropriations of the House of
    Representatives and Senate quarterly reports on the status of balances
    of appropriations including all uncommitted, committed, and unobligated
    funds in each program and activity.

    prohibition on use of funds

    Sec. 416.  Notwithstanding any other provision of law, none of the
    funds made available in this Act or any other Act may be used to
    promulgate or implement any regulation requiring the issuance of permits
    under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon
    dioxide, nitrous oxide, water vapor, or methane emissions resulting from
    biological processes associated with livestock production.

    greenhouse gas reporting restrictions

    Sec. 417.  Notwithstanding any other provision of law, none of the
    funds made available in this or any other Act may be used to implement
    any provision in a rule, if that provision requires mandatory reporting
    of greenhouse gas emissions from manure management systems.

    funding prohibition

    Sec. 418.  None of the funds made available by this or any other Act
    may be used to regulate the lead content of ammunition, ammunition
    components, or fishing tackle under the Toxic Substances Control Act (15
    U.S.C. 2601 et seq.) or any other law.

    contracting authorities

    Sec. 419.  Section 412 of Division E of Public Law 112-74 is amended
    by striking ``fiscal year 2017'' and inserting ``fiscal year 2019''.

    chesapeake bay initiative

    Sec. 420. <>   Section 502(c) of the
    Chesapeake Bay Initiative Act of 1998 (Public Law 105-312; 16 U.S.C. 461
    note) is amended by striking ``2017'' and inserting ``2019''.

    extension of grazing permits

    Sec. 421.  The terms and conditions of section 325 of Public Law
    108-108 (117 Stat. 1307), regarding grazing permits issued by the Forest
    Service on any lands not subject to administration

    [[Page 692]]

    under section 402 of the Federal Lands Policy and Management Act (43
    U.S.C. 1752), shall remain in effect for fiscal year 2018.

    funding prohibition

    Sec. 422. (a) None of the funds made available in this Act may be
    used to maintain or establish a computer network unless such network is
    designed to block access to pornography websites.
    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities.

    forest service facility realignment and enhancement act

    Sec. 423.  Section 503(f) of the Forest Service Facility Realignment
    and Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109-54) is
    amended by striking ``2016'' and inserting ``2018''.

    use of american iron and steel

    Sec. 424. (a)(1) None of the funds made available by a State water
    pollution control revolving fund as authorized by section 1452 of the
    Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
    for the construction, alteration, maintenance, or repair of a public
    water system or treatment works unless all of the iron and steel
    products used in the project are produced in the United States.
    (2) In this section, the term ``iron and steel'' products means the
    following products made primarily of iron or steel: lined or unlined
    pipes and fittings, manhole covers and other municipal castings,
    hydrants, tanks, flanges, pipe clamps and restraints, valves, structural
    steel, reinforced precast concrete, and construction materials.
    (b) Subsection (a) shall not apply in any case or category of cases
    in which the Administrator of the Environmental Protection Agency (in
    this section referred to as the ``Administrator'') finds that--
    (1) applying subsection (a) would be inconsistent with the
    public interest;
    (2) iron and steel products are not produced in the United
    States in sufficient and reasonably available quantities and of
    a satisfactory quality; or
    (3) inclusion of iron and steel products produced in the
    United States will increase the cost of the overall project by
    more than 25 percent.

    (c) If the Administrator receives a request for a waiver under this
    section, the Administrator shall make available to the public on an
    informal basis a copy of the request and information available to the
    Administrator concerning the request, and shall allow for informal
    public input on the request for at least 15 days prior to making a
    finding based on the request. The Administrator shall make the request
    and accompanying information available by electronic means, including on
    the official public Internet Web site of the Environmental Protection
    Agency.
    (d) This section shall be applied in a manner consistent with United
    States obligations under international agreements.

    [[Page 693]]

    (e) The Administrator may retain up to 0.25 percent of the funds
    appropriated in this Act for the Clean and Drinking Water State
    Revolving Funds for carrying out the provisions described in subsection
    (a)(1) for management and oversight of the requirements of this section.

    midway island

    Sec. 425.  None of the funds made available by this Act may be used
    to destroy any buildings or structures on Midway Island that have been
    recommended by the United States Navy for inclusion in the National
    Register of Historic Places (54 U.S.C. 302101).

    john f. kennedy center reauthorization

    Sec. 426.  Section 13 of the John F. Kennedy Center Act (20 U.S.C.
    76r) is amended by striking subsections (a) and (b) and inserting the
    following:
    ``(a)  Maintenance, Repair, and Security.--There is authorized to be
    appropriated to the Board to carry out section 4(a)(1)(H), $23,740,000
    for fiscal year 2018.
    ``(b)  Capital Projects.--There is authorized to be appropriated to
    the Board to carry out subparagraphs (F) and (G) of section 4(a)(1),
    $16,775,000 for fiscal year 2018.''.

    local cooperator training agreements and transfers of excess equipment
    and supplies for wildfires

    Sec. 427.  The Secretary of the Interior is authorized to enter into
    grants and cooperative agreements with volunteer fire departments, rural
    fire departments, rangeland fire protection associations, and similar
    organizations to provide for wildland fire training and equipment,
    including supplies and communication devices. Notwithstanding 121(c) of
    title 40, United States Code, or section 521 of title 40, United States
    Code, the Secretary is further authorized to transfer title to excess
    Department of the Interior firefighting equipment no longer needed to
    carry out the functions of the Department's wildland fire management
    program to such organizations.

    alaska native regional health entities

    Sec. 428.  Section 424 of the Consolidated Appropriations Act, 2014
    (Public Law 113-76) is amended by striking ``2018'' and inserting
    ``2019''.

    treatment of certain hospitals

    Sec. 429.  Section 1886(d)(12)(C) of the Social Security Act (42
    U.S.C. 1395ww(d)(12)(C)) is amended by adding at the end the following
    new clause:
    ``(iii) Treatment of indian health service and non-
    indian health service facilities.--For purposes of
    determining whether--
    ``(I) a subsection (d) hospital of the Indian
    Health Service (whether operated by such Service
    or by an Indian tribe or tribal organization (as
    those terms are defined in section 4 of the Indian
    Health Care Improvement Act)), or

    [[Page 694]]

    ``(II) a subsection (d) hospital other than a
    hospital of the Indian Health Service meets the
    mileage criterion under clause (i) with respect to
    fiscal year 2011 or a succeeding fiscal year, the
    Secretary shall apply the policy described in the
    regulation at part 412.101(e) of title 42, Code of
    Federal Regulations (as in effect on the date of
    enactment of this clause).''.

    infrastructure

    Sec. 430. (a) For an additional amount for ``Environmental
    Protection Agency--Hazardous Substance Superfund'', $63,000,000, of
    which $54,389,000 shall be for the Superfund Remedial program and
    $8,611,000 shall be for the Superfund Emergency Response and Removal
    program, to remain available until expended, consisting of such sums as
    are available in the Trust Fund on September 30, 2017, as authorized by
    section 517(a) of the Superfund Amendments and Reauthorization Act of
    1986 (SARA) and up to $63,000,000 as a payment from general revenues to
    the Hazardous Substance Superfund for purposes as authorized by section
    517(b) of SARA.
    (b) For an additional amount for ``Environmental Protection Agency--
    State and Tribal Assistance Grants,'' for environmental programs and
    infrastructure assistance, including capitalization grants for State
    revolving funds and performance partnership grants, $650,000,000 to
    remain available until expended, of which--
    (1) $300,000,000 shall be for making capitalization grants
    for the Clean Water State Revolving Funds under title VI of the
    Federal Water Pollution Control Act; and of which $300,000,000
    shall be for making capitalization grants for the Drinking Water
    State Revolving Funds under section 1452 of the Safe Drinking
    Water Act;
    (2) $20,000,000 shall be for grants for small and
    disadvantaged communities authorized in section 2104 of the
    Water Infrastructure Improvements for the Nation Act (Public Law
    114-322);
    (3) $20,000,000 shall be for grants for lead testing in
    school and child care program drinking water authorized in
    section 2107 of the Water Infrastructure Improvements for the
    Nation Act (Public Law 114-322);
    (4) $10,000,000 shall be for grants for reducing lead in
    drinking water authorized in section 2105 of the Water
    Infrastructure Improvements for the Nation Act (Public Law 114-
    322).

    (c) For an additional amount for ``Environmental Protection Agency--
    Water Infrastructure Finance and Innovation Program Account'',
    $53,000,000, to remain available until expended, for the cost of direct
    loans, for the cost of guaranteed loans, and for administrative expenses
    to carry out the direct and guaranteed loan programs, of which
    $3,000,000, to remain available until September 30, 2019, may be used
    for such administrative expenses:  Provided, That these additional funds
    are available to subsidize gross obligations for the principal amount of
    direct loans, including capitalized interest, and total loan principal,
    including capitalized interest, any part of which is to be guaranteed,
    not to exceed $6,100,000,000.

    [[Page 695]]

    policies relating to biomass energy

    Sec. 431.  To support the key role that forests in the United States
    can play in addressing the energy needs of the United States, the
    Secretary of Energy, the Secretary of Agriculture, and the Administrator
    of the Environmental Protection Agency shall, consistent with their
    missions, jointly--
    (1) ensure that Federal policy relating to forest
    bioenergy--
    (A) is consistent across all Federal departments and
    agencies; and
    (B) recognizes the full benefits of the use of
    forest biomass for energy, conservation, and responsible
    forest management; and
    (2) establish clear and simple policies for the use of
    forest biomass as an energy solution, including policies that--
    (A) reflect the carbon-neutrality of forest
    bioenergy and recognize biomass as a renewable energy
    source, provided the use of forest biomass for energy
    production does not cause conversion of forests to non-
    forest use.
    (B) encourage private investment throughout the
    forest biomass supply chain, including in--
    (i) working forests;
    (ii) harvesting operations;
    (iii) forest improvement operations;
    (iv) forest bioenergy production;
    (v) wood products manufacturing; or
    (vi) paper manufacturing;
    (C) encourage forest management to improve forest
    health; and
    (D) recognize State initiatives to produce and use
    forest biomass.

    clarification of exemptions

    Sec. 432.  None of the funds made available in this Act may be used
    to require a permit for the discharge of dredged or fill material under
    the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for the
    activities identified in subparagraphs (A) and (C) of section 404(f)(1)
    of the Act (33 U.S.C. 1344(f)(1)(A), (C)).

    small remote incinerators

    Sec. 433.  None of the funds made available in this Act may be used
    to implement or enforce the regulation issued on March 21, 2011 at 40
    CFR part 60 subparts CCCC and DDDD with respect to units in the State of
    Alaska that are defined as ``small, remote incinerator'' units in those
    regulations and, until a subsequent regulation is issued, the
    Administrator shall implement the law and regulations in effect prior to
    such date.
    This division may be cited as the ``Department of the Interior,
    Environment, and Related Agencies Appropriations Act, 2018''.

    [[Page 696]]

    DIVISION H-- <> DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION,
    AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

    TITLE I <>

    DEPARTMENT OF LABOR

    Employment and Training Administration

    training and employment services

    For necessary expenses of the Workforce Innovation and Opportunity
    Act (referred to in this Act as ``WIOA''), the Second Chance Act of
    2007, and the National Apprenticeship Act, $3,486,200,000, plus
    reimbursements, shall be available. Of the amounts provided:
    (1) for grants to States for adult employment and training
    activities, youth activities, and dislocated worker employment
    and training activities, $2,789,832,000 as follows:
    (A) $845,556,000 for adult employment and training
    activities, of which $133,556,000 shall be available for
    the period July 1, 2018 through June 30, 2019, and of
    which $712,000,000 shall be available for the period
    October 1, 2018 through June 30, 2019;
    (B) $903,416,000 for youth activities, which shall
    be available for the period April 1, 2018 through June
    30, 2019; and
    (C) $1,040,860,000 for dislocated worker employment
    and training activities, of which $180,860,000 shall be
    available for the period July 1, 2018 through June 30,
    2019, and of which $860,000,000 shall be available for
    the period October 1, 2018 through June 30, 2019:
    Provided, That the funds available for allotment to outlying
    areas to carry out subtitle B of title I of the WIOA shall not
    be subject to the requirements of section 127(b)(1)(B)(ii) of
    such Act; and
    (2) for national programs, $696,368,000 as follows:
    (A) $220,859,000 for the dislocated workers
    assistance national reserve, of which $20,859,000 shall
    be available for the period July 1, 2018 through
    September 30, 2019, and of which $200,000,000 shall be
    available for the period October 1, 2018 through
    September 30, 2019:  Provided, That funds provided to
    carry out section 132(a)(2)(A) of the WIOA may be used
    to provide assistance to a State for statewide or local
    use in order to address cases where there have been
    worker dislocations across multiple sectors or across
    multiple local areas and such workers remain dislocated;
    coordinate the State workforce development plan with
    emerging economic development needs; and train such
    eligible dislocated workers:  Provided further, That
    funds provided to carry out sections 168(b) and 169(c)
    of the WIOA may be used for technical assistance and
    demonstration projects, respectively, that provide
    assistance to new entrants in the workforce and
    incumbent workers:  Provided further, That
    notwithstanding section 168(b) of the WIOA, of the funds
    provided under this subparagraph, the Secretary of Labor
    (referred to in this title as ``Secretary'') may reserve
    not more than 10 percent of such

    [[Page 697]]

    funds to provide technical assistance and carry out
    additional activities related to the transition to the
    WIOA:  Provided further, That of the funds provided
    under this subparagraph, $30,000,000 shall be for
    training and employment assistance under sections
    168(b), 169(c) (notwithstanding the 10 percent
    limitation in such section) and 170 of the WIOA for
    workers in the Appalachian region, as defined by 40
    U.S.C. 14102(a)(1) and workers in the Lower Mississippi,
    as defined in section 4(2) of the Delta Development Act
    (Public Law 100-460, 102 Stat. 2246; 7 U.S.C.
    2009aa(2));
    (B) $54,000,000 for Native American programs under
    section 166 of the WIOA, which shall be available for
    the period July 1, 2018 through June 30, 2019;
    (C) $87,896,000 for migrant and seasonal farmworker
    programs under section 167 of the WIOA, including
    $81,447,000 for formula grants (of which not less than
    70 percent shall be for employment and training
    services), $5,922,000 for migrant and seasonal housing
    (of which not less than 70 percent shall be for
    permanent housing), and $527,000 for other discretionary
    purposes, which shall be available for the period July
    1, 2018 through June 30, 2019:  Provided, That
    notwithstanding any other provision of law or related
    regulation, the Department of Labor shall take no action
    limiting the number or proportion of eligible
    participants receiving related assistance services or
    discouraging grantees from providing such services;
    (D) $89,534,000 for YouthBuild activities as
    described in section 171 of the WIOA, which shall be
    available for the period April 1, 2018 through June 30,
    2019;
    (E) $93,079,000 for ex-offender activities, under
    the authority of section 169 of the WIOA and section 212
    of the Second Chance Act of 2007, which shall be
    available for the period April 1, 2018 through June 30,
    2019:  Provided, That of this amount, $25,000,000 shall
    be for competitive grants to national and regional
    intermediaries for activities that prepare young ex-
    offenders and school dropouts for employment, with a
    priority for projects serving high-crime, high-poverty
    areas;
    (F) $6,000,000 for the Workforce Data Quality
    Initiative, under the authority of section 169 of the
    WIOA, which shall be available for the period July 1,
    2018 through June 30, 2019; and
    (G) $145,000,000 to expand opportunities relating to
    apprenticeship programs registered under the National
    Apprenticeship Act, to be available to the Secretary to
    carry out activities through grants, cooperative
    agreements, contracts and other arrangements, with
    States and other appropriate entities, which shall be
    available for the period April 1, 2018 through June 30,
    2019.

    job corps

    (including transfer of funds)

    To carry out subtitle C of title I of the WIOA, including Federal
    administrative expenses, the purchase and hire of passenger motor

    [[Page 698]]

    vehicles, the construction, alteration, and repairs of buildings and
    other facilities, and the purchase of real property for training centers
    as authorized by the WIOA, $1,718,655,000, plus reimbursements, as
    follows:
    (1) $1,603,325,000 for Job Corps Operations, which shall be
    available for the period July 1, 2018 through June 30, 2019;
    (2) $83,000,000 for construction, rehabilitation and
    acquisition of Job Corps Centers, which shall be available for
    the period July 1, 2018 through June 30, 2021, and which may
    include the acquisition, maintenance, and repair of major items
    of equipment:  Provided, That the Secretary may transfer up to
    15 percent of such funds to meet the operational needs of such
    centers or to achieve administrative efficiencies:  Provided
    further, That any funds transferred pursuant to the preceding
    provision shall not be available for obligation after June 30,
    2019:  Provided further, That the Committees on Appropriations
    of the House of Representatives and the Senate are notified at
    least 15 days in advance of any transfer; and
    (3) $32,330,000 for necessary expenses of Job Corps, which
    shall be available for obligation for the period October 1, 2017
    through September 30, 2018:

    Provided, That no funds from any other appropriation shall be used to
    provide meal services at or for Job Corps centers.

    community service employment for older americans

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

    federal unemployment benefits and allowances

    For payments during fiscal year 2018 of trade adjustment benefit
    payments and allowances under part I of subchapter B of chapter 2 of
    title II of the Trade Act of 1974, and section 246 of that Act; and for
    training, employment and case management services, allowances for job
    search and relocation, and related State administrative expenses under
    part II of subchapter B of chapter 2 of title II of the Trade Act of
    1974, and including benefit payments, allowances, training, employment
    and case management services, and related State administration provided
    pursuant to section 231(a) of the Trade Adjustment Assistance Extension
    Act of 2011 and section 405(a) of the Trade Preferences Extension Act of
    2015, $790,000,000 together with such amounts as may be necessary to be
    charged to the subsequent appropriation for payments for any period
    subsequent to September 15, 2018:  Provided, That notwithstanding
    section 502 of this Act, any part of the appropriation provided under
    this heading may remain available for obligation beyond the current
    fiscal year pursuant to the authorities of section 245(c) of the Trade
    Act of 1974 (19 U.S.C. 2317(c)).

    [[Page 699]]

    state unemployment insurance and employment service operations

    For authorized administrative expenses, $84,066,000, together with
    not to exceed $3,380,625,000 which may be expended from the Employment
    Security Administration Account in the Unemployment Trust Fund (``the
    Trust Fund''), of which:
    (1) $2,639,600,000 from the Trust Fund is for grants to
    States for the administration of State unemployment insurance
    laws as authorized under title III of the Social Security Act
    (including not less than $120,000,000 to conduct in-person
    reemployment and eligibility assessments and unemployment
    insurance improper payment reviews, and to provide reemployment
    services and referrals to training as appropriate, for claimants
    of unemployment insurance for ex-service members under 5 U.S.C.
    8521 et. seq. and for claimants of regular unemployment
    compensation, including those who are profiled as most likely to
    exhaust their benefits in each State:  Provided, That such
    activities shall not be subject to section 306 of the Social
    Security Act; and $9,000,000 for continued support of the
    Unemployment Insurance Integrity Center of Excellence), the
    administration of unemployment insurance for Federal employees
    and for ex-service members as authorized under 5 U.S.C. 8501-
    8523, and the administration of trade readjustment allowances,
    reemployment trade adjustment assistance, and alternative trade
    adjustment assistance under the Trade Act of 1974 and under
    section 231(a) of the Trade Adjustment Assistance Extension Act
    of 2011 and section 405(a) of the Trade Preferences Extension
    Act of 2015, and shall be available for obligation by the States
    through December 31, 2018, except that funds used for automation
    shall be available for Federal obligation through December 31,
    2018, and for State obligation through September 30, 2020, or,
    if the automation is being carried out through consortia of
    States, for State obligation through September 30, 2023, and for
    expenditure through September 30, 2024, and funds for
    competitive grants awarded to States for improved operations and
    to conduct in-person reemployment and eligibility assessments
    and unemployment insurance improper payment reviews and provide
    reemployment services and referrals to training, as appropriate,
    shall be available for Federal obligation through December 31,
    2018, and for obligation by the States through September 30,
    2020, and funds for the Unemployment Insurance Integrity Center
    of Excellence shall be available for obligation by the State
    through September 30, 2019, and funds used for unemployment
    insurance workloads experienced through September 30, 2018 shall
    be available for Federal obligation through December 31, 2018;
    (2) $13,897,000 from the Trust Fund is for national
    activities necessary to support the administration of the
    Federal-State unemployment insurance system;
    (3) $645,000,000 from the Trust Fund, together with
    $21,413,000 from the General Fund of the Treasury, is for grants
    to States in accordance with section 6 of the Wagner-Peyser Act,
    and shall be available for Federal obligation for the period
    July 1, 2018 through June 30, 2019;

    [[Page 700]]

    (4) $19,818,000 from the Trust Fund is for national
    activities of the Employment Service, including administration
    of the work opportunity tax credit under section 51 of the
    Internal Revenue Code of 1986, and the provision of technical
    assistance and staff training under the Wagner-Peyser Act;
    (5) $62,310,000 from the Trust Fund is for the
    administration of foreign labor certifications and related
    activities under the Immigration and Nationality Act and related
    laws, of which $48,028,000 shall be available for the Federal
    administration of such activities, and $14,282,000 shall be
    available for grants to States for the administration of such
    activities; and
    (6) $62,653,000 from the General Fund is to provide
    workforce information, national electronic tools, and one-stop
    system building under the Wagner-Peyser Act and shall be
    available for Federal obligation for the period July 1, 2018
    through June 30, 2019:

    Provided, That to the extent that the Average Weekly Insured
    Unemployment (``AWIU'') for fiscal year 2018 is projected by the
    Department of Labor to exceed 2,246,000, an additional $28,600,000 from
    the Trust Fund shall be available for obligation for every 100,000
    increase in the AWIU level (including a pro rata amount for any
    increment less than 100,000) to carry out title III of the Social
    Security Act:  Provided further, That funds appropriated in this Act
    that are allotted to a State to carry out activities under title III of
    the Social Security Act may be used by such State to assist other States
    in carrying out activities under such title III if the other States
    include areas that have suffered a major disaster declared by the
    President under the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act:  Provided further, That the Secretary may use funds
    appropriated for grants to States under title III of the Social Security
    Act to make payments on behalf of States for the use of the National
    Directory of New Hires under section 453(j)(8) of such Act:  Provided
    further, That the Secretary may use funds appropriated for grants to
    States under title III of the Social Security Act to make payments on
    behalf of States to the entity operating the State Information Data
    Exchange System:  Provided further, That funds appropriated in this Act
    which are used to establish a national one-stop career center system, or
    which are used to support the national activities of the Federal-State
    unemployment insurance, employment service, or immigration programs, may
    be obligated in contracts, grants, or agreements with States and non-
    State entities:  Provided further, That States awarded competitive
    grants for improved operations under title III of the Social Security
    Act, or awarded grants to support the national activities of the
    Federal-State unemployment insurance system, may award subgrants to
    other States and non-State entities under such grants, subject to the
    conditions applicable to the grants:  Provided further, That funds
    appropriated under this Act for activities authorized under title III of
    the Social Security Act and the Wagner-Peyser Act may be used by States
    to fund integrated Unemployment Insurance and Employment Service
    automation efforts, notwithstanding cost allocation principles
    prescribed under the final rule entitled ``Uniform Administrative
    Requirements, Cost Principles, and Audit Requirements for Federal
    Awards'' at part 200 of title 2, Code of Federal Regulations:  Provided
    further, That the Secretary, at the request of a State participating in
    a consortium with other States, may reallot funds allotted to

    [[Page 701]]

    such State under title III of the Social Security Act to other States
    participating in the consortium in order to carry out activities that
    benefit the administration of the unemployment compensation law of the
    State making the request:  Provided further, That the Secretary may
    collect fees for the costs associated with additional data collection,
    analyses, and reporting services relating to the National Agricultural
    Workers Survey requested by State and local governments, public and
    private institutions of higher education, and nonprofit organizations
    and may utilize such sums, in accordance with the provisions of 29
    U.S.C. 9a, for the National Agricultural Workers Survey infrastructure,
    methodology, and data to meet the information collection and reporting
    needs of such entities, which shall be credited to this appropriation
    and shall remain available until September 30, 2019, for such purposes.

    advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized
    by sections 905(d) and 1203 of the Social Security Act, and to the Black
    Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
    Internal Revenue Code of 1986; and for nonrepayable advances to the
    revolving fund established by section 901(e) of the Social Security Act,
    to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to
    the ``Federal Unemployment Benefits and Allowances'' account, such sums
    as may be necessary, which shall be available for obligation through
    September 30, 2019.

    program administration

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

    Employee Benefits Security Administration

    salaries and expenses

    For necessary expenses for the Employee Benefits Security
    Administration, $181,000,000, of which up to $3,000,000 shall be made
    available through September 30, 2019, for the procurement of expert
    witnesses for enforcement litigation.

    Pension Benefit Guaranty Corporation

    pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation (``Corporation'') is
    authorized to make such expenditures, including financial assistance
    authorized by subtitle E of title IV of the Employee Retirement Income
    Security Act of 1974, within limits of funds and borrowing authority
    available to the Corporation, and in accord with law, and to make such
    contracts and commitments without regard to fiscal year limitations, as
    provided by 31 U.S.C. 9104, as may be necessary in carrying out the
    program, including associated administrative expenses, through September
    30, 2018, for the Corporation:  Provided, That none of the funds
    available to the Corporation for fiscal year 2018 shall be available for
    obligations for

    [[Page 702]]

    administrative expenses in excess of $424,417,000:  Provided further,
    That to the extent that the number of new plan participants in plans
    terminated by the Corporation exceeds 100,000 in fiscal year 2018, an
    amount not to exceed an additional $9,200,000 shall be available through
    September 30, 2019, for obligation for administrative expenses for every
    20,000 additional terminated participants:  Provided further, That
    obligations in excess of the amounts provided in this paragraph may be
    incurred for unforeseen and extraordinary pretermination expenses or
    extraordinary multiemployer program related expenses after approval by
    the Office of Management and Budget and notification of the Committees
    on Appropriations of the House of Representatives and the Senate.

    Wage and Hour Division

    salaries and expenses

    For necessary expenses for the Wage and Hour Division, including
    reimbursement to State, Federal, and local agencies and their employees
    for inspection services rendered, $227,500,000.

    Office of Labor-Management Standards

    salaries and expenses

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

    Office of Federal Contract Compliance Programs

    salaries and expenses

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

    Office of Workers' Compensation Programs

    salaries and expenses

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

    special benefits

    (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except
    administrative expenses) accruing during the current or any prior fiscal
    year authorized by 5 U.S.C. 81; continuation of benefits as provided for
    under the heading ``Civilian War Benefits'' in the Federal Security
    Agency Appropriation Act, 1947; the Employees' Compensation Commission
    Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C.
    App. 2012); obligations incurred under the War Hazards Compensation Act
    (42 U.S.C. 1701 et seq.); and 50 percent of the additional compensation
    and

    [[Page 703]]

    benefits required by section 10(h) of the Longshore and Harbor Workers'
    Compensation Act, $220,000,000, together with such amounts as may be
    necessary to be charged to the subsequent year appropriation for the
    payment of compensation and other benefits for any period subsequent to
    August 15 of the current year, for deposit into and to assume the
    attributes of the Employees' Compensation Fund established under 5
    U.S.C. 8147(a):  Provided, That amounts appropriated may be used under 5
    U.S.C. 8104 by the Secretary to reimburse an employer, who is not the
    employer at the time of injury, for portions of the salary of a re-
    employed, disabled beneficiary:  Provided further, That balances of
    reimbursements unobligated on September 30, 2017, shall remain available
    until expended for the payment of compensation, benefits, and expenses:
    Provided further, That in addition there shall be transferred to this
    appropriation from the Postal Service and from any other corporation or
    instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its
    fair share of the cost of administration, such sums as the Secretary
    determines to be the cost of administration for employees of such fair
    share entities through September 30, 2018:  Provided further, That of
    those funds transferred to this account from the fair share entities to
    pay the cost of administration of the Federal Employees' Compensation
    Act, $71,188,000 shall be made available to the Secretary as follows:
    (1) For enhancement and maintenance of automated data
    processing systems operations and telecommunications systems,
    $24,540,000;
    (2) For automated workload processing operations, including
    document imaging, centralized mail intake, and medical bill
    processing, $22,968,000;
    (3) For periodic roll disability management and medical
    review, $21,946,000;
    (4) For program integrity, $1,734,000; and
    (5) The remaining funds shall be paid into the Treasury as
    miscellaneous receipts:

    Provided further, That the Secretary may require that any person
    filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
    the Longshore and Harbor Workers' Compensation Act, provide as part of
    such notice and claim, such identifying information (including Social
    Security account number) as such regulations may prescribe.

    special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act
    of 1977, as amended by Public Law 107-275, $54,319,000, to remain
    available until expended.
    For making after July 31 of the current fiscal year, benefit
    payments to individuals under title IV of such Act, for costs incurred
    in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of
    fiscal year 2019, $15,000,000, to remain available until expended.

    administrative expenses, energy employees occupational illness
    compensation fund

    For necessary expenses to administer the Energy Employees
    Occupational Illness Compensation Program Act, $59,846,000, to remain
    available until expended:  Provided, That the Secretary may

    [[Page 704]]

    require that any person filing a claim for benefits under the Act
    provide as part of such claim such identifying information (including
    Social Security account number) as may be prescribed.

    black lung disability trust fund

    (including transfer of funds)

    Such <>  sums as may be necessary from the
    Black Lung Disability Trust Fund (the ``Fund''), to remain available
    until expended, for payment of all benefits authorized by section
    9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and
    repayment of, and payment of interest on advances, as authorized by
    section 9501(d)(4) of that Act. In addition, the following amounts may
    be expended from the Fund for fiscal year 2018 for expenses of operation
    and administration of the Black Lung Benefits program, as authorized by
    section 9501(d)(5): not to exceed $38,246,000 for transfer to the Office
    of Workers' Compensation Programs, ``Salaries and Expenses''; not to
    exceed $31,994,000 for transfer to Departmental Management, ``Salaries
    and Expenses''; not to exceed $330,000 for transfer to Departmental
    Management, ``Office of Inspector General''; and not to exceed $356,000
    for payments into miscellaneous receipts for the expenses of the
    Department of the Treasury.

    Occupational Safety and Health Administration

    salaries and expenses

    For necessary expenses for the Occupational Safety and Health
    Administration, $552,787,000, including not to exceed $100,850,000 which
    shall be the maximum amount available for grants to States under section
    23(g) of the Occupational Safety and Health Act (the ``Act''), which
    grants shall be no less than 50 percent of the costs of State
    occupational safety and health programs required to be incurred under
    plans approved by the Secretary under section 18 of the Act; and, in
    addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
    Health Administration may retain up to $499,000 per fiscal year of
    training institute course tuition and fees, otherwise authorized by law
    to be collected, and may utilize such sums for occupational safety and
    health training and education:  Provided, That notwithstanding 31 U.S.C.
    3302, the Secretary is authorized, during the fiscal year ending
    September 30, 2018, to collect and retain fees for services provided to
    Nationally Recognized Testing Laboratories, and may utilize such sums,
    in accordance with the provisions of 29 U.S.C. 9a, to administer
    national and international laboratory recognition programs that ensure
    the safety of equipment and products used by workers in the workplace:
    Provided further, That none of the funds appropriated under this
    paragraph shall be obligated or expended to prescribe, issue,
    administer, or enforce any standard, rule, regulation, or order under
    the Act which is applicable to any person who is engaged in a farming
    operation which does not maintain a temporary labor camp and employs 10
    or fewer employees:  Provided further, That no funds appropriated under
    this paragraph shall be obligated or expended to administer or enforce
    any standard, rule, regulation, or order under the Act with respect to
    any employer of 10 or fewer employees who is included within

    [[Page 705]]

    a category having a Days Away, Restricted, or Transferred (``DART'')
    occupational injury and illness rate, at the most precise industrial
    classification code for which such data are published, less than the
    national average rate as such rates are most recently published by the
    Secretary, acting through the Bureau of Labor Statistics, in accordance
    with section 24 of the Act, except--
    (1) to provide, as authorized by the Act, consultation,
    technical assistance, educational and training services, and to
    conduct surveys and studies;
    (2) to conduct an inspection or investigation in response to
    an employee complaint, to issue a citation for violations found
    during such inspection, and to assess a penalty for violations
    which are not corrected within a reasonable abatement period and
    for any willful violations found;
    (3) to take any action authorized by the Act with respect to
    imminent dangers;
    (4) to take any action authorized by the Act with respect to
    health hazards;
    (5) to take any action authorized by the Act with respect to
    a report of an employment accident which is fatal to one or more
    employees or which results in hospitalization of two or more
    employees, and to take any action pursuant to such investigation
    authorized by the Act; and
    (6) to take any action authorized by the Act with respect to
    complaints of discrimination against employees for exercising
    rights under the Act:

    Provided further, That the foregoing proviso shall not apply to any
    person who is engaged in a farming operation which does not maintain a
    temporary labor camp and employs 10 or fewer employees:  Provided
    further, That $10,537,000 shall be available for Susan Harwood training
    grants, of which the Secretary shall reserve not less than $4,500,000
    for Susan Harwood Training Capacity Building Developmental grants, as
    described in Funding Opportunity Number SHTG-GY-16-02 (referenced in the
    notice of availability of funds published in the Federal Register on May
    3, 2016 (81 Fed. Reg. 30568)) for program activities starting not later
    than September 30, 2018 and lasting for a period of 12 months:  Provided
    further, That not less than $3,500,000 shall be for Voluntary Protection
    Programs.

    Mine Safety and Health Administration

    salaries and expenses

    For necessary expenses for the Mine Safety and Health
    Administration, $373,816,000, including purchase and bestowal of
    certificates and trophies in connection with mine rescue and first-aid
    work, and the hire of passenger motor vehicles, including up to
    $2,000,000 for mine rescue and recovery activities and not less than
    $10,537,000 for State assistance grants:  Provided, That amounts
    available for State assistance grants may be used for the purchase and
    maintenance of new equipment required by the final rule entitled
    ``Lowering Miners' Exposure to Respirable Coal Mine Dust, Including
    Continuous Personal Dust Monitors'' published by the Department of Labor
    in the Federal Register on May 1, 2014 (79 Fed. Reg. 24813 et seq.), for
    operators that demonstrate financial need as determined by the
    Secretary:  Provided

    [[Page 706]]

    further, That notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may
    be collected by the National Mine Health and Safety Academy for room,
    board, tuition, and the sale of training materials, otherwise authorized
    by law to be collected, to be available for mine safety and health
    education and training activities:  Provided further <> , That notwithstanding 31 U.S.C. 3302, the Mine Safety and
    Health Administration is authorized to collect and retain up to
    $2,499,000 from fees collected for the approval and certification of
    equipment, materials, and explosives for use in mines, and may utilize
    such sums for such activities:  Provided further <> ,
    That the Secretary is authorized to accept lands, buildings, equipment,
    and other contributions from public and private sources and to prosecute
    projects in cooperation with other agencies, Federal, State, or private:
    Provided further, That the Mine Safety and Health Administration is
    authorized to promote health and safety education and training in the
    mining community through cooperative programs with States, industry, and
    safety associations:  Provided further, That the Secretary is authorized
    to recognize the Joseph A. Holmes Safety Association as a principal
    safety association and, notwithstanding any other provision of law, may
    provide funds and, with or without reimbursement, personnel, including
    service of Mine Safety and Health Administration officials as officers
    in local chapters or in the national organization:  Provided further,
    That any funds available to the Department of Labor may be used, with
    the approval of the Secretary, to provide for the costs of mine rescue
    and survival operations in the event of a major disaster.

    Bureau of Labor Statistics

    salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, including
    advances or reimbursements to State, Federal, and local agencies and
    their employees for services rendered, $547,000,000, together with not
    to exceed $65,000,000 which may be expended from the Employment Security
    Administration account in the Unemployment Trust Fund.

    Office of Disability Employment Policy

    salaries and expenses

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

    Departmental Management

    salaries and expenses

    (including transfer of funds)

    For necessary expenses for Departmental Management, including the
    hire of three passenger motor vehicles, $337,536,000, together with not
    to exceed $308,000, which may be expended from the Employment Security
    Administration account in the

    [[Page 707]]

    Unemployment Trust Fund:  Provided, That $59,825,000 for the Bureau of
    International Labor Affairs shall be available for obligation through
    December 31, 2018:  Provided further, That funds available to the Bureau
    of International Labor Affairs may be used to administer or operate
    international labor activities, bilateral and multilateral technical
    assistance, and microfinance programs, by or through contracts, grants,
    subgrants and other arrangements:  Provided further, That not more than
    $53,825,000 shall be for programs to combat exploitative child labor
    internationally and not less than $6,000,000 shall be used to implement
    model programs that address worker rights issues through technical
    assistance in countries with which the United States has free trade
    agreements or trade preference programs:  Provided further, That
    $8,040,000 shall be used for program evaluation and shall be available
    for obligation through September 30, 2019:  Provided further, That funds
    available for program evaluation may be used to administer grants for
    the purpose of evaluation:  Provided further, That grants made for the
    purpose of evaluation shall be awarded through fair and open
    competition:  Provided further, That funds available for program
    evaluation may be transferred to any other appropriate account in the
    Department for such purpose:  Provided further, That the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer:  Provided further,
    That the funds available to the Women's Bureau may be used for grants to
    serve and promote the interests of women in the workforce:  Provided
    further, That of the amounts made available to the Women's Bureau,
    $994,000 shall be used for grants authorized by the Women in
    Apprenticeship and Nontraditional Occupations Act.

    veterans employment and training

    Not to exceed $245,041,000 may be derived from the Employment
    Security Administration account in the Unemployment Trust Fund to carry
    out the provisions of chapters 41, 42, and 43 of title 38, United States
    Code, of which:
    (1) $180,000,000 is for Jobs for Veterans State grants under
    38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach
    program specialists under section 4103A of such title and local
    veterans' employment representatives under section 4104(b) of
    such title, and for the expenses described in section
    4102A(b)(5)(C), which shall be available for obligation by the
    States through December 31, 2018, and not to exceed 3 percent
    for the necessary Federal expenditures for data systems and
    contract support to allow for the tracking of participant and
    performance information:  Provided, That, in addition, such
    funds may be used to support such specialists and
    representatives in the provision of services to transitioning
    members of the Armed Forces who have participated in the
    Transition Assistance Program and have been identified as in
    need of intensive services, to members of the Armed Forces who
    are wounded, ill, or injured and receiving treatment in military
    treatment facilities or warrior transition units, and to the
    spouses or other family caregivers of such wounded, ill, or
    injured members;
    (2) $19,500,000 is for carrying out the Transition
    Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;

    [[Page 708]]

    (3) $42,127,000 is for Federal administration of chapters
    41, 42, and 43 of title 38, United States Code; and
    (4) $3,414,000 is for the National Veterans' Employment and
    Training Services Institute under 38 U.S.C. 4109:

    Provided, That the Secretary may reallocate among the appropriations
    provided under paragraphs (1) through (4) above an amount not to exceed
    3 percent of the appropriation from which such reallocation is made.
    In addition, from the General Fund of the Treasury, $50,000,000 is
    for carrying out programs to assist homeless veterans and veterans at
    risk of homelessness who are transitioning from certain institutions
    under sections 2021, 2021A, and 2023 of title 38, United States Code:
    Provided, That notwithstanding subsections (c)(3) and (d) of section
    2023, the Secretary may award grants through September 30, 2018, to
    provide services under such section:  Provided further, That services
    provided under section 2023 may include, in addition to services to the
    individuals described in subsection (e) of such section, services to
    veterans recently released from incarceration who are at risk of
    homelessness.
    In addition, fees may be assessed and deposited in the HIRE Vets
    Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, as
    amended herein, and such amounts shall be available to the Secretary to
    carry out the HIRE Vets Medallion Award Program, as authorized by such
    Act, and shall remain available until expended:  Provided, That such
    sums shall be in addition to any other funds available for such
    purposes, including funds available under paragraph (3) of this heading:
    Provided further, That section 2(d) of division O of the Consolidated
    Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall
    not apply.

    it modernization

    For necessary expenses for Department of Labor centralized
    infrastructure technology investment activities related to support
    systems and modernization, $20,769,000, which shall be available through
    September 30, 2019.

    office of inspector general

    For salaries and expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $83,487,000, together with not to exceed $5,660,000 which may be
    expended from the Employment Security Administration account in the
    Unemployment Trust Fund.

    General Provisions

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

    (transfer of funds)

    Sec. 102.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year

    [[Page 709]]

    for the Department of Labor in this Act may be transferred between a
    program, project, or activity, but no such program, project, or activity
    shall be increased by more than 3 percent by any such transfer:
    Provided, That the transfer authority granted by this section shall not
    be used to create any new program or to fund any project or activity for
    which no funds are provided in this Act:  Provided further, That the
    Committees on Appropriations of the House of Representatives and the
    Senate are notified at least 15 days in advance of any transfer.
    Sec. 103.  In accordance with Executive Order 13126, none of the
    funds appropriated or otherwise made available pursuant to this Act
    shall be obligated or expended for the procurement of goods mined,
    produced, manufactured, or harvested or services rendered, in whole or
    in part, by forced or indentured child labor in industries and host
    countries already identified by the United States Department of Labor
    prior to enactment of this Act.
    Sec. 104.  Except as otherwise provided in this section, none of the
    funds made available to the Department of Labor for grants under section
    414(c) of the American Competitiveness and Workforce Improvement Act of
    1998 (29 U.S.C. 2916a) may be used for any purpose other than
    competitive grants for training individuals who are older than 16 years
    of age and are not currently enrolled in school within a local
    educational agency in the occupations and industries for which employers
    are using H-1B visas to hire foreign workers, and the related activities
    necessary to support such training.
    Sec. 105.  None of the funds made available by this Act under the
    heading ``Employment and Training Administration'' shall be used by a
    recipient or subrecipient of such funds to pay the salary and bonuses of
    an individual, either as direct costs or indirect costs, at a rate in
    excess of Executive Level II. This limitation shall not apply to vendors
    providing goods and services as defined in Office of Management and
    Budget Circular A-133. Where States are recipients of such funds, States
    may establish a lower limit for salaries and bonuses of those receiving
    salaries and bonuses from subrecipients of such funds, taking into
    account factors including the relative cost-of-living in the State, the
    compensation levels for comparable State or local government employees,
    and the size of the organizations that administer Federal programs
    involved including Employment and Training Administration programs.

    (transfer of funds)

    Sec. 106. (a) Notwithstanding section 102, the Secretary may
    transfer funds made available to the Employment and Training
    Administration by this Act, either directly or through a set-aside, for
    technical assistance services to grantees to ``Program Administration''
    when it is determined that those services will be more efficiently
    performed by Federal employees:  Provided, That this section shall not
    apply to section 171 of the WIOA.
    (b) Notwithstanding section 102, the Secretary may transfer not more
    than 0.5 percent of each discretionary appropriation made available to
    the Employment and Training Administration by this Act to ``Program
    Administration'' in order to carry out program integrity activities
    relating to any of the programs or activities

    [[Page 710]]

    that are funded under any such discretionary appropriations:  Provided,
    That notwithstanding section 102 and the preceding proviso, the
    Secretary may transfer not more than 0.5 percent of funds made available
    in paragraphs (1) and (2) of the ``Office of Job Corps'' account to
    paragraph (3) of such account to carry out program integrity activities
    related to the Job Corps program:  Provided further, That funds
    transferred under the authority provided by this subsection shall be
    available for obligation through September 30, 2019.

    (transfer of funds)

    Sec. 107. (a) The Secretary may reserve not more than 0.75 percent
    from each appropriation made available in this Act identified in
    subsection (b) in order to carry out evaluations of any of the programs
    or activities that are funded under such accounts. Any funds reserved
    under this section shall be transferred to ``Departmental Management''
    for use by the Office of the Chief Evaluation Officer within the
    Department of Labor, and shall be available for obligation through
    September 30, 2019:  Provided, That such funds shall only be available
    if the Chief Evaluation Officer of the Department of Labor submits a
    plan to the Committees on Appropriations of the House of Representatives
    and the Senate describing the evaluations to be carried out 15 days in
    advance of any transfer.
    (b) The accounts referred to in subsection (a) are: ``Training and
    Employment Services'', ``Job Corps'', ``Community Service Employment for
    Older Americans'', ``State Unemployment Insurance and Employment Service
    Operations'', ``Employee Benefits Security Administration'', ``Office of
    Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office
    of Federal Contract Compliance Programs'', ``Office of Labor Management
    Standards'', ``Occupational Safety and Health Administration'', ``Mine
    Safety and Health Administration'', ``Office of Disability Employment
    Policy'', funding made available to the ``Bureau of International Labor
    Affairs'' and ``Women's Bureau'' within the ``Departmental Management,
    Salaries and Expenses'' account, and ``Veterans Employment and
    Training''.
    Sec. 108.  Notwithstanding any other provision of law, beginning
    October 1, 2017, the Secretary of Labor, in consultation with the
    Secretary of Agriculture may select an entity to operate a Civilian
    Conservation Center on a competitive basis in accordance with section
    147 of the WIOA, if the Secretary of Labor determines such Center has
    had consistently low performance under the performance accountability
    system in effect for the Job Corps program prior to July 1, 2016, or
    with respect to expected levels of performance established under section
    159(c) of such Act beginning July 1, 2016.
    Sec. 109. (a) Section 7 of the Fair Labor Standards Act of 1938 (29
    U.S.C. 207) shall be applied as if the following text is part of such
    section:
    ``(s)(1) The provisions of this section shall not apply for a period
    of 2 years after the occurrence of a major disaster to any employee--
    ``(A) employed to adjust or evaluate claims resulting from
    or relating to such major disaster, by an employer not engaged,
    directly or through an affiliate, in underwriting, selling, or

    [[Page 711]]

    marketing property, casualty, or liability insurance policies or
    contracts;
    ``(B) who receives from such employer on average weekly
    compensation of not less than $591.00 per week or any minimum
    weekly amount established by the Secretary, whichever is
    greater, for the number of weeks such employee is engaged in any
    of the activities described in subparagraph (C); and
    ``(C) whose duties include any of the following:
    ``(i) interviewing insured individuals, individuals
    who suffered injuries or other damages or losses arising
    from or relating to a disaster, witnesses, or
    physicians;
    ``(ii) inspecting property damage or reviewing
    factual information to prepare damage estimates;
    ``(iii) evaluating and making recommendations
    regarding coverage or compensability of claims or
    determining liability or value aspects of claims;
    ``(iv) negotiating settlements; or
    ``(v) making recommendations regarding litigation.

    ``(2) The exemption in this subsection shall not affect the
    exemption provided by section 13(a)(1).
    ``(3) For purposes of this subsection--
    ``(A) the term `major disaster' means any disaster or
    catastrophe declared or designated by any State or Federal
    agency or department;
    ``(B) the term `employee employed to adjust or evaluate
    claims resulting from or relating to such major disaster' means
    an individual who timely secured or secures a license required
    by applicable law to engage in and perform the activities
    described in clauses (i) through (v) of paragraph (1)(C)
    relating to a major disaster, and is employed by an employer
    that maintains worker compensation insurance coverage or
    protection for its employees, if required by applicable law, and
    withholds applicable Federal, State, and local income and
    payroll taxes from the wages, salaries and any benefits of such
    employees; and
    ``(C) the term `affiliate' means a company that, by reason
    of ownership or control of 25 percent or more of the outstanding
    shares of any class of voting securities of one or more
    companies, directly or indirectly, controls, is controlled by,
    or is under common control with, another company.''.

    (b) This section shall be effective on the date of enactment of this
    Act.

    (rescission)

    Sec. 110.  Of the funds made available under the heading
    ``Employment and Training Administration-Training and Employment
    Services'' in division H of Public Law 115-31, $12,500,000 is rescinded,
    to be derived from the amount made available in paragraph (2)(A) under
    such heading for the period October 1, 2017, through September 30, 2018.
    Sec. 111. (a) Flexibility With Respect to the Crossing of H-2B
    Nonimmigrants Working in the Seafood Industry.--
    (1) In general.--Subject to paragraph (2), if a petition for
    H-2B nonimmigrants filed by an employer in the seafood industry
    is granted, the employer may bring the nonimmigrants described
    in the petition into the United States at any time

    [[Page 712]]

    during the 120-day period beginning on the start date for which
    the employer is seeking the services of the nonimmigrants
    without filing another petition.
    (2) Requirements for crossings after 90th day.--An employer
    in the seafood industry may not bring H-2B nonimmigrants into
    the United States after the date that is 90 days after the start
    date for which the employer is seeking the services of the
    nonimmigrants unless the employer--
    (A) completes a new assessment of the local labor
    market by--
    (i) listing job orders in local newspapers on
    2 separate Sundays; and
    (ii) posting the job opportunity on the
    appropriate Department of Labor Electronic Job
    Registry and at the employer's place of
    employment; and
    (B) offers the job to an equally or better qualified
    United States worker who--
    (i) applies for the job; and
    (ii) will be available at the time and place
    of need.
    (3) Exemption from rules with respect to staggering.--The
    Secretary of Labor shall not consider an employer in the seafood
    industry who brings H-2B nonimmigrants into the United States
    during the 120-day period specified in paragraph (1) to be
    staggering the date of need in violation of section 655.20(d) of
    title 20, Code of Federal Regulations, or any other applicable
    provision of law.

    (b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
    nonimmigrants'' means aliens admitted to the United States pursuant to
    section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
    U.S.C. 1101(a)(15)(H)(ii)(B)).
    Sec. 112.  The determination of prevailing wage for the purposes of
    the H-2B program shall be the greater of--(1) the actual wage level paid
    by the employer to other employees with similar experience and
    qualifications for such position in the same location; or (2) the
    prevailing wage level for the occupational classification of the
    position in the geographic area in which the H-2B nonimmigrant will be
    employed, based on the best information available at the time of filing
    the petition. In the determination of prevailing wage for the purposes
    of the H-2B program, the Secretary shall accept private wage surveys
    even in instances where Occupational Employment Statistics survey data
    are available unless the Secretary determines that the methodology and
    data in the provided survey are not statistically supported.
    Sec. 113.  None of the funds in this Act shall be used to enforce
    the definition of corresponding employment found in 20 CFR 655.5 or the
    three-fourths guarantee rule definition found in 20 CFR 655.20, or any
    references thereto. Further, for the purpose of regulating admission of
    temporary workers under the H-2B program, the definition of temporary
    need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
    Sec. 114.  Notwithstanding any other provision of law, the Secretary
    may furnish through grants, cooperative agreements, contracts, and other
    arrangements, up to $2,000,000 of excess personal property to
    apprenticeship programs for the purpose of training apprentices in those
    programs.
    Sec. 115.  The proviso at the end of paragraph (1) under the heading
    ``Department of Labor--Employment and Training

    [[Page 713]]

    Administration--State Unemployment Insurance and Employment Service
    Operations'' in title I of division G of Public Law 113-235 shall be
    applied in fiscal year 2018 by substituting ``seven'' for ``six''.
    Sec. 116.  Section 5(b) of the HIRE Vets Act (division O of Public
    Law 115-31) <>  is amended to read as follows:

    ``(b) To the extent provided in advance in appropriations Acts, the
    Secretary may assess a reasonable fee on employers that apply for
    receipt of a HIRE Vets Medallion Award and the Secretary shall deposit
    such fees into the HIRE Vets Medallion Award Fund. The Secretary shall
    establish the amount of the fee such that the amounts collected as fees
    and deposited into the Fund are sufficient to cover the costs associated
    with carrying out this division.''.
    Sec. 117. (a) The Act entitled ``An Act to create a Department of
    Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be
    applied as if the following text is part of such Act:

    ``SEC. 12. SECURITY DETAIL.

    ``(a) In General.--The Secretary of Labor is authorized to employ
    law enforcement officers or special agents to--
    ``(1) provide protection for the Secretary of Labor during
    the workday of the Secretary and during any activity that is
    preliminary or postliminary to the performance of official
    duties by the Secretary;
    ``(2) provide protection, incidental to the protection
    provided to the Secretary, to a member of the immediate family
    of the Secretary who is participating in an activity or event
    relating to the official duties of the Secretary;
    ``(3) provide continuous protection to the Secretary
    (including during periods not described in paragraph (1)) and to
    the members of the immediate family of the Secretary if there is
    a unique and articulable threat of physical harm, in accordance
    with guidelines established by the Secretary; and
    ``(4) provide protection to the Deputy Secretary of Labor or
    another senior officer representing the Secretary of Labor at a
    public event if there is a unique and articulable threat of
    physical harm, in accordance with guidelines established by the
    Secretary.

    ``(b) Authorities.--The Secretary of Labor may authorize a law
    enforcement officer or special agent employed under subsection (a), for
    the purpose of performing the duties authorized under subsection (a),
    to--
    ``(1) carry firearms;
    ``(2) make arrests without a warrant for any offense against
    the United States committed in the presence of such officer or
    special agent;
    ``(3) perform protective intelligence work, including
    identifying and mitigating potential threats and conducting
    advance work to review security matters relating to sites and
    events;
    ``(4) coordinate with local law enforcement agencies; and
    ``(5) initiate criminal and other investigations into
    potential threats to the security of the Secretary, in
    coordination with the Inspector General of the Department of
    Labor.

    [[Page 714]]

    ``(c) Compliance With Guidelines.--A law enforcement officer or
    special agent employed under subsection (a) shall exercise any authority
    provided under this section in accordance with any--
    ``(1) guidelines issued by the Attorney General; and
    ``(2) guidelines prescribed by the Secretary of Labor.''.

    (b) This section shall be effective on the date of enactment of this
    Act.
    Sec. 118.  The Secretary is authorized to dispose of or divest, by
    any means the Secretary determines appropriate, including an agreement
    or partnership to construct a new Job Corps center, all or a portion of
    the real property on which the Treasure Island Job Corps Center is
    situated. Any sale or other disposition will not be subject to any
    requirement of any Federal law or regulation relating to the disposition
    of Federal real property, including but not limited to Subchapter III of
    Chapter 5 of Title 40 of the United States Code and Subchapter V of
    Chapter 119 of Title 42 of the United States Code. The net proceeds of
    such a sale shall be transferred to the Secretary, which shall be
    available until expended to carry out the Job Corps Program.
    This title may be cited as the ``Department of Labor Appropriations
    Act, 2018''.

    TITLE II <>

    DEPARTMENT OF HEALTH AND HUMAN SERVICES

    Health Resources and Services Administration

    primary health care

    For carrying out titles II and III of the Public Health Service Act
    (referred to in this Act as the ``PHS Act'') with respect to primary
    health care and the Native Hawaiian Health Care Act of 1988,
    $1,626,522,000:  Provided, That no more than $1,000,000 shall be
    available until expended for carrying out the provisions of section
    224(o) of the PHS Act:  Provided further, That no more than $114,893,000
    shall be available until expended for carrying out subsections (g)
    through (n) and (q) of section 224 of the PHS Act, and for expenses
    incurred by the Department of Health and Human Services (referred to in
    this Act as ``HHS'') pertaining to administrative claims made under such
    law:  Provided further, That the ninth provisos under the heading
    ``Department of Health and Human Services--Health Resources and Services
    Administration--Health Resources and Services'' in Public Laws 104-208
    and 105-78 are amended by striking ``$80,000,000'' and inserting
    ``$152,700,000'' in each such ninth proviso and by adding at the end of
    each such ninth proviso the following new proviso: ``Provided further,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:'':
    Provided further, That of funds provided for the Health Centers program,
    as defined by section 330 of the PHS Act, by this Act or any other Act
    for fiscal year 2018, not less than $200,000,000 shall be obligated in
    fiscal year 2018 for improving quality of care or expanded service
    grants under section 330 of the PHS Act to support and enhance
    behavioral health, mental health, or substance use disorder services.
    Of the funds made available under this heading, $20,000,000 shall
    remain available until expended for the cost of guaranteed

    [[Page 715]]

    loans, as authorized under part A of title XVI of the PHS Act, for non-
    Federal lenders for the construction, renovation, and modernization of
    medical facilities that are operated by health centers:  Provided, That
    such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That such funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $743,494,000.

    health workforce

    For carrying out titles III, VII, and VIII of the PHS Act with
    respect to the health workforce, sections 1128E and 1921 of the Social
    Security Act, and the Health Care Quality Improvement Act of 1986,
    $1,060,695,000, of which $111,916,000 shall remain available through
    September 30, 2019 to carry out sections 755 and 756 of the PHS Act:
    Provided, That sections 747(c)(2), 751(j)(2), 762(k), and the
    proportional funding amounts in paragraphs (1) through (4) of section
    756(f) of the PHS Act shall not apply to funds made available under this
    heading:  Provided further <> , That for any
    program operating under section 751 of the PHS Act on or before January
    1, 2009, the Secretary of Health and Human Services (referred to in this
    title as the ``Secretary'') may hereafter waive any of the requirements
    contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the
    full project period of a grant under such section:  Provided further,
    That no funds shall be available for section 340G-1 of the PHS Act:
    Provided further, That fees collected for the disclosure of information
    under section 427(b) of the Health Care Quality Improvement Act of 1986
    and sections 1128E(d)(2) and 1921 of the Social Security Act shall be
    sufficient to recover the full costs of operating the programs
    authorized by such sections and shall remain available until expended
    for the National Practitioner Data Bank:  Provided further, That funds
    transferred to this account to carry out section 846 and subpart 3 of
    part D of title III of the PHS Act may be used to make prior year
    adjustments to awards made under such sections:  Provided further, That
    $105,000,000 shall remain available until expended, for the purposes of
    providing primary health services, be used to assign National Health
    Service Corps (``NHSC'') members to expand the delivery of substance use
    disorder treatment services, notwithstanding the assignment priorities
    and limitations in or under sections 333(a)(1)(D), 333(b), and
    333A(a)(1)(B)(ii) of the PHS Act, and to make NHSC Loan Repayment
    Program awards under section 338B of such Act:  Provided further, That
    for purposes of the previous proviso, section 331(a)(3)(D) of the PHS
    Act shall be applied as if the term ``primary health services'' includes
    clinical substance use disorder treatment services, including those
    provided by masters level, licensed substance use disorder treatment
    counselors.

    maternal and child health

    For carrying out titles III, XI, XII, and XIX of the PHS Act with
    respect to maternal and child health, title V of the Social Security
    Act, and section 712 of the American Jobs Creation Act of 2004,
    $886,789,000, of which $10,000,000 shall remain available through
    September 30, 2022 to carry out section 330M of the PHS Act:  Provided,
    That notwithstanding sections 502(a)(1) and

    [[Page 716]]

    502(b)(1) of the Social Security Act, not more than $83,593,000 shall be
    available for carrying out special projects of regional and national
    significance pursuant to section 501(a)(2) of such Act and $10,276,000
    shall be available for projects described in subparagraphs (A) through
    (F) of section 501(a)(3) of such Act.

    ryan white hiv/aids program

    For carrying out title XXVI of the PHS Act with respect to the Ryan
    White HIV/AIDS program, $2,318,781,000, of which $1,970,881,000 shall
    remain available to the Secretary through September 30, 2020, for parts
    A and B of title XXVI of the PHS Act, and of which not less than
    $900,313,000 shall be for State AIDS Drug Assistance Programs under the
    authority of section 2616 or 311(c) of such Act.

    health care systems

    For carrying out titles III and XII of the PHS Act with respect to
    health care systems, and the Stem Cell Therapeutic and Research Act of
    2005, $111,693,000, of which $122,000 shall be available until expended
    for facilities renovations at the Gillis W. Long Hansen's Disease
    Center.

    rural health

    For carrying out titles III and IV of the PHS Act with respect to
    rural health, section 427(a) of the Federal Coal Mine Health and Safety
    Act of 1969, and sections 711 and 1820 of the Social Security Act,
    $290,794,000, of which $49,609,000 from general revenues,
    notwithstanding section 1820(j) of the Social Security Act, shall be
    available for carrying out the Medicare rural hospital flexibility
    grants program:  Provided, That of the funds made available under this
    heading for Medicare rural hospital flexibility grants, $15,942,000
    shall be available for the Small Rural Hospital Improvement Grant
    Program for quality improvement and adoption of health information
    technology and up to $1,000,000 shall be to carry out section 1820(g)(6)
    of the Social Security Act, with funds provided for grants under section
    1820(g)(6) available for the purchase and implementation of telehealth
    services, including pilots and demonstrations on the use of electronic
    health records to coordinate rural veterans care between rural providers
    and the Department of Veterans Affairs electronic health record system:
    Provided further, That notwithstanding section 338J(k) of the PHS Act,
    $10,000,000 shall be available for State Offices of Rural Health:
    Provided further, That $15,000,000 shall remain available through
    September 30, 2020 to support the Rural Residency Development Program:
    Provided further, That $100,000,000 shall remain available through
    September 30, 2022, for the Rural Communities Opioids Response Program.

    family planning

    For carrying out the program under title X of the PHS Act to provide
    for voluntary family planning projects, $286,479,000:  Provided, That
    amounts provided to said projects under such title shall not be expended
    for abortions, that all pregnancy counseling shall be nondirective, and
    that such amounts shall not be expended

    [[Page 717]]

    for any activity (including the publication or distribution of
    literature) that in any way tends to promote public support or
    opposition to any legislative proposal or candidate for public office.

    program management

    For program support in the Health Resources and Services
    Administration, $155,000,000:  Provided, That funds made available under
    this heading may be used to supplement program support funding provided
    under the headings ``Primary Health Care'', ``Health Workforce'',
    ``Maternal and Child Health'', ``Ryan White HIV/AIDS Program'', ``Health
    Care Systems'', and ``Rural Health''.

    vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust Fund
    (the ``Trust Fund''), such sums as may be necessary for claims
    associated with vaccine-related injury or death with respect to vaccines
    administered after September 30, 1988, pursuant to subtitle 2 of title
    XXI of the PHS Act, to remain available until expended:  Provided, That
    for necessary administrative expenses, not to exceed $9,200,000 shall be
    available from the Trust Fund to the Secretary.

    Centers for Disease Control and Prevention

    immunization and respiratory diseases

    For carrying out titles II, III, XVII, and XXI, and section 2821 of
    the PHS Act, titles II and IV of the Immigration and Nationality Act,
    and section 501 of the Refugee Education Assistance Act, with respect to
    immunization and respiratory diseases, $474,055,000.

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

    For carrying out titles II, III, XVII, and XXIII of the PHS Act with
    respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and
    tuberculosis prevention, $1,127,278,000.

    emerging and zoonotic infectious diseases

    For carrying out titles II, III, and XVII, and section 2821 of the
    PHS Act, titles II and IV of the Immigration and Nationality Act, and
    section 501 of the Refugee Education Assistance Act, with respect to
    emerging and zoonotic infectious diseases, $562,572,000.

    chronic disease prevention and health promotion

    For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
    Act with respect to chronic disease prevention and health promotion,
    $915,346,000:  Provided, That funds appropriated under this account may
    be available for making grants under section 1509 of the PHS Act for not
    less than 21 States, tribes, or tribal organizations:  Provided further,
    That of the funds made available under this heading, $15,000,000 shall
    be available to continue and expand community specific extension and
    outreach programs to

    [[Page 718]]

    combat obesity in counties with the highest levels of obesity:  Provided
    further, That the proportional funding requirements under section
    1503(a) of the PHS Act shall not apply to funds made available under
    this heading.

    birth defects, developmental disabilities, disabilities and health

    For carrying out titles II, III, XI, and XVII of the PHS Act with
    respect to birth defects, developmental disabilities, disabilities and
    health, $140,560,000.

    public health scientific services

    For carrying out titles II, III, and XVII of the PHS Act with
    respect to health statistics, surveillance, health informatics, and
    workforce development, $490,397,000.

    environmental health

    For carrying out titles II, III, and XVII of the PHS Act with
    respect to environmental health, $188,750,000.

    injury prevention and control

    For carrying out titles II, III, and XVII of the PHS Act with
    respect to injury prevention and control, $648,559,000, of which
    $475,579,000 shall remain available until September 30, 2019 for an
    evidence-based opioid drug overdose prevention program.

    national institute for occupational safety and health

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

    energy employees occupational illness compensation program

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

    global health

    For carrying out titles II, III, and XVII of the PHS Act with
    respect to global health, $488,621,000, of which (1) $128,421,000 shall
    remain available through September 30, 2019 for international HIV/AIDS
    and (2) $50,000,000 shall remain available through September 30, 2020
    for Global Disease Detection and Emergency Response:  Provided, That
    funds may be used for purchase and insurance of official motor vehicles
    in foreign countries.

    [[Page 719]]

    public health preparedness and response

    For carrying out titles II, III, and XVII of the PHS Act with
    respect to public health preparedness and response, and for expenses
    necessary to support activities related to countering potential
    biological, nuclear, radiological, and chemical threats to civilian
    populations, $1,450,000,000, of which $610,000,000 shall remain
    available until expended for the Strategic National Stockpile:
    Provided, That in the event the Director of the Centers for Disease
    Control and Prevention (referred to in this title as ``CDC'') activates
    the Emergency Operations Center, the Director of the CDC may detail CDC
    staff without reimbursement for up to 90 days to support the work of the
    CDC Emergency Operations Center, so long as the Director provides a
    notice to the Committees on Appropriations of the House of
    Representatives and the Senate within 15 days of the use of this
    authority and a full report within 30 days after use of this authority
    which includes the number of staff and funding level broken down by the
    originating center and number of days detailed:  Provided further, That
    funds appropriated under this heading may be used to support a contract
    for the operation and maintenance of an aircraft in direct support of
    activities throughout CDC to ensure the agency is prepared to address
    public health preparedness emergencies.

    buildings and facilities

    (including transfer of funds)

    For acquisition of real property, equipment, construction,
    demolition, and renovation of facilities, $270,000,000, which shall
    remain available until September 30, 2022, of which $240,000,000 shall
    be for a CDC biosafety level 4 laboratory:  Provided, That in addition
    to the amount provided, $240,000,000 shall be for a CDC biosafety level
    4 laboratory for the purposes described in the previous proviso and
    shall be derived by transfer from the Fund established by Public Law
    110-161, division G, title II, section 223 and shall remain available
    until September 30, 2022:  Provided further, That funds previously set-
    aside by CDC for repair and upgrade of the Lake Lynn Experimental Mine
    and Laboratory shall be used to acquire a replacement mine safety
    research facility:  Provided further, That in addition, the prior year
    unobligated balance of any amounts assigned to former employees in
    accounts of CDC made available for Individual Learning Accounts shall be
    credited to and merged with the amounts made available under this
    heading to support the replacement of the mine safety research facility.

    cdc-wide activities and program support

    For carrying out titles II, III, XVII and XIX, and section 2821 of
    the PHS Act and for cross-cutting activities and program support for
    activities funded in other appropriations included in this Act for the
    Centers for Disease Control and Prevention, $113,570,000:  Provided,
    That paragraphs (1) through (3) of subsection (b) of section 2821 of the
    PHS Act shall not apply to funds appropriated under this heading and in
    all other accounts of the CDC:  Provided further, That employees of CDC
    or the Public Health Service, both civilian and commissioned officers,
    detailed to States, municipalities, or other organizations under
    authority of section 214 of the PHS

    [[Page 720]]

    Act, or in overseas assignments, shall be treated as non-Federal
    employees for reporting purposes only and shall not be included within
    any personnel ceiling applicable to the Agency, Service, or HHS during
    the period of detail or assignment:  Provided further, That CDC may use
    up to $10,000 from amounts appropriated to CDC in this Act for official
    reception and representation expenses when specifically approved by the
    Director of CDC:  Provided further, That in addition, such sums as may
    be derived from authorized user fees, which shall be credited to the
    appropriation charged with the cost thereof:  Provided further, That
    with respect to the previous proviso, authorized user fees from the
    Vessel Sanitation Program and the Respirator Certification Program shall
    be available through September 30, 2019.

    National Institutes of Health

    national cancer institute

    For carrying out section 301 and title IV of the PHS Act with
    respect to cancer, $5,664,800,000, of which up to $30,000,000 may be
    used for facilities repairs and improvements at the National Cancer
    Institute--Frederick Federally Funded Research and Development Center in
    Frederick, Maryland.

    national heart, lung, and blood institute

    For carrying out section 301 and title IV of the PHS Act with
    respect to cardiovascular, lung, and blood diseases, and blood and blood
    products, $3,383,201,000.

    national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the PHS Act with
    respect to dental and craniofacial diseases, $447,735,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the PHS Act with
    respect to diabetes and digestive and kidney disease, $1,970,797,000.

    national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the PHS Act with
    respect to neurological disorders and stroke, $2,145,149,000:  Provided,
    That $250,000,000 shall be available until September 30, 2019 for
    research related to opioid addiction, development of opioid
    alternatives, pain management, and addiction treatment:  Provided
    further, That each for-profit recipient of funds provided in the
    previous proviso shall be subject to a matching requirement of funds or
    documented in-kind contributions of not less than 50 percent of the
    total funds awarded to such entity.

    national institute of allergy and infectious diseases

    For carrying out section 301 and title IV of the PHS Act with
    respect to allergy and infectious diseases, $5,260,210,000.

    [[Page 721]]

    national institute of general medical sciences

    For carrying out section 301 and title IV of the PHS Act with
    respect to general medical sciences, $2,785,400,000, of which
    $922,871,000 shall be from funds available under section 241 of the PHS
    Act:  Provided, That not less than $350,575,000 is provided for the
    Institutional Development Awards program.

    eunice kennedy shriver national institute of child health and human
    development

    For carrying out section 301 and title IV of the PHS Act with
    respect to child health and human development, $1,452,006,000.

    national eye institute

    For carrying out section 301 and title IV of the PHS Act with
    respect to eye diseases and visual disorders, $772,317,000.

    national institute of environmental health sciences

    For carrying out section 301 and title IV of the PHS Act with
    respect to environmental health sciences, $751,143,000.

    national institute on aging

    For carrying out section 301 and title IV of the PHS Act with
    respect to aging, $2,574,091,000.

    national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the PHS Act with
    respect to arthritis and musculoskeletal and skin diseases,
    $586,661,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the PHS Act with
    respect to deafness and other communication disorders, $459,974,000.

    national institute of nursing research

    For carrying out section 301 and title IV of the PHS Act with
    respect to nursing research, $158,033,000.

    national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the PHS Act with
    respect to alcohol abuse and alcoholism, $509,573,000.

    national institute on drug abuse

    For carrying out section 301 and title IV of the PHS Act with
    respect to drug abuse, $1,383,603,000:  Provided, That $250,000,000
    shall be available until September 30, 2019 for

    [[Page 722]]

    research related to opioid addiction, development of opioid
    alternatives, pain management, and addiction treatment:  Provided
    further, That each for-profit recipient of funds provided in the
    previous proviso shall be subject to a matching requirement of funds or
    documented in-kind contributions of not less than 50 percent of the
    total funds awarded to such entity.

    national institute of mental health

    For carrying out section 301 and title IV of the PHS Act with
    respect to mental health, $1,711,775,000.

    national human genome research institute

    For carrying out section 301 and title IV of the PHS Act with
    respect to human genome research, $556,881,000.

    national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the PHS Act with
    respect to biomedical imaging and bioengineering research, $377,871,000.

    national center for complementary and integrative health

    For carrying out section 301 and title IV of the PHS Act with
    respect to complementary and integrative health, $142,184,000.

    national institute on minority health and health disparities

    For carrying out section 301 and title IV of the PHS Act with
    respect to minority health and health disparities research,
    $303,200,000.

    john e. fogarty international center

    For carrying out the activities of the John E. Fogarty International
    Center (described in subpart 2 of part E of title IV of the PHS Act),
    $75,733,000.

    national library of medicine

    For carrying out section 301 and title IV of the PHS Act with
    respect to health information communications, $428,553,000:  Provided,
    That of the amounts available for improvement of information systems,
    $4,000,000 shall be available until September 30, 2019:  Provided
    further, That in fiscal year 2018, the National Library of Medicine may
    enter into personal services contracts for the provision of services in
    facilities owned, operated, or constructed under the jurisdiction of the
    National Institutes of Health (referred to in this title as ``NIH'').

    national center for advancing translational sciences

    For carrying out section 301 and title IV of the PHS Act with
    respect to translational sciences, $742,354,000:  Provided, That up to
    $25,835,000 shall be available to implement section 480

    [[Page 723]]

    of the PHS Act, relating to the Cures Acceleration Network:  Provided
    further, That at least $542,771,000 is provided to the Clinical and
    Translational Sciences Awards program.

    office of the director

    For carrying out the responsibilities of the Office of the Director,
    NIH, $1,803,293,000:  Provided, That funding shall be available for the
    purchase of not to exceed 29 passenger motor vehicles for replacement
    only:  Provided further, That all funds credited to the NIH Management
    Fund shall remain available for one fiscal year after the fiscal year in
    which they are deposited:  Provided further, That $165,000,000 shall be
    for the National Children's Study Follow-on:  Provided further, That
    $588,116,000 shall be available for the Common Fund established under
    section 402A(c)(1) of the PHS Act:  Provided further, That of the funds
    provided, $10,000 shall be for official reception and representation
    expenses when specifically approved by the Director of the NIH:
    Provided further, That the Office of AIDS Research within the Office of
    the Director of the NIH may spend up to $8,000,000 to make grants for
    construction or renovation of facilities as provided for in section
    2354(a)(5)(B) of the PHS Act.
    In addition to other funds appropriated for the Common Fund
    established under section 402A(c) of the PHS Act, $12,600,000 is
    appropriated to the Common Fund for the purpose of carrying out section
    402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
    authorized in the Gabriella Miller Kids First Research Act.

    buildings and facilities

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

    nih innovation account, cures act

    For necessary expenses to carry out the purposes described in
    section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts
    available for such purposes in the appropriations provided to the NIH in
    this Act, $496,000,000, to remain available until expended:  Provided,
    That such amounts are appropriated pursuant to section 1001(b)(3) of
    such Act, are to be derived from amounts transferred under section
    1001(b)(2)(A) of such Act, and may be transferred by the Director of the
    National Institutes of Health to other accounts of the National
    Institutes of Health solely for the purposes provided in such Act:
    Provided further, That upon a determination by the Director that funds
    transferred pursuant to the previous proviso are not necessary for the
    purposes provided, such amounts may be transferred back to the Account:
    Provided further, That the transfer authority provided under this
    heading is in addition to any other transfer authority provided by law.

    [[Page 724]]

    Substance Abuse and Mental Health Services Administration

    mental health

    For carrying out titles III, V, and XIX of the PHS Act with respect
    to mental health, and the Protection and Advocacy for Individuals with
    Mental Illness Act, $1,453,972,000:  Provided, That notwithstanding
    section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
    out section 520A shall be available for carrying out section 1971 of the
    PHS Act:  Provided further, That in addition to amounts provided herein,
    $21,039,000 shall be available under section 241 of the PHS Act to carry
    out subpart I of part B of title XIX of the PHS Act to fund section
    1920(b) technical assistance, national data, data collection and
    evaluation activities, and further that the total available under this
    Act for section 1920(b) activities shall not exceed 5 percent of the
    amounts appropriated for subpart I of part B of title XIX:  Provided
    further, That up to 10 percent of the amounts made available to carry
    out the Children's Mental Health Services program may be used to carry
    out demonstration grants or contracts for early interventions with
    persons not more than 25 years of age at clinical high risk of
    developing a first episode of psychosis:  Provided further, That section
    520E(b)(2) of the PHS Act shall not apply to funds appropriated in this
    Act for fiscal year 2018:  Provided further, That States shall expend at
    least 10 percent of the amount each receives for carrying out section
    1911 of the PHS Act to support evidence-based programs that address the
    needs of individuals with early serious mental illness, including
    psychotic disorders, regardless of the age of the individual at onset:
    Provided further, That $100,000,000 shall be available until September
    30, 2020 for grants to communities and community organizations who meet
    criteria for Certified Community Behavioral Health Clinics pursuant to
    section 223(a) of Public Law 113-93:  Provided further, That none of the
    funds provided for section 1911 of the PHS Act shall be subject to
    section 241 of such Act:  Provided further, That of the funds made
    available under this heading, $15,000,000 shall be to carry out section
    224 of the Protecting Access to Medicare Act of 2014 (Public Law 113-93;
    42 U.S.C. 290aa 22 note).

    substance abuse treatment

    For carrying out titles III and V of the PHS Act with respect to
    substance abuse treatment and title XIX of such Act with respect to
    substance abuse treatment and prevention, $3,182,306,000:  Provided,
    That $1,000,000,000 shall be for State Opioid Response Grants for
    carrying out activities pertaining to opioids undertaken by the State
    agency responsible for administering the substance abuse prevention and
    treatment block grant under subpart II of part B of title XIX of the PHS
    Act (42 U.S.C. 300x-21 et seq.):  Provided further, That of such amount
    $50,000,000 shall be made available to Indian Tribes or tribal
    organizations:  Provided further, That 15 percent of the remaining
    amount shall be for the States with the highest mortality rate related
    to opioid use disorders:  Provided further, That of the amounts provided
    for State Opioid Response Grants not more than 2 percent shall be
    available for Federal administrative expenses, training, technical
    assistance, and evaluation:  Provided further, That of the amount not
    reserved by the previous three provisos, the Secretary shall make
    allocations

    [[Page 725]]

    to States, territories, and the District of Columbia according to a
    formula using national survey results that the Secretary determines are
    the most objective and reliable measure of drug use and drug-related
    deaths:  Provided further, That the Secretary shall submit the formula
    methodology to the Committees on Appropriations of the House of
    Representatives and the Senate not less than 30 days prior to publishing
    a Funding Opportunity Announcement:  Provided further, That prevention
    and treatment activities funded through such grants may include
    education, treatment (including the provision of medication), behavioral
    health services for individuals in treatment programs, referral to
    treatment services, recovery support, and medical screening associated
    with such treatment:  Provided further, That each State, as well as the
    District of Columbia, shall receive not less than $4,000,000:  Provided
    further, That in addition to amounts provided herein, the following
    amounts shall be available under section 241 of the PHS Act: (1)
    $79,200,000 to carry out subpart II of part B of title XIX of the PHS
    Act to fund section 1935(b) technical assistance, national data, data
    collection and evaluation activities, and further that the total
    available under this Act for section 1935(b) activities shall not exceed
    5 percent of the amounts appropriated for subpart II of part B of title
    XIX; and (2) $2,000,000 to evaluate substance abuse treatment programs:
    Provided further, That none of the funds provided for section 1921 of
    the PHS Act or State Opioid Response Grants shall be subject to section
    241 of such Act.

    substance abuse prevention

    For carrying out titles III and V of the PHS Act with respect to
    substance abuse prevention, $248,219,000.

    health surveillance and program support

    For program support and cross-cutting activities that supplement
    activities funded under the headings ``Mental Health'', ``Substance
    Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
    titles III, V, and XIX of the PHS Act and the Protection and Advocacy
    for Individuals with Mental Illness Act in the Substance Abuse and
    Mental Health Services Administration, $128,830,000:  Provided, That in
    addition to amounts provided herein, $31,428,000 shall be available
    under section 241 of the PHS Act to supplement funds available to carry
    out national surveys on drug abuse and mental health, to collect and
    analyze program data, and to conduct public awareness and technical
    assistance activities:  Provided further, That, in addition, fees may be
    collected for the costs of publications, data, data tabulations, and
    data analysis completed under title V of the PHS Act and provided to a
    public or private entity upon request, which shall be credited to this
    appropriation and shall remain available until expended for such
    purposes:  Provided further, That amounts made available in this Act for
    carrying out section 501(m) of the PHS Act shall remain available
    through September 30, 2019:  Provided further, That funds made available
    under this heading may be used to supplement program support funding
    provided under the headings ``Mental Health'', ``Substance Abuse
    Treatment'', and ``Substance Abuse Prevention''.

    [[Page 726]]

    Agency for Healthcare Research and Quality

    healthcare research and quality

    For carrying out titles III and IX of the PHS Act, part A of title
    XI of the Social Security Act, and section 1013 of the Medicare
    Prescription Drug, Improvement, and Modernization Act of 2003,
    $334,000,000:  Provided, That section 947(c) of the PHS Act shall not
    apply in fiscal year 2018:  Provided further, That in addition, amounts
    received from Freedom of Information Act fees, reimbursable and
    interagency agreements, and the sale of data shall be credited to this
    appropriation and shall remain available until September 30, 2019.

    Centers for Medicare and Medicaid Services

    grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX of
    the Social Security Act, $284,798,384,000, to remain available until
    expended.
    For making, after May 31, 2018, payments to States under title XIX
    or in the case of section 1928 on behalf of States under title XIX of
    the Social Security Act for the last quarter of fiscal year 2018 for
    unanticipated costs incurred for the current fiscal year, such sums as
    may be necessary.
    For making payments to States or in the case of section 1928 on
    behalf of States under title XIX of the Social Security Act for the
    first quarter of fiscal year 2019, $134,847,759,000, to remain available
    until expended.
    Payment under such title XIX may be made for any quarter with
    respect to a State plan or plan amendment in effect during such quarter,
    if submitted in or prior to such quarter and approved in that or any
    subsequent quarter.

    payments to health care trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the
    Federal Supplementary Medical Insurance Trust Fund, as provided under
    sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections
    103(c) and 111(d) of the Social Security Amendments of 1965, section
    278(d)(3) of Public Law 97-248, and for administrative expenses incurred
    pursuant to section 201(g) of the Social Security Act, $323,497,300,000.
    In addition, for making matching payments under section 1844 and
    benefit payments under section 1860D-16 of the Social Security Act that
    were not anticipated in budget estimates, such sums as may be necessary.

    program management

    For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
    PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
    other responsibilities of the Centers for Medicare and Medicaid
    Services, not to exceed $3,669,744,000, to be transferred from the
    Federal Hospital Insurance Trust Fund and the

    [[Page 727]]

    Federal Supplementary Medical Insurance Trust Fund, as authorized by
    section 201(g) of the Social Security Act; together with all funds
    collected in accordance with section 353 of the PHS Act and section
    1857(e)(2) of the Social Security Act, funds retained by the Secretary
    pursuant to section 1893(h) of the Social Security Act, and such sums as
    may be collected from authorized user fees and the sale of data, which
    shall be credited to this account and remain available until expended:
    Provided, That all funds derived in accordance with 31 U.S.C. 9701 from
    organizations established under title XIII of the PHS Act shall be
    credited to and available for carrying out the purposes of this
    appropriation:  Provided further, That the Secretary is directed to
    collect fees in fiscal year 2018 from Medicare Advantage organizations
    pursuant to section 1857(e)(2) of the Social Security Act and from
    eligible organizations with risk-sharing contracts under section 1876 of
    that Act pursuant to section 1876(k)(4)(D) of that Act.

    health care fraud and abuse control account

    In addition to amounts otherwise available for program integrity and
    program management, $745,000,000, to remain available through September
    30, 2019, to be transferred from the Federal Hospital Insurance Trust
    Fund and the Federal Supplementary Medical Insurance Trust Fund, as
    authorized by section 201(g) of the Social Security Act, of which
    $500,368,000 shall be for the Medicare Integrity Program at the Centers
    for Medicare and Medicaid Services, including administrative costs, to
    conduct oversight activities for Medicare Advantage under Part C and the
    Medicare Prescription Drug Program under Part D of the Social Security
    Act and for activities described in section 1893(b) of such Act, of
    which $84,398,000 shall be for the Department of Health and Human
    Services Office of Inspector General to carry out fraud and abuse
    activities authorized by section 1817(k)(3) of such Act, of which
    $84,398,000 shall be for the Medicaid and Children's Health Insurance
    Program (``CHIP'') program integrity activities, and of which
    $75,836,000 shall be for the Department of Justice to carry out fraud
    and abuse activities authorized by section 1817(k)(3) of such Act:
    Provided, That the report required by section 1817(k)(5) of the Social
    Security Act for fiscal year 2018 shall include measures of the
    operational efficiency and impact on fraud, waste, and abuse in the
    Medicare, Medicaid, and CHIP programs for the funds provided by this
    appropriation:  Provided further, That of the amount provided under this
    heading, $311,000,000 is provided to meet the terms of section
    251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended, and $434,000,000 is additional new budget
    authority specified for purposes of section 251(b)(2)(C) of such Act:
    Provided further, That the Secretary shall provide not less than
    $17,621,000 for the Senior Medicare Patrol program to combat health care
    fraud and abuse from the funds provided to this account.

    Administration for Children and Families

    payments to states for child support enforcement and family support
    programs

    For carrying out, except as otherwise provided, titles I, IV-D, X,
    XI, XIV, and XVI of the Social Security Act and the Act

    [[Page 728]]

    of July 5, 1960, $2,995,400,000, to remain available until expended; and
    for such purposes for the first quarter of fiscal year 2019,
    $1,400,000,000, to remain available until expended.
    For carrying out, after May 31 of the current fiscal year, except as
    otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the Social
    Security Act and the Act of July 5, 1960, for the last 3 months of the
    current fiscal year for unanticipated costs, incurred for the current
    fiscal year, such sums as may be necessary.

    low income home energy assistance

    For making payments under subsections (b) and (d) of section 2602 of
    the Low Income Home Energy Assistance Act of 1981, $3,640,304,000:
    Provided, That all but $678,500,000 of this amount shall be allocated as
    though the total appropriation for such payments for fiscal year 2018
    was less than $1,975,000,000:  Provided further, That notwithstanding
    section 2609A(a), of the amounts appropriated under section 2602(b), not
    more than $2,988,000 of such amounts may be reserved by the Secretary
    for technical assistance, training, and monitoring of program activities
    for compliance with internal controls, policies and procedures and may,
    in addition to the authorities provided in section 2609A(a)(1), use such
    funds through contracts with private entities that do not qualify as
    nonprofit organizations.

    refugee and entrant assistance

    (including transfer of funds)

    For necessary expenses for refugee and entrant assistance activities
    authorized by section 414 of the Immigration and Nationality Act and
    section 501 of the Refugee Education Assistance Act of 1980, and for
    carrying out section 462 of the Homeland Security Act of 2002, section
    235 of the William Wilberforce Trafficking Victims Protection
    Reauthorization Act of 2008, the Trafficking Victims Protection Act of
    2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
    $1,864,936,000, of which $1,830,446,000 shall remain available through
    September 30, 2020 for carrying out such sections 414, 501, 462, and
    235:  Provided, That amounts available under this heading to carry out
    the TVPA shall also be available for research and evaluation with
    respect to activities under such Act:  Provided further, That the
    limitation in section 205 of this Act regarding transfers increasing any
    appropriation shall apply to transfers to appropriations under this
    heading by substituting ``10 percent'' for ``3 percent''.

    payments to states for the child care and development block grant

    For carrying out the Child Care and Development Block Grant Act of
    1990 (``CCDBG Act''), $5,226,000,000 shall be used to supplement, not
    supplant State general revenue funds for child care assistance for low-
    income families:  Provided, That technical assistance under section
    658I(a)(3) of such Act may be provided directly, or through the use of
    contracts, grants, cooperative agreements, or interagency agreements:
    Provided further, That all funds made available to carry out section 418
    of the Social Security Act (42 U.S.C. 618), including funds appropriated
    for that purpose in such

    [[Page 729]]

    section 418 or any other provision of law, shall be subject to the
    reservation of funds authority in paragraphs (4) and (5) of section
    658O(a) of the CCDBG Act:  Provided further, That in addition to the
    amounts required to be reserved by the Secretary under section
    658O(a)(2)(A) of such Act, $156,780,000 shall be for Indian tribes and
    tribal organizations.

    social services block grant

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

    children and families services programs

    For carrying out, except as otherwise provided, the Runaway and
    Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
    the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
    the Family Violence Prevention and Services Act, the Native American
    Programs Act of 1974, title II of the Child Abuse Prevention and
    Treatment and Adoption Reform Act of 1978 (adoption opportunities), part
    B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of
    the Social Security Act, and the Community Services Block Grant Act
    (``CSBG Act''); and for necessary administrative expenses to carry out
    titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security Act,
    the Act of July 5, 1960, the Low-Income Home Energy Assistance Act of
    1981, the Child Care and Development Block Grant Act of 1990, the Assets
    for Independence Act, title IV of the Immigration and Nationality Act,
    and section 501 of the Refugee Education Assistance Act of 1980,
    $12,022,225,000, of which $75,000,000, to remain available through
    September 30, 2019, shall be for grants to States for adoption and legal
    guardianship incentive payments, as defined by section 473A of the
    Social Security Act and may be made for adoptions and legal
    guardianships completed before September 30, 2018:  Provided, That
    $9,863,095,000 shall be for making payments under the Head Start Act:
    Provided further, That of the amount in the previous proviso,
    $8,823,095,000 shall be available for payments under section 640 of the
    Head Start Act, of which $216,000,000 shall be available for a cost of
    living adjustment notwithstanding section 640(a)(3)(A) of such Act:
    Provided further, That notwithstanding such section 640, of the amount
    in the second preceding proviso, $260,000,000 (of which up to one
    percent may be reserved for research and evaluation) shall be available
    through March 31, 2019 for award by the Secretary to grantees that apply
    for supplemental funding to increase their hours of program operations
    and for training and technical assistance for such activities:  Provided
    further, That of the amount provided for making payments under the Head
    Start Act, $25,000,000 shall be available for allocation by the
    Secretary to supplement activities described in paragraphs (7)(B) and
    (9) of section 641(c) of such Act under the Designation Renewal System,
    established under the authority of sections 641(c)(7), 645A(b)(12) and
    645A(d) of such Act:  Provided further, That notwithstanding such
    section 640, of the amount provided for making payments under the Head

    [[Page 730]]

    Start Act, and in addition to funds otherwise available under such
    section 640 for such purposes, $755,000,000 shall be available through
    March 31, 2019 for Early Head Start programs as described in section
    645A of such Act, for conversion of Head Start services to Early Head
    Start services as described in section 645(a)(5)(A) of such Act, for
    discretionary grants for high quality infant and toddler care through
    Early Head Start-Child Care Partnerships, to entities defined as
    eligible under section 645A(d) of such Act, for training and technical
    assistance for such activities, and for up to $16,000,000 in Federal
    costs of administration and evaluation, and, notwithstanding section
    645A(c)(2) of such Act, these funds are available to serve children
    under age 4:  Provided further, That funds described in the preceding
    two provisos shall not be included in the calculation of ``base grant''
    in subsequent fiscal years, as such term is used in section 640(a)(7)(A)
    of such Act:  Provided further, That $250,000,000 shall be available
    until December 31, 2018 for carrying out sections 9212 and 9213 of the
    Every Student Succeeds Act:  Provided further, That up to 3 percent of
    the funds in the preceding proviso shall be available for technical
    assistance and evaluation related to grants awarded under such section
    9212:  Provided further, That $742,883,000 shall be for making payments
    under the CSBG Act:  Provided further, That $28,233,000 shall be for
    sections 680 and 678E(b)(2) of the CSBG Act, of which not less than
    $19,883,000 shall be for section 680(a)(2) and not less than $8,000,000
    shall be for section 680(a)(3)(B) of such Act:  Provided further, That,
    notwithstanding section 675C(a)(3) of such Act, to the extent Community
    Services Block Grant funds are distributed as grant funds by a State to
    an eligible entity as provided under such Act, and have not been
    expended by such entity, they shall remain with such entity for
    carryover into the next fiscal year for expenditure by such entity
    consistent with program purposes:  Provided further <> , That the Secretary shall establish procedures regarding the
    disposition of intangible assets and program income that permit such
    assets acquired with, and program income derived from, grant funds
    authorized under section 680 of the CSBG Act to become the sole property
    of such grantees after a period of not more than 12 years after the end
    of the grant period for any activity consistent with section
    680(a)(2)(A) of the CSBG Act:  Provided further, That intangible assets
    in the form of loans, equity investments and other debt instruments, and
    program income may be used by grantees for any eligible purpose
    consistent with section 680(a)(2)(A) of the CSBG Act:  Provided further,
    That these procedures shall apply to such grant funds made available
    after November 29, 1999:  Provided further, That funds appropriated for
    section 680(a)(2) of the CSBG Act shall be available for financing
    construction and rehabilitation and loans or investments in private
    business enterprises owned by community development corporations:
    Provided further, That $160,000,000 shall be for carrying out section
    303(a) of the Family Violence Prevention and Services Act, of which
    $5,000,000 shall be allocated notwithstanding section 303(a)(2) of such
    Act for carrying out section 309 of such Act:  Provided further, That
    the percentages specified in section 112(a)(2) of the Child Abuse
    Prevention and Treatment Act shall not apply to funds appropriated under
    this heading:  Provided further That $1,864,000 shall be for a human
    services case management system for federally declared disasters, to
    include a comprehensive national case management contract and Federal

    [[Page 731]]

    costs of administering the system:  Provided further, That up to
    $2,000,000 shall be for improving the Public Assistance Reporting
    Information System, including grants to States to support data
    collection for a study of the system's effectiveness.

    promoting safe and stable families

    For carrying out, except as otherwise provided, section 436 of the
    Social Security Act, $345,000,000 and, for carrying out, except as
    otherwise provided, section 437 of such Act, $99,765,000:  Provided,
    That of the funds available to carry out section 437, $59,765,000 shall
    be allocated consistent with subsections (b) through (d) of such section
    (as such section shall be so in effect on October 1, 2018):  Provided
    further, That of the funds available to carry out section 437, to assist
    in meeting the requirements described in section 471(e)(4)(C) (as such
    section shall be so in effect on October 1, 2018), $20,000,000 shall be
    for grants to each State, territory, and Indian tribe operating title
    IV-E plans for developing, enhancing, or evaluating kinship navigator
    programs, as described in section 427(a)(1) of such Act, and
    $20,000,000, in addition to funds otherwise appropriated in section 436
    for such purposes, shall be for competitive grants to regional
    partnerships as described in section 437(f):  Provided further, That
    section 437(b)(1) shall be applied to amounts in the previous proviso by
    substituting ``5 percent'' for ``3.3 percent'', and notwithstanding
    section 436(b)(1), such reserved amounts may be used for identifying,
    establishing, and disseminating practices to meet the criteria specified
    in section 471(e)(4)(C) (as such section shall be so in effect on
    October 1, 2018):  Provided further, That the reservation in section
    437(b)(2) and the limitations in section 437(d) shall not apply to funds
    specified in the second proviso:  Provided further, That the minimum
    grant award for kinship navigator programs in the case of States and
    territories shall be $200,000, and, in the case of tribes, shall be
    $25,000.

    payments for foster care and permanency

    For carrying out, except as otherwise provided, title IV-E of the
    Social Security Act, $6,225,000,000.
    For carrying out, except as otherwise provided, title IV-E of the
    Social Security Act, for the first quarter of fiscal year 2019,
    $2,700,000,000.
    For carrying out, after May 31 of the current fiscal year, except as
    otherwise provided, section 474 of title IV-E of the Social Security
    Act, for the last 3 months of the current fiscal year for unanticipated
    costs, incurred for the current fiscal year, such sums as may be
    necessary.

    Administration for Community Living

    aging and disability services programs

    (including transfer of funds)

    For carrying out, to the extent not otherwise provided, the Older
    Americans Act of 1965 (``OAA''), titles III and XXIX of the PHS Act,
    sections 1252 and 1253 of the PHS Act, section 119 of the Medicare
    Improvements for Patients and Providers Act of

    [[Page 732]]

    2008, title XX-B of the Social Security Act, the Developmental
    Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of
    subtitle D of title II of the Help America Vote Act of 2002, the
    Assistive Technology Act of 1998, titles II and VII (and section 14 with
    respect to such titles) of the Rehabilitation Act of 1973, and for
    Department-wide coordination of policy and program activities that
    assist individuals with disabilities, $2,095,100,000, together with
    $49,115,000 to be transferred from the Federal Hospital Insurance Trust
    Fund and the Federal Supplementary Medical Insurance Trust Fund to carry
    out section 4360 of the Omnibus Budget Reconciliation Act of 1990:
    Provided, That amounts appropriated under this heading may be used for
    grants to States under section 361 of the OAA only for disease
    prevention and health promotion programs and activities which have been
    demonstrated through rigorous evaluation to be evidence-based and
    effective:  Provided further, That of amounts made available under this
    heading to carry out sections 311, 331, and 336 of the OAA, up to one
    percent of such amounts shall be available for developing and
    implementing evidence-based practices for enhancing senior nutrition:
    Provided further, That notwithstanding any other provision of this Act,
    funds made available under this heading to carry out section 311 of the
    OAA may be transferred to the Secretary of Agriculture in accordance
    with such section:  Provided further, That $2,000,000 shall be for
    competitive grants to support alternative financing programs that
    provide for the purchase of assistive technology devices, such as a low-
    interest loan fund; an interest buy-down program; a revolving loan fund;
    a loan guarantee; or an insurance program:  Provided further, That
    applicants shall provide an assurance that, and information describing
    the manner in which, the alternative financing program will expand and
    emphasize consumer choice and control:  Provided further, That State
    agencies and community-based disability organizations that are directed
    by and operated for individuals with disabilities shall be eligible to
    compete:  Provided further, That none of the funds made available under
    this heading may be used by an eligible system (as defined in section
    102 of the Protection and Advocacy for Individuals with Mental Illness
    Act (42 U.S.C. 10802)) to continue to pursue any legal action in a
    Federal or State court on behalf of an individual or group of
    individuals with a developmental disability (as defined in section
    102(8)(A) of the Developmental Disabilities and Assistance and Bill of
    Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a
    mental impairment (or a combination of mental and physical impairments),
    that has as the requested remedy the closure of State operated
    intermediate care facilities for people with intellectual or
    developmental disabilities, unless reasonable public notice of the
    action has been provided to such individuals (or, in the case of mental
    incapacitation, the legal guardians who have been specifically awarded
    authority by the courts to make healthcare and residential decisions on
    behalf of such individuals) who are affected by such action, within 90
    days of instituting such legal action, which informs such individuals
    (or such legal guardians) of their legal rights and how to exercise such
    rights consistent with current Federal Rules of Civil Procedure:
    Provided further, That the limitations in the immediately preceding
    proviso shall not apply in the case of an individual who is neither
    competent to consent nor has a legal guardian, nor shall the proviso

    [[Page 733]]

    apply in the case of individuals who are a ward of the State or subject
    to public guardianship.

    Office of the Secretary

    general departmental management

    For necessary expenses, not otherwise provided, for general
    departmental management, including hire of six passenger motor vehicles,
    and for carrying out titles III, XVII, XXI, and section 229 of the PHS
    Act, the United States-Mexico Border Health Commission Act, and research
    studies under section 1110 of the Social Security Act, $470,629,000,
    together with $64,828,000 from the amounts available under section 241
    of the PHS Act to carry out national health or human services research
    and evaluation activities:  Provided, That of this amount, $53,900,000
    shall be for minority AIDS prevention and treatment activities:
    Provided further, That of the funds made available under this heading,
    $101,000,000 shall be for making competitive contracts and grants to
    public and private entities to fund medically accurate and age
    appropriate programs that reduce teen pregnancy and for the Federal
    costs associated with administering and evaluating such contracts and
    grants, of which not more than 10 percent of the available funds shall
    be for training and technical assistance, evaluation, outreach, and
    additional program support activities, and of the remaining amount 75
    percent shall be for replicating programs that have been proven
    effective through rigorous evaluation to reduce teenage pregnancy,
    behavioral risk factors underlying teenage pregnancy, or other
    associated risk factors, and 25 percent shall be available for research
    and demonstration grants to develop, replicate, refine, and test
    additional models and innovative strategies for preventing teenage
    pregnancy:  Provided further, That of the amounts provided under this
    heading from amounts available under section 241 of the PHS Act,
    $6,800,000 shall be available to carry out evaluations (including
    longitudinal evaluations) of teenage pregnancy prevention approaches:
    Provided further, That of the funds made available under this heading,
    $25,000,000 shall be for making competitive grants which exclusively
    implement education in sexual risk avoidance (defined as voluntarily
    refraining from non-marital sexual activity):  Provided further, That
    funding for such competitive grants for sexual risk avoidance shall use
    medically accurate information referenced to peer-reviewed publications
    by educational, scientific, governmental, or health organizations;
    implement an evidence-based approach integrating research findings with
    practical implementation that aligns with the needs and desired outcomes
    for the intended audience; and teach the benefits associated with self-
    regulation, success sequencing for poverty prevention, healthy
    relationships, goal setting, and resisting sexual coercion, dating
    violence, and other youth risk behaviors such as underage drinking or
    illicit drug use without normalizing teen sexual activity:  Provided
    further, That no more than 10 percent of the funding for such
    competitive grants for sexual risk avoidance shall be available for
    technical assistance and administrative costs of such programs:
    Provided further, That funds provided in this

    [[Page 734]]

    Act for embryo adoption activities may be used to provide to individuals
    adopting embryos, through grants and other mechanisms, medical and
    administrative services deemed necessary for such adoptions:  Provided
    further, That such services shall be provided consistent with 42 CFR
    59.5(a)(4).

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

    (including transfer of funds)

    For necessary expenses to carry out the purposes described in
    section 1003(c) of the 21st Century Cures Act, $500,000,000 to remain
    available until expended:  Provided, That such amounts are appropriated
    pursuant to section 1003(b)(3) of such Act, are to be derived from
    amounts transferred under section 1003(b)(2)(A) of such Act, and may be
    transferred by the Secretary of Health and Human Services to other
    accounts of the Department solely for the purposes provided in such Act:
    Provided further, That the transfer authority provided under this
    heading is in addition to any other transfer authority provided by law.

    office of medicare hearings and appeals

    For expenses necessary for the Office of Medicare Hearings and
    Appeals, $182,381,000 shall remain available until September 30, 2019,
    to be transferred in appropriate part from the Federal Hospital
    Insurance Trust Fund and the Federal Supplementary Medical Insurance
    Trust Fund.

    office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator
    for Health Information Technology, including grants, contracts, and
    cooperative agreements for the development and advancement of
    interoperable health information technology, $60,367,000.

    office of inspector general

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

    office for civil rights

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

    retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service
    Commissioned Officers as authorized by law, for payments

    [[Page 735]]

    under the Retired Serviceman's Family Protection Plan and Survivor
    Benefit Plan, and for medical care of dependents and retired personnel
    under the Dependents' Medical Care Act, such amounts as may be required
    during the current fiscal year.

    public health and social services emergency fund

    For expenses necessary to support activities related to countering
    potential biological, nuclear, radiological, chemical, and cybersecurity
    threats to civilian populations, and for other public health
    emergencies, $993,458,000, of which $536,700,000 shall remain available
    through September 30, 2019, for expenses necessary to support advanced
    research and development pursuant to section 319L of the PHS Act and
    other administrative expenses of the Biomedical Advanced Research and
    Development Authority:  Provided, That funds provided under this heading
    for the purpose of acquisition of security countermeasures shall be in
    addition to any other funds available for such purpose:  Provided
    further, That products purchased with funds provided under this heading
    may, at the discretion of the Secretary, be deposited in the Strategic
    National Stockpile pursuant to section 319F-2 of the PHS Act:  Provided
    further, That $5,000,000 of the amounts made available to support
    emergency operations shall remain available through September 30, 2020.
    For expenses necessary for procuring security countermeasures (as
    defined in section 319F-2(c)(1)(B) of the PHS Act), $710,000,000, to
    remain available until expended.
    For an additional amount for expenses necessary to prepare for or
    respond to an influenza pandemic, $250,000,000; of which $215,000,000
    shall be available until expended, for activities including the
    development and purchase of vaccine, antivirals, necessary medical
    supplies, diagnostics, and other surveillance tools:  Provided, That
    notwithstanding section 496(b) of the PHS Act, funds may be used for the
    construction or renovation of privately owned facilities for the
    production of pandemic influenza vaccines and other biologics, if the
    Secretary finds such construction or renovation necessary to secure
    sufficient supplies of such vaccines or biologics.

    General Provisions

    Sec. 201.  Funds appropriated in this title shall be available for
    not to exceed $50,000 for official reception and representation expenses
    when specifically approved by the Secretary.
    Sec. 202.  None of the funds appropriated in this title shall be
    used to pay the salary of an individual, through a grant or other
    extramural mechanism, at a rate in excess of Executive Level II.
    Sec. 203.  None of the funds appropriated in this Act may be
    expended pursuant to section 241 of the PHS Act, except for funds
    specifically provided for in this Act, or for other taps and assessments
    made by any office located in HHS, prior to the preparation and
    submission of a report by the Secretary to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the planned uses of such funds.
    Sec. 204.  Notwithstanding section 241(a) of the PHS Act, such
    portion as the Secretary shall determine, but not more than 2.5 percent,
    of any amounts appropriated for programs authorized

    [[Page 736]]

    under such Act shall be made available for the evaluation (directly, or
    by grants or contracts) and the implementation and effectiveness of
    programs funded in this title.

    (transfer of funds)

    Sec. 205.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for HHS in this
    Act may be transferred between appropriations, but no such appropriation
    shall be increased by more than 3 percent by any such transfer:
    Provided, That the transfer authority granted by this section shall not
    be used to create any new program or to fund any project or activity for
    which no funds are provided in this Act:  Provided further, That the
    Committees on Appropriations of the House of Representatives and the
    Senate are notified at least 15 days in advance of any transfer.
    Sec. 206.  In lieu of the timeframe specified in section 338E(c)(2)
    of the PHS Act, terminations described in such section may occur up to
    60 days after the execution of a contract awarded in fiscal year 2018
    under section 338B of such Act.
    Sec. 207.  None of the funds appropriated in this Act may be made
    available to any entity under title X of the PHS Act unless the
    applicant for the award certifies to the Secretary that it encourages
    family participation in the decision of minors to seek family planning
    services and that it provides counseling to minors on how to resist
    attempts to coerce minors into engaging in sexual activities.
    Sec. 208.  Notwithstanding any other provision of law, no provider
    of services under title X of the PHS Act shall be exempt from any State
    law requiring notification or the reporting of child abuse, child
    molestation, sexual abuse, rape, or incest.
    Sec. 209.  None of the funds appropriated by this Act (including
    funds appropriated to any trust fund) may be used to carry out the
    Medicare Advantage program if the Secretary denies participation in such
    program to an otherwise eligible entity (including a Provider Sponsored
    Organization) because the entity informs the Secretary that it will not
    provide, pay for, provide coverage of, or provide referrals for
    abortions:  Provided, That the Secretary shall make appropriate
    prospective adjustments to the capitation payment to such an entity
    (based on an actuarially sound estimate of the expected costs of
    providing the service to such entity's enrollees):  Provided further,
    That nothing in this section shall be construed to change the Medicare
    program's coverage for such services and a Medicare Advantage
    organization described in this section shall be responsible for
    informing enrollees where to obtain information about all Medicare
    covered services.
    Sec. 210.  None of the funds made available in this title may be
    used, in whole or in part, to advocate or promote gun control.
    Sec. 211.  The Secretary shall make available through assignment not
    more than 60 employees of the Public Health Service to assist in child
    survival activities and to work in AIDS programs through and with funds
    provided by the Agency for International Development, the United Nations
    International Children's Emergency Fund or the World Health
    Organization.
    Sec. 212.  In order for HHS to carry out international health
    activities, including HIV/AIDS and other infectious disease, chronic

    [[Page 737]]

    and environmental disease, and other health activities abroad during
    fiscal year 2018:
    (1) The Secretary may exercise authority equivalent to that
    available to the Secretary of State in section 2(c) of the State
    Department Basic Authorities Act of 1956. The Secretary shall
    consult with the Secretary of State and relevant Chief of
    Mission to ensure that the authority provided in this section is
    exercised in a manner consistent with section 207 of the Foreign
    Service Act of 1980 and other applicable statutes administered
    by the Department of State.
    (2) The Secretary is authorized to provide such funds by
    advance or reimbursement to the Secretary of State as may be
    necessary to pay the costs of acquisition, lease, alteration,
    renovation, and management of facilities outside of the United
    States for the use of HHS. The Department of State shall
    cooperate fully with the Secretary to ensure that HHS has
    secure, safe, functional facilities that comply with applicable
    regulation governing location, setback, and other facilities
    requirements and serve the purposes established by this Act. The
    Secretary is authorized, in consultation with the Secretary of
    State, through grant or cooperative agreement, to make available
    to public or nonprofit private institutions or agencies in
    participating foreign countries, funds to acquire, lease, alter,
    or renovate facilities in those countries as necessary to
    conduct programs of assistance for international health
    activities, including activities relating to HIV/AIDS and other
    infectious diseases, chronic and environmental diseases, and
    other health activities abroad.
    (3) The Secretary is authorized to provide to personnel
    appointed or assigned by the Secretary to serve abroad,
    allowances and benefits similar to those provided under chapter
    9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
    4081 through 4086 and subject to such regulations prescribed by
    the Secretary. The Secretary is further authorized to provide
    locality-based comparability payments (stated as a percentage)
    up to the amount of the locality-based comparability payment
    (stated as a percentage) that would be payable to such personnel
    under section 5304 of title 5, United States Code if such
    personnel's official duty station were in the District of
    Columbia. Leaves of absence for personnel under this subsection
    shall be on the same basis as that provided under subchapter I
    of chapter 63 of title 5, United States Code, or section 903 of
    the Foreign Service Act of 1980, to individuals serving in the
    Foreign Service.

    (transfer of funds)

    Sec. 213.  The Director of the NIH, jointly with the Director of the
    Office of AIDS Research, may transfer up to 3 percent among institutes
    and centers from the total amounts identified by these two Directors as
    funding for research pertaining to the human immunodeficiency virus:
    Provided, That the Committees on Appropriations of the House of
    Representatives and the Senate are notified at least 15 days in advance
    of any transfer.

    [[Page 738]]

    (transfer of funds)

    Sec. 214.  Of the amounts made available in this Act for NIH, the
    amount for research related to the human immunodeficiency virus, as
    jointly determined by the Director of NIH and the Director of the Office
    of AIDS Research, shall be made available to the ``Office of AIDS
    Research'' account. The Director of the Office of AIDS Research shall
    transfer from such account amounts necessary to carry out section
    2353(d)(3) of the PHS Act.
    Sec. 215. (a) Authority.--Notwithstanding any other provision of
    law, the Director of NIH (``Director'') may use funds authorized under
    section 402(b)(12) of the PHS Act to enter into transactions (other than
    contracts, cooperative agreements, or grants) to carry out research
    identified pursuant to or research and activities described in such
    section 402(b)(12).
    (b) Peer Review.--In entering into transactions under subsection
    (a), the Director may utilize such peer review procedures (including
    consultation with appropriate scientific experts) as the Director
    determines to be appropriate to obtain assessments of scientific and
    technical merit. Such procedures shall apply to such transactions in
    lieu of the peer review and advisory council review procedures that
    would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
    405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
    Sec. 216.  Not to exceed $45,000,000 of funds appropriated by this
    Act to the institutes and centers of the National Institutes of Health
    may be used for alteration, repair, or improvement of facilities, as
    necessary for the proper and efficient conduct of the activities
    authorized herein, at not to exceed $3,500,000 per project.

    (transfer of funds)

    Sec. 217.  Of the amounts made available for NIH, 1 percent of the
    amount made available for National Research Service Awards (``NRSA'')
    shall be made available to the Administrator of the Health Resources and
    Services Administration to make NRSA awards for research in primary
    medical care to individuals affiliated with entities who have received
    grants or contracts under sections 736, 739, or 747 of the PHS Act, and
    1 percent of the amount made available for NRSA shall be made available
    to the Director of the Agency for Healthcare Research and Quality to
    make NRSA awards for health service research.
    Sec. 218. (a) The Biomedical Advanced Research and Development
    Authority (``BARDA'') may enter into a contract, for more than one but
    no more than 10 program years, for purchase of research services or of
    security countermeasures, as that term is defined in section 319F-
    2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
    (1) funds are available and obligated--
    (A) for the full period of the contract or for the
    first fiscal year in which the contract is in effect;
    and
    (B) for the estimated costs associated with a
    necessary termination of the contract; and
    (2) the Secretary determines that a multi-year contract will
    serve the best interests of the Federal Government by
    encouraging full and open competition or promoting economy in
    administration, performance, and operation of BARDA's programs.

    [[Page 739]]

    (b) A contract entered into under this section--
    (1) shall include a termination clause as described by
    subsection (c) of section 3903 of title 41, United States Code;
    and
    (2) shall be subject to the congressional notice requirement
    stated in subsection (d) of such section.

    Sec. 219. (a) The Secretary shall publish in the fiscal year 2020
    budget justification and on Departmental Web sites information
    concerning the employment of full-time equivalent Federal employees or
    contractors for the purposes of implementing, administering, enforcing,
    or otherwise carrying out the provisions of the ACA, and the amendments
    made by that Act, in the proposed fiscal year and each fiscal year since
    the enactment of the ACA.
    (b) With respect to employees or contractors supported by all funds
    appropriated for purposes of carrying out the ACA (and the amendments
    made by that Act), the Secretary shall include, at a minimum, the
    following information:
    (1) For each such fiscal year, the section of such Act under
    which such funds were appropriated, a statement indicating the
    program, project, or activity receiving such funds, the Federal
    operating division or office that administers such program, and
    the amount of funding received in discretionary or mandatory
    appropriations.
    (2) For each such fiscal year, the number of full-time
    equivalent employees or contracted employees assigned to each
    authorized and funded provision detailed in accordance with
    paragraph (1).

    (c) In carrying out this section, the Secretary may exclude from the
    report employees or contractors who--
    (1) are supported through appropriations enacted in laws
    other than the ACA and work on programs that existed prior to
    the passage of the ACA;
    (2) spend less than 50 percent of their time on activities
    funded by or newly authorized in the ACA; or
    (3) work on contracts for which FTE reporting is not a
    requirement of their contract, such as fixed-price contracts.

    Sec. 220.  The Secretary shall publish, as part of the fiscal year
    2020 budget of the President submitted under section 1105(a) of title
    31, United States Code, information that details the uses of all funds
    used by the Centers for Medicare and Medicaid Services specifically for
    Health Insurance Exchanges for each fiscal year since the enactment of
    the ACA and the proposed uses for such funds for fiscal year 2020. Such
    information shall include, for each such fiscal year, the amount of
    funds used for each activity specified under the heading ``Health
    Insurance Exchange Transparency'' in the explanatory statement described
    in section 4 (in the matter preceding division A of this consolidated
    Act).
    Sec. 221. (a) The Secretary shall provide to the Committees on
    Appropriations of the House of Representatives and the Senate:
    (1) Detailed monthly enrollment figures from the Exchanges
    established under the Patient Protection and Affordable Care Act
    of 2010 pertaining to enrollments during the open enrollment
    period; and
    (2) Notification of any new or competitive grant awards,
    including supplements, authorized under section 330 of the
    Public Health Service Act.

    [[Page 740]]

    (b) The Committees on Appropriations of the House and Senate must be
    notified at least 2 business days in advance of any public release of
    enrollment information or the award of such grants.
    Sec. 222.  None of the funds made available by this Act from the
    Federal Hospital Insurance Trust Fund or the Federal Supplemental
    Medical Insurance Trust Fund, or transferred from other accounts funded
    by this Act to the ``Centers for Medicare and Medicaid Services--Program
    Management'' account, may be used for payments under section 1342(b)(1)
    of Public Law 111-148 (relating to risk corridors).
    Sec. 223.  The Secretary shall include in the fiscal year 2020
    budget justification an analysis of how section 2713 of the PHS Act will
    impact eligibility for discretionary HHS programs.

    (transfer of funds)

    Sec. 224. (a) Within 45 days of enactment of this Act, the Secretary
    shall transfer funds appropriated under section 4002 of the ACA to the
    accounts specified, in the amounts specified, and for the activities
    specified under the heading ``Prevention and Public Health Fund'' in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act).
    (b) Notwithstanding section 4002(c) of the ACA, the Secretary may
    not further transfer these amounts.
    (c) Funds transferred for activities authorized under section 2821
    of the PHS Act shall be made available without reference to section
    2821(b) of such Act.
    Sec. 225.  Effective during the period beginning on November 1, 2015
    and ending January 1, 2020, any provision of law that refers (including
    through cross-reference to another provision of law) to the current
    recommendations of the United States Preventive Services Task Force with
    respect to breast cancer screening, mammography, and prevention shall be
    administered by the Secretary involved as if--
    (1) such reference to such current recommendations were a
    reference to the recommendations of such Task Force with respect
    to breast cancer screening, mammography, and prevention last
    issued before 2009; and
    (2) such recommendations last issued before 2009 applied to
    any screening mammography modality under section 1861(jj) of the
    Social Security Act (42 U.S.C. 1395x(jj)).

    Sec. 226.  In making Federal financial assistance, the provisions
    relating to indirect costs in part 75 of title 45, Code of Federal
    Regulations, including with respect to the approval of deviations from
    negotiated rates, shall continue to apply to the National Institutes of
    Health to the same extent and in the same manner as such provisions were
    applied in the third quarter of fiscal year 2017. None of the funds
    appropriated in this or prior Acts or otherwise made available to the
    Department of Health and Human Services or to any department or agency
    may be used to develop or implement a modified approach to such
    provisions, or to intentionally or substantially expand the fiscal
    effect of the approval of such deviations from negotiated rates beyond
    the proportional effect of such approvals in such quarter.

    [[Page 741]]

    Sec. 227.  In addition to the amounts otherwise available for
    ``Centers for Medicare and Medicaid Services, Program Management'', the
    Secretary of Health and Human Services may transfer up to $305,000,000
    to such account from the Federal Hospital Insurance Trust Fund and the
    Federal Supplementary Medical Insurance Trust Fund to support program
    management activity related to the Medicare Program:  Provided, That
    except for the foregoing purpose, such funds may not be used to support
    any provision of Public Law 111-148 or Public Law 111-152 (or any
    amendment made by either such Public Law) or to supplant any other
    amounts within such account.

    (transfer of funds)

    Sec. 228.  The NIH Director may transfer funds specifically
    appropriated for opioid addiction, opioid alternatives, pain management,
    and addiction treatment to other Institutes and Centers of the NIH to be
    used for the same purpose 15 days after notifying the Committees on
    Appropriations:  Provided, That the transfer authority provided in the
    previous proviso is in addition to any other transfer authority provided
    by law.
    Sec. 229.  None of the funds made available by this Act to carry out
    the Child Care and Development Block Grant Act of 1990 may be provided
    to any child care provider if a list of providers (as mentioned in part
    98 of title 45 of the Code of Federal Regulations, applicable to the
    Department of Health and Human Services, Administration of Children and
    Families, and in the final rule published in the Federal Register, Vol.
    81, No. 190, on Sept. 30, 2016) indicates that a serious injury or death
    occurred at the provider due to a substantiated health or safety
    violation.
    This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 2018''.

    TITLE III <>

    DEPARTMENT OF EDUCATION

    Education for the Disadvantaged

    For carrying out title I and subpart 2 of part B of title II of the
    Elementary and Secondary Education Act of 1965 (referred to in this Act
    as ``ESEA'') and section 418A of the Higher Education Act of 1965
    (referred to in this Act as ``HEA''), $16,443,790,000, of which
    $5,525,990,000 shall become available on July 1, 2018, and shall remain
    available through September 30, 2019, and of which $10,841,177,000 shall
    become available on October 1, 2018, and shall remain available through
    September 30, 2019, for academic year 2018-2019:  Provided, That
    $6,459,401,000 shall be for basic grants under section 1124 of the ESEA:
    Provided further, That up to $5,000,000 of these funds shall be
    available to the Secretary of Education (referred to in this title as
    ``Secretary'') on October 1, 2017, to obtain annually updated local
    educational agency-level census poverty data from the Bureau of the
    Census:  Provided further, That $1,362,301,000 shall be for
    concentration grants under section 1124A of the ESEA:  Provided further,
    That $3,969,050,000 shall be for targeted grants under section 1125 of
    the ESEA:  Provided further, That $3,969,050,000 shall be for education
    finance incentive grants under section 1125A of the

    [[Page 742]]

    ESEA:  Provided further, That $217,000,000 shall be for carrying out
    subpart 2 of part B of title II:  Provided further, That $44,623,000
    shall be for carrying out section 418A of the HEA.

    Impact Aid

    For carrying out programs of financial assistance to federally
    affected schools authorized by title VII of the ESEA, $1,414,112,000, of
    which $1,270,242,000 shall be for basic support payments under section
    7003(b), $48,316,000 shall be for payments for children with
    disabilities under section 7003(d), $17,406,000 shall be for
    construction under section 7007(a), $73,313,000 shall be for Federal
    property payments under section 7002, and $4,835,000, to remain
    available until expended, shall be for facilities maintenance under
    section 7008:  Provided, That for purposes of computing the amount of a
    payment for an eligible local educational agency under section 7003(a)
    for school year 2017-2018, children enrolled in a school of such agency
    that would otherwise be eligible for payment under section 7003(a)(1)(B)
    of such Act, but due to the deployment of both parents or legal
    guardians, or a parent or legal guardian having sole custody of such
    children, or due to the death of a military parent or legal guardian
    while on active duty (so long as such children reside on Federal
    property as described in section 7003(a)(1)(B)), are no longer eligible
    under such section, shall be considered as eligible students under such
    section, provided such students remain in average daily attendance at a
    school in the same local educational agency they attended prior to their
    change in eligibility status.

    School Improvement Programs

    For carrying out school improvement activities authorized by part B
    of title I, part A of title II, subpart 1 of part A of title IV, part B
    of title IV, part B of title V, and parts B and C of title VI of the
    ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
    Educational Technical Assistance Act of 2002; the Compact of Free
    Association Amendments Act of 2003; and the Civil Rights Act of 1964,
    $5,158,467,000, of which $3,329,902,000 shall become available on July
    1, 2018, and remain available through September 30, 2019, and of which
    $1,681,441,000 shall become available on October 1, 2018, and shall
    remain available through September 30, 2019, for academic year 2018-
    2019:  Provided, That $378,000,000 shall be for part B of title I:
    Provided further, That $1,211,673,000 shall be for part B of title IV:
    Provided further, That $36,397,000 shall be for part B of title VI and
    may be used for construction, renovation, and modernization of any
    elementary school, secondary school, or structure related to an
    elementary school or secondary school, run by the Department of
    Education of the State of Hawaii, that serves a predominantly Native
    Hawaiian student body:  Provided further, That $35,453,000 shall be for
    part C of title VI and shall be awarded on a competitive basis, and also
    may be used for construction:  Provided further, That $52,000,000 shall
    be available to carry out section 203 of the Educational Technical
    Assistance Act of 2002 and the Secretary shall make such arrangements as
    determined to be necessary to ensure that the Bureau of Indian Education
    has access to services provided under this section:  Provided further,
    That $16,699,000 shall be available to carry out the Supplemental
    Education Grants

    [[Page 743]]

    program for the Federated States of Micronesia and the Republic of the
    Marshall Islands:  Provided further, That the Secretary may reserve up
    to 5 percent of the amount referred to in the previous proviso to
    provide technical assistance in the implementation of these grants:
    Provided further, That $180,840,000 shall be for part B of title V:
    Provided further, That $1,100,000,000 shall be available for grants
    under subpart 1 of part A of title IV.

    Indian Education

    For expenses necessary to carry out, to the extent not otherwise
    provided, title VI, part A of the ESEA, $180,239,000, of which
    $67,993,000 shall be for subpart 2 of part A of title VI and $6,865,000
    shall be for subpart 3 of part A of title VI.

    Innovation and Improvement

    For carrying out activities authorized by subparts 1, 3 and 4 of
    part B of title II, and parts C, D, and E and subparts 1 and 4 of part F
    of title IV of the ESEA, $982,256,000:  Provided, That $278,515,000
    shall be for subparts 1, 3 and 4 of part B of title II and shall be made
    available without regard to sections 2201, 2231(b) and 2241:  Provided
    further, That $583,741,000 shall be for parts C, D, and E and subpart 4
    of part F of title IV, and shall be made available without regard to
    sections 4311, 4409(a), and 4601 of the ESEA:  Provided further, That
    section 4303(d)(3)(A)(i) shall not apply to the funds available for part
    C of title IV:  Provided further, That of the funds available for part C
    of title IV, the Secretary shall use $50,000,000 to carry out section
    4304, of which not more than $10,000,000 shall be available to carry out
    section 4304(k), $120,000,000, to remain available through March 31,
    2019, to carry out section 4305(b), and not more than $14,000,000 to
    carry out the activities in section 4305(a)(3):  Provided further, That
    notwithstanding section 4601(b), $120,000,000 shall be available through
    December 31, 2018 for subpart 1 of part F of title IV.

    Safe Schools and Citizenship Education

    For carrying out activities authorized by subparts 2 and 3 of part F
    of title IV of the ESEA, $185,754,000:  Provided, That $90,000,000 shall
    be available for section 4631, of which up to $5,000,000, to remain
    available until expended, shall be for the Project School Emergency
    Response to Violence (``Project SERV'') program:  Provided further, That
    $17,500,000 shall be available for section 4625:  Provided further, That
    $78,254,000 shall be available through December 31, 2018, for section
    4624:  Provided further, That section 4623(b) of the ESEA shall apply to
    funds appropriated for Promise Neighborhoods under this heading in prior
    appropriations acts:  Provided further, That, no later than June 1,
    2018, the Secretary shall award extension grants under such section on a
    competitive basis to implementation grantees that have demonstrated the
    ability to collect, track, and report longitudinal data on performance
    indicators established by the Department and required to be reported on
    annually as part of the initial implementation grant; demonstrated the
    most positive and promising results during their initial implementation
    grant based on

    [[Page 744]]

    such indicators, emphasizing getting children ready to learn;
    demonstrated a commitment to operating in the most underserved and
    under-resourced, including rural, areas; and propose continuing to
    pursue ambitious goals during an extension of that grant.

    English Language Acquisition

    For carrying out part A of title III of the ESEA, $737,400,000,
    which shall become available on July 1, 2018, and shall remain available
    through September 30, 2019, except that 6.5 percent of such amount shall
    be available on October 1, 2017, and shall remain available through
    September 30, 2019, to carry out activities under section 3111(c)(1)(C).

    Special Education

    For carrying out the Individuals with Disabilities Education Act
    (IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
    $13,366,184,000, of which $3,845,585,000 shall become available on July
    1, 2018, and shall remain available through September 30, 2019, and of
    which $9,283,383,000 shall become available on October 1, 2018, and
    shall remain available through September 30, 2019, for academic year
    2018-2019:  Provided, That the amount for section 611(b)(2) of the IDEA
    shall be equal to the lesser of the amount available for that activity
    during fiscal year 2017, increased by the amount of inflation as
    specified in section 619(d)(2)(B) of the IDEA, or the percent change in
    the funds appropriated under section 611(i) of the IDEA, but not less
    than the amount for that activity during fiscal year 2017:  Provided
    further, That the Secretary shall, without regard to section 611(d) of
    the IDEA, distribute to all other States (as that term is defined in
    section 611(g)(2)), subject to the third proviso, any amount by which a
    State's allocation under section 611, from funds appropriated under this
    heading, is reduced under section 612(a)(18)(B), according to the
    following: 85 percent on the basis of the States' relative populations
    of children aged 3 through 21 who are of the same age as children with
    disabilities for whom the State ensures the availability of a free
    appropriate public education under this part, and 15 percent to States
    on the basis of the States' relative populations of those children who
    are living in poverty:  Provided further, That the Secretary may not
    distribute any funds under the previous proviso to any State whose
    reduction in allocation from funds appropriated under this heading made
    funds available for such a distribution:  Provided further, That the
    States shall allocate such funds distributed under the second proviso to
    local educational agencies in accordance with section 611(f):  Provided
    further <> , That the amount by which a State's
    allocation under section 611(d) of the IDEA is reduced under section
    612(a)(18)(B) and the amounts distributed to States under the previous
    provisos in fiscal year 2012 or any subsequent year shall not be
    considered in calculating the awards under section 611(d) for fiscal
    year 2013 or for any subsequent fiscal years:  Provided further, That,
    notwithstanding the provision in section 612(a)(18)(B) regarding the
    fiscal year in which a State's allocation under section 611(d) is
    reduced for failure to comply with the requirement of section
    612(a)(18)(A), the Secretary may apply the reduction specified in
    section 612(a)(18)(B) over a period of consecutive fiscal years, not to
    exceed five, until the entire reduction is applied:  Provided
    further <> , That

    [[Page 745]]

    the Secretary may, in any fiscal year in which a State's allocation
    under section 611 is reduced in accordance with section 612(a)(18)(B),
    reduce the amount a State may reserve under section 611(e)(1) by an
    amount that bears the same relation to the maximum amount described in
    that paragraph as the reduction under section 612(a)(18)(B) bears to the
    total allocation the State would have received in that fiscal year under
    section 611(d) in the absence of the reduction:  Provided further, That
    the Secretary shall either reduce the allocation of funds under section
    611 for any fiscal year following the fiscal year for which the State
    fails to comply with the requirement of section 612(a)(18)(A) as
    authorized by section 612(a)(18)(B), or seek to recover funds under
    section 452 of the General Education Provisions Act (20 U.S.C. 1234a):
    Provided further, That the funds reserved under 611(c) of the IDEA may
    be used to provide technical assistance to States to improve the
    capacity of the States to meet the data collection requirements of
    sections 616 and 618 and to administer and carry out other services and
    activities to improve data collection, coordination, quality, and use
    under parts B and C of the IDEA:  Provided further, That the Secretary
    may use funds made available for the State Personnel Development Grants
    program under part D, subpart 1 of IDEA to evaluate program performance
    under such subpart.

    Rehabilitation Services

    For carrying out, to the extent not otherwise provided, the
    Rehabilitation Act of 1973 and the Helen Keller National Center Act,
    $3,587,130,000, of which $3,452,931,000 shall be for grants for
    vocational rehabilitation services under title I of the Rehabilitation
    Act:  Provided, That the Secretary may use amounts provided in this Act
    that remain available subsequent to the reallotment of funds to States
    pursuant to section 110(b) of the Rehabilitation Act for innovative
    activities aimed at improving the outcomes of individuals with
    disabilities as defined in section 7(20)(B) of the Rehabilitation Act,
    including activities aimed at improving the education and post-school
    outcomes of children receiving Supplemental Security Income (``SSI'')
    and their families that may result in long-term improvement in the SSI
    child recipient's economic status and self-sufficiency:  Provided
    further, That States may award subgrants for a portion of the funds to
    other public and private, nonprofit entities:  Provided further, That
    any funds made available subsequent to reallotment for innovative
    activities aimed at improving the outcomes of individuals with
    disabilities shall remain available until September 30, 2019.

    Special Institutions for Persons With Disabilities

    american printing house for the blind

    For carrying out the Act to promote the Education of the Blind of
    March 3, 1879, $27,431,000.

    national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I and
    II of the Education of the Deaf Act of 1986, $73,000,000:  Provided,
    That from the total amount available, the Institute may

    [[Page 746]]

    at its discretion use funds for the endowment program as authorized
    under section 207 of such Act.

    gallaudet university

    For the Kendall Demonstration Elementary School, the Model Secondary
    School for the Deaf, and the partial support of Gallaudet University
    under titles I and II of the Education of the Deaf Act of 1986,
    $128,000,000:  Provided, That from the total amount available, the
    University may at its discretion use funds for the endowment program as
    authorized under section 207 of such Act.

    Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D.
    Perkins Career and Technical Education Act of 2006 and the Adult
    Education and Family Literacy Act (``AEFLA''), $1,830,686,000, of which
    $1,039,686,000 shall become available on July 1, 2018, and shall remain
    available through September 30, 2019, and of which $791,000,000 shall
    become available on October 1, 2018, and shall remain available through
    September 30, 2019:  Provided, That of the amounts made available for
    AEFLA, $13,712,000 shall be for national leadership activities under
    section 242.

    Student Financial Assistance

    For carrying out subparts 1, 3, and 10 of part A, and part C of
    title IV of the HEA, $24,445,352,000, which shall remain available
    through September 30, 2019.
    <> The maximum Pell Grant for which a
    student shall be eligible during award year 2018-2019 shall be $5,035.

    Student Aid Administration

    For Federal administrative expenses to carry out part D of title I,
    and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
    title IV of the HEA, and subpart 1 of part A of title VII of the Public
    Health Service Act, $1,678,943,000, to remain available through
    September 30, 2019:  Provided, That the Secretary shall allocate new
    student loan borrower accounts to eligible student loan servicers on the
    basis of their performance compared to all loan servicers utilizing
    established common metrics, and on the basis of the capacity of each
    servicer to process new and existing accounts:  Provided
    further <> , That the Secretary shall, no
    later than September 30, 2017, allow student loan borrowers who are
    consolidating Federal student loans to select from any student loan
    servicer to service their new consolidated student loan under the
    current student loan servicing contracts:  Provided further, That in
    order to promote accountability and high-quality service to borrowers,
    the Secretary shall not award funding for any contract solicitation for
    a new Federal student loan servicing environment, including the
    solicitation for the FSA Next Generation Processing and Servicing
    Environment as amended by the Department of Education on February 20,
    2018, unless such an environment provides for the participation of
    multiple student loan servicers that contract directly with the
    Department of Education to manage a unique portfolio of borrower
    accounts and the full

    [[Page 747]]

    life-cycle of loans from disbursement to pay-off with certain limited
    exceptions, and allocates student loan borrower accounts to eligible
    student loan servicers based on performance:  Provided further, That
    such servicers described in the previous proviso shall be evaluated
    based on their ability to meet contract requirements, future performance
    on the contracts, and history of compliance with applicable consumer
    protections laws:  Provided further, That to the extent Federal Student
    Aid (FSA) permits student loan servicing subcontracting, FSA shall hold
    such subcontractors accountable for meeting the requirements of the
    contract:  Provided further, That FSA shall create a fee structure with
    contractors that provides more support to borrowers at risk of being
    distressed.

    Higher Education

    For carrying out, to the extent not otherwise provided, titles II,
    III, IV, V, VI, and VII of the HEA, the Mutual Educational and Cultural
    Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and
    Technical Education Act of 2006, $2,246,551,000:  Provided, That
    notwithstanding any other provision of law, funds made available in this
    Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual
    Educational and Cultural Exchange Act of 1961 may be used to support
    visits and study in foreign countries by individuals who are
    participating in advanced foreign language training and international
    studies in areas that are vital to United States national security and
    who plan to apply their language skills and knowledge of these countries
    in the fields of government, the professions, or international
    development:  Provided further, That of the funds referred to in the
    preceding proviso up to 1 percent may be used for program evaluation,
    national outreach, and information dissemination activities:  Provided
    further, That up to 1.5 percent of the funds made available under
    chapter 2 of subpart 2 of part A of title IV of the HEA may be used for
    evaluation.

    Howard University

    For partial support of Howard University, $232,518,000, of which not
    less than $3,405,000 shall be for a matching endowment grant pursuant to
    the Howard University Endowment Act and shall remain available until
    expended.

    College Housing and Academic Facilities Loans Program

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

    Historically Black College and University Capital Financing Program
    Account

    For the cost of guaranteed loans, $20,150,000, as authorized
    pursuant to part D of title III of the HEA, which shall remain available
    through September 30, 2019:  Provided, That such costs, including the
    cost of modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974:  Provided further, That these funds
    are available to subsidize total loan principal, any part of which is to
    be guaranteed, not to exceed

    [[Page 748]]

    $313,863,000:  Provided further, That these funds may be used to support
    loans to public and private Historically Black Colleges and Universities
    without regard to the limitations within section 344(a) of the HEA.
    In addition, $10,000,000 shall be made available to provide for the
    deferment of loans made under part D of title III of the HEA to eligible
    institutions that are private Historically Black Colleges and
    Universities, which apply for the deferment of such a loan and
    demonstrate financial need for such deferment by having a score of 2.6
    or less on the Department of Education's financial responsibility test:
    Provided, That during the period of deferment of such a loan, interest
    on the loan will not accrue or be capitalized, and the period of
    deferment shall be for at least a period of 3-fiscal years and not more
    than 6-fiscal years:  Provided further, That when determining priority
    for such institutions to receive such a deferment, the Secretary shall
    give priority to institutions that operated in a financial deficit for
    at least one of the previous 5 years according to audits provided to the
    Department, or were sanctioned for financial related reasons by the
    agency or association that accredited such institutions:  Provided
    further, That the Secretary shall create and execute an outreach plan to
    work with States and the Capital Financing Advisory Board to improve
    outreach to States and help additional public Historically Black
    Colleges and Universities participate in the program.
    In addition, for administrative expenses to carry out the
    Historically Black College and University Capital Financing Program
    entered into pursuant to part D of title III of the HEA, $334,000.

    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences
    Reform Act of 2002, the National Assessment of Educational Progress
    Authorization Act, section 208 of the Educational Technical Assistance
    Act of 2002, and section 664 of the Individuals with Disabilities
    Education Act, $613,462,000, which shall remain available through
    September 30, 2019:  Provided, That funds available to carry out section
    208 of the Educational Technical Assistance Act may be used to link
    Statewide elementary and secondary data systems with early childhood,
    postsecondary, and workforce data systems, or to further develop such
    systems:  Provided further, That up to $6,000,000 of the funds available
    to carry out section 208 of the Educational Technical Assistance Act may
    be used for awards to public or private organizations or agencies to
    support activities to improve data coordination, quality, and use at the
    local, State, and national levels.

    Departmental Management

    program administration

    For carrying out, to the extent not otherwise provided, the
    Department of Education Organization Act, including rental of conference
    rooms in the District of Columbia and hire of three passenger motor
    vehicles, $430,000,000:  Provided, That, notwithstanding any other
    provision of law, none of the funds provided by this Act or provided by
    previous Appropriations Acts to the Department of Education available
    for obligation or expenditure in the current fiscal year may be used for
    any activity relating

    [[Page 749]]

    to implementing a reorganization that decentralizes, reduces the
    staffing level, or alters the responsibilities, structure, authority, or
    functionality of the Budget Service of the Department of Education,
    relative to the organization and operation of the Budget Service as in
    effect on January 1, 2018.

    office for civil rights

    For expenses necessary for the Office for Civil Rights, as
    authorized by section 203 of the Department of Education Organization
    Act, $117,000,000.

    office of inspector general

    For expenses necessary for the Office of Inspector General, as
    authorized by section 212 of the Department of Education Organization
    Act, $61,143,000.

    General Provisions

    Sec. 301.  No funds appropriated in this Act may be used for the
    transportation of students or teachers (or for the purchase of equipment
    for such transportation) in order to overcome racial imbalance in any
    school or school system, or for the transportation of students or
    teachers (or for the purchase of equipment for such transportation) in
    order to carry out a plan of racial desegregation of any school or
    school system.
    Sec. 302.  None of the funds contained in this Act shall be used to
    require, directly or indirectly, the transportation of any student to a
    school other than the school which is nearest the student's home, except
    for a student requiring special education, to the school offering such
    special education, in order to comply with title VI of the Civil Rights
    Act of 1964. For the purpose of this section an indirect requirement of
    transportation of students includes the transportation of students to
    carry out a plan involving the reorganization of the grade structure of
    schools, the pairing of schools, or the clustering of schools, or any
    combination of grade restructuring, pairing, or clustering. The
    prohibition described in this section does not include the establishment
    of magnet schools.
    Sec. 303.  No funds appropriated in this Act may be used to prevent
    the implementation of programs of voluntary prayer and meditation in the
    public schools.

    (transfer of funds)

    Sec. 304.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the Department of Education in this Act
    may be transferred between appropriations, but no such appropriation
    shall be increased by more than 3 percent by any such transfer:
    Provided, That the transfer authority granted by this section shall not
    be used to create any new program or to fund any project or activity for
    which no funds are provided in this Act:  Provided further, That the
    Committees on Appropriations of the House of Representatives and the
    Senate are notified at least 15 days in advance of any transfer.

    [[Page 750]]

    Sec. 305 <> .  Section 105(f)(1)(B)(ix) of
    the Compact of Free Association Amendments Act of 2003 (48 U.S.C.
    1921d(f)(1)(B)(ix)) shall be applied by substituting ``2018'' for
    ``2017''.

    Sec. 306.  Funds appropriated in this Act and consolidated for
    evaluation purposes under section 8601(c) of the ESEA shall be available
    from July 1, 2018, through September 30, 2019.
    Sec. 307. (a) An institution of higher education that maintains an
    endowment fund supported with funds appropriated for title III or V of
    the HEA for fiscal year 2018 may use the income from that fund to award
    scholarships to students, subject to the limitation in section
    331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
    prior to the enactment of this Act, shall be considered to have been an
    allowable use of that income, subject to that limitation.
    (b) Subsection (a) shall be in effect until titles III and V of the
    HEA are reauthorized.
    Sec. 308.  Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is amended
    by striking ``2017'' and inserting ``2018''.
    Sec. 309.  Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is amended
    in paragraph (4) by striking ``2017'' and inserting ``2018''.

    (rescission)

    Sec. 310.  Section 401(b)(7)(A)(iv)(VIII) of the Higher Education
    Act of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(VIII)) is amended by striking
    ``$1,382,000,000'' and inserting ``$1,334,000,000''.
    Sec. 311. <>  (a) Notwithstanding any other
    provision of law except as provided under subsection (c), with respect
    to a local educational agency that was notified by the Secretary in
    fiscal year 2017 of the agency's eligibility to receive a basic support
    payment pursuant to section 7003(b)(2)(B)(i)(III) of the Elementary and
    Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(III)) for
    fiscal year 2017 but did not receive a payment under section 7003(b)(2)
    of such Act for fiscal year 2017, in addition to payments received by
    the local educational agency under section 7003(b)(1) of such Act, the
    Secretary shall reserve from funds appropriated to carry out section
    7003(b) of such Act and make payments from such funds to such local
    educational agency for fiscal years 2017, 2018, 2019, and 2020 in the
    following amounts:
    (1) $3,000,000 for fiscal year 2017.
    (2) $5,000,000 for fiscal year 2018.
    (3) $4,000,000 for fiscal year 2019.
    (4) $4,000,000 for fiscal year 2020.

    (b) For fiscal year 2017, a local educational agency described in
    subsection (a) shall not be eligible for a basic support payment
    pursuant to section 7003(b)(2) of the Elementary and Secondary Education
    Act of 1965 (20 U.S.C. 7703(b)(2)).
    (c) For fiscal year 2018 and succeeding fiscal years, if a local
    educational agency described in subsection (a) is eligible to receive a
    basic support payment pursuant to section 7003(b)(2) of the Elementary
    and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), the payment
    received by the local educational agency shall be calculated under
    section 7003(b)(2) of such Act and not under subsection (a).
    (d) Section 7003(b)(2)(B) of the Elementary and Secondary Education
    Act (20 U.S.C. 7703(b)(2)(B)) is amended--
    (1) in clause (i)(III)--

    [[Page 751]]

    (A) in item (aa), by striking ``and'' after the
    semicolon;
    (B) in item (bb)(BB)--
    (i) by inserting ``and received assistance for
    fiscal year 2017 pursuant to subparagraph (G)''
    after ``not less than 65 percent''; and
    (ii) by inserting ``and'' after the semicolon;
    and
    (C) by adding at the end the following:
    ``(cc) received assistance
    under subparagraph (A) of
    section 8003(b)(2), as such
    section was in effect on the day
    before the date of enactment of
    the Every Student Succeeds Act
    (Public Law 114-95; 129 Stat.
    1802), for a fiscal year prior
    to fiscal year 2017;''; and
    (2) by striking clause (iii) and inserting the following:
    ``(iii) Eligibility.--
    ``(I) First time.--A local
    educational agency seeking a payment
    under this paragraph for the first time
    shall apply for and be determined
    eligible under clause (i) for 2
    consecutive years before receiving such
    a payment, and shall not receive such a
    payment for the first year of
    eligibility.
    ``(II) Resumption of eligibility.--A
    heavily impacted local educational
    agency described in clause (i) that
    becomes ineligible under such clause for
    1 or more fiscal years may resume
    eligibility for a basic support payment
    under this paragraph for a subsequent
    fiscal year only if the agency meets the
    requirements of clause (i) for that
    subsequent fiscal year, except that such
    agency shall not receive a basic support
    payment under this paragraph until the
    fiscal year succeeding the fiscal year
    for which the eligibility determination
    is made.''.

    (e) Section 579(c)(2) of the National Defense Authorization Act for
    Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2145) <>  is amended, in the matter preceding subparagraph (A), by
    striking ``for fiscal year 2017, 2018, or 2019,'' and inserting ``for
    fiscal year 2017 and any succeeding fiscal year,''.

    Sec. 312.  For the purpose of providing temporary emergency impact
    aid for displaced students under the Hurricane Education Recovery
    heading in title VIII of subdivision 1 of division B of the Bipartisan
    Budget Act of 2018 (Public Law 115-123), paragraph (2)(E) under such
    heading is amended by inserting before the semicolon at the end the
    following: ``and each reference to the end of the 2005-2006 school year
    in section 107(f) of title IV of division B of Public Law 109-148, shall
    be to December 31, 2018''.
    Sec. 313. (a) Notwithstanding the limitations on sharing data
    described in paragraph (3)(E) of section 483(a) of the HEA, an
    institution of higher education may, with explicit written consent of an
    applicant who has completed a FAFSA under such section 483(a), provide
    such information collected from the applicant's FAFSA as is necessary to
    a scholarship granting organization, including a tribal organization
    (defined in section 4 of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5304)), designated by the applicant to assist
    the applicant in applying for and receiving financial assistance for the
    applicant's cost of attendance (defined in section 472 of the HEA) at
    that institution.

    [[Page 752]]

    (b) An organization that receives information pursuant to subsection
    (a) shall not sell or otherwise share such information.
    (c) This section shall be in effect until title IV of the HEA is
    reauthorized.
    Sec. 314. <> (a) In General.--For the
    purpose of carrying out section 435(a)(2) of the Higher Education Act of
    1965 (20 U.S.C. 1085(a)(2)), the Secretary of Education may waive the
    requirements under sections 435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of such
    Act (20 U.S.C. 1085(a)(5)(A)(i) and 20 U.S.C. 1085(a)(5)(A)(ii))--
    (1) for an institution of higher education that offers an
    associate degree, is a public institution, and is located in an
    economically distressed county, defined as a county that ranks
    in the lowest 5 percent of all counties in the United States
    based on a national index of county economic status; and
    (2) for an institution--
    (A) that is a public institution of higher education
    or a Tribal College or University (as defined in section
    316(b) of such Act (20 U.S.C. 1059c)); and
    (B) whose fall enrollment for the most recently
    completed academic year was comprised of a majority of
    students who are Indian (as defined in such section) or
    Alaska Natives (as defined in section 317(b) of such Act
    (20 U.S.C. 1059d(b)).

    (b) Applicability.--Subsection (a) shall apply to an institution of
    higher education that otherwise would be ineligible to participate in a
    program under part A of title IV of the Higher Education Act of 1965 on
    or after the date of enactment of this Act due to the application of
    section 435(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
    1085(a)(2)).
    (c) Coverage.--This section shall be in effect for the period
    covered by this Act and for the succeeding fiscal year.
    Sec. 315.  For an additional amount for ``Department of Education--
    Federal Direct Student Loan Program Account'', $350,000,000, to remain
    available until expended, shall be for the cost, as defined under
    section 502 of the Congressional Budget Act of 1974, of the Secretary of
    Education providing loan cancellation in the same manner as under
    section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)),
    for borrowers of loans made under part D of title IV of such Act who
    would qualify for loan cancellation under section 455(m) except some, or
    all, of the 120 required payments under section 455(m)(1)(A) do not
    qualify for purposes of the program because they were monthly payments
    made in accordance with graduated or extended repayment plans as
    described under subparagraph (B) or (C) of section 455(d)(1) or the
    corresponding repayment plan for a consolidation loan made under section
    455(g) and that were less than the amount calculated under section
    455(d)(1)(A), based on a 10-year repayment period:  Provided, That the
    monthly payment made 12 months before the borrower applied for loan
    cancellation as described in the matter preceding this proviso and the
    most recent monthly payment made by the borrower at the time of such
    application were each not less than the monthly amount that would be
    calculated under, and for which the borrower would otherwise qualify
    for, clause (i) or (iv) of section 455(m)(1)(A) regarding income-based
    or income-contingent repayment plans, with exception for a borrower who
    would have otherwise been eligible under this section but demonstrates
    an unusual fluctuation of income over the past 5 years:

    [[Page 753]]

    Provided further, That the total loan volume, including outstanding
    principal, fees, capitalized interest, or accrued interest, at
    application that is eligible for such loan cancellation by such
    borrowers shall not exceed $500,000,000:  Provided further, That the
    Secretary shall develop and make available a simple method for borrowers
    to apply for loan cancellation under this section within 60 days of
    enactment of this Act:  Provided further, That the Secretary shall
    provide loan cancellation under this section to eligible borrowers on a
    first-come, first-serve basis, based on the date of application and
    subject to both the limitation on total loan volume at application for
    such loan cancellation specified in the second proviso and the
    availability of appropriations under this section:  Provided further,
    That no borrower may, for the same service, receive a reduction of loan
    obligations under both this section and section 428J, 428K, 428L, or 460
    of such Act.
    Sec. 316.  Of the amounts made available under this title under the
    heading ``Student Aid Administration'', $2,300,000 shall be used by the
    Secretary of Education to conduct outreach to borrowers of loans made
    under part D of title IV of the Higher Education Act of 1965 who may
    intend to qualify for loan cancellation under 455(m) of such Act (20
    U.S.C. 1087e(m)), to ensure that borrowers are meeting the terms and
    conditions of such loan cancellation:  Provided, That the Secretary
    shall specifically conduct outreach to assist borrowers who would
    qualify for loan cancellation under 455(m) of such Act except that the
    borrower has made some, or all, of the 120 required payments under a
    repayment plan that is not described under section 455(m)(A) of such
    Act, to encourage borrowers to enroll in a qualifying repayment plan:
    Provided further, That the Secretary shall also communicate to all
    Direct Loan borrowers the full requirements of 455(m) of such Act and
    improve the filing of employment certification by providing improved
    outreach and information such as outbound calls, electronic
    communications, ensuring prominent access to program requirements and
    benefits on each servicer's website, and creating an option for all
    borrowers to complete the entire payment certification process
    electronically and on a centralized website.

    children of fallen heroes scholarship act

    Sec. 317.  Section 473(b) of the Higher Education Act of 1965 (20
    U.S.C. 1087mm(b)) is amended--
    (1) in paragraph (2)--
    (A) in the matter preceding subparagraph (A), by
    inserting ``(in the case of a student who meets the
    requirement of subparagraph (B)(i)), or academic year
    2018-2019 (in the case of a student who meets the
    requirement of subparagraph (B)(ii)),'' after ``academic
    year 2009-2010''; and
    (B) by amending subparagraph (B) to read as follows:
    ``(B) whose parent or guardian was--
    ``(i) a member of the Armed Forces of the
    United States and died as a result of performing
    military service in Iraq or Afghanistan after
    September 11, 2001; or
    ``(ii) actively serving as a public safety
    officer and died in the line of duty while
    performing as a public safety officer; and'';

    [[Page 754]]

    (2) in paragraph (3)--
    (A) by striking ``Notwithstanding'' and inserting
    the following:
    ``(A) Armed forces.--Notwithstanding'';
    (B) by striking ``paragraph (2)'' and inserting
    ``subparagraphs (A), (B)(i), and (C) of paragraph (2)'';
    and
    (C) by adding at the end the following:
    ``(B) Public safety officers.--Notwithstanding any
    other provision of law, unless the Secretary establishes
    an alternate method to adjust the expected family
    contribution, for each student who meets the
    requirements of subparagraphs (A), (B)(ii), and (C) of
    paragraph (2), a financial aid administrator shall--
    ``(i) verify with the student that the student
    is eligible for the adjustment;
    ``(ii) adjust the expected family contribution
    in accordance with this subsection; and
    ``(iii) notify the Secretary of the adjustment
    and the student's eligibility for the
    adjustment.''; and
    (3) by adding at the end the following:
    ``(4) Treatment of pell amount.--Notwithstanding section
    1212 of the Omnibus Crime Control and Safe Streets Act of 1968
    (42 U.S.C. 3796d-1), in the case of a student who receives an
    increased Federal Pell Grant amount under this section, the
    total amount of such Federal Pell Grant, including the increase
    under this subsection, shall not be considered in calculating
    that student's educational assistance benefits under the Public
    Safety Officers' Benefits program under subpart 2 of part L of
    title I of such Act.
    ``(5) Definition of public safety officer.--For purposes of
    this subsection, the term `public safety officer' means--
    ``(A) a public safety officer, as defined in section
    1204 of title I of the Omnibus Crime Control and Safe
    Streets Act of 1968 (42 U.S.C. 3796b); or
    ``(B) a fire police officer, defined as an
    individual who--
    ``(i) is serving in accordance with State or
    local law as an officially recognized or
    designated member of a legally organized public
    safety agency;
    ``(ii) is not a law enforcement officer, a
    firefighter, a chaplain, or a member of a rescue
    squad or ambulance crew; and
    ``(iii) provides scene security or directs
    traffic--
    ``(I) in response to any fire drill,
    fire call, or other fire, rescue, or
    police emergency; or
    ``(II) at a planned special
    event.''.

    Sec. 318.  Notwithstanding any other provision of law funds awarded
    under part D of title IV of the Elementary and Secondary Education Act
    of 1965 for fiscal years 2017 and 2018 may be used for the purposes in
    section 4407(a)(9) of such Act.
    This title may be cited as the ``Department of Education
    Appropriations Act, 2018''.

    [[Page 755]]

    TITLE IV

    RELATED AGENCIES

    Committee for Purchase From People Who Are Blind or Severely Disabled

    salaries and expenses

    For expenses necessary for the Committee for Purchase From People
    Who Are Blind or Severely Disabled established under section 8502 of
    title 41, United States Code, $8,250,000:  Provided, That in order to
    authorize any central nonprofit agency designated pursuant to section
    8503(c) of title 41, United States Code, to perform contract
    requirements of the Committee as prescribed under section 51-3.2 of
    title 41, Code of Federal Regulations, the Committee shall enter into a
    written agreement with any such central nonprofit agency:  Provided
    further, That such agreement entered into under the preceding proviso
    shall contain such auditing, oversight, and reporting provisions as
    necessary to implement chapter 85 of title 41, United States Code:
    Provided further, That such agreement shall include the elements listed
    under this heading in the explanatory statement accompanying Public Law
    114-113:  Provided further, That a fee may not be charged under section
    51-3.5 of title 41, Code of Federal Regulations, unless such fee is
    under the terms of the written agreement between the Committee and any
    such central nonprofit agency:  Provided further, That no less than
    $1,250,000 shall be available for the Office of Inspector General.

    Corporation for National and Community Service

    operating expenses

    For necessary expenses for the Corporation for National and
    Community Service (referred to in this title as ``CNCS'') to carry out
    the Domestic Volunteer Service Act of 1973 (referred to in this title as
    ``1973 Act'') and the National and Community Service Act of 1990
    (referred to in this title as ``1990 Act''), $767,629,000,
    notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
    501(a)(4)(F) of the 1990 Act:  Provided, That of the amounts provided
    under this heading: (1) up to 1 percent of program grant funds may be
    used to defray the costs of conducting grant application reviews,
    including the use of outside peer reviewers and electronic management of
    the grants cycle; (2) $17,538,000 shall be available to provide
    assistance to State commissions on national and community service, under
    section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B)
    of the 1990 Act; (3) $32,000,000 shall be available to carry out
    subtitle E of the 1990 Act; and (4) $5,400,000 shall be available for
    expenses authorized under section 501(a)(4)(F) of the 1990 Act, which,
    notwithstanding the provisions of section 198P shall be awarded by CNCS
    on a competitive basis:  Provided further, That for the purposes of
    carrying out the 1990 Act, satisfying the requirements in section
    122(c)(1)(D) may include a determination of need by the local community.

    [[Page 756]]

    payment to the national service trust

    (including transfer of funds)

    For payment to the National Service Trust established under subtitle
    D of title I of the 1990 Act, $206,842,000, to remain available until
    expended:  Provided, That CNCS may transfer additional funds from the
    amount provided within ``Operating Expenses'' allocated to grants under
    subtitle C of title I of the 1990 Act to the National Service Trust upon
    determination that such transfer is necessary to support the activities
    of national service participants and after notice is transmitted to the
    Committees on Appropriations of the House of Representatives and the
    Senate:  Provided further, That amounts appropriated for or transferred
    to the National Service Trust may be invested under section 145(b) of
    the 1990 Act without regard to the requirement to apportion funds under
    31 U.S.C. 1513(b).

    salaries and expenses

    For necessary expenses of administration as provided under section
    501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
    including payment of salaries, authorized travel, hire of passenger
    motor vehicles, the rental of conference rooms in the District of
    Columbia, the employment of experts and consultants authorized under 5
    U.S.C. 3109, and not to exceed $2,500 for official reception and
    representation expenses, $83,737,000.

    office of inspector general

    For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, $5,750,000.

    administrative provisions

    Sec. 401.  CNCS shall make any significant changes to program
    requirements, service delivery or policy only through public notice and
    comment rulemaking. For fiscal year 2018, during any grant selection
    process, an officer or employee of CNCS shall not knowingly disclose any
    covered grant selection information regarding such selection, directly
    or indirectly, to any person other than an officer or employee of CNCS
    that is authorized by CNCS to receive such information.
    Sec. 402. <>   AmeriCorps programs
    receiving grants under the National Service Trust program shall meet an
    overall minimum share requirement of 24 percent for the first 3 years
    that they receive AmeriCorps funding, and thereafter shall meet the
    overall minimum share requirement as provided in section 2521.60 of
    title 45, Code of Federal Regulations, without regard to the operating
    costs match requirement in section 121(e) or the member support Federal
    share limitations in section 140 of the 1990 Act, and subject to partial
    waiver consistent with section 2521.70 of title 45, Code of Federal
    Regulations.

    Sec. 403.  Donations made to CNCS under section 196 of the 1990 Act
    for the purposes of financing programs and operations under titles I and
    II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act
    shall be used to supplement and not supplant current programs and
    operations.

    [[Page 757]]

    Sec. 404.  In addition to the requirements in section 146(a) of the
    1990 Act, use of an educational award for the purpose described in
    section 148(a)(4) shall be limited to individuals who are veterans as
    defined under section 101 of the Act.
    Sec. 405.  For the purpose of carrying out section 189D of the 1990
    Act--
    (1) entities described in paragraph (a) of such section
    shall be considered ``qualified entities'' under section 3 of
    the National Child Protection Act of 1993 (``NCPA'');
    (2) individuals described in such section shall be
    considered ``volunteers'' under section 3 of NCPA; and
    (3) State Commissions on National and Community Service
    established pursuant to section 178 of the 1990 Act, are
    authorized to receive criminal history record information,
    consistent with Public Law 92-544.

    Sec. 406.  Notwithstanding sections 139(b), 146 and 147 of the 1990
    Act, an individual who successfully completes a term of service of not
    less than 1,200 hours during a period of not more than one year may
    receive a national service education award having a value of 70 percent
    of the value of a national service education award determined under
    section 147(a) of the Act.

    Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting (``CPB''), as
    authorized by the Communications Act of 1934, an amount which shall be
    available within limitations specified by that Act, for the fiscal year
    2020, $445,000,000:  Provided, That none of the funds made available to
    CPB by this Act shall be used to pay for receptions, parties, or similar
    forms of entertainment for Government officials or employees:  Provided
    further, That none of the funds made available to CPB by this Act shall
    be available or used to aid or support any program or activity from
    which any person is excluded, or is denied benefits, or is discriminated
    against, on the basis of race, color, national origin, religion, or sex:
    Provided further, That none of the funds made available to CPB by this
    Act shall be used to apply any political test or qualification in
    selecting, appointing, promoting, or taking any other personnel action
    with respect to officers, agents, and employees of CPB:  Provided
    further, That none of the funds made available to CPB by this Act shall
    be used to support the Television Future Fund or any similar purpose.
    In addition, for the costs associated with replacing and upgrading
    the public broadcasting interconnection system and other technologies
    and services that create infrastructure and efficiencies within the
    public media system, $20,000,000.

    Federal Mediation and Conciliation Service

    salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation
    Service (``Service'') to carry out the functions vested in it by the
    Labor-Management Relations Act, 1947, including hire of passenger motor
    vehicles; for expenses necessary for the Labor-Management Cooperation
    Act of 1978; and for expenses necessary for the Service to carry out the
    functions vested in it by the Civil Service Reform Act, $46,650,000,
    including up to $900,000

    [[Page 758]]

    to remain available through September 30, 2019, for activities
    authorized by the Labor-Management Cooperation Act of 1978:  Provided,
    That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
    recovery, for special training activities and other conflict resolution
    services and technical assistance, including those provided to foreign
    governments and international organizations, and for arbitration
    services shall be credited to and merged with this account, and shall
    remain available until expended:  Provided further, That fees for
    arbitration services shall be available only for education, training,
    and professional development of the agency workforce:  Provided further,
    That the Director of the Service is authorized to accept and use on
    behalf of the United States gifts of services and real, personal, or
    other property in the aid of any projects or functions within the
    Director's jurisdiction.

    Federal Mine Safety and Health Review Commission

    salaries and expenses

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

    Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and the
    National Museum of African American History and Culture Act,
    $240,000,000.

    Medicaid and CHIP Payment and Access Commission

    salaries and expenses

    For expenses necessary to carry out section 1900 of the Social
    Security Act, $8,480,000.

    Medicare Payment Advisory Commission

    salaries and expenses

    For expenses necessary to carry out section 1805 of the Social
    Security Act, $12,545,000, to be transferred to this appropriation from
    the Federal Hospital Insurance Trust Fund and the Federal Supplementary
    Medical Insurance Trust Fund.

    National Council on Disability

    salaries and expenses

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

    [[Page 759]]

    National Labor Relations Board

    salaries and expenses

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

    administrative provisions

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

    National Mediation Board

    salaries and expenses

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

    Occupational Safety and Health Review Commission

    salaries and expenses

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

    Railroad Retirement Board

    dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under
    section 15(d) of the Railroad Retirement Act of 1974, $22,000,000, which
    shall include amounts becoming available in fiscal year 2018 pursuant to
    section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
    not to exceed 2 percent of the amount provided herein, shall be
    available proportional to the amount by which the product of recipients
    and the average benefit received exceeds the amount available for
    payment of vested dual benefits:  Provided, That the total amount
    provided herein shall be credited in 12 approximately equal amounts on
    the first day of each month in the fiscal year.

    [[Page 760]]

    federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the
    payment of benefits under the Railroad Retirement Act for interest
    earned on unnegotiated checks, $150,000, to remain available through
    September 30, 2019, which shall be the maximum amount available for
    payment pursuant to section 417 of Public Law 98-76.

    limitation on administration

    For necessary expenses for the Railroad Retirement Board (``Board'')
    for administration of the Railroad Retirement Act and the Railroad
    Unemployment Insurance Act, $123,500,000, to be derived in such amounts
    as determined by the Board from the railroad retirement accounts and
    from moneys credited to the railroad unemployment insurance
    administration fund:  Provided, That notwithstanding section 7(b)(9) of
    the Railroad Retirement Act this limitation may be used to hire
    attorneys only through the excepted service:  Provided further, That the
    previous proviso shall not change the status under Federal employment
    laws of any attorney hired by the Railroad Retirement Board prior to
    January 1, 2013:  Provided further, That $10,000,000, to remain
    available until expended, shall be used to supplement, not supplant,
    existing resources devoted to operations and improvements for the
    Board's Information Technology Investment Initiatives.

    limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for
    audit, investigatory and review activities, as authorized by the
    Inspector General Act of 1978, not more than $11,000,000, to be derived
    from the railroad retirement accounts and railroad unemployment
    insurance account.

    Social Security Administration

    payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance Trust
    Fund and the Federal Disability Insurance Trust Fund, as provided under
    sections 201(m) and 1131(b)(2) of the Social Security Act, $11,400,000.

    supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act,
    section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
    amended, and section 405 of Public Law 95-216, including payment to the
    Social Security trust funds for administrative expenses incurred
    pursuant to section 201(g)(1) of the Social Security Act,
    $38,487,277,000, to remain available until expended:  Provided, That any
    portion of the funds provided to a State in the current fiscal year and
    not obligated by the State during that year shall be returned to the
    Treasury:  Provided further, That not more than $101,000,000 shall be
    available for research and demonstrations under sections 1110, 1115, and
    1144 of the Social Security Act, and remain available through September
    30, 2020.

    [[Page 761]]

    For making, after June 15 of the current fiscal year, benefit
    payments to individuals under title XVI of the Social Security Act, for
    unanticipated costs incurred for the current fiscal year, such sums as
    may be necessary.
    For making benefit payments under title XVI of the Social Security
    Act for the first quarter of fiscal year 2019, $19,500,000,000, to
    remain available until expended.

    limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor
    vehicles, and not to exceed $20,000 for official reception and
    representation expenses, not more than $12,753,945,000 may be expended,
    as authorized by section 201(g)(1) of the Social Security Act, from any
    one or all of the trust funds referred to in such section:  Provided,
    That not less than $2,300,000 shall be for the Social Security Advisory
    Board:  Provided further, That $280,000,000 shall remain available until
    expended for information technology modernization, including related
    hardware and software infrastructure and equipment, and for
    administrative expenses directly associated with information technology
    modernization:  Provided further, That $100,000,000 shall remain
    available through September 30, 2019, for activities to address the
    disability hearings backlog within the Office of Hearings Operations:
    Provided further, That unobligated balances of funds provided under this
    paragraph at the end of fiscal year 2018 not needed for fiscal year 2018
    shall remain available until expended to invest in the Social Security
    Administration information technology and telecommunications hardware
    and software infrastructure, including related equipment and non-payroll
    administrative expenses associated solely with this information
    technology and telecommunications infrastructure:  Provided further,
    That the Commissioner of Social Security shall notify the Committees on
    Appropriations of the House of Representatives and the Senate prior to
    making unobligated balances available under the authority in the
    previous proviso:  Provided further, That reimbursement to the trust
    funds under this heading for expenditures for official time for
    employees of the Social Security Administration pursuant to 5 U.S.C.
    7131, and for facilities or support services for labor organizations
    pursuant to policies, regulations, or procedures referred to in section
    7135(b) of such title shall be made by the Secretary of the Treasury,
    with interest, from amounts in the general fund not otherwise
    appropriated, as soon as possible after such expenditures are made.
    Of the total amount made available under this heading, not more than
    $1,735,000,000, to remain available through March 31, 2019, is for the
    costs associated with continuing disability reviews under titles II and
    XVI of the Social Security Act, including work-related continuing
    disability reviews to determine whether earnings derived from services
    demonstrate an individual's ability to engage in substantial gainful
    activity, for the cost associated with conducting redeterminations of
    eligibility under title XVI of the Social Security Act, for the cost of
    co-operative disability investigation units, and for the cost associated
    with the prosecution of fraud in the programs and operations of the
    Social Security Administration by Special Assistant United States
    Attorneys:  Provided, That, of such amount, $273,000,000 is provided to
    meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget
    and Emergency

    [[Page 762]]

    Deficit Control Act of 1985, as amended, and $1,462,000,000 is
    additional new budget authority specified for purposes of section
    251(b)(2)(B) of such Act:  Provided further, That the Commissioner shall
    provide to the Congress (at the conclusion of the fiscal year) a report
    on the obligation and expenditure of these funds, similar to the reports
    that were required by section 103(d)(2) of Public Law 104-121 for fiscal
    years 1996 through 2002.
    In addition, $118,000,000 to be derived from administration fees in
    excess of $5.00 per supplementary payment collected pursuant to section
    1616(d) of the Social Security Act or section 212(b)(3) of Public Law
    93-66, which shall remain available until expended. To the extent that
    the amounts collected pursuant to such sections in fiscal year 2018
    exceed $118,000,000, the amounts shall be available in fiscal year 2019
    only to the extent provided in advance in appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected
    pursuant to section 303(c) of the Social Security Protection Act, which
    shall remain available until expended.

    office of inspector general

    (including transfer of funds)

    For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $30,000,000, together with not to exceed $75,500,000, to be transferred
    and expended as authorized by section 201(g)(1) of the Social Security
    Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
    Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total provided
    in this appropriation may be transferred from the ``Limitation on
    Administrative Expenses'', Social Security Administration, to be merged
    with this account, to be available for the time and purposes for which
    this account is available:  Provided, That notice of such transfers
    shall be transmitted promptly to the Committees on Appropriations of the
    House of Representatives and the Senate at least 15 days in advance of
    any transfer.

    TITLE V

    GENERAL PROVISIONS

    (transfer of funds)

    Sec. 501.  The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act. Such transferred balances shall be used for the
    same purpose, and for the same periods of time, for which they were
    originally appropriated.
    Sec. 502.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act or
    transferred pursuant to section 4002 of Public Law 111-148 shall be
    used, other than for normal and recognized executive-legislative
    relationships, for publicity or propaganda purposes, for

    [[Page 763]]

    the preparation, distribution, or use of any kit, pamphlet, booklet,
    publication, electronic communication, radio, television, or video
    presentation designed to support or defeat the enactment of legislation
    before the Congress or any State or local legislature or legislative
    body, except in presentation to the Congress or any State or local
    legislature itself, or designed to support or defeat any proposed or
    pending regulation, administrative action, or order issued by the
    executive branch of any State or local government, except in
    presentation to the executive branch of any State or local government
    itself.
    (b) No part of any appropriation contained in this Act or
    transferred pursuant to section 4002 of Public Law 111-148 shall be used
    to pay the salary or expenses of any grant or contract recipient, or
    agent acting for such recipient, related to any activity designed to
    influence the enactment of legislation, appropriations, regulation,
    administrative action, or Executive order proposed or pending before the
    Congress or any State government, State legislature or local legislature
    or legislative body, other than for normal and recognized executive-
    legislative relationships or participation by an agency or officer of a
    State, local or tribal government in policymaking and administrative
    processes within the executive branch of that government.
    (c) The prohibitions in subsections (a) and (b) shall include any
    activity to advocate or promote any proposed, pending or future Federal,
    State or local tax increase, or any proposed, pending, or future
    requirement or restriction on any legal consumer product, including its
    sale or marketing, including but not limited to the advocacy or
    promotion of gun control.
    Sec. 504.  The Secretaries of Labor and Education are authorized to
    make available not to exceed $28,000 and $20,000, respectively, from
    funds available for salaries and expenses under titles I and III,
    respectively, for official reception and representation expenses; the
    Director of the Federal Mediation and Conciliation Service is authorized
    to make available for official reception and representation expenses not
    to exceed $5,000 from the funds available for ``Federal Mediation and
    Conciliation Service, Salaries and Expenses''; and the Chairman of the
    National Mediation Board is authorized to make available for official
    reception and representation expenses not to exceed $5,000 from funds
    available for ``National Mediation Board, Salaries and Expenses''.
    Sec. 505.  When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this Act, including but not limited
    to State and local governments and recipients of Federal research
    grants, shall clearly state--
    (1) the percentage of the total costs of the program or
    project which will be financed with Federal money;
    (2) the dollar amount of Federal funds for the project or
    program; and
    (3) percentage and dollar amount of the total costs of the
    project or program that will be financed by non-governmental
    sources.

    Sec. 506. (a) None of the funds appropriated in this Act, and none
    of the funds in any trust fund to which funds are appropriated in this
    Act, shall be expended for any abortion.

    [[Page 764]]

    (b) None of the funds appropriated in this Act, and none of the
    funds in any trust fund to which funds are appropriated in this Act,
    shall be expended for health benefits coverage that includes coverage of
    abortion.
    (c) The term ``health benefits coverage'' means the package of
    services covered by a managed care provider or organization pursuant to
    a contract or other arrangement.
    Sec. 507. (a) The limitations established in the preceding section
    shall not apply to an abortion--
    (1) if the pregnancy is the result of an act of rape or
    incest; or
    (2) in the case where a woman suffers from a physical
    disorder, physical injury, or physical illness, including a
    life-endangering physical condition caused by or arising from
    the pregnancy itself, that would, as certified by a physician,
    place the woman in danger of death unless an abortion is
    performed.

    (b) Nothing in the preceding section shall be construed as
    prohibiting the expenditure by a State, locality, entity, or private
    person of State, local, or private funds (other than a State's or
    locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as
    restricting the ability of any managed care provider from offering
    abortion coverage or the ability of a State or locality to contract
    separately with such a provider for such coverage with State funds
    (other than a State's or locality's contribution of Medicaid matching
    funds).
    (d)(1) None of the funds made available in this Act may be made
    available to a Federal agency or program, or to a State or local
    government, if such agency, program, or government subjects any
    institutional or individual health care entity to discrimination on the
    basis that the health care entity does not provide, pay for, provide
    coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an
    individual physician or other health care professional, a hospital, a
    provider-sponsored organization, a health maintenance organization, a
    health insurance plan, or any other kind of health care facility,
    organization, or plan.
    Sec. 508. (a) None of the funds made available in this Act may be
    used for--
    (1) the creation of a human embryo or embryos for research
    purposes; or
    (2) research in which a human embryo or embryos are
    destroyed, discarded, or knowingly subjected to risk of injury
    or death greater than that allowed for research on fetuses in
    utero under 45 CFR 46.204(b) and section 498(b) of the Public
    Health Service Act (42 U.S.C. 289g(b)).

    (b) For purposes of this section, the term ``human embryo or
    embryos'' includes any organism, not protected as a human subject under
    45 CFR 46 as of the date of the enactment of this Act, that is derived
    by fertilization, parthenogenesis, cloning, or any other means from one
    or more human gametes or human diploid cells.
    Sec. 509. (a) None of the funds made available in this Act may be
    used for any activity that promotes the legalization of any drug or
    other substance included in schedule I of the schedules

    [[Page 765]]

    of controlled substances established under section 202 of the Controlled
    Substances Act except for normal and recognized executive-congressional
    communications.
    (b) The limitation in subsection (a) shall not apply when there is
    significant medical evidence of a therapeutic advantage to the use of
    such drug or other substance or that federally sponsored clinical trials
    are being conducted to determine therapeutic advantage.
    Sec. 510.  None of the funds made available in this Act may be used
    to promulgate or adopt any final standard under section 1173(b) of the
    Social Security Act providing for, or providing for the assignment of, a
    unique health identifier for an individual (except in an individual's
    capacity as an employer or a health care provider), until legislation is
    enacted specifically approving the standard.
    Sec. 511.  None of the funds made available in this Act may be
    obligated or expended to enter into or renew a contract with an entity
    if--
    (1) such entity is otherwise a contractor with the United
    States and is subject to the requirement in 38 U.S.C. 4212(d)
    regarding submission of an annual report to the Secretary of
    Labor concerning employment of certain veterans; and
    (2) such entity has not submitted a report as required by
    that section for the most recent year for which such requirement
    was applicable to such entity.

    Sec. 512.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.
    Sec. 513.  None of the funds made available by this Act to carry out
    the Library Services and Technology Act may be made available to any
    library covered by paragraph (1) of section 224(f) of such Act, as
    amended by the Children's Internet Protection Act, unless such library
    has made the certifications required by paragraph (4) of such section.
    Sec. 514. (a) None of the funds provided under this Act, or provided
    under previous appropriations Acts to the agencies funded by this Act
    that remain available for obligation or expenditure in fiscal year 2018,
    or provided from any accounts in the Treasury of the United States
    derived by the collection of fees available to the agencies funded by
    this Act, shall be available for obligation or expenditure through a
    reprogramming of funds that--
    (1) creates new programs;
    (2) eliminates a program, project, or activity;
    (3) increases funds or personnel by any means for any
    project or activity for which funds have been denied or
    restricted;
    (4) relocates an office or employees;
    (5) reorganizes or renames offices;
    (6) reorganizes programs or activities; or
    (7) contracts out or privatizes any functions or activities
    presently performed by Federal employees;

    unless the Committees on Appropriations of the House of Representatives
    and the Senate are consulted 15 days in advance of such reprogramming or
    of an announcement of intent relating to such

    [[Page 766]]

    reprogramming, whichever occurs earlier, and are notified in writing 10
    days in advance of such reprogramming.
    (b) None of the funds provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2018, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a reprogramming
    of funds in excess of $500,000 or 10 percent, whichever is less, that--
    (1) augments existing programs, projects (including
    construction projects), or activities;
    (2) reduces by 10 percent funding for any existing program,
    project, or activity, or numbers of personnel by 10 percent as
    approved by Congress; or
    (3) results from any general savings from a reduction in
    personnel which would result in a change in existing programs,
    activities, or projects as approved by Congress;

    unless the Committees on Appropriations of the House of Representatives
    and the Senate are consulted 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier, and are notified in writing 10 days in advance of such
    reprogramming.
    Sec. 515. (a) None of the funds made available in this Act may be
    used to request that a candidate for appointment to a Federal scientific
    advisory committee disclose the political affiliation or voting history
    of the candidate or the position that the candidate holds with respect
    to political issues not directly related to and necessary for the work
    of the committee involved.
    (b) None of the funds made available in this Act may be used to
    disseminate information that is deliberately false or misleading.
    Sec. 516.  Within 45 days of enactment of this Act, each department
    and related agency funded through this Act shall submit an operating
    plan that details at the program, project, and activity level any
    funding allocations for fiscal year 2018 that are different than those
    specified in this Act, the accompanying detailed table in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act) or the fiscal year 2018 budget
    request.
    Sec. 517.  The Secretaries of Labor, Health and Human Services, and
    Education shall each prepare and submit to the Committees on
    Appropriations of the House of Representatives and the Senate a report
    on the number and amount of contracts, grants, and cooperative
    agreements exceeding $500,000 in value and awarded by the Department on
    a non-competitive basis during each quarter of fiscal year 2018, but not
    to include grants awarded on a formula basis or directed by law. Such
    report shall include the name of the contractor or grantee, the amount
    of funding, the governmental purpose, including a justification for
    issuing the award on a non-competitive basis. Such report shall be
    transmitted to the Committees within 30 days after the end of the
    quarter for which the report is submitted.
    Sec. 518.  None of the funds appropriated in this Act shall be
    expended or obligated by the Commissioner of Social Security, for
    purposes of administering Social Security benefit payments under title
    II of the Social Security Act, to process any claim

    [[Page 767]]

    for credit for a quarter of coverage based on work performed under a
    social security account number that is not the claimant's number and the
    performance of such work under such number has formed the basis for a
    conviction of the claimant of a violation of section 208(a)(6) or (7) of
    the Social Security Act.
    Sec. 519.  None of the funds appropriated by this Act may be used by
    the Commissioner of Social Security or the Social Security
    Administration to pay the compensation of employees of the Social
    Security Administration to administer Social Security benefit payments,
    under any agreement between the United States and Mexico establishing
    totalization arrangements between the social security system established
    by title II of the Social Security Act and the social security system of
    Mexico, which would not otherwise be payable but for such agreement.
    Sec. 520.  Notwithstanding any other provision of this Act, no funds
    appropriated in this Act shall be used to purchase sterile needles or
    syringes for the hypodermic injection of any illegal drug:  Provided,
    That such limitation does not apply to the use of funds for elements of
    a program other than making such purchases if the relevant State or
    local health department, in consultation with the Centers for Disease
    Control and Prevention, determines that the State or local jurisdiction,
    as applicable, is experiencing, or is at risk for, a significant
    increase in hepatitis infections or an HIV outbreak due to injection
    drug use, and such program is operating in accordance with State and
    local law.
    Sec. 521. (a) None of the funds made available in this Act may be
    used to maintain or establish a computer network unless such network
    blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities.
    Sec. 522.  None of the funds made available under this or any other
    Act, or any prior Appropriations Act, may be provided to the Association
    of Community Organizations for Reform Now (ACORN), or any of its
    affiliates, subsidiaries, allied organizations, or successors.
    Sec. 523.  For purposes of carrying out Executive Order 13589,
    Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
    and requirements contained in the annual appropriations bills relating
    to conference attendance and expenditures:
    (1) the operating divisions of HHS shall be considered
    independent agencies; and
    (2) attendance at and support for scientific conferences
    shall be tabulated separately from and not included in agency
    totals.

    Sec. 524.  Federal agencies funded under this Act shall clearly
    state within the text, audio, or video used for advertising or
    educational purposes, including emails or Internet postings, that the
    communication is printed, published, or produced and disseminated at
    U.S. taxpayer expense. The funds used by a Federal agency to carry out
    this requirement shall be derived from amounts made available to the
    agency for advertising or other communications regarding the programs
    and activities of the agency.
    Sec. 525. (a) Federal agencies may use Federal discretionary funds
    that are made available in this Act to carry out up to

    [[Page 768]]

    10 Performance Partnership Pilots. Such Pilots shall be governed by the
    provisions of section 526 of division H of Public Law 113-76, except
    that in carrying out such Pilots section 526 shall be applied by
    substituting ``Fiscal Year 2018'' for ``Fiscal Year 2014'' in the title
    of subsection (b) and by substituting ``September 30, 2022'' for
    ``September 30, 2018'' each place it appears:  Provided, That such
    pilots shall include communities that have experienced civil unrest.
    (b) In addition, Federal agencies may use Federal discretionary
    funds that are made available in this Act to participate in Performance
    Partnership Pilots that are being carried out pursuant to the authority
    provided by section 526 of division H of Public Law 113-76, section 524
    of division G of Public Law 113-235, section 525 of division H of Public
    Law 114-113, and section 525 of division H of Public Law 115-31.
    (c) Pilot sites selected under authorities in this Act and prior
    appropriations Acts may be granted by relevant agencies up to an
    additional 5 years to operate under such authorities.
    Sec. 526. <>   Not later than 30 days after
    the end of each calendar quarter, beginning with the first quarter of
    fiscal year 2013, the Departments of Labor, Health and Human Services
    and Education and the Social Security Administration shall provide the
    Committees on Appropriations of the House of Representatives and Senate
    a quarterly report on the status of balances of appropriations:
    Provided, That for balances that are unobligated and uncommitted,
    committed, and obligated but unexpended, the quarterly reports shall
    separately identify the amounts attributable to each source year of
    appropriation (beginning with fiscal year 2012, or, to the extent
    feasible, earlier fiscal years) from which balances were derived.

    (rescission)

    Sec. 527.  Of any available amounts appropriated under section
    2104(a)(21) of the Social Security Act (42 U.S.C. 1397dd) that are
    unobligated as of September 25, 2018, $3,572,000,000 are hereby
    rescinded as of such date.
    Sec. 528.  Amounts deposited in the Child Enrollment Contingency
    Fund prior to the beginning of fiscal year 2018 under section 2104(n)(2)
    of the Social Security Act and the income derived from investment of
    those funds pursuant to section 2104(n)(2)(C) of that Act, shall not be
    available for obligation in this fiscal year.
    Sec. 529.  Of the amounts deposited in the Child Enrollment
    Contingency Fund for fiscal year 2018 under section 2104(n)(2) of the
    Social Security Act and the income derived from investment of those
    funds pursuant to section 2104(n)(2)(C) of that Act, $1,967,678,000
    shall not be available for obligation in this fiscal year.

    (rescission)

    Sec. 530.  Of the funds made available for purposes of carrying out
    section 2105(a)(3) of the Social Security Act, $88,613,000 are hereby
    rescinded.

    [[Page 769]]

    (rescission)

    Sec. 531.  Any unobligated balances of available amounts
    appropriated under section 108 of Public Law 111-3, as amended, other
    than amounts subject to section 210(f) of the Social Security Act, are
    hereby rescinded.
    This division may be cited as the ``Departments of Labor, Health and
    Human Services, and Education, and Related Agencies Appropriations Act,
    2018''.

    DIVISION I-- <> LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018

    TITLE I

    LEGISLATIVE BRANCH

    SENATE

    Expense Allowances

    For expense allowances of the Vice President, $18,760; the President
    Pro Tempore of the Senate, $37,520; Majority Leader of the Senate,
    $39,920; Minority Leader of the Senate, $39,920; Majority Whip of the
    Senate, $9,980; Minority Whip of the Senate, $9,980; President Pro
    Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
    Conference Committees, $4,690 for each Chairman; and Chairmen of the
    Majority and Minority Policy Committees, $4,690 for each Chairman; in
    all, $189,840.
    For representation allowances of the Majority and Minority Leaders
    of the Senate, $14,070 for each such Leader; in all, $28,140.

    Salaries, Officers and Employees

    For compensation of officers, employees, and others as authorized by
    law, including agency contributions, $194,867,812, which shall be paid
    from this appropriation as follows:

    office of the vice president

    For the Office of the Vice President, $2,417,248.

    office of the president pro tempore

    For the Office of the President Pro Tempore, $723,466.

    office of the president pro tempore emeritus

    For the Office of the President Pro Tempore Emeritus, $309,000.

    offices of the majority and minority leaders

    For Offices of the Majority and Minority Leaders, $5,255,576.

    offices of the majority and minority whips

    For Offices of the Majority and Minority Whips, $3,359,424.

    [[Page 770]]

    committee on appropriations

    For salaries of the Committee on Appropriations, $15,142,000.

    conference committees

    For the Conference of the Majority and the Conference of the
    Minority, at rates of compensation to be fixed by the Chairman of each
    such committee, $1,658,000 for each such committee; in all, $3,316,000.

    offices of the secretaries of the conference of the majority and the
    conference of the minority

    For Offices of the Secretaries of the Conference of the Majority and
    the Conference of the Minority, $817,402.

    policy committees

    For salaries of the Majority Policy Committee and the Minority
    Policy Committee, $1,692,905 for each such committee; in all,
    $3,385,810.

    office of the chaplain

    For Office of the Chaplain, $436,886.

    office of the secretary

    For Office of the Secretary, $25,132,000.

    office of the sergeant at arms and doorkeeper

    For Office of the Sergeant at Arms and Doorkeeper, $78,565,000.

    offices of the secretaries for the majority and minority

    For Offices of the Secretary for the Majority and the Secretary for
    the Minority, $1,810,000.

    agency contributions and related expenses

    For agency contributions for employee benefits, as authorized by
    law, and related expenses, $54,198,000.

    Office of the Legislative Counsel of the Senate

    For salaries and expenses of the Office of the Legislative Counsel
    of the Senate, $6,115,000.

    Office of Senate Legal Counsel

    For salaries and expenses of the Office of Senate Legal Counsel,
    $1,147,000.

    [[Page 771]]

    Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
    Doorkeeper of the Senate, and Secretaries for the Majority and Minority
    of the Senate

    For expense allowances of the Secretary of the Senate, $7,110;
    Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for the
    Majority of the Senate, $7,110; Secretary for the Minority of the
    Senate, $7,110; in all, $28,440.

    Contingent Expenses of the Senate

    inquiries and investigations

    For expenses of inquiries and investigations ordered by the Senate,
    or conducted under paragraph 1 of rule XXVI of the Standing Rules of the
    Senate, section 112 of the Supplemental Appropriations and Rescission
    Act, 1980 (Public Law 96-304), and Senate Resolution 281, 96th Congress,
    agreed to March 11, 1980, $133,265,000, of which $26,650,000 shall
    remain available until September 30, 2020.

    u.s. senate caucus on international narcotics control

    For expenses of the United States Senate Caucus on International
    Narcotics Control, $508,000.

    secretary of the senate

    For expenses of the Office of the Secretary of the Senate,
    $10,536,000 of which $7,036,000 shall remain available until September
    30, 2022 and of which $4,100,000 shall remain available until expended.

    sergeant at arms and doorkeeper of the senate

    For expenses of the Office of the Sergeant at Arms and Doorkeeper of
    the Senate, $130,076,000, which shall remain available until September
    30, 2022.

    miscellaneous items

    For miscellaneous items, $18,870,349 which shall remain available
    until September 30, 2020.

    senators' official personnel and office expense account

    For Senators' Official Personnel and Office Expense Account,
    $424,000,000 of which $20,128,950 shall remain available until September
    30, 2020.

    official mail costs

    For expenses necessary for official mail costs of the Senate,
    $300,000.

    [[Page 772]]

    Administrative Provisions

    requiring amounts remaining in senators' official personnel and office
    expense account to be used for deficit reduction or to reduce the
    federal debt

    Sec. 101.  Notwithstanding any other provision of law, any amounts
    appropriated under this Act under the heading ``SENATE'' under the
    heading ``Contingent Expenses of the Senate'' under the heading
    ``senators' official personnel and office expense account'' shall be
    available for obligation only during the fiscal year or fiscal years for
    which such amounts are made available. Any unexpended balances under
    such allowances remaining after the end of the period of availability
    shall be returned to the Treasury in accordance with the undesignated
    paragraph under the center heading ``GENERAL PROVISION'' under chapter
    XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and
    used for deficit reduction (or, if there is no Federal budget deficit
    after all such payments have been made, for reducing the Federal debt,
    in such manner as the Secretary of the Treasury considers appropriate).

    senate procurements

    Sec. 102.  Section 6102 of title 41, United States Code, is amended
    by adding at the end the following:
    ``(i) Senate.--Section 6101 of this title does not apply to
    agreements, contracts or purchases by any office of the Senate.''.

    student loan repayment for employees of departing senators and vice
    presidents

    Sec. 103. (a) Section 102 of the Legislative Branch Appropriations
    Act, 2002 (2 U.S.C. 4579) is amended--
    (1) in subsection (a)--
    (A) by redesignating paragraphs (1) through (5) as
    paragraphs (3) through (7), respectively;
    (B) by inserting before paragraph (3), as so
    redesignated, the following:
    ``(1) Departure date.--The term `departure date' means the
    earlier of--
    ``(A) the date on which the term of a departing
    Senator or Vice President ends; or
    ``(B) the date on which the departing Senator or
    Vice President will retire or resign.
    ``(2) Departing senator or vice president.--The term
    `departing Senator or Vice President' means a Senator or Vice
    President who will not serve in the next term due to retirement,
    resignation, a decision to not seek reelection, or a failure to
    secure reelection.''; and
    (C) in paragraph (3)(B), as so redesignated, by
    striking ``rate of basic pay for an employee for a
    position at ES-1'' and all that follows and inserting
    ``rate of basic pay payable for a position at level IV
    of the Executive Schedule under section 5315 of title 5,
    United States Code.'';
    (2) in subsection (b)(1)(A)(ii), by striking ``1-year'';
    (3) in subsection (c)(1)--
    (A) by striking ``The term'' and inserting the
    following:

    [[Page 773]]

    ``(A) In general.--Except as provided in
    subparagraph (B), the term''; and
    (B) by adding at the end the following:
    ``(B) Departing senators and vice presidents.--After
    the date that is 1 year before the departure date of a
    departing Senator or Vice President, the departing
    Senator or Vice President may enter into a service
    agreement under this section with an eligible employee
    of the office of the Senator or Vice President
    (including an eligible employee who has completed a
    required period of employment under a previous service
    agreement) that includes a required period of employment
    that--
    ``(i) is less than 1 year; and
    ``(ii) shall end on the last day of the last
    full pay period ending on or before the departure
    date of the departing Senator or Vice
    President.'';
    (4) in subsection (d)--
    (A) in paragraph (2)--
    (i) in subparagraph (A), by striking ``or'' at
    the end;
    (ii) in subparagraph (B), by striking ``under
    subsection (f)(7).'' and inserting a semicolon;
    and
    (iii) by adding at the end the following:
    ``(C) the agreement is terminated as provided under
    subsection (f)(7)(A); or
    ``(D) the employee separates from service with the
    office of a departing Senator or Vice President.''; and
    (B) in paragraph (3), by inserting ``(including a
    required period of employment described in subsection
    (c)(1)(B))'' after ``required period of employment'';
    and
    (5) in subsection (f), by striking paragraph (7) and
    inserting the following:
    ``(7) Change in payments.--
    ``(A) Reduction.--
    ``(i) In general.--Notwithstanding the terms
    of a service agreement under this section, the
    head of an employing office may reduce the amount
    of student loan payments made under the agreement
    if adequate funds are not available to such
    office.
    ``(ii) Notice.--If the head of an employing
    office decides to reduce the amount of student
    loan payments to an eligible employee under clause
    (i)--
    ``(I) the employing office shall
    concurrently notify the eligible
    employee and the Secretary of the Senate
    of the reduction; and
    ``(II) not later than 30 days after
    the date of the concurrent notice, the
    eligible employee may terminate the
    service agreement.
    ``(B) Increase.--Notwithstanding the terms of a
    service agreement under this section, the head of an
    employing office, with the consent of an eligible
    employee, may increase the amount of student loan
    payments made under the agreement with the eligible
    employee, if--
    ``(i) the office has adequate funds available
    for the purpose of agreements under this section;
    ``(ii) the amount of the increased payment
    does not exceed the limitations under this
    section; and

    [[Page 774]]

    ``(iii) the total amount of the loan payments
    to be made (including such increase) during the
    remainder of the required period of employment
    does not exceed the amount of student loan
    indebtedness of the eligible employee as of the
    date of the increase.''.

    (b) <>  The amendments made by this section
    shall--
    (1) take effect on the date of enactment of this Act; and
    (2) apply to a service agreement under section 102 of the
    Legislative Branch Appropriations Act, 2002 (2 U.S.C. 4579) that
    is in effect on the date of enactment of this Act or entered
    into on or after the date of enactment of this Act.

    HOUSE OF REPRESENTATIVES

    Salaries and Expenses

    For salaries and expenses of the House of Representatives,
    $1,200,000,766, as follows:

    House Leadership Offices

    For salaries and expenses, as authorized by law, $22,278,891,
    including: Office of the Speaker, $6,645,417, including $25,000 for
    official expenses of the Speaker; Office of the Majority Floor Leader,
    $2,180,048, including $10,000 for official expenses of the Majority
    Leader; Office of the Minority Floor Leader, $7,114,471, including
    $10,000 for official expenses of the Minority Leader; Office of the
    Majority Whip, including the Chief Deputy Majority Whip, $1,886,632,
    including $5,000 for official expenses of the Majority Whip; Office of
    the Minority Whip, including the Chief Deputy Minority Whip, $1,459,639,
    including $5,000 for official expenses of the Minority Whip; Republican
    Conference, $1,505,426; Democratic Caucus, $1,487,258:  Provided, That
    such amount for salaries and expenses shall remain available from
    January 3, 2018 until January 2, 2019.

    Members' Representational Allowances

    Including Members' Clerk Hire, Official Expenses of Members, and
    Official Mail

    For Members' representational allowances, including Members' clerk
    hire, official expenses, and official mail, $562,632,498.

    Committee Employees

    Standing Committees, Special and Select

    For salaries and expenses of standing committees, special and
    select, authorized by House resolutions, $127,053,373:  Provided, That
    such amount shall remain available for such salaries and expenses until
    December 31, 2018, except that $3,150,200 of such amount shall remain
    available until expended for committee room upgrading.

    [[Page 775]]

    Committee on Appropriations

    For salaries and expenses of the Committee on Appropriations,
    $23,226,000, including studies and examinations of executive agencies
    and temporary personal services for such committee, to be expended in
    accordance with section 202(b) of the Legislative Reorganization Act of
    1946 and to be available for reimbursement to agencies for services
    performed:  Provided, That such amount shall remain available for such
    salaries and expenses until December 31, 2018.

    Salaries, Officers and Employees

    For compensation and expenses of officers and employees, as
    authorized by law, $204,356,000, including: for salaries and expenses of
    the Office of the Clerk, including the positions of the Chaplain and the
    Historian, and including not more than $25,000 for official
    representation and reception expenses, of which not more than $20,000 is
    for the Family Room and not more than $2,000 is for the Office of the
    Chaplain, $27,945,000; for salaries and expenses of the Office of the
    Sergeant at Arms, including the position of Superintendent of Garages
    and the Office of Emergency Management, and including not more than
    $3,000 for official representation and reception expenses, $20,505,000
    of which $6,696,000 shall remain available until expended; for salaries
    and expenses of the Office of the Chief Administrative Officer including
    not more than $3,000 for official representation and reception expenses,
    $132,865,000, of which $2,108,000 shall remain available until expended;
    for salaries and expenses of the Office of the Inspector General,
    $4,968,000; for salaries and expenses of the Office of General Counsel,
    $1,492,000; for salaries and expenses of the Office of the
    Parliamentarian, including the Parliamentarian, $2,000 for preparing the
    Digest of Rules, and not more than $1,000 for official representation
    and reception expenses, $2,037,000; for salaries and expenses of the
    Office of the Law Revision Counsel of the House, $3,209,000; for
    salaries and expenses of the Office of the Legislative Counsel of the
    House, $9,937,000; for salaries and expenses of the Office of
    Interparliamentary Affairs, $814,000; for other authorized employees,
    $584,000.

    Allowances and Expenses

    For allowances and expenses as authorized by House resolution or
    law, $260,454,004, including: supplies, materials, administrative costs
    and Federal tort claims, $3,625,000; official mail for committees,
    leadership offices, and administrative offices of the House, $190,000;
    Government contributions for health, retirement, Social Security, and
    other applicable employee benefits, $233,040,004, to remain available
    until March 31, 2019; Business Continuity and Disaster Recovery,
    $16,186,000 of which $5,000,000 shall remain available until expended;
    transition activities for new members and staff, $2,273,000, to remain
    available until expended; Wounded Warrior Program $2,750,000, to remain
    available until expended; Office of Congressional Ethics, $1,670,000;
    and miscellaneous items including purchase, exchange, maintenance,
    repair and operation of House motor vehicles, interparliamentary
    receptions, and gratuities to heirs of deceased employees of the House,
    $720,000.

    [[Page 776]]

    Administrative Provisions

    requiring amounts remaining in members' representational allowances to
    be used for deficit reduction or to reduce the federal debt

    Sec. 110. (a) Notwithstanding any other provision of law, any
    amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
    Salaries and Expenses--Members' Representational Allowances'' shall be
    available only for fiscal year 2018. Any amount remaining after all
    payments are made under such allowances for fiscal year 2018 shall be
    deposited in the Treasury and used for deficit reduction (or, if there
    is no Federal budget deficit after all such payments have been made, for
    reducing the Federal debt, in such manner as the Secretary of the
    Treasury considers appropriate).
    (b) Regulations.--The Committee on House Administration of the House
    of Representatives shall have authority to prescribe regulations to
    carry out this section.
    (c) Definition.--As used in this section, the term ``Member of the
    House of Representatives'' means a Representative in, or a Delegate or
    Resident Commissioner to, the Congress.

    delivery of bills and resolutions

    Sec. 111.  None of the funds made available in this Act may be used
    to deliver a printed copy of a bill, joint resolution, or resolution to
    the office of a Member of the House of Representatives (including a
    Delegate or Resident Commissioner to the Congress) unless the Member
    requests a copy.

    delivery of congressional record

    Sec. 112.  None of the funds made available by this Act may be used
    to deliver a printed copy of any version of the Congressional Record to
    the office of a Member of the House of Representatives (including a
    Delegate or Resident Commissioner to the Congress).

    limitation on amount available to lease vehicles

    Sec. 113.  None of the funds made available in this Act may be used
    by the Chief Administrative Officer of the House of Representatives to
    make any payments from any Members' Representational Allowance for the
    leasing of a vehicle, excluding mobile district offices, in an aggregate
    amount that exceeds $1,000 for the vehicle in any month.

    limitation on printed copies of u.s. code to house

    Sec. 114.  None of the funds made available by this Act may be used
    to provide an aggregate number of more than 50 printed copies of any
    edition of the United States Code to all offices of the House of
    Representatives.

    delivery of reports of disbursements

    Sec. 115.  None of the funds made available by this Act may be used
    to deliver a printed copy of the report of disbursements for the
    operations of the House of Representatives under section

    [[Page 777]]

    106 of the House of Representatives Administrative Reform Technical
    Corrections Act (2 U.S.C. 5535) to the office of a Member of the House
    of Representatives (including a Delegate or Resident Commissioner to the
    Congress).

    delivery of daily calendar

    Sec. 116.  None of the funds made available by this Act may be used
    to deliver to the office of a Member of the House of Representatives
    (including a Delegate or Resident Commissioner to the Congress) a
    printed copy of the Daily Calendar of the House of Representatives which
    is prepared by the Clerk of the House of Representatives.

    delivery of congressional pictorial directory

    Sec. 117.  None of the funds made available by this Act may be used
    to deliver a printed copy of the Congressional Pictorial Directory to
    the office of a Member of the House of Representatives (including a
    Delegate or Resident Commissioner to the Congress).

    amending the house services revolving fund

    Sec. 118. (a) Collection of Certain Service Fees.--Section 105(a) of
    the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 5545(a)) is
    amended by adding at the end the following new paragraph:
    ``(7) The collection of a service fee from vendors of the
    Master Web Services Agreement or the Technology Services
    Contract for failure to abide by and maintain House of
    Representatives security policies.''.

    (b) <>  Effective Date.--The amendment made
    by subsection (a) shall take effect on the date of the enactment of this
    Act.

    transfer of funds

    Sec. 119. <>  (a) Notwithstanding any other
    provision of law, upon completion of the second fiscal year which begins
    after the end of the period during which amounts appropriated under any
    of the items under the heading ``House of Representatives, Salaries and
    Expenses'' are available for obligation or expenditure, any such amounts
    which remain unobligated and unexpended shall be transferred to the
    heading ``House of Representatives, Salaries and Expenses, Allowances
    and Expenses'' and shall be available until expended for purposes of
    House of Representatives Business Continuity and Disaster Recovery.

    (b) Subsection (a) does not apply to amounts appropriated under the
    heading ``House of Representatives, Salaries and Expenses, Members'
    Representational Allowances''.
    (c) The Chief Administrative Officer of the House of Representatives
    shall notify the Committee on Appropriations of the House of
    Representatives prior to the obligation or expenditure of any amounts
    transferred under subsection (a).
    (d) This section shall apply with respect to amounts appropriated
    for fiscal year 2018 or any succeeding fiscal year.

    [[Page 778]]

    JOINT ITEMS

    For Joint Committees, as follows:

    Joint Economic Committee

    For salaries and expenses of the Joint Economic Committee,
    $4,203,000, to be disbursed by the Secretary of the Senate.

    Joint Committee on Taxation

    For salaries and expenses of the Joint Committee on Taxation,
    $11,169,000, to be disbursed by the Chief Administrative Officer of the
    House of Representatives.
    For other joint items, as follows:

    Office of the Attending Physician

    For medical supplies, equipment, and contingent expenses of the
    emergency rooms, and for the Attending Physician and his assistants,
    including:
    (1) an allowance of $2,175 per month to the Attending
    Physician;
    (2) an allowance of $1,300 per month to the Senior Medical
    Officer;
    (3) an allowance of $725 per month each to three medical
    officers while on duty in the Office of the Attending Physician;
    (4) an allowance of $725 per month to 2 assistants and $580
    per month each not to exceed 11 assistants on the basis
    heretofore provided for such assistants; and
    (5) $2,780,000 for reimbursement to the Department of the
    Navy for expenses incurred for staff and equipment assigned to
    the Office of the Attending Physician, which shall be advanced
    and credited to the applicable appropriation or appropriations
    from which such salaries, allowances, and other expenses are
    payable and shall be available for all the purposes thereof,
    $3,838,000, to be disbursed by the Chief Administrative Officer
    of the House of Representatives.

    Office of Congressional Accessibility Services

    Salaries and Expenses

    For salaries and expenses of the Office of Congressional
    Accessibility Services, $1,444,000, to be disbursed by the Secretary of
    the Senate.

    CAPITOL POLICE

    Salaries

    For salaries of employees of the Capitol Police, including overtime,
    hazardous duty pay, and Government contributions for health, retirement,
    social security, professional liability insurance, and other applicable
    employee benefits, $351,700,000 of which overtime shall not exceed
    $45,000,000 unless the Committee on Appropriations of the House and
    Senate are notified, to be disbursed by the Chief of the Capitol Police
    or his designee.

    [[Page 779]]

    General Expenses

    For necessary expenses of the Capitol Police, including motor
    vehicles, communications and other equipment, security equipment and
    installation, uniforms, weapons, supplies, materials, training, medical
    services, forensic services, stenographic services, personal and
    professional services, the employee assistance program, the awards
    program, postage, communication services, travel advances, relocation of
    instructor and liaison personnel for the Federal Law Enforcement
    Training Center, and not more than $5,000 to be expended on the
    certification of the Chief of the Capitol Police in connection with
    official representation and reception expenses, $74,800,000, to be
    disbursed by the Chief of the Capitol Police or his designee:  Provided,
    That, notwithstanding any other provision of law, the cost of basic
    training for the Capitol Police at the Federal Law Enforcement Training
    Center for fiscal year 2018 shall be paid by the Secretary of Homeland
    Security from funds available to the Department of Homeland Security.

    OFFICE OF COMPLIANCE

    Salaries and Expenses

    For salaries and expenses of the Office of Compliance, as authorized
    by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C.
    1385), $4,959,000, of which $450,000 shall remain available until
    September 30, 2019:  Provided, That not more than $500 may be expended
    on the certification of the Executive Director of the Office of
    Compliance in connection with official representation and reception
    expenses.

    CONGRESSIONAL BUDGET OFFICE

    Salaries and Expenses

    For salaries and expenses necessary for operation of the
    Congressional Budget Office, including not more than $6,000 to be
    expended on the certification of the Director of the Congressional
    Budget Office in connection with official representation and reception
    expenses, $49,945,000.

    Administrative Provision

    contracting parity

    Sec. 130. <>   In fiscal year 2018 and
    thereafter, for all contracts for goods and services to which the
    Congressional Budget Office is a party, the following Federal
    Acquisition Regulation (FAR) clauses will apply: FAR 52.232-39 and FAR
    52.233-4.

    ARCHITECT OF THE CAPITOL

    Capital Construction and Operations

    For salaries for the Architect of the Capitol, and other personal
    services, at rates of pay provided by law; for all necessary expenses
    for surveys and studies, construction, operation, and general and
    administrative support in connection with facilities and activities

    [[Page 780]]

    under the care of the Architect of the Capitol including the Botanic
    Garden; electrical substations of the Capitol, Senate and House office
    buildings, and other facilities under the jurisdiction of the Architect
    of the Capitol; including furnishings and office equipment; including
    not more than $5,000 for official reception and representation expenses,
    to be expended as the Architect of the Capitol may approve; for purchase
    or exchange, maintenance, and operation of a passenger motor vehicle,
    $93,478,000.

    Capitol Building

    For all necessary expenses for the maintenance, care and operation
    of the Capitol, $45,300,000, of which $19,458,000 shall remain available
    until September 30, 2022.

    Capitol Grounds

    For all necessary expenses for care and improvement of grounds
    surrounding the Capitol, the Senate and House office buildings, and the
    Capitol Power Plant, $13,333,000, of which $3,195,000 shall remain
    available until September 30, 2022.

    Senate Office Buildings

    For all necessary expenses for the maintenance, care and operation
    of Senate office buildings; and furniture and furnishings to be expended
    under the control and supervision of the Architect of the Capitol,
    $101,614,000, of which $38,937,000 shall remain available until
    September 30, 2022.

    House Office Buildings

    For all necessary expenses for the maintenance, care and operation
    of the House office buildings, $197,294,000, of which $73,130,000 shall
    remain available until September 30, 2022, and of which $62,000,000
    shall remain available until expended for the restoration and renovation
    of the Cannon House Office Building.
    In addition, for a payment to the House Historic Buildings
    Revitalization Trust Fund, $10,000,000, to remain available until
    expended.

    Capitol Power Plant

    For all necessary expenses for the maintenance, care and operation
    of the Capitol Power Plant; lighting, heating, power (including the
    purchase of electrical energy) and water and sewer services for the
    Capitol, Senate and House office buildings, Library of Congress
    buildings, and the grounds about the same, Botanic Garden, Senate
    garage, and air conditioning refrigeration not supplied from plants in
    any of such buildings; heating the Government Publishing Office and
    Washington City Post Office, and heating and chilled water for air
    conditioning for the Supreme Court Building, the Union Station complex,
    the Thurgood Marshall Federal Judiciary Building and the Folger
    Shakespeare Library, expenses for which shall be advanced or reimbursed
    upon request of the Architect of the Capitol and amounts so received
    shall be deposited into the Treasury to the credit of this
    appropriation, $106,694,000, of which $28,057,000 shall remain available
    until September 30, 2022:

    [[Page 781]]

    Provided, That not more than $9,000,000 of the funds credited or to be
    reimbursed to this appropriation as herein provided shall be available
    for obligation during fiscal year 2018.

    Library Buildings and Grounds

    For all necessary expenses for the mechanical and structural
    maintenance, care and operation of the Library buildings and grounds,
    $74,873,000, of which $47,500,000 shall remain available until September
    30, 2022.

    Capitol Police Buildings, Grounds and Security

    For all necessary expenses for the maintenance, care and operation
    of buildings, grounds and security enhancements of the United States
    Capitol Police, wherever located, the Alternate Computing Facility, and
    Architect of the Capitol security operations, $34,249,000, of which
    $13,300,000 shall remain available until September 30, 2022.

    Botanic Garden

    For all necessary expenses for the maintenance, care and operation
    of the Botanic Garden and the nurseries, buildings, grounds, and
    collections; and purchase and exchange, maintenance, repair, and
    operation of a passenger motor vehicle; all under the direction of the
    Joint Committee on the Library, $13,800,000, of which $3,000,000 shall
    remain available until September 30, 2022:  Provided, That, of the
    amount made available under this heading, the Architect of the Capitol
    may obligate and expend such sums as may be necessary for the
    maintenance, care and operation of the National Garden established under
    section 307E of the Legislative Branch Appropriations Act, 1989 (2
    U.S.C. 2146), upon vouchers approved by the Architect of the Capitol or
    a duly authorized designee.

    Capitol Visitor Center

    For all necessary expenses for the operation of the Capitol Visitor
    Center, $21,470,000.

    Administrative Provisions

    no bonuses for contractors behind schedule or over budget

    Sec. 140.  None of the funds made available in this Act for the
    Architect of the Capitol may be used to make incentive or award payments
    to contractors for work on contracts or programs for which the
    contractor is behind schedule or over budget, unless the Architect of
    the Capitol, or agency-employed designee, determines that any such
    deviations are due to unforeseeable events, government-driven scope
    changes, or are not significant within the overall scope of the project
    and/or program.

    scrims

    Sec. 141.  None of the funds made available by this Act may be used
    for scrims containing photographs of building facades during

    [[Page 782]]

    restoration or construction projects performed by the Architect of the
    Capitol.

    LIBRARY OF CONGRESS

    Salaries and Expenses

    For all necessary expenses of the Library of Congress not otherwise
    provided for, including development and maintenance of the Library's
    catalogs; custody and custodial care of the Library buildings; special
    clothing; cleaning, laundering and repair of uniforms; preservation of
    motion pictures in the custody of the Library; operation and maintenance
    of the American Folklife Center in the Library; preparation and
    distribution of catalog records and other publications of the Library;
    hire or purchase of one passenger motor vehicle; and expenses of the
    Library of Congress Trust Fund Board not properly chargeable to the
    income of any trust fund held by the Board, $477,017,000, of which not
    more than $6,000,000 shall be derived from collections credited to this
    appropriation during fiscal year 2018, and shall remain available until
    expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
    U.S.C. 150) and not more than $350,000 shall be derived from collections
    during fiscal year 2018 and shall remain available until expended for
    the development and maintenance of an international legal information
    database and activities related thereto:  Provided, That the Library of
    Congress may not obligate or expend any funds derived from collections
    under the Act of June 28, 1902, in excess of the amount authorized for
    obligation or expenditure in appropriations Acts:  Provided further,
    That the total amount available for obligation shall be reduced by the
    amount by which collections are less than $6,350,000:  Provided further,
    That of the total amount appropriated, not more than $12,000 may be
    expended, on the certification of the Librarian of Congress, in
    connection with official representation and reception expenses for the
    Overseas Field Offices:  Provided further, That of the total amount
    appropriated, $8,653,000 shall remain available until expended for the
    digital collections and educational curricula program:  Provided
    further, That of the total amount appropriated, $1,300,000 shall remain
    available until expended for upgrade of the Legislative Branch Financial
    Management System:  Provided further, That of the total amount
    appropriated, $10,000,000 is provided to enhance public exhibits and
    visitor services at the Library; of which $2,000,000 shall remain
    available until September 30, 2020 for planning, including developing
    direct and indirect cost estimates in conjunction with the Architect of
    the Capitol; and of which $8,000,000, to remain available until
    expended, may be obligated and expended only upon written approval by
    the Chair and ranking minority member of the Subcommittee on the
    Legislative Branch of the Committee on Appropriations of the House of
    Representatives and by the Chair and ranking minority member of the
    Subcommittee on the Legislative Branch of the Committee on
    Appropriations of the Senate, following review of a project budget
    justification and cost estimate.

    [[Page 783]]

    Copyright Office

    salaries and expenses

    For all necessary expenses of the Copyright Office, $72,011,000, of
    which not more than $35,218,000, to remain available until expended,
    shall be derived from collections credited to this appropriation during
    fiscal year 2018 under section 708(d) of title 17, United States Code:
    Provided, That the Copyright Office may not obligate or expend any funds
    derived from collections under such section, in excess of the amount
    authorized for obligation or expenditure in appropriations Acts:
    Provided further, That not more than $6,087,000 shall be derived from
    collections during fiscal year 2018 under sections 111(d)(2), 119(b)(3),
    803(e), 1005, and 1316 of such title:  Provided further, That the total
    amount available for obligation shall be reduced by the amount by which
    collections are less than $41,305,000:  Provided further, That
    $2,260,000 shall be derived from prior year unobligated balances:
    Provided further, That not more than $100,000 of the amount appropriated
    is available for the maintenance of an ``International Copyright
    Institute'' in the Copyright Office of the Library of Congress for the
    purpose of training nationals of developing countries in intellectual
    property laws and policies:  Provided further, That not more than $6,500
    may be expended, on the certification of the Librarian of Congress, in
    connection with official representation and reception expenses for
    activities of the International Copyright Institute and for copyright
    delegations, visitors, and seminars:  Provided further, That,
    notwithstanding any provision of chapter 8 of title 17, United States
    Code, any amounts made available under this heading which are
    attributable to royalty fees and payments received by the Copyright
    Office pursuant to sections 111, 119, and chapter 10 of such title may
    be used for the costs incurred in the administration of the Copyright
    Royalty Judges program, with the exception of the costs of salaries and
    benefits for the Copyright Royalty Judges and staff under section
    802(e).

    Congressional Research Service

    salaries and expenses

    For all necessary expenses to carry out the provisions of section
    203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
    revise and extend the Annotated Constitution of the United States of
    America, $119,279,000:  Provided, That no part of such amount may be
    used to pay any salary or expense in connection with any publication, or
    preparation of material therefor (except the Digest of Public General
    Bills), to be issued by the Library of Congress unless such publication
    has obtained prior approval of either the Committee on House
    Administration of the House of Representatives or the Committee on Rules
    and Administration of the Senate:  Provided further, That this
    prohibition does not apply to publication of non-confidential
    Congressional Research Service (CRS) products:  Provided further, That a
    non-confidential CRS product includes any written product containing
    research or analysis that is currently available for general
    congressional access on the CRS Congressional Intranet, or that would be
    made available on the CRS Congressional Intranet in the normal course of
    business

    [[Page 784]]

    and does not include material prepared in response to Congressional
    requests for confidential analysis or research.

    Books for the Blind and Physically Handicapped

    salaries and expenses

    For all necessary expenses to carry out the Act of March 3, 1931
    (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $51,498,000:  Provided,
    That of the total amount appropriated, $650,000 shall be available to
    contract to provide newspapers to blind and physically handicapped
    residents at no cost to the individual.

    Administrative Provisions

    reimbursable and revolving fund activities

    Sec. 150. (a) In General.--For fiscal year 2018, the obligational
    authority of the Library of Congress for the activities described in
    subsection (b) may not exceed $190,642,000.
    (b) Activities.--The activities referred to in subsection (a) are
    reimbursable and revolving fund activities that are funded from sources
    other than appropriations to the Library in appropriations Acts for the
    legislative branch.

    revolving funds update

    Sec. 151.  The Library of Congress Fiscal Operations Improvement Act
    of 2000 (2 U.S.C. 182a et seq.; Public Law 106-481) is amended--
    (1) in section 102 (2 U.S.C. 182b)--
    (A) in the section heading, by striking the heading
    and inserting ``Revolving fund for sales shop and other
    services''; and
    (B) in subsection (a), by adding at the end the
    following: ``(5) Training.''; and
    (2) in section 103(f)(1) (2 U.S.C. 182c(f)(1)), by inserting
    ``tribal governments (as defined in 40 U.S.C. 502(c)(2)(B))''
    after ``Federal Government,''.

    gifts

    Sec. 152.  The first undesignated paragraph of section 4 of the Act
    entitled ``An Act to create a Library of Congress Trust Fund Board, and
    for other purposes'', approved March 3, 1925 (2 U.S.C. 160), is
    amended--
    (1) in the first sentence--
    (A) by striking ``of money for immediate
    disbursement''; and
    (B) by striking the period at the end and inserting
    ``, of the following: (1) nonpersonal services; (2)
    voluntary and uncompensated personal services not to
    exceed $10,000 per person, per year in value; and (3)
    gifts or bequests of money for immediate
    disbursement.''; and
    (2) by adding the following sentence at the end of the first
    paragraph: ``The Librarian shall make an annual public report
    regarding gifts accepted under this section.''.

    [[Page 785]]

    application of congressional accountability act of 1995 to the library
    of congress; election of proceeding

    Sec. 153. (a) Application of Congressional Accountability Act of
    1995 to the Library of Congress.--
    (1) Application through definitions.--
    (A) In general.--Section 101 of the Congressional
    Accountability Act of 1995 (2 U.S.C. 1301) is amended--
    (i) in paragraph (3)--
    (I) in subparagraph (H), by striking
    ``or'' at the end;
    (II) in subparagraph (I), by
    striking the period and inserting ``;
    or''; and
    (III) by adding at the end the
    following:
    ``(J) the Library of Congress, except for section
    220.''; and
    (ii) in paragraph (9)--
    (I) in subparagraph (C), by striking
    ``or'' at the end;
    (II) in subparagraph (D), by
    striking the period and inserting ``;
    or''; and
    (III) by adding at the end the
    following:
    ``(E) the Library of Congress, except for section
    220.''.
    (B) Public services and accommodations.--Section
    210(a) of the Congressional Accountability Act of 1995
    (2 U.S.C. 1331(a)) is amended--
    (i) in paragraph (9), by striking ``and'' at
    the end;
    (ii) in paragraph (10), by striking the period
    and inserting ``; and''; and
    (iii) by adding at the end the following:
    ``(11) the Library of Congress.''.
    (C) Labor-management regulations.--Section 220(a) of
    the Congressional Accountability Act of 1995 (2 U.S.C.
    1351(a)) is amended--
    (i) in paragraph (2), in the paragraph
    heading, by striking ``(2) Definition.--'' and
    inserting ``(2) Application.--'' ; and
    (ii) by adding at the end the following:
    ``(3) Definitions.--For purposes of this section, the term
    `covered employee' does not include an employee of the Library
    of Congress, and the term `employing office' does not include
    the Library of Congress.''.
    (2) Conforming amendments to act.--The Congressional
    Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended--
    (A) in section 204(a)(2) (2 U.S.C. 1314(a)(2)), by
    striking ``and the Library of Congress'' each place it
    appears;
    (B) in section 205(a)(2) (2 U.S.C. 1315(a)(2)), by
    striking ``and the Library of Congress'' each place it
    appears;
    (C) in section 206(a)(2) (2 U.S.C. 1316(a)(2))--
    (i) in subparagraph (B), by striking ``and the
    Library of Congress''; and
    (ii) in subparagraph (C), by striking ``and
    the Library of Congress'';
    (D) in section 215(a)(2) (2 U.S.C. 1341(a)(2))--
    (i) in subparagraph (C), by striking ``, the
    Library of Congress,''; and

    [[Page 786]]

    (ii) in subparagraph (D), by striking ``and
    the Library of Congress''; and
    (E) in section 415(a) (2 U.S.C. 1415(a))--
    (i) by striking the comma after ``General
    Accounting Office'' and inserting ``or''; and
    (ii) by striking ``, or the Library of
    Congress''.

    (b) Election of Proceeding.--
    (1) Procedure.--Section 401(3) of the Congressional
    Accountability Act of 1995 (2 U.S.C. 1401(3)) is amended--
    (A) in the matter preceding subparagraph (A), by
    striking ``either'';
    (B) in subparagraph (A), by striking ``or'' at the
    end;
    (C) in subparagraph (B), by striking the period and
    inserting ``, or''; and
    (D) by adding at the end the following:
    ``(C) in the case of an Library claimant (as defined
    in section 404(a)), a proceeding described in section
    404(b)(3) that relates to the violation at issue.''.
    (2) Election.--Section 404 of the Congressional
    Accountability Act of 1995 (2 U.S.C. 1404) is amended--
    (A) by striking ``Not'' and inserting the following:

    ``(b) Election After Proceedings Initially Brought Under This Act.--
    Not''; and
    (B) by inserting after the section heading the
    following:

    ``(a) Definitions.--In this section:
    ``(1) Direct act.--The term `direct Act' means an Act (other
    than this Act), or provision of the Revised Statutes, that is
    specified in section 201, 202, 203, or 210.
    ``(2) Direct provision.--The term `direct provision' means a
    provision (including a definitional provision) of a direct Act
    that applies the rights or protections of a direct Act
    (including rights and protections relating to nonretaliation or
    noncoercion) to a library claimant.
    ``(3) Library claimant.--The term `Library claimant' means--
    ``(A) with respect to a direct provision (other than
    a provision described in subparagraph (B)), an employee
    of the Library of Congress who is covered by that direct
    provision, and
    ``(B) with respect to a direct provision that
    applies the rights or protections of title II or III of
    the Americans with Disabilities Act of 1990 (42 U.S.C.
    12131 et seq., 12181 et seq.), an individual who is
    eligible to provide services for or receive services
    from the Library of Congress and who is covered by that
    provision.'';
    (C) in subsection (b), as added by subparagraph (A)
    of this paragraph--
    (i) in the matter preceding paragraph (1), by
    striking ``may either'' and inserting ``who
    initially requested counseling and mediation under
    this title may elect to'';
    (ii) in paragraph (1), by striking ``or'' at
    the end;
    (iii) in paragraph (2), by striking the period
    and inserting ``, or''; and
    ``(3) in the case of a Library claimant, bring the claim,
    complaint, or charge that is brought for a proceeding before

    [[Page 787]]

    the corresponding Federal agency, under the corresponding direct
    provision.''; and
    (D) by adding at the end the following:

    ``(c) Election After Proceedings Initially Brought Under Other Civil
    Rights or Labor Law.--A library claimant who initially brings a claim,
    complaint, or charge under a direct provision for a proceeding before a
    Federal agency may, prior to requesting a hearing under the agency's
    procedures, elect to--
    ``(1) bring any civil action relating to the claim,
    complaint, or charge, that is available to the Library claimant,
    ``(2) file a complaint with the Office in accordance with
    section 405, or
    ``(3) file a civil action in accordance with section 408 in
    the United States district court for the district in which the
    employee is employed or for the District of Columbia.''.

    (c) <> Prospective Applicability.--This
    section and the amendments made by this section--
    (1) shall take effect on the date of enactment of this
    section; and
    (2) shall apply to any charge, complaint, or claim, that is
    made on or after the date of enactment of this section, of a
    violation of--
    (A) section 201, 202, 203, 207, or 210 of the
    Congressional Accountability Act of 1995 (2 U.S.C. 1311
    et seq.); or
    (B) a direct provision as defined in section 404(a)
    of the Congressional Accountability Act of 1995 (2
    U.S.C. 1404) (as added by subsection (b)).

    equal access to congressional research service reports

    Sec. 154. <>  (a) Definitions.--
    (1) CRS product.--In this section, the term ``CRS product''
    means any final written work product of CRS containing research
    or analysis in any format that is available for general
    congressional access on the CRS Congressional Intranet.
    (2) CRS report.--
    (A) In general.--In this section, the term ``CRS
    Report'' means any written CRS product, including an
    update to a previous written CRS product, consisting
    of--
    (i) a Congressional Research Service Report;
    or
    (ii) a Congressional Research Service
    Authorization of Appropriations Product and
    Appropriations Product, which is available for
    general congressional access on the CRS
    Congressional Intranet.
    (B) Exclusions.--The term ``CRS Report'' does not
    include--
    (i) any CRS product that is determined by the
    CRS Director to be a confidential product or
    service because it was prepared in response to a
    congressional request or requests for confidential
    analysis or research and is not available for
    general congressional access on the CRS
    Congressional Intranet;
    (ii) any Congressional Research Service Report
    or any Congressional Research Service
    Authorization of Appropriations Product and
    Appropriations Product reported or produced before
    the effective date of this

    [[Page 788]]

    Act which, as of such effective date, is not
    available for general congressional access on the
    CRS Congressional Intranet; or
    (iii) a written CRS product that has been made
    available by CRS for publication on a public
    website maintained by the GPO Director (other than
    the Website) or the Library of Congress.
    (3) Other definitions.--In this section--
    (A) the term ``CRS'' means the Congressional
    Research Service;
    (B) the term ``CRS Congressional Intranet'' means
    the Website maintained by CRS at www.crs.gov, or a
    successor website, for the purpose of providing to
    Members and employees of Congress access to information
    from CRS;
    (C) the term ``CRS Director'' means the Director of
    CRS;
    (D) the term ``Librarian of Congress'' means the
    Librarian of Congress appointed pursuant to 2 U.S.C.
    136-1;
    (E) the term ``Member of Congress'' includes a
    Delegate or Resident Commissioner to Congress; and
    (F) the term ``Website'' means the website
    established and maintained under subsection (b).

    (b) Availability of CRS Reports Through Library of Congress
    Website.--
    (1) Website.--
    (A) Establishment and maintenance.--The Librarian of
    Congress, in consultation with the CRS Director, shall
    establish and maintain a public website containing CRS
    Reports and an index of all CRS Reports contained on the
    website, in accordance with this subsection.
    (B) Format.--On the Website, CRS Reports shall be
    searchable, sortable, and downloadable, including
    downloadable in bulk.
    (C) Free access.--Notwithstanding any other
    provision of law, the Librarian of Congress may not
    charge a fee for access to the Website.
    (2) Updates; disclaimer.--The Librarian of Congress, in
    consultation with the CRS Director, shall ensure that the
    Website--
    (A) is updated contemporaneously, automatically, and
    electronically to include each new or updated CRS Report
    released on or after the effective date of this section;
    (B) shows the status of each CRS Report as new,
    updated, or archived; and
    (C) displays the following statement in reference to
    the CRS Reports included on the Website: ``These
    documents were prepared by the Congressional Research
    Service (CRS). CRS serves as nonpartisan shared staff to
    congressional committees and Members of Congress. It
    operates solely at the behest of and under the direction
    of Congress. Information in a CRS Report should not be
    relied upon for purposes other than public understanding
    of information that has been provided by CRS to Members
    of Congress in connection with CRS's institutional role.
    CRS Reports, as a work of the United States Government,
    are not subject to copyright protection in the United
    States.

    [[Page 789]]

    Any CRS Report may be reproduced and distributed in its
    entirety without permission from CRS. However, as a CRS
    Report may include copyrighted images or material from a
    third party, you may need to obtain the permission of
    the copyright holder if you wish to copy or otherwise
    use copyrighted material.''.
    (3) Furnishing of necessary information and technology.--The
    CRS Director shall consult with and provide assistance to the
    Librarian of Congress to ensure--
    (A) that the Librarian of Congress is provided with
    all of the information necessary to carry out this
    section, including all of the information described in
    clauses (i) through (iv) of subsection (c)(1)(A), in
    such format and manner as the Librarian of Congress
    considers appropriate; and
    (B) that CRS makes available any information and
    assistance as may be necessary to facilitate the
    contemporaneous, automatic, and electronic provision of
    CRS Reports to the Librarian of Congress as required
    under this section.
    (4) Nonexclusivity.--The Librarian of Congress may publish
    other information on the Website.
    (5) Alternative techniques.--The Librarian of Congress and
    the CRS Director may use additional techniques to make CRS
    Reports available to the public, if such techniques are
    consistent with this section and any other applicable laws.
    (6) Additional information.--The CRS Director is encouraged
    to make additional CRS products that are not confidential
    products or services available to the Librarian of Congress for
    publication on the Website, and the Librarian of Congress is
    encouraged to publish such CRS products on the Website.
    (7) Expansion of contents of annual report to congress to
    include information on efforts to make additional products
    available on website.--Section 203(i) of the Legislative
    Reorganization Act of 1946 (2 U.S.C. 166(i)) is amended by
    striking the period at the end and inserting the following: ``,
    and shall include in the report a description of the efforts
    made by the Director to make additional Congressional Research
    Service products that are not confidential products or services
    available to the Librarian of Congress for publication on the
    website established and maintained under section 124 of the
    Legislative Branch Appropriations Act, 2018.''.

    (c) Website Contents.--
    (1) Specific requirements for reports posted on website.--
    (A) Responsibilities of librarian of congress.--With
    respect to each CRS Report included on the Website, the
    Librarian of Congress shall include--
    (i) the name and identification number of the
    CRS Report;
    (ii) an indication as to whether the CRS
    Report is new, updated, or archived;
    (iii) the date of release of the CRS Report;
    and
    (iv) any other information the Librarian of
    Congress, in consultation with the CRS Director,
    considers appropriate.

    [[Page 790]]

    (B) Responsibilities of crs director.--With respect
    to each CRS Report included on the Website, the CRS
    Director shall, prior to transmitting the Report to the
    Librarian of Congress--
    (i) at the discretion of the CRS Director,
    remove the name of and any contact information for
    any employee of CRS; and
    (ii) include in the CRS Report the following
    written statement: ``This document was prepared by
    the Congressional Research Service (CRS). CRS
    serves as nonpartisan shared staff to
    congressional committees and Members of Congress.
    It operates solely at the behest of and under the
    direction of Congress. Information in a CRS Report
    should not be relied upon for purposes other than
    public understanding of information that has been
    provided by CRS to Members of Congress in
    connection with CRS's institutional role. CRS
    Reports, as a work of the United States
    Government, are not subject to copyright
    protection in the United States. Any CRS Report
    may be reproduced and distributed in its entirety
    without permission from CRS. However, as this CRS
    Report may include copyrighted images or material
    from a third party, you may need to obtain the
    permission of the copyright holder if you wish to
    copy or otherwise use copyrighted material.''.
    (2) Specific requirements for index on website.--The
    Librarian of Congress shall ensure that the index of all CRS
    Reports published on the Website is--
    (A) comprehensive;
    (B) contemporaneously updated;
    (C) searchable;
    (D) sortable;
    (E) maintained in a human-readable format;
    (F) maintained in a structured data format;
    (G) downloadable; and
    (H) inclusive of each item of information described
    in paragraph (1)(A) with respect to each CRS Report.

    (d) Conforming Amendment to Duties of CRS.--Section 203(d) of the
    Legislative Reorganization Act of 1946 (2 U.S.C. 166(d)) is amended--
    (1) by striking ``and'' at the end of paragraph (7);
    (2) by striking the period at the end of paragraph (8) and
    inserting ``; and''; and
    (3) by adding at the end the following new paragraph:
    ``(9) to comply with the requirements of, and provide
    information and technological assistance consistent with,
    section 124 of the Legislative Branch Appropriations Act,
    2018.''.

    (e) Rules of Construction.--
    (1) No effect on speech or debate clause.--Nothing in this
    section may be construed to diminish, qualify, condition, waive,
    or otherwise affect the applicability of clause 1 of section 6
    of article I of the Constitution of the United States (commonly
    known as the ``Speech or Debate Clause'') or any other privilege
    available to Congress or Members, offices, or employees of
    Congress with respect to any CRS Report made available online
    under this section.

    [[Page 791]]

    (2) Confidential communications.--Nothing in this section
    may be construed to waive the requirement that any confidential
    communication by CRS to a Member, office, or committee of
    Congress shall remain under the custody and control of Congress
    and may be released only by Congress and its Houses, Members,
    offices, and committees, in accordance with the rules and
    privileges of each House and the requirements of this section.
    (3) Dissemination of crs products.--Nothing in this section
    may be construed to limit or otherwise affect the ability of a
    Member, office, or committee of Congress to disseminate CRS
    products on a website of the Member, office, or committee or to
    otherwise provide CRS products to the public, including as part
    of constituent service activities.

    (f) Effective Date.--
    (1) In general.--Except as provided in paragraph (2)(C),
    this section and the amendments made by this section shall take
    effect 90 days after the date on which the Librarian of Congress
    submits the certification described in paragraph (2)(B).
    (2) Provision of information and technology.--
    (A) CRS deadline.--Not later than 90 days after the
    date of enactment of this Act, the CRS Director shall
    provide the Librarian of Congress with the information
    necessary for the Librarian of Congress to begin the
    initial operation of the Website.
    (B) Certification.--Upon provision of the
    information described in subparagraph (A), the Librarian
    of Congress shall submit to Congress a certification
    that the CRS Director has provided the information
    necessary for the Librarian of Congress to begin the
    initial operation of the Website.
    (C) Technical delays.--In the event of technical
    difficulties encountered in planning or implementing the
    requirements of this section and the amendments made by
    this section, upon providing a detailed report submitted
    by the Librarian of Congress or the CRS Director to the
    Committees on Appropriations of the House and the Senate
    detailing the nature of the technical difficulties and
    the timeline for resolving such technical difficulties,
    the effective date established by subsection (f)(1)
    shall be extended for up to 90 additional days.

    GOVERNMENT PUBLISHING OFFICE

    Congressional Publishing

    (including transfer of funds)

    For authorized publishing of congressional information and the
    distribution of congressional information in any format; publishing of
    Government publications authorized by law to be distributed to Members
    of Congress; and publishing, and distribution of Government publications
    authorized by law to be distributed without charge to the recipient,
    $79,528,000:  Provided, That this appropriation shall not be available
    for paper copies of the permanent edition of the Congressional Record
    for individual Representatives, Resident

    [[Page 792]]

    Commissioners or Delegates authorized under section 906 of title 44,
    United States Code:  Provided further, That this appropriation shall be
    available for the payment of obligations incurred under the
    appropriations for similar purposes for preceding fiscal years:
    Provided further, That notwithstanding the 2-year limitation under
    section 718 of title 44, United States Code, none of the funds
    appropriated or made available under this Act or any other Act for
    printing and binding and related services provided to Congress under
    chapter 7 of title 44, United States Code, may be expended to print a
    document, report, or publication after the 27-month period beginning on
    the date that such document, report, or publication is authorized by
    Congress to be printed, unless Congress reauthorizes such printing in
    accordance with section 718 of title 44, United States Code:  Provided
    further, That any unobligated or unexpended balances in this account or
    accounts for similar purposes for preceding fiscal years may be
    transferred to the Government Publishing Office Business Operations
    Revolving Fund for carrying out the purposes of this heading, subject to
    the approval of the Committees on Appropriations of the House of
    Representatives and Senate:  Provided further, That notwithstanding
    sections 901, 902, and 906 of title 44, United States Code, this
    appropriation may be used to prepare indexes to the Congressional Record
    on only a monthly and session basis.

    Public Information Programs of the Superintendent of Documents

    salaries and expenses

    (including transfer of funds)

    For expenses of the public information programs of the Office of
    Superintendent of Documents necessary to provide for the cataloging and
    indexing of Government publications and their distribution to the
    public, Members of Congress, other Government agencies, and designated
    depository and international exchange libraries as authorized by law,
    $29,000,000:  Provided, That amounts of not more than $2,000,000 from
    current year appropriations are authorized for producing and
    disseminating Congressional serial sets and other related publications
    for fiscal years 2016 and 2017 to depository and other designated
    libraries:  Provided further, That any unobligated or unexpended
    balances in this account or accounts for similar purposes for preceding
    fiscal years may be transferred to the Government Publishing Office
    Business Operations Revolving Fund for carrying out the purposes of this
    heading, subject to the approval of the Committees on Appropriations of
    the House of Representatives and Senate.

    Government Publishing Office Business Operations Revolving Fund

    For payment to the Government Publishing Office Business Operations
    Revolving Fund, $8,540,000, to remain available until expended, for
    information technology development and facilities repair:  Provided,
    That the Government Publishing Office is hereby authorized to make such
    expenditures, within the limits of funds available and in accordance
    with law, and to make such contracts

    [[Page 793]]

    and commitments without regard to fiscal year limitations as provided by
    section 9104 of title 31, United States Code, as may be necessary in
    carrying out the programs and purposes set forth in the budget for the
    current fiscal year for the Government Publishing Office Business
    Operations Revolving Fund:  Provided further, That not more than $7,500
    may be expended on the certification of the Director of the Government
    Publishing Office in connection with official representation and
    reception expenses:  Provided further, That the Business Operations
    Revolving Fund shall be available for the hire or purchase of not more
    than 12 passenger motor vehicles:  Provided further, That expenditures
    in connection with travel expenses of the advisory councils to the
    Director of the Government Publishing Office shall be deemed necessary
    to carry out the provisions of title 44, United States Code:  Provided
    further, That the Business Operations Revolving Fund shall be available
    for temporary or intermittent services under section 3109(b) of title 5,
    United States Code, but at rates for individuals not more than the daily
    equivalent of the annual rate of basic pay for level V of the Executive
    Schedule under section 5316 of such title:  Provided further, That
    activities financed through the Business Operations Revolving Fund may
    provide information in any format:  Provided further, That the Business
    Operations Revolving Fund and the funds provided under the heading
    ``Public Information Programs of the Superintendent of Documents'' may
    not be used for contracted security services at Government Publishing
    Office's passport facility in the District of Columbia.

    GOVERNMENT ACCOUNTABILITY OFFICE

    Salaries and Expenses

    For necessary expenses of the Government Accountability Office,
    including not more than $12,500 to be expended on the certification of
    the Comptroller General of the United States in connection with official
    representation and reception expenses; temporary or intermittent
    services under section 3109(b) of title 5, United States Code, but at
    rates for individuals not more than the daily equivalent of the annual
    rate of basic pay for level IV of the Executive Schedule under section
    5315 of such title; hire of one passenger motor vehicle; advance
    payments in foreign countries in accordance with section 3324 of title
    31, United States Code; benefits comparable to those payable under
    sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22
    U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the
    Comptroller General of the United States, rental of living quarters in
    foreign countries, $578,916,653:  Provided, That of this amount
    $10,000,000 is provided for information technology investments and
    building facility projects to remain available until September 30, 2019:
    Provided further, That, in addition, $23,800,000 of payments received
    under sections 782, 791, 3521, and 9105 of title 31, United States Code,
    shall be available without fiscal year limitation:  Provided further,
    That this appropriation and appropriations for administrative expenses
    of any other department or agency which is a member of the National
    Intergovernmental Audit Forum or a Regional Intergovernmental Audit
    Forum shall be available to finance an appropriate share of either
    Forum's costs as determined by the respective

    [[Page 794]]

    Forum, including necessary travel expenses of non-Federal participants:
    Provided further, That payments hereunder to the Forum may be credited
    as reimbursements to any appropriation from which costs involved are
    initially financed:  Provided further, That this appropriation shall be
    available to transfer amounts to the Department of the Army for the
    construction of an Army facility at Redstone Arsenal for the sole,
    unlimited use of GAO:  Provided further, That hereafter, amounts
    appropriated for the salaries and expenses of the Government
    Accountability Office shall be available to transfer to the Department
    of the Army for the maintenance of such facility.

    OPEN WORLD LEADERSHIP CENTER TRUST FUND

    For a payment to the Open World Leadership Center Trust Fund for
    financing activities of the Open World Leadership Center under section
    313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
    $5,600,000:  Provided, That funds made available to support Russian
    participants shall only be used for those engaging in free market
    development, humanitarian activities, and civic engagement, and shall
    not be used for officials of the central government of Russia.

    JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

    For payment to the John C. Stennis Center for Public Service
    Development Trust Fund established under section 116 of the John C.
    Stennis Center for Public Service Training and Development Act (2 U.S.C.
    1105), $430,000.

    TITLE II

    GENERAL PROVISIONS

    maintenance and care of private vehicles

    Sec. 201.  No part of the funds appropriated in this Act shall be
    used for the maintenance or care of private vehicles, except for
    emergency assistance and cleaning as may be provided under regulations
    relating to parking facilities for the House of Representatives issued
    by the Committee on House Administration and for the Senate issued by
    the Committee on Rules and Administration.

    fiscal year limitation

    Sec. 202.  No part of the funds appropriated in this Act shall
    remain available for obligation beyond fiscal year 2018 unless expressly
    so provided in this Act.

    rates of compensation and designation

    Sec. 203.  Whenever in this Act any office or position not
    specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
    et seq.) is appropriated for or the rate of compensation or designation
    of any office or position appropriated for is different from that
    specifically established by such Act, the rate of compensation and the
    designation in this Act shall be the permanent law with

    [[Page 795]]

    respect thereto:  Provided, That the provisions in this Act for the
    various items of official expenses of Members, officers, and committees
    of the Senate and House of Representatives, and clerk hire for Senators
    and Members of the House of Representatives shall be the permanent law
    with respect thereto.

    consulting services

    Sec. 204.  The expenditure of any appropriation under this Act for
    any consulting service through procurement contract, under section 3109
    of title 5, United States Code, shall be limited to those contracts
    where such expenditures are a matter of public record and available for
    public inspection, except where otherwise provided under existing law,
    or under existing Executive order issued under existing law.

    costs of lbfmc

    Sec. 205.  Amounts available for administrative expenses of any
    legislative branch entity which participates in the Legislative Branch
    Financial Managers Council (LBFMC) established by charter on March 26,
    1996, shall be available to finance an appropriate share of LBFMC costs
    as determined by the LBFMC, except that the total LBFMC costs to be
    shared among all participating legislative branch entities (in such
    allocations among the entities as the entities may determine) may not
    exceed $2,000.

    limitation on transfers

    Sec. 206.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.

    guided tours of the capitol

    Sec. 207. (a) Except as provided in subsection (b), none of the
    funds made available to the Architect of the Capitol in this Act may be
    used to eliminate or restrict guided tours of the United States Capitol
    which are led by employees and interns of offices of Members of Congress
    and other offices of the House of Representatives and Senate, unless
    through regulations as authorized by section 402(b)(8) of the Capitol
    Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
    (b) At the direction of the Capitol Police Board, or at the
    direction of the Architect of the Capitol with the approval of the
    Capitol Police Board, guided tours of the United States Capitol which
    are led by employees and interns described in subsection (a) may be
    suspended temporarily or otherwise subject to restriction for security
    or related reasons to the same extent as guided tours of the United
    States Capitol which are led by the Architect of the Capitol.
    This division may be cited as the ``Legislative Branch
    Appropriations Act, 2018''.

    [[Page 796]]

    DIVISION J-- <> MILITARY CONSTRUCTION,
    VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

    TITLE I

    DEPARTMENT OF DEFENSE

    Military Construction, Army

    For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations, facilities,
    and real property for the Army as currently authorized by law, including
    personnel in the Army Corps of Engineers and other personal services
    necessary for the purposes of this appropriation, and for construction
    and operation of facilities in support of the functions of the Commander
    in Chief, $923,994,000, to remain available until September 30, 2022:
    Provided, That, of this amount, not to exceed $101,470,000 shall be
    available for study, planning, design, architect and engineer services,
    and host nation support, as authorized by law, unless the Secretary of
    the Army determines that additional obligations are necessary for such
    purposes and notifies the Committees on Appropriations of both Houses of
    Congress of the determination and the reasons therefor.

    Military Construction, Navy and Marine Corps

    For acquisition, construction, installation, and equipment of
    temporary or permanent public works, naval installations, facilities,
    and real property for the Navy and Marine Corps as currently authorized
    by law, including personnel in the Naval Facilities Engineering Command
    and other personal services necessary for the purposes of this
    appropriation, $1,553,275,000, to remain available until September 30,
    2022:  Provided, That, of this amount, not to exceed $219,069,000 shall
    be available for study, planning, design, and architect and engineer
    services, as authorized by law, unless the Secretary of the Navy
    determines that additional obligations are necessary for such purposes
    and notifies the Committees on Appropriations of both Houses of Congress
    of the determination and the reasons therefor.

    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations, facilities,
    and real property for the Air Force as currently authorized by law,
    $1,543,558,000, to remain available until September 30, 2022:  Provided,
    That, of this amount, not to exceed $97,852,000 shall be available for
    study, planning, design, and architect and engineer services, as
    authorized by law, unless the Secretary of the Air Force determines that
    additional obligations are necessary for such purposes and notifies the
    Committees on Appropriations of both Houses of Congress of the
    determination and the reasons therefor.

    [[Page 797]]

    Military Construction, Defense-Wide

    (including transfer of funds)

    For acquisition, construction, installation, and equipment of
    temporary or permanent public works, installations, facilities, and real
    property for activities and agencies of the Department of Defense (other
    than the military departments), as currently authorized by law,
    $2,811,513,000, to remain available until September 30, 2022:  Provided,
    That such amounts of this appropriation as may be determined by the
    Secretary of Defense may be transferred to such appropriations of the
    Department of Defense available for military construction or family
    housing as the Secretary may designate, to be merged with and to be
    available for the same purposes, and for the same time period, as the
    appropriation or fund to which transferred:  Provided further, That, of
    the amount, not to exceed $210,717,000 shall be available for study,
    planning, design, and architect and engineer services, as authorized by
    law, unless the Secretary of Defense determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor:  Provided further, That the Director of the
    Missile Defense Agency shall provide quarterly reports to the
    congressional defense committees on the construction timeline and
    obligations for the Poland Aegis Ashore complex.

    Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Army
    National Guard, and contributions therefor, as authorized by chapter
    1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $220,652,000, to remain available until September
    30, 2022:  Provided, That, of the amount, not to exceed $16,271,000
    shall be available for study, planning, design, and architect and
    engineer services, as authorized by law, unless the Director of the Army
    National Guard determines that additional obligations are necessary for
    such purposes and notifies the Committees on Appropriations of both
    Houses of Congress of the determination and the reasons therefor.

    Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Air
    National Guard, and contributions therefor, as authorized by chapter
    1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $171,491,000, to remain available until September
    30, 2022:  Provided, That, of the amount, not to exceed $18,000,000
    shall be available for study, planning, design, and architect and
    engineer services, as authorized by law, unless the Director of the Air
    National Guard determines that additional obligations are necessary for
    such purposes and notifies the Committees on Appropriations of both
    Houses of Congress of the determination and the reasons therefor.

    [[Page 798]]

    Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Army
    Reserve as authorized by chapter 1803 of title 10, United States Code,
    and Military Construction Authorization Acts, $83,712,000, to remain
    available until September 30, 2022:  Provided, That, of the amount, not
    to exceed $6,887,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the Chief
    of the Army Reserve determines that additional obligations are necessary
    for such purposes and notifies the Committees on Appropriations of both
    Houses of Congress of the determination and the reasons therefor.

    Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    reserve components of the Navy and Marine Corps as authorized by chapter
    1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $95,271,000, to remain available until September 30,
    2022:  Provided, That, of the amount, not to exceed $24,430,000 shall be
    available for study, planning, design, and architect and engineer
    services, as authorized by law, unless the Secretary of the Navy
    determines that additional obligations are necessary for such purposes
    and notifies the Committees on Appropriations of both Houses of Congress
    of the determination and the reasons therefor.

    Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Air
    Force Reserve as authorized by chapter 1803 of title 10, United States
    Code, and Military Construction Authorization Acts, $73,535,000, to
    remain available until September 30, 2022:  Provided, That, of the
    amount, not to exceed $4,725,000 shall be available for study, planning,
    design, and architect and engineer services, as authorized by law,
    unless the Chief of the Air Force Reserve determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor:  Provided further,  That, the Chief of the Air
    Force Reserve shall take immediate action to address unfunded military
    construction requirements for access control points and security issues
    at Air Force Reserve facilities.

    North Atlantic Treaty Organization

    Security Investment Program

    For the United States share of the cost of the North Atlantic Treaty
    Organization Security Investment Program for the acquisition and
    construction of military facilities and installations (including
    international military headquarters) and for related expenses for the
    collective defense of the North Atlantic Treaty Area as authorized by
    section 2806 of title 10, United States Code,

    [[Page 799]]

    and Military Construction Authorization Acts, $177,932,000, to remain
    available until expended.

    Department of Defense Base Closure Account

    For deposit into the Department of Defense Base Closure Account,
    established by section 2906(a) of the Defense Base Closure and
    Realignment Act of 1990 (10 U.S.C. 2687 note), $310,000,000, to remain
    available until expended.

    Family Housing Construction, Army

    For expenses of family housing for the Army for construction,
    including acquisition, replacement, addition, expansion, extension, and
    alteration, as authorized by law, $182,662,000, to remain available
    until September 30, 2022:  Provided, That none of the funds provided
    under this heading for family housing construction may be expended for
    family housing improvements on Kwajalein Atoll until the Secretary of
    the Army certifies to the congressional defense committees that the new
    housing units represent the best value to the taxpayer and that no
    reasonable alternatives exist at a lower cost.

    Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and
    maintenance, including debt payment, leasing, minor construction,
    principal and interest charges, and insurance premiums, as authorized by
    law, $348,907,000.

    Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for
    construction, including acquisition, replacement, addition, expansion,
    extension, and alteration, as authorized by law, $83,682,000, to remain
    available until September 30, 2022.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for
    operation and maintenance, including debt payment, leasing, minor
    construction, principal and interest charges, and insurance premiums, as
    authorized by law, $328,282,000.

    Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction,
    including acquisition, replacement, addition, expansion, extension, and
    alteration, as authorized by law, $85,062,000, to remain available until
    September 30, 2022.

    Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and
    maintenance, including debt payment, leasing, minor construction,
    principal and interest charges, and insurance premiums, as authorized by
    law, $318,324,000.

    [[Page 800]]

    Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of
    the Department of Defense (other than the military departments) for
    operation and maintenance, leasing, and minor construction, as
    authorized by law, $59,169,000.

    Department of Defense

    Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund,
    $2,726,000, to remain available until expended, for family housing
    initiatives undertaken pursuant to section 2883 of title 10, United
    States Code, providing alternative means of acquiring and improving
    military family housing and supporting facilities.

    Department of Defense

    Military Unaccompanied Housing Improvement Fund

    For the Department of Defense Military Unaccompanied Housing
    Improvement Fund, $623,000, to remain available until expended, for
    unaccompanied housing initiatives undertaken pursuant to section 2883 of
    title 10, United States Code, providing alternative means of acquiring
    and improving military unaccompanied housing and supporting facilities.

    Administrative Provisions

    Sec. 101.  None of the funds made available in this title shall be
    expended for payments under a cost-plus-a-fixed-fee contract for
    construction, where cost estimates exceed $25,000, to be performed
    within the United States, except Alaska, without the specific approval
    in writing of the Secretary of Defense setting forth the reasons
    therefor.
    Sec. 102.  Funds made available in this title for construction shall
    be available for hire of passenger motor vehicles.
    Sec. 103.  Funds made available in this title for construction may
    be used for advances to the Federal Highway Administration, Department
    of Transportation, for the construction of access roads as authorized by
    section 210 of title 23, United States Code, when projects authorized
    therein are certified as important to the national defense by the
    Secretary of Defense.
    Sec. 104.  None of the funds made available in this title may be
    used to begin construction of new bases in the United States for which
    specific appropriations have not been made.
    Sec. 105.  None of the funds made available in this title shall be
    used for purchase of land or land easements in excess of 100 percent of
    the value as determined by the Army Corps of Engineers or the Naval
    Facilities Engineering Command, except: (1) where there is a
    determination of value by a Federal court; (2) purchases negotiated by
    the Attorney General or the designee of the Attorney General; (3) where
    the estimated value is less than $25,000; or (4) as otherwise determined
    by the Secretary of Defense to be in the public interest.
    Sec. 106.  None of the funds made available in this title shall be
    used to: (1) acquire land; (2) provide for site preparation; or

    [[Page 801]]

    (3) install utilities for any family housing, except housing for which
    funds have been made available in annual Acts making appropriations for
    military construction.
    Sec. 107.  None of the funds made available in this title for minor
    construction may be used to transfer or relocate any activity from one
    base or installation to another, without prior notification to the
    Committees on Appropriations of both Houses of Congress.
    Sec. 108.  None of the funds made available in this title may be
    used for the procurement of steel for any construction project or
    activity for which American steel producers, fabricators, and
    manufacturers have been denied the opportunity to compete for such steel
    procurement.
    Sec. 109.  None of the funds available to the Department of Defense
    for military construction or family housing during the current fiscal
    year may be used to pay real property taxes in any foreign nation.
    Sec. 110.  None of the funds made available in this title may be
    used to initiate a new installation overseas without prior notification
    to the Committees on Appropriations of both Houses of Congress.
    Sec. 111.  None of the funds made available in this title may be
    obligated for architect and engineer contracts estimated by the
    Government to exceed $500,000 for projects to be accomplished in Japan,
    in any North Atlantic Treaty Organization member country, or in
    countries bordering the Arabian Gulf, unless such contracts are awarded
    to United States firms or United States firms in joint venture with host
    nation firms.
    Sec. 112.  None of the funds made available in this title for
    military construction in the United States territories and possessions
    in the Pacific and on Kwajalein Atoll, or in countries bordering the
    Arabian Gulf, may be used to award any contract estimated by the
    Government to exceed $1,000,000 to a foreign contractor:  Provided, That
    this section shall not be applicable to contract awards for which the
    lowest responsive and responsible bid of a United States contractor
    exceeds the lowest responsive and responsible bid of a foreign
    contractor by greater than 20 percent:  Provided further, That this
    section shall not apply to contract awards for military construction on
    Kwajalein Atoll for which the lowest responsive and responsible bid is
    submitted by a Marshallese contractor.
    Sec. 113.  The Secretary of Defense shall inform the appropriate
    committees of both Houses of Congress, including the Committees on
    Appropriations, of plans and scope of any proposed military exercise
    involving United States personnel 30 days prior to its occurring, if
    amounts expended for construction, either temporary or permanent, are
    anticipated to exceed $100,000.
    Sec. 114.  Funds appropriated to the Department of Defense for
    construction in prior years shall be available for construction
    authorized for each such military department by the authorizations
    enacted into law during the current session of Congress.
    Sec. 115.  For military construction or family housing projects that
    are being completed with funds otherwise expired or lapsed for
    obligation, expired or lapsed funds may be used to pay the cost of
    associated supervision, inspection, overhead, engineering and design on
    those projects and on subsequent claims, if any.
    Sec. 116.  Notwithstanding any other provision of law, any funds
    made available to a military department or defense agency

    [[Page 802]]

    for the construction of military projects may be obligated for a
    military construction project or contract, or for any portion of such a
    project or contract, at any time before the end of the fourth fiscal
    year after the fiscal year for which funds for such project were made
    available, if the funds obligated for such project: (1) are obligated
    from funds available for military construction projects; and (2) do not
    exceed the amount appropriated for such project, plus any amount by
    which the cost of such project is increased pursuant to law.

    (including transfer of funds)

    Sec. 117.  Subject to 30 days prior notification, or 14 days for a
    notification provided in an electronic medium pursuant to sections 480
    and 2883 of title 10, United States Code, to the Committees on
    Appropriations of both Houses of Congress, such additional amounts as
    may be determined by the Secretary of Defense may be transferred to: (1)
    the Department of Defense Family Housing Improvement Fund from amounts
    appropriated for construction in ``Family Housing'' accounts, to be
    merged with and to be available for the same purposes and for the same
    period of time as amounts appropriated directly to the Fund; or (2) the
    Department of Defense Military Unaccompanied Housing Improvement Fund
    from amounts appropriated for construction of military unaccompanied
    housing in ``Military Construction'' accounts, to be merged with and to
    be available for the same purposes and for the same period of time as
    amounts appropriated directly to the Fund:  Provided, That
    appropriations made available to the Funds shall be available to cover
    the costs, as defined in section 502(5) of the Congressional Budget Act
    of 1974, of direct loans or loan guarantees issued by the Department of
    Defense pursuant to the provisions of subchapter IV of chapter 169 of
    title 10, United States Code, pertaining to alternative means of
    acquiring and improving military family housing, military unaccompanied
    housing, and supporting facilities.

    (including transfer of funds)

    Sec. 118.  In addition to any other transfer authority available to
    the Department of Defense, amounts may be transferred from the
    Department of Defense Base Closure Account to the fund established by
    section 1013(d) of the Demonstration Cities and Metropolitan Development
    Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the
    Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A).
    Any amounts transferred shall be merged with and be available for the
    same purposes and for the same time period as the fund to which
    transferred.
    Sec. 119. <>   Notwithstanding any other
    provision of law, funds made available in this title for operation and
    maintenance of family housing shall be the exclusive source of funds for
    repair and maintenance of all family housing units, including general or
    flag officer quarters:  Provided, That not more than $35,000 per unit
    may be spent annually for the maintenance and repair of any general or
    flag officer quarters without 30 days prior notification, or 14 days for
    a notification provided in an electronic medium pursuant to sections 480
    and 2883 of title 10, United States Code, to the Committees on
    Appropriations of both Houses of Congress, except that an after-the-fact
    notification shall be submitted if the limitation

    [[Page 803]]

    is exceeded solely due to costs associated with environmental
    remediation that could not be reasonably anticipated at the time of the
    budget submission:  Provided further,  That the Under Secretary of
    Defense (Comptroller) is to report annually to the Committees on
    Appropriations of both Houses of Congress all operation and maintenance
    expenditures for each individual general or flag officer quarters for
    the prior fiscal year.

    Sec. 120.  Amounts contained in the Ford Island Improvement Account
    established by subsection (h) of section 2814 of title 10, United States
    Code, are appropriated and shall be available until expended for the
    purposes specified in subsection (i)(1) of such section or until
    transferred pursuant to subsection (i)(3) of such section.

    (including transfer of funds)

    Sec. 121.  During the 5-year period after appropriations available
    in this Act to the Department of Defense for military construction and
    family housing operation and maintenance and construction have expired
    for obligation, upon a determination that such appropriations will not
    be necessary for the liquidation of obligations or for making authorized
    adjustments to such appropriations for obligations incurred during the
    period of availability of such appropriations, unobligated balances of
    such appropriations may be transferred into the appropriation ``Foreign
    Currency Fluctuations, Construction, Defense'', to be merged with and to
    be available for the same time period and for the same purposes as the
    appropriation to which transferred.
    Sec. 122. (a) Except as provided in subsection (b), none of the
    funds made available in this Act may be used by the Secretary of the
    Army to relocate a unit in the Army that--
    (1) performs a testing mission or function that is not
    performed by any other unit in the Army and is specifically
    stipulated in title 10, United States Code; and
    (2) is located at a military installation at which the total
    number of civilian employees of the Department of the Army and
    Army contractor personnel employed exceeds 10 percent of the
    total number of members of the regular and reserve components of
    the Army assigned to the installation.

    (b) Exception.--Subsection (a) shall not apply if the Secretary of
    the Army certifies to the congressional defense committees that in
    proposing the relocation of the unit of the Army, the Secretary complied
    with Army Regulation 5-10 relating to the policy, procedures, and
    responsibilities for Army stationing actions.
    Sec. 123.  Amounts appropriated or otherwise made available in an
    account funded under the headings in this title may be transferred among
    projects and activities within the account in accordance with the
    reprogramming guidelines for military construction and family housing
    construction contained in Department of Defense Financial Management
    Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
    on the date of enactment of this Act.
    Sec. 124.  None of the funds made available in this title may be
    obligated or expended for planning and design and construction of
    projects at Arlington National Cemetery.

    [[Page 804]]

    Sec. 125.  For an additional amount for the accounts and in the
    amounts specified, to remain available until September 30, 2022:
    ``Military Construction, Army'', $93,800,000, of which
    $25,000,000 is for planning and design;
    ``Military Construction, Navy and Marine Corps'',
    $202,130,000, of which $25,000,000 is for planning and design;
    ``Military Construction, Air Force'', $138,100,000, of which
    $25,000,000 is for planning and design;
    ``Military Construction, Army National Guard'',
    $113,500,000, of which $20,000,000 is for planning and design;
    ``Military Construction, Air National Guard'', $52,000,000,
    of which $20,000,000 is for planning and design;
    ``Military Construction, Army Reserve'', $76,000,000, of
    which $20,000,000 is for planning and design; and
    ``Military Construction, Air Force Reserve'', $64,100,000,
    of which $20,000,000 is for planning and design:

    Provided, That such funds may only be obligated to carry out
    construction projects identified in the respective military department's
    unfunded priority list for fiscal year 2018 submitted to Congress:
    Provided further, That such projects are subject to authorization prior
    to obligation and expenditure of funds to carry out construction:
    Provided further, That not later than 30 days after enactment of this
    Act, the Secretary of the military department concerned, or his or her
    designee, shall submit to the Committees on Appropriations of both
    Houses of Congress an expenditure plan for funds provided under this
    section.

    (rescissions of funds)

    Sec. 126.  Of the unobligated balances available to the Department
    of Defense from prior appropriation Acts, the following funds are hereby
    rescinded from the following accounts in the amounts specified:
    ``NATO Security Investment Program'', $25,000,000; and
    ``Family Housing Construction, Army'', $18,000,000:

    Provided, That no amounts may be rescinded from amounts that were
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism or as an emergency requirement pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended.
    Sec. 127. <>   For the purposes of this Act,
    the term ``congressional defense committees'' means the Committees on
    Armed Services of the House of Representatives and the Senate, the
    Subcommittee on Military Construction and Veterans Affairs of the
    Committee on Appropriations of the Senate, and the Subcommittee on
    Military Construction and Veterans Affairs of the Committee on
    Appropriations of the House of Representatives.

    Sec. 128.  None of the funds made available by this Act may be used
    to carry out the closure or realignment of the United States Naval
    Station, Guantanamo Bay, Cuba.
    Sec. 129.  Notwithstanding any other provision of law, none of the
    funds appropriated or otherwise made available by this or any other Act
    may be used to consolidate or relocate any element of a United States
    Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
    Engineer (RED HORSE) outside of the United States until the Secretary of
    the Air Force (1) completes

    [[Page 805]]

    an analysis and comparison of the cost and infrastructure investment
    required to consolidate or relocate a RED HORSE squadron outside of the
    United States versus within the United States; (2) provides to the
    Committees on Appropriations of both Houses of Congress (``the
    Committees'') a report detailing the findings of the cost analysis; and
    (3) certifies in writing to the Committees that the preferred site for
    the consolidation or relocation yields the greatest savings for the Air
    Force:  Provided, That the term ``United States'' in this section does
    not include any territory or possession of the United States.
    Sec. 130.  All amounts appropriated to ``Department of Defense--
    Military Construction, Defense-Wide'' pursuant to the authorization of
    appropriations in section 2403 of Public Law 115-91, as specified for
    fiscal year 2018 in the funding table in section 4601 of that Act, shall
    be immediately available and allotted to contract for the full scope of
    authorized projects.
    Sec. 131.  For an additional amount for ``Military Construction,
    Army'', for the Defense Access Road Program, $20,000,000, to remain
    available until expended:  Provided, That amounts made available under
    this section may not be obligated or expended until the Secretary of the
    Army submits to the Committees on Appropriations of the Senate and House
    of Representatives a detailed expenditure plan 30 days after enactment
    of this Act.

    TITLE II

    DEPARTMENT OF VETERANS AFFAIRS

    Veterans Benefits Administration

    compensation and pensions

    (including transfer of funds)

    For the payment of compensation benefits to or on behalf of veterans
    and a pilot program for disability examinations as authorized by section
    107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
    States Code; pension benefits to or on behalf of veterans as authorized
    by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
    burial benefits, the Reinstated Entitlement Program for Survivors,
    emergency and other officers' retirement pay, adjusted-service credits
    and certificates, payment of premiums due on commercial life insurance
    policies guaranteed under the provisions of title IV of the
    Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
    other benefits as authorized by sections 107, 1312, 1977, and 2106, and
    chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
    $95,768,462,000, to remain available until expended and to become
    available on October 1, 2018:  Provided, That not to exceed $17,882,000
    of the amount made available for fiscal year 2019 under this heading
    shall be reimbursed to ``General Operating Expenses, Veterans Benefits
    Administration'', and ``Information Technology Systems'' for necessary
    expenses in implementing the provisions of chapters 51, 53, and 55 of
    title 38, United States Code, the funding source for which is
    specifically provided as the ``Compensation and Pensions''
    appropriation:  Provided further, That such sums as may be earned on an
    actual qualifying patient basis, shall be reimbursed to ``Medical Care
    Collections Fund'' to augment the funding of

    [[Page 806]]

    individual medical facilities for nursing home care provided to
    pensioners as authorized.

    readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or on
    behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36,
    39, 41, 51, 53, 55, and 61 of title 38, United States Code,
    $11,832,175,000, to remain available until expended and to become
    available on October 1, 2018:  Provided, That expenses for
    rehabilitation program services and assistance which the Secretary is
    authorized to provide under subsection (a) of section 3104 of title 38,
    United States Code, other than under paragraphs (1), (2), (5), and (11)
    of that subsection, shall be charged to this account.

    veterans insurance and indemnities

    For military and naval insurance, national service life insurance,
    servicemen's indemnities, service-disabled veterans insurance, and
    veterans mortgage life insurance as authorized by chapters 19 and 21,
    title 38, United States Code, $121,529,000, to remain available until
    expended, of which $109,090,000 shall become available on October 1,
    2018.

    veterans housing benefit program fund

    For the cost of direct and guaranteed loans, such sums as may be
    necessary to carry out the program, as authorized by subchapters I
    through III of chapter 37 of title 38, United States Code:  Provided,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That, during fiscal year 2018, within the resources
    available, not to exceed $500,000 in gross obligations for direct loans
    are authorized for specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct and
    guaranteed loan programs, $178,626,000.

    vocational rehabilitation loans program account

    For the cost of direct loans, $30,000, as authorized by chapter 31
    of title 38, United States Code:  Provided, That such costs, including
    the cost of modifying such loans, shall be as defined in section 502 of
    the Congressional Budget Act of 1974:  Provided further, That funds made
    available under this heading are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $2,356,000.
    In addition, for administrative expenses necessary to carry out the
    direct loan program, $395,000, which may be paid to the appropriation
    for ``General Operating Expenses, Veterans Benefits Administration''.

    native american veteran housing loan program account

    For administrative expenses to carry out the direct loan program
    authorized by subchapter V of chapter 37 of title 38, United States
    Code, $1,163,000.

    [[Page 807]]

    general operating expenses, veterans benefits administration

    For necessary operating expenses of the Veterans Benefits
    Administration, not otherwise provided for, including hire of passenger
    motor vehicles, reimbursement of the General Services Administration for
    security guard services, and reimbursement of the Department of Defense
    for the cost of overseas employee mail, $2,910,000,000:  Provided, That
    expenses for services and assistance authorized under paragraphs (1),
    (2), (5), and (11) of section 3104(a) of title 38, United States Code,
    that the Secretary of Veterans Affairs determines are necessary to
    enable entitled veterans: (1) to the maximum extent feasible, to become
    employable and to obtain and maintain suitable employment; or (2) to
    achieve maximum independence in daily living, shall be charged to this
    account:  Provided further, That, of the funds made available under this
    heading, not to exceed 10 percent shall remain available until September
    30, 2019.

    Veterans Health Administration

    medical services

    For necessary expenses for furnishing, as authorized by law,
    inpatient and outpatient care and treatment to beneficiaries of the
    Department of Veterans Affairs and veterans described in section 1705(a)
    of title 38, United States Code, including care and treatment in
    facilities not under the jurisdiction of the Department, and including
    medical supplies and equipment, bioengineering services, food services,
    and salaries and expenses of healthcare employees hired under title 38,
    United States Code, aid to State homes as authorized by section 1741 of
    title 38, United States Code, assistance and support services for
    caregivers as authorized by section 1720G of title 38, United States
    Code, loan repayments authorized by section 604 of the Caregivers and
    Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
    Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances
    authorized by section 322(d) of title 38, United States Code, grants
    authorized by section 521A of title 38, United States Code, and
    administrative expenses necessary to carry out sections 322(d) and 521A
    of title 38, United States Code, and hospital care and medical services
    authorized by section 1787 of title 38, United States Code;
    $1,962,984,000, which shall be in addition to funds previously
    appropriated under this heading that became available on October 1,
    2017; and, in addition, $49,161,165,000, plus reimbursements, shall
    become available on October 1, 2018, and shall remain available until
    September 30, 2019:  Provided, That, of the amount made available on
    October 1, 2018, under this heading, $1,400,000,000 shall remain
    available until September 30, 2020:  Provided further, That,
    notwithstanding any other provision of law, the Secretary of Veterans
    Affairs shall establish a priority for the provision of medical
    treatment for veterans who have service-connected disabilities, lower
    income, or have special needs:  Provided further, That, notwithstanding
    any other provision of law, the Secretary of Veterans Affairs shall give
    priority funding for the provision of basic medical benefits to veterans
    in enrollment priority groups 1 through 6:  Provided further, That,
    notwithstanding any other provision of law, the Secretary of Veterans
    Affairs may authorize the dispensing

    [[Page 808]]

    of prescription drugs from Veterans Health Administration facilities to
    enrolled veterans with privately written prescriptions based on
    requirements established by the Secretary:  Provided further, That the
    implementation of the program described in the previous proviso shall
    incur no additional cost to the Department of Veterans Affairs:
    Provided further, That the Secretary of Veterans Affairs shall ensure
    that sufficient amounts appropriated under this heading for medical
    supplies and equipment are available for the acquisition of prosthetics
    designed specifically for female veterans.

    medical community care

    For necessary expenses for furnishing health care to individuals
    pursuant to chapter 17 of title 38, United States Code, at non-
    Department facilities, $419,176,000, which shall be in addition to funds
    previously appropriated under this heading that became available on
    October 1, 2017; and, in addition, $8,384,704,000, plus reimbursements,
    shall become available on October 1, 2018, and shall remain available
    until September 30, 2019:  Provided, That, of the amount made available
    on October 1, 2018, under this heading, $2,000,000,000 shall remain
    available until September 30, 2022.

    medical support and compliance

    For necessary expenses in the administration of the medical,
    hospital, nursing home, domiciliary, construction, supply, and research
    activities, as authorized by law; administrative expenses in support of
    capital policy activities; and administrative and legal expenses of the
    Department for collecting and recovering amounts owed the Department as
    authorized under chapter 17 of title 38, United States Code, and the
    Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
    $100,000,000, which shall be in addition to funds previously
    appropriated under this heading that became available on October 1,
    2017; and, in addition, $7,239,156,000, plus reimbursements, shall
    become available on October 1, 2018, and shall remain available until
    September 30, 2019:  Provided, That, of the amount made available on
    October 1, 2018, under this heading, $100,000,000 shall remain available
    until September 30, 2020.

    medical facilities

    For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, domiciliary facilities, and other necessary
    facilities of the Veterans Health Administration; for administrative
    expenses in support of planning, design, project management, real
    property acquisition and disposition, construction, and renovation of
    any facility under the jurisdiction or for the use of the Department;
    for oversight, engineering, and architectural activities not charged to
    project costs; for repairing, altering, improving, or providing
    facilities in the several hospitals and homes under the jurisdiction of
    the Department, not otherwise provided for, either by contract or by the
    hire of temporary employees and purchase of materials; for leases of
    facilities; and for laundry services; $707,000,000, to remain available
    until September 30, 2019, which shall be in addition to funds previously
    appropriated under this heading that became available on October 1,
    2017; and, in addition,

    [[Page 809]]

    $5,914,288,000, plus reimbursements, shall become available on October
    1, 2018, and shall remain available until September 30, 2019:  Provided,
    That, of the amount made available on October 1, 2018, under this
    heading, $250,000,000 shall remain available until September 30, 2020.

    medical and prosthetic research

    For necessary expenses in carrying out programs of medical and
    prosthetic research and development as authorized by chapter 73 of title
    38, United States Code, $722,262,000, plus reimbursements, shall remain
    available until September 30, 2019:  Provided, That the Secretary of
    Veterans Affairs shall ensure that sufficient amounts appropriated under
    this heading are available for prosthetic research specifically for
    female veterans, and for toxic exposure research.

    National Cemetery Administration

    For necessary expenses of the National Cemetery Administration for
    operations and maintenance, not otherwise provided for, including
    uniforms or allowances therefor; cemeterial expenses as authorized by
    law; purchase of one passenger motor vehicle for use in cemeterial
    operations; hire of passenger motor vehicles; and repair, alteration or
    improvement of facilities under the jurisdiction of the National
    Cemetery Administration, $306,193,000, of which not to exceed 10 percent
    shall remain available until September 30, 2019.

    Departmental Administration

    general administration

    (including transfer of funds)

    For necessary operating expenses of the Department of Veterans
    Affairs, not otherwise provided for, including administrative expenses
    in support of Department-wide capital planning, management and policy
    activities, uniforms, or allowances therefor; not to exceed $25,000 for
    official reception and representation expenses; hire of passenger motor
    vehicles; and reimbursement of the General Services Administration for
    security guard services, $335,891,000, of which not to exceed 10 percent
    shall remain available until September 30, 2019:  Provided, That funds
    provided under this heading may be transferred to ``General Operating
    Expenses, Veterans Benefits Administration''.

    board of veterans appeals

    For necessary operating expenses of the Board of Veterans Appeals,
    $161,048,000, of which not to exceed 10 percent shall remain available
    until September 30, 2019.

    information technology systems

    (including transfer of funds)

    For necessary expenses for information technology systems and
    telecommunications support, including developmental information

    [[Page 810]]

    systems and operational information systems; for pay and associated
    costs; and for the capital asset acquisition of information technology
    systems, including management and related contractual costs of said
    acquisitions, including contractual costs associated with operations
    authorized by section 3109 of title 5, United States Code,
    $4,055,500,000, plus reimbursements:  Provided, That $1,230,320,000
    shall be for pay and associated costs, of which not to exceed 5 percent
    shall remain available until September 30, 2019:  Provided further, That
    $2,496,650,000 shall be for operations and maintenance, of which not to
    exceed 5 percent shall remain available until September 30, 2019:
    Provided further, That $328,530,000 shall be for information technology
    systems development, and shall remain available until September 30,
    2019:  Provided further, That amounts made available for information
    technology systems development may not be obligated or expended until
    the Secretary of Veterans Affairs or the Chief Information Officer of
    the Department of Veterans Affairs submits to the Committees on
    Appropriations of both Houses of Congress a certification of the
    amounts, in parts or in full, to be obligated and expended for each
    development project:  Provided further, That amounts made available for
    salaries and expenses, operations and maintenance, and information
    technology systems development may be transferred among the three
    subaccounts after the Secretary of Veterans Affairs requests from the
    Committees on Appropriations of both Houses of Congress the authority to
    make the transfer and an approval is issued:  Provided further, That
    amounts made available for the ``Information Technology Systems''
    account for development may be transferred among projects or to newly
    defined projects:  Provided further, That no project may be increased or
    decreased by more than $1,000,000 of cost prior to submitting a request
    to the Committees on Appropriations of both Houses of Congress to make
    the transfer and an approval is issued, or absent a response, a period
    of 30 days has elapsed:  Provided further, That the funds made available
    under this heading for information technology systems development shall
    be for the projects, and in the amounts, specified under this heading in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act).

    veterans electronic health record

    For activities related to implementation, preparation, development,
    interface, management, rollout, and maintenance of a Veterans Electronic
    Health Record system, including contractual costs associated with
    operations authorized by section 3109 of title 5, United States Code,
    and salaries and expenses of employees hired under titles 5 and 38,
    United States Code, $782,000,000, to remain available until September
    30, 2020:  Provided, That the Secretary of Veterans Affairs shall submit
    to the Committees on Appropriations of both Houses of Congress quarterly
    reports detailing obligations, expenditures, and deployment
    implementation by facility:  Provided further, That the funds provided
    in this account shall only be available to the Office of the Deputy
    Secretary, to be administered by that Office.

    [[Page 811]]

    office of inspector general

    For necessary expenses of the Office of Inspector General, to
    include information technology, in carrying out the provisions of the
    Inspector General Act of 1978 (5 U.S.C. App.), $164,000,000, of which
    not to exceed 10 percent shall remain available until September 30,
    2019.

    construction, major projects

    For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, or for any of the
    purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
    38, United States Code, not otherwise provided for, including planning,
    architectural and engineering services, construction management
    services, maintenance or guarantee period services costs associated with
    equipment guarantees provided under the project, services of claims
    analysts, offsite utility and storm drainage system construction costs,
    and site acquisition, where the estimated cost of a project is more than
    the amount set forth in section 8104(a)(3)(A) of title 38, United States
    Code, or where funds for a project were made available in a previous
    major project appropriation, $512,430,000, of which $432,430,000 shall
    remain available until September 30, 2022, and of which $80,000,000
    shall remain available until expended:  Provided, That except for
    advance planning activities, including needs assessments which may or
    may not lead to capital investments, and other capital asset management
    related activities, including portfolio development and management
    activities, and investment strategy studies funded through the advance
    planning fund and the planning and design activities funded through the
    design fund, including needs assessments which may or may not lead to
    capital investments, and salaries and associated costs of the resident
    engineers who oversee those capital investments funded through this
    account and contracting officers who manage specific major construction
    projects, and funds provided for the purchase, security, and maintenance
    of land for the National Cemetery Administration through the land
    acquisition line item, none of the funds made available under this
    heading shall be used for any project that has not been notified to
    Congress through the budgetary process or that has not been approved by
    the Congress through statute, joint resolution, or in the explanatory
    statement accompanying such Act and presented to the President at the
    time of enrollment:  Provided further, That funds made available under
    this heading for fiscal year 2018, for each approved project shall be
    obligated: (1) by the awarding of a construction documents contract by
    September 30, 2018; and (2) by the awarding of a construction contract
    by September 30, 2019:  Provided further, That the Secretary of Veterans
    Affairs shall promptly submit to the Committees on Appropriations of
    both Houses of Congress a written report on any approved major
    construction project for which obligations are not incurred within the
    time limitations established above:  Provided further, That, of the
    amount made available under this heading, $117,300,000 for Veterans
    Health Administration major construction projects shall not be available
    until the Department of Veterans Affairs--

    [[Page 812]]

    (1) enters into an agreement with an appropriate non-
    Department of Veterans Affairs Federal entity to serve as the
    design and/or construction agent for any Veterans Health
    Administration major construction project with a Total Estimated
    Cost of $100,000,000 or above by providing full project
    management services, including management of the project design,
    acquisition, construction, and contract changes, consistent with
    section 502 of Public Law 114-58; and
    (2) certifies in writing that such an agreement is executed
    and intended to minimize or prevent subsequent major
    construction project cost overruns and provides a copy of the
    agreement entered into and any required supplementary
    information to the Committees on Appropriations of both Houses
    of Congress.

    construction, minor projects

    For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, including planning and
    assessments of needs which may lead to capital investments,
    architectural and engineering services, maintenance or guarantee period
    services costs associated with equipment guarantees provided under the
    project, services of claims analysts, offsite utility and storm drainage
    system construction costs, and site acquisition, or for any of the
    purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
    38, United States Code, not otherwise provided for, where the estimated
    cost of a project is equal to or less than the amount set forth in
    section 8104(a)(3)(A) of title 38, United States Code, $342,570,000, to
    remain available until September 30, 2022, along with unobligated
    balances of previous ``Construction, Minor Projects'' appropriations
    which are hereby made available for any project where the estimated cost
    is equal to or less than the amount set forth in such section:
    Provided, That funds made available under this heading shall be for: (1)
    repairs to any of the nonmedical facilities under the jurisdiction or
    for the use of the Department which are necessary because of loss or
    damage caused by any natural disaster or catastrophe; and (2) temporary
    measures necessary to prevent or to minimize further loss by such
    causes.

    grants for construction of
    state extended care facilities

    For grants to assist States to acquire or construct State nursing
    home and domiciliary facilities and to remodel, modify, or alter
    existing hospital, nursing home, and domiciliary facilities in State
    homes, for furnishing care to veterans as authorized by sections 8131
    through 8137 of title 38, United States Code, $110,000,000, to remain
    available until expended.

    grants for construction of veterans cemeteries

    For grants to assist States and tribal organizations in
    establishing, expanding, or improving veterans cemeteries as authorized
    by section 2408 of title 38, United States Code, $45,000,000, to remain
    available until expended.

    [[Page 813]]

    Administrative Provisions

    (including transfer of funds)

    Sec. 201.  Any appropriation for fiscal year 2018 for ``Compensation
    and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
    Indemnities'' may be transferred as necessary to any other of the
    mentioned appropriations:  Provided, That, before a transfer may take
    place, the Secretary of Veterans Affairs shall request from the
    Committees on Appropriations of both Houses of Congress the authority to
    make the transfer and such Committees issue an approval, or absent a
    response, a period of 30 days has elapsed.

    (including transfer of funds)

    Sec. 202.  Amounts made available for the Department of Veterans
    Affairs for fiscal year 2018, in this or any other Act, under the
    ``Medical Services'', ``Medical Community Care'', ``Medical Support and
    Compliance'', and ``Medical Facilities'' accounts may be transferred
    among the accounts:  Provided, That any transfers among the ``Medical
    Services'', ``Medical Community Care'', and ``Medical Support and
    Compliance'' accounts of 1 percent or less of the total amount
    appropriated to the account in this or any other Act may take place
    subject to notification from the Secretary of Veterans Affairs to the
    Committees on Appropriations of both Houses of Congress of the amount
    and purpose of the transfer:  Provided further, That any transfers among
    the ``Medical Services'', ``Medical Community Care'', and ``Medical
    Support and Compliance'' accounts in excess of 1 percent, or exceeding
    the cumulative 1 percent for the fiscal year, may take place only after
    the Secretary requests from the Committees on Appropriations of both
    Houses of Congress the authority to make the transfer and an approval is
    issued:  Provided further, That any transfers to or from the ``Medical
    Facilities'' account may take place only after the Secretary requests
    from the Committees on Appropriations of both Houses of Congress the
    authority to make the transfer and an approval is issued.
    Sec. 203.  Appropriations available in this title for salaries and
    expenses shall be available for services authorized by section 3109 of
    title 5, United States Code; hire of passenger motor vehicles; lease of
    a facility or land or both; and uniforms or allowances therefore, as
    authorized by sections 5901 through 5902 of title 5, United States Code.
    Sec. 204.  No appropriations in this title (except the
    appropriations for ``Construction, Major Projects'', and ``Construction,
    Minor Projects'') shall be available for the purchase of any site for or
    toward the construction of any new hospital or home.
    Sec. 205.  No appropriations in this title shall be available for
    hospitalization or examination of any persons (except beneficiaries
    entitled to such hospitalization or examination under the laws providing
    such benefits to veterans, and persons receiving such treatment under
    sections 7901 through 7904 of title 5, United States Code, or the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
    et seq.)), unless reimbursement of the cost of such hospitalization or
    examination is made to the ``Medical Services'' account at such rates as
    may be fixed by the Secretary of Veterans Affairs.

    [[Page 814]]

    Sec. 206.  Appropriations available in this title for ``Compensation
    and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
    Indemnities'' shall be available for payment of prior year accrued
    obligations required to be recorded by law against the corresponding
    prior year accounts within the last quarter of fiscal year 2017.
    Sec. 207.  Appropriations available in this title shall be available
    to pay prior year obligations of corresponding prior year appropriations
    accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
    United States Code, except that if such obligations are from trust fund
    accounts they shall be payable only from ``Compensation and Pensions''.

    (including transfer of funds)

    Sec. 208.  Notwithstanding any other provision of law, during fiscal
    year 2018, the Secretary of Veterans Affairs shall, from the National
    Service Life Insurance Fund under section 1920 of title 38, United
    States Code, the Veterans' Special Life Insurance Fund under section
    1923 of title 38, United States Code, and the United States Government
    Life Insurance Fund under section 1955 of title 38, United States Code,
    reimburse the ``General Operating Expenses, Veterans Benefits
    Administration'' and ``Information Technology Systems'' accounts for the
    cost of administration of the insurance programs financed through those
    accounts:  Provided, That reimbursement shall be made only from the
    surplus earnings accumulated in such an insurance program during fiscal
    year 2018 that are available for dividends in that program after claims
    have been paid and actuarially determined reserves have been set aside:
    Provided further, That if the cost of administration of such an
    insurance program exceeds the amount of surplus earnings accumulated in
    that program, reimbursement shall be made only to the extent of such
    surplus earnings:  Provided further, That the Secretary shall determine
    the cost of administration for fiscal year 2018 which is properly
    allocable to the provision of each such insurance program and to the
    provision of any total disability income insurance included in that
    insurance program.
    Sec. 209.  Amounts deducted from enhanced-use lease proceeds to
    reimburse an account for expenses incurred by that account during a
    prior fiscal year for providing enhanced-use lease services, may be
    obligated during the fiscal year in which the proceeds are received.

    (including transfer of funds)

    Sec. 210.  Funds available in this title or funds for salaries and
    other administrative expenses shall also be available to reimburse the
    Office of Resolution Management, the Office of Employment Discrimination
    Complaint Adjudication, the Office of Accountability and Whistleblower
    Protection, and the Office of Diversity and Inclusion for all services
    provided at rates which will recover actual costs but not to exceed
    $47,668,000 for the Office of Resolution Management, $3,932,000 for the
    Office of Employment Discrimination Complaint Adjudication, $17,620,000
    for the Office of Accountability and Whistleblower Protection, and
    $2,973,000 for the Office of Diversity and Inclusion:  Provided, That
    payments may be made in advance for services to be furnished based on
    estimated costs:  Provided further, That amounts received

    [[Page 815]]

    shall be credited to the ``General Administration'' and ``Information
    Technology Systems'' accounts for use by the office that provided the
    service.
    Sec. 211.  No funds of the Department of Veterans Affairs shall be
    available for hospital care, nursing home care, or medical services
    provided to any person under chapter 17 of title 38, United States Code,
    for a non-service-connected disability described in section 1729(a)(2)
    of such title, unless that person has disclosed to the Secretary of
    Veterans Affairs, in such form as the Secretary may require, current,
    accurate third-party reimbursement information for purposes of section
    1729 of such title:  Provided, That the Secretary may recover, in the
    same manner as any other debt due the United States, the reasonable
    charges for such care or services from any person who does not make such
    disclosure as required:  Provided further, That any amounts so recovered
    for care or services provided in a prior fiscal year may be obligated by
    the Secretary during the fiscal year in which amounts are received.

    (including transfer of funds)

    Sec. 212.  Notwithstanding any other provision of law, proceeds or
    revenues derived from enhanced-use leasing activities (including
    disposal) may be deposited into the ``Construction, Major Projects'' and
    ``Construction, Minor Projects'' accounts and be used for construction
    (including site acquisition and disposition), alterations, and
    improvements of any medical facility under the jurisdiction or for the
    use of the Department of Veterans Affairs. Such sums as realized are in
    addition to the amount provided for in ``Construction, Major Projects''
    and ``Construction, Minor Projects''.
    Sec. 213.  Amounts made available under ``Medical Services'' are
    available--
    (1) for furnishing recreational facilities, supplies, and
    equipment; and
    (2) for funeral expenses, burial expenses, and other
    expenses incidental to funerals and burials for beneficiaries
    receiving care in the Department.

    (including transfer of funds)

    Sec. 214.  Such sums as may be deposited to the Medical Care
    Collections Fund pursuant to section 1729A of title 38, United States
    Code, may be transferred to the ``Medical Services'' and ``Medical
    Community Care'' accounts to remain available until expended for the
    purposes of these accounts.
    Sec. 215.  The Secretary of Veterans Affairs may enter into
    agreements with Federally Qualified Health Centers in the State of
    Alaska and Indian tribes and tribal organizations which are party to the
    Alaska Native Health Compact with the Indian Health Service, to provide
    healthcare, including behavioral health and dental care, to veterans in
    rural Alaska. The Secretary shall require participating veterans and
    facilities to comply with all appropriate rules and regulations, as
    established by the Secretary. The term ``rural Alaska'' shall mean those
    lands which are not within the boundaries of the municipality of
    Anchorage or the Fairbanks North Star Borough.

    [[Page 816]]

    (including transfer of funds)

    Sec. 216.  Such sums as may be deposited to the Department of
    Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
    38, United States Code, may be transferred to the ``Construction, Major
    Projects'' and ``Construction, Minor Projects'' accounts, to remain
    available until expended for the purposes of these accounts.
    Sec. 217.  Not later than 30 days after the end of each fiscal
    quarter, the Secretary of Veterans Affairs shall submit to the
    Committees on Appropriations of both Houses of Congress a report on the
    financial status of the Department of Veterans Affairs for the preceding
    quarter:  Provided, That, at a minimum, the report shall include the
    direction contained in the paragraph entitled ``Quarterly reporting'',
    under the heading ``General Administration'' in the joint explanatory
    statement accompanying Public Law 114-223.

    (including transfer of funds)

    Sec. 218.  Amounts made available under the ``Medical Services'',
    ``Medical Community Care'', ``Medical Support and Compliance'',
    ``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
    Administration'', ``Board of Veterans Appeals'', ``General
    Administration'', and ``National Cemetery Administration'' accounts for
    fiscal year 2018 may be transferred to or from the ``Information
    Technology Systems'' account:  Provided, That such transfers may not
    result in a more than 10 percent aggregate increase in the total amount
    made available by this Act for the ``Information Technology Systems''
    account:  Provided further, That, before a transfer may take place, the
    Secretary of Veterans Affairs shall request from the Committees on
    Appropriations of both Houses of Congress the authority to make the
    transfer and an approval is issued.

    (including transfer of funds)

    Sec. 219.  Of the amounts appropriated to the Department of Veterans
    Affairs for fiscal year 2018 for ``Medical Services'', ``Medical
    Community Care'', ``Medical Support and Compliance'', ``Medical
    Facilities'', ``Construction, Minor Projects'', and ``Information
    Technology Systems'', up to $297,137,000, plus reimbursements, may be
    transferred to the Joint Department of Defense--Department of Veterans
    Affairs Medical Facility Demonstration Fund, established by section 1704
    of the National Defense Authorization Act for Fiscal Year 2010 (Public
    Law 111-84; 123 Stat. 3571) and may be used for operation of the
    facilities designated as combined Federal medical facilities as
    described by section 706 of the Duncan Hunter National Defense
    Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
    4500):  Provided, That additional funds may be transferred from accounts
    designated in this section to the Joint Department of Defense--
    Department of Veterans Affairs Medical Facility Demonstration Fund upon
    written notification by the Secretary of Veterans Affairs to the
    Committees on Appropriations of both Houses of Congress:  Provided
    further, That section 222 of title II of division A of Public Law 114-
    223 is repealed.

    [[Page 817]]

    (including transfer of funds)

    Sec. 220.  Of the amounts appropriated to the Department of Veterans
    Affairs which become available on October 1, 2018, for ``Medical
    Services'', ``Medical Community Care'', ``Medical Support and
    Compliance'', and ``Medical Facilities'', up to $306,378,000, plus
    reimbursements, may be transferred to the Joint Department of Defense--
    Department of Veterans Affairs Medical Facility Demonstration Fund,
    established by section 1704 of the National Defense Authorization Act
    for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
    for operation of the facilities designated as combined Federal medical
    facilities as described by section 706 of the Duncan Hunter National
    Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
    Stat. 4500):  Provided, That additional funds may be transferred from
    accounts designated in this section to the Joint Department of Defense--
    Department of Veterans Affairs Medical Facility Demonstration Fund upon
    written notification by the Secretary of Veterans Affairs to the
    Committees on Appropriations of both Houses of Congress.

    (including transfer of funds)

    Sec. 221.  Such sums as may be deposited to the Medical Care
    Collections Fund pursuant to section 1729A of title 38, United States
    Code, for healthcare provided at facilities designated as combined
    Federal medical facilities as described by section 706 of the Duncan
    Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
    Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
    to the Joint Department of Defense--Department of Veterans Affairs
    Medical Facility Demonstration Fund, established by section 1704 of the
    National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
    84; 123 Stat. 3571); and (2) for operations of the facilities designated
    as combined Federal medical facilities as described by section 706 of
    the Duncan Hunter National Defense Authorization Act for Fiscal Year
    2009 (Public Law 110-417; 122 Stat. 4500):  Provided, That,
    notwithstanding section 1704(b)(3) of the National Defense Authorization
    Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), amounts
    transferred to the Joint Department of Defense--Department of Veterans
    Affairs Medical Facility Demonstration Fund shall remain available until
    expended.

    (including transfer of funds)

    Sec. 222.  Of the amounts available in this title for ``Medical
    Services'', ``Medical Community Care'', ``Medical Support and
    Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall
    be transferred to the DOD-VA Health Care Sharing Incentive Fund, as
    authorized by section 8111(d) of title 38, United States Code, to remain
    available until expended, for any purpose authorized by section 8111 of
    title 38, United States Code.
    Sec. 223.  None of the funds available to the Department of Veterans
    Affairs, in this or any other Act, may be used to replace the current
    system by which the Veterans Integrated Service Networks select and
    contract for diabetes monitoring supplies and equipment.
    Sec. 224.  The Secretary of Veterans Affairs shall notify the
    Committees on Appropriations of both Houses of Congress of all

    [[Page 818]]

    bid savings in a major construction project that total at least
    $5,000,000, or 5 percent of the programmed amount of the project,
    whichever is less:  Provided, That such notification shall occur within
    14 days of a contract identifying the programmed amount:  Provided
    further, That the Secretary shall notify the Committees on
    Appropriations of both Houses of Congress 14 days prior to the
    obligation of such bid savings and shall describe the anticipated use of
    such savings.
    Sec. 225.  None of the funds made available for ``Construction,
    Major Projects'' may be used for a project in excess of the scope
    specified for that project in the original justification data provided
    to the Congress as part of the request for appropriations unless the
    Secretary of Veterans Affairs receives approval from the Committees on
    Appropriations of both Houses of Congress.
    Sec. 226.  Not later than 30 days after the end of each fiscal
    quarter, the Secretary of Veterans Affairs shall submit to the
    Committees on Appropriations of both Houses of Congress a quarterly
    report containing performance measures and data from each Veterans
    Benefits Administration Regional Office:  Provided, That, at a minimum,
    the report shall include the direction contained in the section entitled
    ``Disability claims backlog'', under the heading ``General Operating
    Expenses, Veterans Benefits Administration'' in the joint explanatory
    statement accompanying Public Law 114-223:  Provided further, That the
    report shall also include information on the number of appeals pending
    at the Veterans Benefits Administration as well as the Board of Veterans
    Appeals on a quarterly basis.
    Sec. 227.  The Secretary of Veterans Affairs shall provide written
    notification to the Committees on Appropriations of both Houses of
    Congress 15 days prior to organizational changes which result in the
    transfer of 25 or more full-time equivalents from one organizational
    unit of the Department of Veterans Affairs to another.
    Sec. 228.  The Secretary of Veterans Affairs shall provide on a
    quarterly basis to the Committees on Appropriations of both Houses of
    Congress notification of any single national outreach and awareness
    marketing campaign in which obligations exceed $2,000,000.

    (including transfer of funds)

    Sec. 229.  The Secretary of Veterans Affairs, upon determination
    that such action is necessary to address needs of the Veterans Health
    Administration, may transfer to the ``Medical Services'' account any
    discretionary appropriations made available for fiscal year 2018 in this
    title (except appropriations made to the ``General Operating Expenses,
    Veterans Benefits Administration'' account) or any discretionary
    unobligated balances within the Department of Veterans Affairs,
    including those appropriated for fiscal year 2018, that were provided in
    advance by appropriations Acts:  Provided, That transfers shall be made
    only with the approval of the Office of Management and Budget:  Provided
    further, That the transfer authority provided in this section is in
    addition to any other transfer authority provided by law:  Provided
    further, That no amounts may be transferred from amounts that were
    designated by Congress as an emergency requirement pursuant to a
    concurrent resolution on the budget or the Balanced Budget and Emergency

    [[Page 819]]

    Deficit Control Act of 1985:  Provided further, That such authority to
    transfer may not be used unless for higher priority items, based on
    emergent healthcare requirements, than those for which originally
    appropriated and in no case where the item for which funds are requested
    has been denied by Congress:  Provided further, That, upon determination
    that all or part of the funds transferred from an appropriation are not
    necessary, such amounts may be transferred back to that appropriation
    and shall be available for the same purposes as originally appropriated:
    Provided further, That before a transfer may take place, the Secretary
    of Veterans Affairs shall request from the Committees on Appropriations
    of both Houses of Congress the authority to make the transfer and
    receive approval of that request.

    (including transfer of funds)

    Sec. 230.  Amounts made available for the Department of Veterans
    Affairs for fiscal year 2018, under the ``Board of Veterans Appeals''
    and the ``General Operating Expenses, Veterans Benefits Administration''
    accounts may be transferred between such accounts:  Provided, That
    before a transfer may take place, the Secretary of Veterans Affairs
    shall request from the Committees on Appropriations of both Houses of
    Congress the authority to make the transfer and receive approval of that
    request.
    Sec. 231.  The Secretary of Veterans Affairs may not reprogram funds
    among major construction projects or programs if such instance of
    reprogramming will exceed $7,000,000, unless such reprogramming is
    approved by the Committees on Appropriations of both Houses of Congress.
    Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
    the toll-free suicide hotline under section 1720F(h) of title 38, United
    States Code--
    (1) provides to individuals who contact the hotline
    immediate assistance from a trained professional; and
    (2) adheres to all requirements of the American Association
    of Suicidology.

    (b)(1) None of the funds made available by this Act may be used to
    enforce or otherwise carry out any Executive action that prohibits the
    Secretary of Veterans Affairs from appointing an individual to occupy a
    vacant civil service position, or establishing a new civil service
    position, at the Department of Veterans Affairs with respect to such a
    position relating to the hotline specified in subsection (a).
    (2) In this subsection--
    (A) the term ``civil service'' has the meaning given such
    term in section 2101(1) of title 5, United States Code; and
    (B) the term ``Executive action'' includes--
    (i) any Executive order, presidential memorandum, or
    other action by the President; and
    (ii) any agency policy, order, or other directive.

    Sec. 233.  None of the funds in this or any other Act may be used to
    close Department of Veterans Affairs (VA) hospitals, domiciliaries, or
    clinics, conduct an environmental assessment, or to diminish healthcare
    services at existing Veterans Health Administration medical facilities
    located in Veterans Integrated Service Network 23 as part of a planned
    realignment of VA services until the Secretary provides to the
    Committees on Appropriations

    [[Page 820]]

    of both Houses of Congress a report including the following elements:
    (1) a national realignment strategy that includes a detailed
    description of realignment plans within each Veterans Integrated
    Services Network (VISN), including an updated Long Range Capital
    Plan to implement realignment requirements;
    (2) an explanation of the process by which those plans were
    developed and coordinated within each VISN;
    (3) a cost versus benefit analysis of each planned
    realignment, including the cost of replacing Veterans Health
    Administration services with contract care or other outsourced
    services;
    (4) an analysis of how any such planned realignment of
    services will impact access to care for veterans living in rural
    or highly rural areas, including travel distances and
    transportation costs to access a VA medical facility and
    availability of local specialty and primary care;
    (5) an inventory of VA buildings with historic designation
    and the methodology used to determine the buildings' condition
    and utilization;
    (6) a description of how any realignment will be consistent
    with requirements under the National Historic Preservation Act;
    and
    (7) consideration given for reuse of historic buildings
    within newly identified realignment requirements:  Provided,
    That, this provision shall not apply to capital projects in VISN
    23, or any other VISN, which have been authorized or approved by
    Congress.

    Sec. 234.  Section 8109(b) of title 38, United States Code, is
    amended--
    (1) in paragraph (2), by striking ``and'' at the end;
    (2) in paragraph (3), by striking the period and inserting
    ``; and''; and
    (3) by adding at the end the following new paragraph:

    ``(4) notwithstanding subsection (a) of section 1344 of title 31,
    may use a passenger carrier (as such term is defined in subsection
    (h)(1) of such section) to transport such an employee between a parking
    facility and the medical facility of the Department at which the
    employee works.''.
    Sec. 235.  None of the funds made available to the Secretary of
    Veterans Affairs by this or any other Act may be obligated or expended
    in contravention of the ``Veterans Health Administration Clinical
    Preventive Services Guidance Statement on the Veterans Health
    Administration's Screening for Breast Cancer Guidance'' published on May
    10, 2017, as issued by the Veterans Health Administration National
    Center for Health Promotion and Disease Prevention.
    Sec. 236. (a) Notwithstanding any other provision of law, the
    amounts appropriated or otherwise made available to the Department of
    Veterans Affairs for the ``Medical Services'' account may be used to
    provide--
    (1) fertility counseling and treatment using assisted
    reproductive technology to a covered veteran or the spouse of a
    covered veteran; or
    (2) adoption reimbursement to a covered veteran.

    (b) In this section:
    (1) The term ``service-connected'' has the meaning given
    such term in section 101 of title 38, United States Code.

    [[Page 821]]

    (2) The term ``covered veteran'' means a veteran, as such
    term is defined in section 101 of title 38, United States Code,
    who has a service-connected disability that results in the
    inability of the veteran to procreate without the use of
    fertility treatment.
    (3) The term ``assisted reproductive technology'' means
    benefits relating to reproductive assistance provided to a
    member of the Armed Forces who incurs a serious injury or
    illness on active duty pursuant to section 1074(c)(4)(A) of
    title 10, United States Code, as described in the memorandum on
    the subject of ``Policy for Assisted Reproductive Services for
    the Benefit of Seriously or Severely Ill/Injured (Category II or
    III) Active Duty Service Members'' issued by the Assistant
    Secretary of Defense for Health Affairs on April 3, 2012, and
    the guidance issued to implement such policy, including any
    limitations on the amount of such benefits available to such a
    member except that--
    (A) the time periods regarding embryo
    cryopreservation and storage set forth in part III(G)
    and in part IV(H) of such memorandum shall not apply;
    and
    (B) such term includes embryo cryopreservation and
    storage without limitation on the duration of such
    cryopreservation and storage.
    (4) The term ``adoption reimbursement'' means reimbursement
    for the adoption-related expenses for an adoption that is
    finalized after the date of the enactment of this Act under the
    same terms as apply under the adoption reimbursement program of
    the Department of Defense, as authorized in Department of
    Defense Instruction 1341.09, including the reimbursement limits
    and requirements set forth in such instruction.

    (c) Amounts made available for the purposes specified in subsection
    (a) of this section are subject to the requirements for funds contained
    in section 508 of division H of the Consolidated Appropriations Act,
    2017 (Public Law 115-31).

    (rescission of funds)

    Sec. 237.  Of the unobligated balance of funds made available in the
    sixth proviso under the heading ``Department of Veterans Affairs--
    Veterans Health Administration--Medical Services'' in title II of
    Division J of the Consolidated Appropriations Act, 2016 (Public Law 114-
    113), $751,000,000 is hereby rescinded.
    Sec. 238.  None of the funds appropriated or otherwise made
    available by this Act or any other Act for the Department of Veterans
    Affairs may be used in a manner that is inconsistent with: (1) section
    842 of the Transportation, Treasury, Housing and Urban Development, the
    Judiciary, the District of Columbia, and Independent Agencies
    Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
    section 8110(a)(5) of title 38, United States Code.
    Sec. 239.  Section 842 of Public Law 109-115 shall not apply to
    conversion of an activity or function of the Veterans Health
    Administration, Veterans Benefits Administration, or National Cemetery
    Administration to contractor performance by a business concern that is
    at least 51 percent owned by one or more Indian tribes as defined in
    section 5304(e) of title 25, United States Code,

    [[Page 822]]

    or one or more Native Hawaiian Organizations as defined in section
    637(a)(15) of title 15, United States Code.
    Sec. 240. <> (a) Except as provided
    in subsection (b), the Secretary of Veterans Affairs, in consultation
    with the Secretary of Defense and the Secretary of Labor, shall
    discontinue using Social Security account numbers to identify
    individuals in all information systems of the Department of Veterans
    Affairs as follows:
    (1) For all veterans submitting to the Secretary of Veterans
    Affairs new claims for benefits under laws administered by the
    Secretary, not later than 5 years after the date of the
    enactment of this Act.
    (2) For all individuals not described in paragraph (1), not
    later than 8 years after the date of the enactment of this Act.

    (b) The Secretary of Veterans Affairs may use a Social Security
    account number to identify an individual in an information system of the
    Department of Veterans Affairs if and only if the use of such number is
    required to obtain information the Secretary requires from an
    information system that is not under the jurisdiction of the Secretary.
    Sec. 241.  For funds provided to the Department of Veterans Affairs
    for each of fiscal year 2018 and 2019 for ``Medical Services'', section
    239 of Division A of Public Law 114-223 shall apply.
    Sec. 242.  None of the funds appropriated in this or prior
    appropriations Acts or otherwise made available to the Department of
    Veterans Affairs may be used to transfer any amounts from the Filipino
    Veterans Equity Compensation Fund to any other account within the
    Department of Veterans Affairs.

    (rescissions of funds)

    Sec. 243. (a) Of the unobligated balance of funds made available
    through September 30, 2018, under the heading ``Construction, Major
    Projects'' in division J of the Consolidated Appropriations Act, 2014
    (Public Law 113-76), $10,000,000 is hereby rescinded.
    (b) For an additional amount for ``Construction, Major Projects'',
    $10,000,000, to remain available until September 30, 2023.
    (c) Of the unobligated balance of funds made available through
    September 30, 2019, under the heading ``Construction, Major Projects''
    in division I of the Consolidated and Further Continuing Appropriations
    Act, 2015 (Public Law 113-235), $410,000,000 is hereby rescinded.
    (d) For an additional amount for ``Construction, Major Projects'',
    $410,000,000, to remain available until September 30, 2024.
    Sec. 244.  Of the funds provided to the Department of Veterans
    Affairs for each of fiscal year 2018 and fiscal year 2019 for ``Medical
    Services'', funds may be used in each year to carry out and expand the
    child care program authorized by section 205 of Public Law 111-163,
    notwithstanding subsection (e) of such section.
    Sec. 245. (a) Section 204(c) of the Department of Veterans Affairs
    Health Care Programs Enhancement Act of 2001 (Public Law 107-135; 38
    U.S.C. 1710 note) is amended--
    (1) by inserting ``(1)'' before ``The program''; and
    (2) by adding at the end the following new paragraph:
    ``(2) The program shall be carried out at not fewer than two
    medical centers or clinics in each Veterans Integrated Service
    Network by not later than December 31, 2019, and

    [[Page 823]]

    at not fewer than 50 percent of all medical centers in each
    Veterans Integrated Service Network by not later than December
    31, 2021.''.

    (b)(1) Paragraph (6) of section 1701 of title 38, United States
    Code, is amended by adding at the end the following new subparagraph:
    ``(H) Chiropractic services.''.

    (2) Paragraph (8) of such section is amended by inserting
    ``chiropractic,'' after ``counseling,''.
    (3) Paragraph (9) of such section is amended--
    (A) by redesignating subparagraphs (F) through (K) as
    subparagraphs (G) through (L), respectively; and
    (B) by inserting after subparagraph (E) the following new
    subparagraph (F):
    ``(F) chiropractic examinations and services;''.

    Sec. 246. <>  (a) Pilot Program.--The
    Secretary of Veterans Affairs shall carry out a pilot program to provide
    educational assistance to certain former members of the Armed Forces for
    education and training as physician assistants of the Department of
    Veterans Affairs.

    (b) Eligible Individuals.--An individual is eligible to participate
    in the pilot program if the individual--
    (1) has medical or military health experience gained while
    serving as a member of the Armed Forces;
    (2) has received a certificate, associate degree,
    baccalaureate degree, master's degree, or postbaccalaureate
    training in a science relating to health care; or
    (3) has participated in the delivery of healthcare services
    or related medical services, including participation in military
    training relating to the identification, evaluation, treatment,
    and prevention of diseases and disorders.

    (c) Duration.--The pilot program shall be carried out during the 5-
    year period beginning on the date that is 180 days after the date of the
    enactment of this Act.
    (d) Selection.--
    (1) The Secretary shall select eligible individuals under
    subsection (b) to participate in the pilot program.
    (2) In selecting individuals to participate in the pilot
    program under paragraph (1), the Secretary shall give priority
    to individuals who agree to be employed as a physician assistant
    for the Veterans Health Administration at a medical facility of
    the Department located in a community that--
    (A) is designated as a medically underserved
    population under section 330(b)(3)(A) of the Public
    Health Service Act (42 U.S.C. 254b(b)(3)(A)); and
    (B) is in a State with a per capita population of
    veterans of more than 5 percent according to the
    National Center for Veterans Analysis and Statistics and
    the United States Census Bureau.

    (e) Educational Assistance.--In carrying out the pilot program, the
    Secretary shall provide educational assistance to individuals
    participating in the pilot program, including through the use of
    scholarships, to cover the costs to such individuals of obtaining a
    master's degree in physician assistant studies or a similar master's
    degree.
    (f) Period of Obligated Service.--The Secretary shall enter into an
    agreement with each individual participating in the pilot

    [[Page 824]]

    program in which such individual agrees to be employed as a physician
    assistant for the Veterans Health Administration for a period of
    obligated service to be determined by the Secretary.
    (g) Breach.--An individual who participates in the pilot program and
    fails to satisfy the period of obligated service under subsection (f)
    shall be liable to the United States, in lieu of such obligated service,
    for the amount that has been paid or is payable to or on behalf of the
    individual under the pilot program, reduced by the proportion that the
    number of days served for completion of the period of obligated service
    bears to the total number of days in the period of obligated service of
    such individual.
    (h) Report.--Not later than one year after the date of the enactment
    of this Act, the Secretary of Veterans Affairs, in collaboration with
    the Secretary of Labor, the Secretary of Defense, and the Secretary of
    Health and Human Services, shall submit to Congress a report on the
    pilot program's effectiveness of helping to meet the shortage of
    physician assistants employed by the Department.
    Sec. 247.  For funds provided to the Department of Veterans Affairs
    for each of fiscal year 2018 and 2019, section 248 of Division A of
    Public Law 114-223 shall apply.
    Sec. 248. (a) The Secretary of Veterans Affairs may use amounts
    appropriated or otherwise made available in this title to ensure that
    the ratio of veterans to full-time employment equivalents within any
    program of rehabilitation conducted under chapter 31 of title 38, United
    States Code, does not exceed 125 veterans to one full-time employment
    equivalent.
    (b) Not later than 180 days after the date of the enactment of this
    Act, the Secretary shall submit to Congress a report on the programs of
    rehabilitation conducted under chapter 31 of title 38, United States
    Code, including--
    (1) an assessment of the veteran-to-staff ratio for each
    such program; and
    (2) recommendations for such action as the Secretary
    considers necessary to reduce the veteran-to-staff ratio for
    each such program.

    Sec. 249.  None of the funds appropriated or otherwise made
    available in this title may be used by the Secretary of Veterans Affairs
    to enter into an agreement related to resolving a dispute or claim with
    an individual that would restrict in any way the individual from
    speaking to members of Congress or their staff on any topic not
    otherwise prohibited from disclosure by Federal law or required by
    Executive Order to be kept secret in the interest of national defense or
    the conduct of foreign affairs.
    Sec. 250.  For funds provided to the Department of Veterans Affairs
    for each of fiscal year 2018 and 2019, section 258 of Division A of
    Public Law 114-223 shall apply.
    Sec. 251. (a) In General.--Section 2402(a) of title 38, United
    States Code, is amended by adding at the end the following new
    paragraph:
    ``(10) Any individual--
    ``(A) who--
    ``(i) was naturalized pursuant to section 2(1)
    of the Hmong Veterans' Naturalization Act of 2000
    (Public Law 106-207; 8 U.S.C. 1423 note); and
    ``(ii) at the time of the individual's death
    resided in the United States.''.

    [[Page 825]]

    (b) <>  Effective Date.--The amendment made
    by subsection (a) shall apply with respect to an individual dying on or
    after the date of the enactment of this Act.

    Sec. 252.  <>  The Secretary may carry out
    a 2-year pilot program making grants to nonprofit veterans services
    organizations recognized by the Secretary in accordance with section
    5902 of title 38, United States Code, to upgrade, through construction
    and repair, VSO community facilities into health and wellness centers
    and to promote and expand complementary and integrative wellness
    programs:  Provided, That no single grant may exceed a total of
    $500,000:  Provided further, That the Secretary may not provide more
    than 20 grants during the 2-year pilot program:  Provided further, That
    the recipient of a grant under this section may not use the grant to
    purchase real estate or to carry out repair of facilities leased by the
    recipient or to construct facilities on property leased by the
    recipient:  Provided further, That the Secretary ensures that the grant
    recipients use grant funds to construct or repair facilities located in
    at least 10 different geographic locations in economically depressed
    areas or areas designated as highly rural that are not in close
    proximity to Department of Veterans Affairs medical centers:  Provided
    further, That the Secretary shall report to the Committees on
    Appropriations of both Houses of Congress no later than 180 days after
    enactment of this Act, on the grant program established under this
    section.

    Sec. 253.  None of the funds appropriated in this or any other Act
    for ``Grants for Construction of State Extended Care Facilities'' may be
    used to award grants for applications included in priority one of the
    priority list for the first time which have been assigned a higher
    priority ranking for fiscal year 2018 than unfunded applications which
    met the eligibility requirements defined in section 8135(c) of title 38,
    United States Code, in fiscal year 2017 and continue to meet those
    requirements in fiscal year 2018:  Provided, That the Secretary may
    award grants for new applications in fiscal year 2018 for projects that
    did not meet eligibility requirements defined in section 8135(c) of
    title 38, United States Code, in fiscal year 2017 only after
    applications which met priority one eligibility requirements in fiscal
    year 2017 and continue to meet those requirements defined in section
    8135(c) of title 38, United States Code, have been funded:  Provided
    further, That nothing in this section shall preclude the Secretary from
    assigning a higher priority ranking or funding a grant application to
    correct conditions that threaten the life or safety of patients which
    meet the criteria laid out in section 8135(c) of title 38, United States
    Code.
    Sec. 254.  None of the funds appropriated or otherwise made
    available by this Act may be used to conduct research using canines
    unless: the scientific objectives of the study can only be met by
    research with canines; the study has been directly approved by the
    Secretary; and the study is consistent with the revised Department of
    Veterans Affairs canine research policy document released on December
    18, 2017:  Provided, That not later than 180 days after enactment of
    this Act, the Secretary shall submit to the Committees on Appropriations
    of both Houses of Congress a detailed report outlining under what
    circumstances canine research may be needed if there are no other
    alternatives, how often it was used during that time period, and what
    protocols are in place to determine both the safety and efficacy of the
    research.

    [[Page 826]]

    Sec. 255.  For an additional amount for the Department of Veterans
    Affairs, $2,000,000,000 to remain available until expended, for
    infrastructure improvements, including new construction, and in addition
    to amounts otherwise made available in this act for such purpose, of
    which:
    (1) $1,000,000,000 shall be for ``Veterans Health
    Administration--Medical Facilities'' to be used for non-
    recurring maintenance;
    (2) $425,000,000 shall be for ``Departmental
    Administration--Construction, Minor Projects''; and,
    (3) $575,000,000 shall be for ``Departmental
    Administration--Grants for Construction of State Extended Care
    Facilities'';

    Provided, That the additional amounts appropriated for the purposes of
    non-recurring maintenance and minor construction may be used to carry
    out critical life-safety projects identified in the Department's annual
    facility condition assessments; sustainment projects; modernization
    projects; infrastructure repair; renovations at existing Veterans Health
    Administration medical centers and outpatient clinics; and projects
    included in the Strategic Capital Investment Process plan:  Provided
    further, That the additional amounts appropriated under this section may
    not be obligated or expended until the Secretary of Veterans Affairs
    submits to the Committees on Appropriations of both Houses of Congress,
    and such Committees approve, a detailed expenditure plan, including
    project descriptions and costs, for any non-recurring maintenance, minor
    construction or State extended care facility project being funded with
    the additional amounts made available in this administrative provision.
    Sec. 256.  <>  Subsection (d) of section
    504 of the Veterans' Benefits Improvement Act of 1996 (Public Law 104-
    275; 38 U.S.C. 5101 note), as amended, is further amended to read as
    follows:

    ``(c) Source of Funds.--Expenses of carrying out the pilot program
    under this section, including payments for pilot program examination
    travel and incidental expenses under the terms and conditions set forth
    by 38 U.S.C. 111, shall be reimbursed to the accounts available for the
    general operating expenses of the Veterans Benefits Administration and
    information technology systems from amounts available to the Secretary
    of Veterans Affairs for payment of compensation and pensions.''.
    Sec. 257.  None of the funds made available by this Act may be used
    to charge a veteran a fee for a veterans identification card pursuant to
    section 5706(c) of title 38, United States Code.
    Sec. 258. (a) In General.--Subchapter II of chapter 17 of title 38,
    United States Code, is amended by adding at the end the following new
    section:

    ``Sec. 1712I. <> Mental and behavioral health care
    for certain former members of the Armed Forces

    ``(a) In General.--The Secretary shall furnish to former members of
    the Armed Forces described in subsection (b)--
    ``(1) an initial mental health assessment; and
    ``(2) the mental healthcare or behavioral healthcare
    services authorized under this chapter that are required to
    treat the mental or behavioral health care needs of the former
    service members, including risk of suicide or harming others.

    [[Page 827]]

    ``(b) Eligible Individuals.--A former member of the Armed Forces
    described in this subsection is an individual who--
    ``(1) is a former member of the Armed Forces, including the
    reserve components;
    ``(2) while serving in the active military, naval, or air
    service, was discharged or released therefrom under a condition
    that is not honorable but not--
    ``(A) a dishonorable discharge; or
    ``(B) a discharge by court-martial;
    ``(3) is not otherwise eligible to enroll in the health care
    system established by section 1705 of this title; and
    ``(4)(A)(i) served in the Armed Forces for a period of more
    than 100 cumulative days; and
    ``(ii) was deployed in a theater of combat operations, in
    support of a contingency operation, or in an area at a time
    during which hostilities are occurring in that area during such
    service, including by controlling an unmanned aerial vehicle
    from a location other than such theater or area; or
    ``(B) while serving in the Armed Forces, was the victim of a
    physical assault of a sexual nature, a battery of a sexual
    nature, or sexual harassment (as defined in section 1720D(f) of
    this title).

    ``(c) Non-Department Care.--(1) In furnishing mental or behavioral
    health care services to an individual under this section, the Secretary
    may provide such mental or behavioral health care services at a non-
    Department facility if--
    ``(A) in the judgment of a mental health professional
    employed by the Department, the receipt of mental or behavioral
    health care services by that individual in facilities of the
    Department would be clinically inadvisable; or
    ``(B) facilities of the Department are not capable of
    furnishing such mental or behavioral health care services to
    that individual economically because of geographical
    inaccessibility.

    ``(2) The Secretary shall carry out paragraph (1) pursuant to
    section 1703 of this title or any other provision of law authorizing the
    Secretary to enter into contracts or agreements to furnish hospital care
    and medical services to veterans at non-Department facilities.
    ``(d) Setting and Referrals.--In furnishing mental and behavioral
    health care services to individuals under this section, the Secretary
    shall--
    ``(1) seek to ensure that such services are furnished in
    settings that are therapeutically appropriate, taking into
    account the circumstances that resulted in the need for such
    services; and
    ``(2) provide referral services to assist former members who
    are not eligible for services under this chapter to obtain
    services from sources outside the Department.

    ``(e) Information.--The Secretary shall provide information on the
    mental and behavioral health care services available under this section.
    Efforts by the Secretary to provide such information--
    ``(1) shall include notification of each eligible individual
    described in subsection (b) about the eligibility of the
    individual for covered mental and behavioral health care under
    this section not later than the later of--

    [[Page 828]]

    ``(A) 180 days after the date of the enactment of
    the Military Construction, Veterans Affairs, and Related
    Agencies Appropriations Act, 2018; or
    ``(B) 180 days after the date on which the
    individual was discharged or released from the active
    military, naval, or air service;
    ``(2) shall include availability of a toll-free telephone
    number (commonly referred to as an 800 number);
    ``(3) shall ensure that information about the mental health
    care services available under this section--
    ``(A) is revised and updated as appropriate;
    ``(B) is made available and visibly posted at
    appropriate facilities of the Department; and
    ``(C) is made available to State veteran agencies
    and through appropriate public information services; and
    ``(4) shall include coordination with the Secretary of
    Defense seeking to ensure that members of the Armed Forces and
    individuals who are being separated from active military, naval,
    or air service are provided appropriate information about
    programs, requirements, and procedures for applying for mental
    health care services under this section.

    ``(f) Annual Reports.--(1) Not less frequently than once each year,
    the Secretary shall submit to the Committee on Veterans' Affairs of the
    Senate and the Committee on Veterans' Affairs of the House of
    Representatives a report on the mental and behavioral health care
    services provided under this section.
    ``(2) Each report submitted under paragraph (1) shall include, with
    respect to the year preceding the submittal of the report, the
    following:
    ``(A) The number of eligible individuals who were furnished
    mental or behavioral health care services under this section,
    disaggregated by the number of men who received such services
    and the number of women who received such services.
    ``(B) The number of individuals who requested an initial
    mental health assessment under subsection (a)(1).
    ``(C) Such other information as the Secretary considers
    appropriate.''.

    (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 17 of title 38, United States Code <> , is amended by inserting after the item relating to section
    1720H the following new item:

    ``1720I. Mental and behavioral health care for certain former members of
    the Armed Forces.''.

    Sec. 259. (a) In General.--Chapter 53 of title 38, United States
    Code, is amended by inserting after section 5303A the following new
    section:

    ``Sec. 5303B. <>  Character of service
    determinations

    ``(a) Determination.--The Secretary shall establish a process by
    which an individual who served in the Armed Forces and was discharged or
    dismissed therefrom may seek a determination from the Secretary with
    respect to whether such discharge or release was under a condition that
    bars the right of such individual to a benefit under the laws
    administered by the Secretary based upon the period of service from
    which discharged or dismissed.

    [[Page 829]]

    ``(b) Provision of Information.--If the Secretary determines under
    subsection (a) that an individual is barred to a benefit under the laws
    administered by the Secretary, the Secretary shall provide to such
    individual information regarding the ability of the individual to
    address such condition, including pursuant to section 5303 of this title
    and chapter 79 of title 10.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter <>  is amended by inserting after
    the item relating to section 5303A the following new item:

    ``5303B. Character of service determinations.''.

    TITLE III

    RELATED AGENCIES

    American Battle Monuments Commission

    salaries and expenses

    For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, including the acquisition of land or
    interest in land in foreign countries; purchases and repair of uniforms
    for caretakers of national cemeteries and monuments outside of the
    United States and its territories and possessions; rent of office and
    garage space in foreign countries; purchase (one-for-one replacement
    basis only) and hire of passenger motor vehicles; not to exceed $42,000
    for official reception and representation expenses; and insurance of
    official motor vehicles in foreign countries, when required by law of
    such countries, $79,000,000, to remain available until expended.

    foreign currency fluctuations account

    For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, such sums as may be necessary, to remain
    available until expended, for purposes authorized by section 2109 of
    title 36, United States Code.

    United States Court of Appeals for Veterans Claims

    salaries and expenses

    (including transfer of funds)

    For necessary expenses for the operation of the United States Court
    of Appeals for Veterans Claims as authorized by sections 7251 through
    7298 of title 38, United States Code, $33,600,000:  Provided, That, of
    the amount, up to $800,000 may be transferred to the General Services
    Administration for planning and design of a courthouse, to include a
    feasibility study:  Provided further, That $2,580,000 shall be available
    for the purpose of providing financial assistance as described and in
    accordance with the process and reporting procedures set forth under
    this heading in Public Law 102-229.

    [[Page 830]]

    Department of Defense--Civil

    Cemeterial Expenses, Army

    salaries and expenses

    For necessary expenses for maintenance, operation, and improvement
    of Arlington National Cemetery and Soldiers' and Airmen's Home National
    Cemetery, including the purchase or lease of passenger motor vehicles
    for replacement on a one-for-one basis only, and not to exceed $2,000
    for official reception and representation expenses, $80,800,000, of
    which not to exceed $15,000,000 shall remain available until September
    30, 2020. In addition, such sums as may be necessary for parking
    maintenance, repairs and replacement, to be derived from the ``Lease of
    Department of Defense Real Property for Defense Agencies'' account.

    construction

    For necessary expenses for planning and design and construction at
    Arlington National Cemetery and Soldiers' and Airmen's Home National
    Cemetery, $167,000,000, to remain available until expended, for planning
    and design and construction associated with the Southern Expansion
    project at Arlington National Cemetery.

    Armed Forces Retirement Home

    trust fund

    For expenses necessary for the Armed Forces Retirement Home to
    operate and maintain the Armed Forces Retirement Home--Washington,
    District of Columbia, and the Armed Forces Retirement Home--Gulfport,
    Mississippi, to be paid from funds available in the Armed Forces
    Retirement Home Trust Fund, $64,300,000, of which $1,000,000 shall
    remain available until expended for construction and renovation of the
    physical plants at the Armed Forces Retirement Home--Washington,
    District of Columbia, and the Armed Forces Retirement Home--Gulfport,
    Mississippi:  Provided, That of the amounts made available under this
    heading from funds available in the Armed Forces Retirement Home Trust
    Fund, $22,000,000 shall be paid from the general fund of the Treasury to
    the Trust Fund.

    Administrative Provisions

    Sec. 301.  Funds appropriated in this Act under the heading
    ``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
    provided to Arlington County, Virginia, for the relocation of the
    federally owned water main at Arlington National Cemetery, making
    additional land available for ground burials.
    Sec. 302.  Amounts deposited into the special account established
    under 10 U.S.C. 4727 are appropriated and shall be available until
    expended to support activities at the Army National Military Cemeteries.

    [[Page 831]]

    TITLE IV

    OVERSEAS CONTINGENCY OPERATIONS

    DEPARTMENT OF DEFENSE

    Military Construction, Army

    For an additional amount for ``Military Construction, Army'',
    $146,100,000, to remain available until September 30, 2022, for projects
    outside of the United States:  Provided, That such amount is designated
    by the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and
    Marine Corps'', $33,248,000, to remain available until September 30,
    2022, for projects outside of the United States:  Provided, That such
    amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force''
    $546,352,000, to remain available until September 30, 2022, for projects
    outside of the United States:  Provided, That such amount is designated
    by the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    Military Construction, Defense-Wide

    For an additional amount for ``Military Construction, Defense-
    Wide'', $24,300,000, to remain available until September 30, 2022, for
    projects outside of the United States:  Provided, That such amount is
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

    Administrative Provisions

    Sec. 401.  Each amount designated in this Act by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 shall be available only if the President
    subsequently so designates all such amounts and transmits such
    designations to the Congress.
    Sec. 402.  <>  Notwithstanding any other
    provision of law, the Secretary of Defense is directed to provide the
    congressional defense committees a future years defense program for
    funds appropriated to the Department of Defense for construction
    projects related to European Reassurance Initiative and European
    Deterrence Initiative beginning in fiscal year 2018 and each subsequent
    fiscal year

    [[Page 832]]

    that funding is requested for either initiative. Further, the Secretary
    of Defense is directed to submit the future years defense program with
    each fiscal year budget submission.

    TITLE V

    GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
    Sec. 502.  None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any Federal
    law relating to risk assessment, the protection of private property
    rights, or unfunded mandates.
    Sec. 503.  All departments and agencies funded under this Act are
    encouraged, within the limits of the existing statutory authorities and
    funding, to expand their use of ``E-Commerce'' technologies and
    procedures in the conduct of their business practices and public service
    activities.
    Sec. 504.  Unless stated otherwise, all reports and notifications
    required by this Act shall be submitted to the Subcommittee on Military
    Construction and Veterans Affairs, and Related Agencies of the Committee
    on Appropriations of the House of Representatives and the Subcommittee
    on Military Construction and Veterans Affairs, and Related Agencies of
    the Committee on Appropriations of the Senate.
    Sec. 505.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government except pursuant to a transfer made by, or transfer
    authority provided in, this or any other appropriations Act.
    Sec. 506.  None of the funds made available in this Act may be used
    for a project or program named for an individual serving as a Member,
    Delegate, or Resident Commissioner of the United States House of
    Representatives.
    Sec. 507. (a) Any agency receiving funds made available in this Act,
    shall, subject to subsections (b) and (c), post on the public Web site
    of that agency any report required to be submitted by the Congress in
    this or any other Act, upon the determination by the head of the agency
    that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
    (1) the public posting of the report compromises national
    security; or
    (2) the report contains confidential or proprietary
    information.

    (c) The head of the agency posting such report shall do so only
    after such report has been made available to the requesting Committee or
    Committees of Congress for no less than 45 days.
    Sec. 508. (a) None of the funds made available in this Act may be
    used to maintain or establish a computer network unless such network
    blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency

    [[Page 833]]

    or any other entity carrying out criminal investigations, prosecution,
    or adjudication activities.
    Sec. 509.  None of the funds made available in this Act may be used
    by an agency of the executive branch to pay for first-class travel by an
    employee of the agency in contravention of sections 301-10.122 through
    301-10.124 of title 41, Code of Federal Regulations.
    Sec. 510.  None of the funds made available in this Act may be used
    to execute a contract for goods or services, including construction
    services, where the contractor has not complied with Executive Order No.
    12989.
    Sec. 511.  None of the funds made available by this Act may be used
    by the Department of Defense or the Department of Veterans Affairs to
    lease or purchase new light duty vehicles for any executive fleet, or
    for an agency's fleet inventory, except in accordance with Presidential
    Memorandum--Federal Fleet Performance, dated May 24, 2011.
    Sec. 512. (a) In General.--None of the funds appropriated or
    otherwise made available to the Department of Defense in this Act may be
    used to construct, renovate, or expand any facility in the United
    States, its territories, or possessions to house any individual detained
    at United States Naval Station, Guantanamo Bay, Cuba, for the purposes
    of detention or imprisonment in the custody or under the control of the
    Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to any
    modification of facilities at United States Naval Station, Guantanamo
    Bay, Cuba.
    (c) An individual described in this subsection is any individual
    who, as of June 24, 2009, is located at United States Naval Station,
    Guantanamo Bay, Cuba, and who--
    (1) is not a citizen of the United States or a member of the
    Armed Forces of the United States; and
    (2) is--
    (A) in the custody or under the effective control of
    the Department of Defense; or
    (B) otherwise under detention at United States Naval
    Station, Guantanamo Bay, Cuba.

    This division may be cited as the ``Military Construction, Veterans
    Affairs, and Related Agencies Appropriations Act, 2018''.

    DIVISION K-- <> DEPARTMENT OF STATE,
    FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2018

    TITLE I

    DEPARTMENT OF STATE AND RELATED AGENCY

    DEPARTMENT OF STATE

    Administration of Foreign Affairs

    diplomatic and consular programs

    For necessary expenses of the Department of State and the Foreign
    Service not otherwise provided for, $5,744,440,000, of which up to
    $654,553,000 may remain available until September 30, 2019, and of which
    up to $1,380,752,000 may remain available until

    [[Page 834]]

    expended for Worldwide Security Protection:  Provided, That funds made
    available under this heading shall be allocated in accordance with
    paragraphs (1) through (4) as follows:
    (1) Human resources.--For necessary expenses for training,
    human resources management, and salaries, including employment
    without regard to civil service and classification laws of
    persons on a temporary basis (not to exceed $700,000), as
    authorized by section 801 of the United States Information and
    Educational Exchange Act of 1948, $2,770,673,000, of which up to
    $476,879,000 is for Worldwide Security Protection.
    (2) Overseas programs.--For necessary expenses for the
    regional bureaus of the Department of State and overseas
    activities as authorized by law, $1,253,799,000.
    (3) Diplomatic policy and support.--For necessary expenses
    for the functional bureaus of the Department of State, including
    representation to certain international organizations in which
    the United States participates pursuant to treaties ratified
    pursuant to the advice and consent of the Senate or specific
    Acts of Congress, general administration, and arms control,
    nonproliferation and disarmament activities as authorized,
    $794,561,000.
    (4) Security programs.--For necessary expenses for security
    activities, $925,407,000, of which up to $903,873,000 is for
    Worldwide Security Protection.
    (5) Fees and payments collected.--In addition to amounts
    otherwise made available under this heading--
    (A) as authorized by section 810 of the United
    States Information and Educational Exchange Act, not to
    exceed $5,000,000, to remain available until expended,
    may be credited to this appropriation from fees or other
    payments received from English teaching, library, motion
    pictures, and publication programs and from fees from
    educational advising and counseling and exchange visitor
    programs; and
    (B) not to exceed $15,000, which shall be derived
    from reimbursements, surcharges, and fees for use of
    Blair House facilities.
    (6) Transfer of funds, reprogramming, and other matters.--
    (A) Notwithstanding any other provision of this Act,
    funds may be reprogrammed within and between paragraphs
    (1) through (4) under this heading subject to section
    7015 of this Act.
    (B) Of the amount made available under this heading,
    not to exceed $10,000,000 may be transferred to, and
    merged with, funds made available by this Act under the
    heading ``Emergencies in the Diplomatic and Consular
    Service'', to be available only for emergency
    evacuations and rewards, as authorized.
    (C) Funds appropriated under this heading are
    available for acquisition by exchange or purchase of
    passenger motor vehicles as authorized by law and,
    pursuant to section 1108(g) of title 31, United States
    Code, for the field examination of programs and
    activities in the United States funded from any account
    contained in this title.
    (D) Funds appropriated under this heading that are
    designated for Worldwide Security Protection shall
    continue

    [[Page 835]]

    to be made available for support of security-related
    training at sites in existence prior to the enactment of
    this Act.

    capital investment fund

    For necessary expenses of the Capital Investment Fund, as
    authorized, $103,400,000, to remain available until expended.

    office of inspector general

    For necessary expenses of the Office of Inspector General,
    $77,629,000, notwithstanding section 209(a)(1) of the Foreign Service
    Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections:
    Provided, That of the funds appropriated under this heading, $11,644,000
    may remain available until September 30, 2019.

    educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as
    authorized, $646,143,000, to remain available until expended, of which
    not less than $240,000,000 shall be for the Fulbright Program and not
    less than $111,360,000 shall be for Citizen Exchange Program, including
    $4,125,000 for the Congress-Bundestag Youth Exchange:  Provided, That
    fees or other payments received from, or in connection with, English
    teaching, educational advising and counseling programs, and exchange
    visitor programs as authorized may be credited to this account, to
    remain available until expended:  Provided further, That a portion of
    the Fulbright awards from the Eurasia and Central Asia regions shall be
    designated as Edmund S. Muskie Fellowships, following consultation with
    the Committees on Appropriations:  Provided further, That any
    substantive modifications from the prior fiscal year to programs funded
    by this Act under this heading shall be subject to prior consultation
    with, and the regular notification procedures of, the Committees on
    Appropriations.

    representation expenses

    For representation expenses as authorized, $8,030,000.

    protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of
    State to provide for extraordinary protective services, as authorized,
    $30,890,000, to remain available until September 30, 2019.

    embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service
    Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
    repairing, and planning for buildings that are owned or directly leased
    by the Department of State, renovating, in addition to funds otherwise
    available, the Harry S Truman Building, and carrying out the Diplomatic
    Security Construction Program as authorized, $765,459,000, to remain
    available until expended, of which not to exceed $25,000 may be used for
    domestic and overseas representation expenses as authorized:  Provided,
    That none of the funds appropriated in this paragraph shall be available

    [[Page 836]]

    for acquisition of furniture, furnishings, or generators for other
    departments and agencies of the United States Government.
    In addition, for the costs of worldwide security upgrades,
    acquisition, and construction as authorized, $1,477,237,000, to remain
    available until expended:  Provided, That not later than 45 days after
    enactment of this Act, the Secretary of State shall submit to the
    Committees on Appropriations the proposed allocation of funds made
    available under this heading and the actual and anticipated proceeds of
    sales for all projects in fiscal year 2018.

    emergencies in the diplomatic and consular service

    For necessary expenses to enable the Secretary of State to meet
    unforeseen emergencies arising in the Diplomatic and Consular Service,
    as authorized, $7,885,000, to remain available until expended, of which
    not to exceed $1,000,000 may be transferred to, and merged with, funds
    appropriated by this Act under the heading ``Repatriation Loans Program
    Account'', subject to the same terms and conditions.

    repatriation loans program account

    For the cost of direct loans, $1,300,000, as authorized:  Provided,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That such funds are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $2,440,856.

    payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act (Public
    Law 96-8), $31,963,000.

    international center, washington, district of columbia

    Not to exceed $1,806,600 shall be derived from fees collected from
    other executive agencies for lease or use of facilities at the
    International Center in accordance with section 4 of the International
    Center Act (Public Law 90-553), and, in addition, as authorized by
    section 5 of such Act, $743,000, to be derived from the reserve
    authorized by such section, to be used for the purposes set out in that
    section.

    payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund,
    as authorized, $158,900,000.

    International Organizations

    contributions to international organizations

    <> For necessary expenses, not otherwise
    provided for, to meet annual obligations of membership in international
    multilateral organizations, pursuant to treaties ratified pursuant to
    the advice and consent of the Senate, conventions, or specific Acts of
    Congress, $1,371,168,000:  Provided, That the Secretary of State shall,
    at

    [[Page 837]]

    the time of the submission of the President's budget to Congress under
    section 1105(a) of title 31, United States Code, transmit to the
    Committees on Appropriations the most recent biennial budget prepared by
    the United Nations for the operations of the United Nations:  Provided
    further, That the Secretary of State shall notify the Committees on
    Appropriations at least 15 days in advance (or in an emergency, as far
    in advance as is practicable) of any United Nations action to increase
    funding for any United Nations program without identifying an offsetting
    decrease elsewhere in the United Nations budget:  Provided further, That
    not later than June 1, 2018, and 30 days after the end of fiscal year
    2018, the Secretary of State shall report to the Committees on
    Appropriations any credits attributable to the United States, including
    from the United Nations Tax Equalization Fund, and provide updated
    fiscal year 2018 and fiscal year 2019 assessment costs including offsets
    from available credits and updated foreign currency exchange rates:
    Provided further, That any such credits shall only be available for
    United States assessed contributions to the United Nations regular
    budget, and the Committees on Appropriations shall be notified when such
    credits are applied to any assessed contribution, including any payment
    of arrearages:  Provided further, That any notification regarding funds
    appropriated or otherwise made available under this heading in this Act
    or prior Acts making appropriations for the Department of State, foreign
    operations, and related programs submitted pursuant to section 7015 of
    this Act, section 34 of the State Department Basic Authorities Act of
    1956 (22 U.S.C. 2706), or any operating plan submitted pursuant to
    section 7076 of this Act, shall include an estimate of all known credits
    currently attributable to the United States and provide updated
    assessment costs including offsets from available credits and updated
    foreign currency exchange rates:  Provided further, That any payment of
    arrearages under this heading shall be directed to activities that are
    mutually agreed upon by the United States and the respective
    international organization and shall be subject to the regular
    notification procedures of the Committees on Appropriations:  Provided
    further, That none of the funds appropriated under this heading shall be
    available for a United States contribution to an international
    organization for the United States share of interest costs made known to
    the United States Government by such organization for loans incurred on
    or after October 1, 1984, through external borrowings.

    contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of
    international peacekeeping activities directed to the maintenance or
    restoration of international peace and security, $414,624,000, of which
    15 percent shall remain available until September 30, 2019:  Provided,
    That none of the funds made available by this Act shall be obligated or
    expended for any new or expanded United Nations peacekeeping mission
    unless, at least 15 days in advance of voting for such mission in the
    United Nations Security Council (or in an emergency as far in advance as
    is practicable), the Committees on Appropriations are notified of: (1)
    the estimated cost and duration of the mission, the objectives of the
    mission, the national interest that will be served, and the exit
    strategy; and (2) the sources of funds, including any reprogrammings or
    transfers, that

    [[Page 838]]

    will be used to pay the cost of the new or expanded mission, and the
    estimated cost in future fiscal years:  Provided further, That none of
    the funds appropriated under this heading may be made available for
    obligation unless the Secretary of State certifies and reports to the
    Committees on Appropriations on a peacekeeping mission-by-mission basis
    that the United Nations is implementing effective policies and
    procedures to prevent United Nations employees, contractor personnel,
    and peacekeeping troops serving in such mission from trafficking in
    persons, exploiting victims of trafficking, or committing acts of sexual
    exploitation and abuse or other violations of human rights, and to bring
    to justice individuals who engage in such acts while participating in
    such mission, including prosecution in their home countries and making
    information about such prosecutions publicly available on the Web site
    of the United Nations:  Provided further, That the Secretary of State
    shall work with the United Nations and foreign governments contributing
    peacekeeping troops to implement effective vetting procedures to ensure
    that such troops have not violated human rights:  Provided further, That
    funds shall be available for peacekeeping expenses unless the Secretary
    of State determines that United States manufacturers and suppliers are
    not being given opportunities to provide equipment, services, and
    material for United Nations peacekeeping activities equal to those being
    given to foreign manufacturers and suppliers:  Provided further, That
    none of the funds appropriated or otherwise made available under this
    heading may be used for any United Nations peacekeeping mission that
    will involve United States Armed Forces under the command or operational
    control of a foreign national, unless the President's military advisors
    have submitted to the President a recommendation that such involvement
    is in the national interest of the United States and the President has
    submitted to Congress such a recommendation:  Provided further, That not
    later than June 1, 2018, and 30 days after the end of fiscal year 2018,
    the Secretary of State shall report to the Committees on Appropriations
    any credits attributable to the United States, including those resulting
    from United Nations peacekeeping missions or the United Nations Tax
    Equalization Fund, and provide updated fiscal year 2018 and fiscal year
    2019 assessment costs including offsets from available credits:
    Provided further, That any such credits shall only be available for
    United States assessed contributions to United Nations peacekeeping
    missions, and the Committees on Appropriations shall be notified when
    such credits are applied to any assessed contribution, including any
    payment of arrearages:  Provided further, That any notification
    regarding funds appropriated or otherwise made available under this
    heading in this Act or prior Acts making appropriations for the
    Department of State, foreign operations, and related programs submitted
    pursuant to section 7015 of this Act, section 34 of the State Department
    Basic Authorities Act of 1956 (22 U.S.C. 2706), or any operating plan
    submitted pursuant to section 7076 of this Act, shall include an
    estimate of all known credits currently attributable to the United
    States and provide updated assessment costs, including offsets from
    available credits:  Provided further, That any payment of arrearages
    with funds appropriated by this Act shall be subject to the regular
    notification procedures of the Committees on Appropriations:  Provided
    further, That the Secretary of State shall work with the United Nations
    and members of the United Nations Security Council to evaluate and
    prioritize

    [[Page 839]]

    peacekeeping missions, and to consider a draw down when mission goals
    have been substantially achieved.

    International Commissions

    For <>  necessary expenses, not otherwise
    provided for, to meet obligations of the United States arising under
    treaties, or specific Acts of Congress, as follows:

    international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the
    International Boundary and Water Commission, United States and Mexico,
    and to comply with laws applicable to the United States Section,
    including not to exceed $6,000 for representation expenses; as follows:

    salaries and expenses

    For salaries and expenses, not otherwise provided for, $48,134,000.

    construction

    For detailed plan preparation and construction of authorized
    projects, $29,400,000, to remain available until expended, as
    authorized.

    american sections, international commissions

    For necessary expenses, not otherwise provided, for the
    International Joint Commission and the International Boundary
    Commission, United States and Canada, as authorized by treaties between
    the United States and Canada or Great Britain, and the Border
    Environment Cooperation Commission as authorized by the North American
    Free Trade Agreement Implementation Act (Public Law 103-182),
    $13,258,000:  Provided, That of the amount provided under this heading
    for the International Joint Commission, up to $500,000 may remain
    available until September 30, 2019, and $9,000 may be made available for
    representation expenses.

    international fisheries commissions

    For necessary expenses for international fisheries commissions, not
    otherwise provided for, as authorized by law, $46,356,000:  Provided,
    That the United States share of such expenses may be advanced to the
    respective commissions pursuant to section 3324 of title 31, United
    States Code.

    RELATED AGENCY

    Broadcasting Board of Governors

    international broadcasting operations

    For necessary expenses to enable the Broadcasting Board of Governors
    (BBG), as authorized, to carry out international communication
    activities, and to make and supervise grants for radio,

    [[Page 840]]

    Internet, and television broadcasting to the Middle East, $797,986,000:
    Provided, That in addition to amounts otherwise available for such
    purposes, up to $34,508,000 of the amount appropriated under this
    heading may remain available until expended for satellite transmissions
    and Internet freedom programs, of which not less than $13,800,000 shall
    be for Internet freedom programs:  Provided further, That of the total
    amount appropriated under this heading, not to exceed $35,000 may be
    used for representation expenses, of which $10,000 may be used for such
    expenses within the United States as authorized, and not to exceed
    $30,000 may be used for representation expenses of Radio Free Europe/
    Radio Liberty:  Provided further, That the BBG shall notify the
    Committees on Appropriations within 15 days of any determination by the
    BBG that any of its broadcast entities, including its grantee
    organizations, provides an open platform for international terrorists or
    those who support international terrorism, or is in violation of the
    principles and standards set forth in subsections (a) and (b) of section
    303 of the United States International Broadcasting Act of 1994 (22
    U.S.C. 6202) or the entity's journalistic code of ethics:  Provided
    further, That significant modifications to BBG broadcast hours
    previously justified to Congress, including changes to transmission
    platforms (shortwave, medium wave, satellite, Internet, and television),
    for all BBG language services shall be subject to the regular
    notification procedures of the Committees on Appropriations:  Provided
    further, That in addition to funds made available under this heading,
    and notwithstanding any other provision of law, up to $5,000,000 in
    receipts from advertising and revenue from business ventures, up to
    $500,000 in receipts from cooperating international organizations, and
    up to $1,000,000 in receipts from privatization efforts of the Voice of
    America and the International Broadcasting Bureau, shall remain
    available until expended for carrying out authorized purposes.

    broadcasting capital improvements

    For the purchase, rent, construction, repair, preservation, and
    improvement of facilities for radio, television, and digital
    transmission and reception; the purchase, rent, and installation of
    necessary equipment for radio, television, and digital transmission and
    reception, including to Cuba, as authorized; and physical security
    worldwide, in addition to amounts otherwise available for such purposes,
    $9,700,000, to remain available until expended, as authorized.

    RELATED PROGRAMS

    The Asia Foundation

    For a grant to The Asia Foundation, as authorized by The Asia
    Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until
    expended.

    United States Institute of Peace

    For necessary expenses of the United States Institute of Peace, as
    authorized by the United States Institute of Peace Act (22 U.S.C. 4601
    et seq.), $37,884,000, to remain available until September 30, 2019,
    which shall not be used for construction activities.

    [[Page 841]]

    Center for Middle Eastern-Western Dialogue Trust Fund

    For necessary expenses of the Center for Middle Eastern-Western
    Dialogue Trust Fund, as authorized by section 633 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
    interest and earnings accruing to such Fund on or before September 30,
    2018, to remain available until expended.

    Eisenhower Exchange Fellowship Program

    For necessary expenses of Eisenhower Exchange Fellowships,
    Incorporated, as authorized by sections 4 and 5 of the Eisenhower
    Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
    earnings accruing to the Eisenhower Exchange Fellowship Program Trust
    Fund on or before September 30, 2018, to remain available until
    expended:  Provided, That none of the funds appropriated herein shall be
    used to pay any salary or other compensation, or to enter into any
    contract providing for the payment thereof, in excess of the rate
    authorized by section 5376 of title 5, United States Code; or for
    purposes which are not in accordance with section 200 of title 2 of the
    Code of Federal Regulations, including the restrictions on compensation
    for personal services.

    Israeli Arab Scholarship Program

    For necessary expenses of the Israeli Arab Scholarship Program, as
    authorized by section 214 of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
    earnings accruing to the Israeli Arab Scholarship Fund on or before
    September 30, 2018, to remain available until expended.

    East-West Center

    To enable the Secretary of State to provide for carrying out the
    provisions of the Center for Cultural and Technical Interchange Between
    East and West Act of 1960, by grant to the Center for Cultural and
    Technical Interchange Between East and West in the State of Hawaii,
    $16,700,000.

    National Endowment for Democracy

    For grants made by the Department of State to the National Endowment
    for Democracy, as authorized by the National Endowment for Democracy Act
    (22 U.S.C. 4412), $170,000,000, to remain available until expended, of
    which $117,500,000 shall be allocated in the traditional and customary
    manner, including for the core institutes, and $52,500,000 shall be for
    democracy programs.

    [[Page 842]]

    OTHER COMMISSIONS

    Commission for the Preservation of America's Heritage Abroad

    salaries and expenses

    For necessary expenses for the Commission for the Preservation of
    America's Heritage Abroad, $675,000, as authorized by chapter 3123 of
    title 54, United States Code:  Provided, That the Commission may procure
    temporary, intermittent, and other services notwithstanding paragraph
    (3) of section 312304(b) of such chapter:  Provided further, That such
    authority shall terminate on October 1, 2018:  Provided further, That
    the Commission shall notify the Committees on Appropriations prior to
    exercising such authority.

    United States Commission on International Religious Freedom

    salaries and expenses

    For necessary expenses for the United States Commission on
    International Religious Freedom (USCIRF), as authorized by title II of
    the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et
    seq.), $4,500,000, to remain available until September 30, 2019,
    including not more than $4,000 for representation expenses:  Provided,
    That prior to the obligation of $1,000,000 of the funds appropriated
    under this heading, the Commission shall consult with the appropriate
    congressional committees on the steps taken to implement the
    recommendations of the Independent Review of USCIRF Mission
    Effectiveness that was conducted pursuant to the United States
    Commission on International Religious Freedom Reauthorization Act of
    2015 (Public Law 114-71), and such funds shall be subject to the regular
    notification procedures of the Committees on Appropriations.

    Commission on Security and Cooperation in Europe

    salaries and expenses

    For necessary expenses of the Commission on Security and Cooperation
    in Europe, as authorized by Public Law 94-304 (22 U.S.C. 3001 et seq.),
    $2,579,000, including not more than $4,000 for representation expenses,
    to remain available until September 30, 2019.

    Congressional-Executive Commission on the People's Republic of China

    salaries and expenses

    For necessary expenses of the Congressional-Executive Commission on
    the People's Republic of China, as authorized by title III of the U.S.-
    China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,000,000,
    including not more than $3,000 for representation expenses, to remain
    available until September 30, 2019.

    [[Page 843]]

    United States-China Economic and Security Review Commission

    salaries and expenses

    For necessary expenses of the United States-China Economic and
    Security Review Commission, as authorized by section 1238 of the Floyd
    D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
    U.S.C. 7002), $3,500,000, including not more than $4,000 for
    representation expenses, to remain available until September 30, 2019:
    Provided, That the authorities, requirements, limitations, and
    conditions contained in the second through sixth provisos under this
    heading in the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2010 (division F of Public Law 111-117)
    shall continue in effect during fiscal year 2018 and shall apply to
    funds appropriated under this heading as if included in this Act.

    TITLE II

    UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

    Funds Appropriated to the President

    operating expenses

    For necessary expenses to carry out the provisions of section 667 of
    the Foreign Assistance Act of 1961, $1,189,609,000, of which up to
    $178,441,000 may remain available until September 30, 2019:  Provided,
    That none of the funds appropriated under this heading and under the
    heading ``Capital Investment Fund'' in this title may be made available
    to finance the construction (including architect and engineering
    services), purchase, or long-term lease of offices for use by the United
    States Agency for International Development, unless the USAID
    Administrator has identified such proposed use of funds in a report
    submitted to the Committees on Appropriations at least 15 days prior to
    the obligation of funds for such purposes:  Provided further, That
    contracts or agreements entered into with funds appropriated under this
    heading may entail commitments for the expenditure of such funds through
    the following fiscal year:  Provided further, That the authority of
    sections 610 and 109 of the Foreign Assistance Act of 1961 may be
    exercised by the Secretary of State to transfer funds appropriated to
    carry out chapter 1 of part I of such Act to ``Operating Expenses'' in
    accordance with the provisions of those sections:  Provided further,
    That of the funds appropriated or made available under this heading, not
    to exceed $250,000 may be available for representation and entertainment
    expenses, of which not to exceed $5,000 may be available for
    entertainment expenses, and not to exceed $100,500 shall be for official
    residence expenses, for USAID during the current fiscal year.

    capital investment fund

    For necessary expenses for overseas construction and related costs,
    and for the procurement and enhancement of information technology and
    related capital investments, pursuant to section

    [[Page 844]]

    667 of the Foreign Assistance Act of 1961, $197,100,000, to remain
    available until expended:  Provided, That this amount is in addition to
    funds otherwise available for such purposes:  Provided further, That
    funds appropriated under this heading shall be available subject to the
    regular notification procedures of the Committees on Appropriations.

    office of inspector general

    For necessary expenses to carry out the provisions of section 667 of
    the Foreign Assistance Act of 1961, $72,800,000, of which up to
    $10,920,000 may remain available until September 30, 2019, for the
    Office of Inspector General of the United States Agency for
    International Development.

    TITLE III

    BILATERAL ECONOMIC ASSISTANCE

    Funds Appropriated to the President

    For necessary expenses to enable the President to carry out the
    provisions of the Foreign Assistance Act of 1961, and for other
    purposes, as follows:

    global health programs

    For necessary expenses to carry out the provisions of chapters 1 and
    10 of part I of the Foreign Assistance Act of 1961, for global health
    activities, in addition to funds otherwise available for such purposes,
    $3,020,000,000, to remain available until September 30, 2019, and which
    shall be apportioned directly to the United States Agency for
    International Development:  Provided, That this amount shall be made
    available for training, equipment, and technical assistance to build the
    capacity of public health institutions and organizations in developing
    countries, and for such activities as: (1) child survival and maternal
    health programs; (2) immunization and oral rehydration programs; (3)
    other health, nutrition, water and sanitation programs which directly
    address the needs of mothers and children, and related education
    programs; (4) assistance for children displaced or orphaned by causes
    other than AIDS; (5) programs for the prevention, treatment, control of,
    and research on HIV/AIDS, tuberculosis, polio, malaria, and other
    infectious diseases including neglected tropical diseases, and for
    assistance to communities severely affected by HIV/AIDS, including
    children infected or affected by AIDS; (6) disaster preparedness
    training for health crises; (7) programs to prevent, prepare for, and
    respond to, unanticipated and emerging global health threats; and (8)
    family planning/reproductive health:  Provided further, That funds
    appropriated under this paragraph may be made available for a United
    States contribution to the GAVI Alliance:  Provided further, That none
    of the funds made available in this Act nor any unobligated balances
    from prior appropriations Acts may be made available to any organization
    or program which, as determined by the President of the United States,
    supports or participates in the management of a program of coercive
    abortion or involuntary sterilization:  Provided further, That any
    determination made under the previous proviso must be made not later

    [[Page 845]]

    than 6 months after the date of enactment of this Act, and must be
    accompanied by the evidence and criteria utilized to make the
    determination:  Provided further, That none of the funds made available
    under this Act may be used to pay for the performance of abortion as a
    method of family planning or to motivate or coerce any person to
    practice abortions:  Provided further, That nothing in this paragraph
    shall be construed to alter any existing statutory prohibitions against
    abortion under section 104 of the Foreign Assistance Act of 1961:
    Provided further, That none of the funds made available under this Act
    may be used to lobby for or against abortion:  Provided further, That in
    order to reduce reliance on abortion in developing nations, funds shall
    be available only to voluntary family planning projects which offer,
    either directly or through referral to, or information about access to,
    a broad range of family planning methods and services, and that any such
    voluntary family planning project shall meet the following requirements:
    (1) service providers or referral agents in the project shall not
    implement or be subject to quotas, or other numerical targets, of total
    number of births, number of family planning acceptors, or acceptors of a
    particular method of family planning (this provision shall not be
    construed to include the use of quantitative estimates or indicators for
    budgeting and planning purposes); (2) the project shall not include
    payment of incentives, bribes, gratuities, or financial reward to: (A)
    an individual in exchange for becoming a family planning acceptor; or
    (B) program personnel for achieving a numerical target or quota of total
    number of births, number of family planning acceptors, or acceptors of a
    particular method of family planning; (3) the project shall not deny any
    right or benefit, including the right of access to participate in any
    program of general welfare or the right of access to health care, as a
    consequence of any individual's decision not to accept family planning
    services; (4) the project shall provide family planning acceptors
    comprehensible information on the health benefits and risks of the
    method chosen, including those conditions that might render the use of
    the method inadvisable and those adverse side effects known to be
    consequent to the use of the method; and (5) the project shall ensure
    that experimental contraceptive drugs and devices and medical procedures
    are provided only in the context of a scientific study in which
    participants are advised of potential risks and benefits; and, not less
    than 60 days after the date on which the USAID Administrator determines
    that there has been a violation of the requirements contained in
    paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
    practice of violations of the requirements contained in paragraph (4) of
    this proviso, the Administrator shall submit to the Committees on
    Appropriations a report containing a description of such violation and
    the corrective action taken by the Agency:  Provided further, That in
    awarding grants for natural family planning under section 104 of the
    Foreign Assistance Act of 1961 no applicant shall be discriminated
    against because of such applicant's religious or conscientious
    commitment to offer only natural family planning; and, additionally, all
    such applicants shall comply with the requirements of the previous
    proviso:  Provided further, That for purposes of this or any other Act
    authorizing or appropriating funds for the Department of State, foreign
    operations, and related programs, the term ``motivate'', as it relates
    to family planning assistance, shall not be construed to prohibit the
    provision, consistent with local law, of information or counseling

    [[Page 846]]

    about all pregnancy options:  Provided further, That information
    provided about the use of condoms as part of projects or activities that
    are funded from amounts appropriated by this Act shall be medically
    accurate and shall include the public health benefits and failure rates
    of such use.
    In addition, for necessary expenses to carry out the provisions of
    the Foreign Assistance Act of 1961 for the prevention, treatment, and
    control of, and research on, HIV/AIDS, $5,670,000,000, to remain
    available until September 30, 2022, which shall be apportioned directly
    to the Department of State:  Provided, That funds appropriated under
    this paragraph may be made available, notwithstanding any other
    provision of law, except for the United States Leadership Against HIV/
    AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for a
    United States contribution to the Global Fund to Fight AIDS,
    Tuberculosis and Malaria (Global Fund), and shall be expended at the
    minimum rate necessary to make timely payment for projects and
    activities:  Provided further, That the amount of such contribution
    should be $1,350,000,000:  Provided further, That clauses (i) and (vi)
    of section 202(d)(4)(A) of the United States Leadership Against HIV/
    AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622) shall be
    applied with respect to such funds made available for fiscal years 2015
    through 2018 by substituting ``2004'' for ``2009'':  Provided further,
    That up to 5 percent of the aggregate amount of funds made available to
    the Global Fund in fiscal year 2018 may be made available to USAID for
    technical assistance related to the activities of the Global Fund,
    subject to the regular notification procedures of the Committees on
    Appropriations:  Provided further, That of the funds appropriated under
    this paragraph, up to $17,000,000 may be made available, in addition to
    amounts otherwise available for such purposes, for administrative
    expenses of the Office of the United States Global AIDS Coordinator.

    development assistance

    For necessary expenses to carry out the provisions of sections 103,
    105, 106, 214, and sections 251 through 255, and chapter 10 of part I of
    the Foreign Assistance Act of 1961, $3,000,000,000, to remain available
    until September 30, 2019.

    international disaster assistance

    For necessary expenses to carry out the provisions of section 491 of
    the Foreign Assistance Act of 1961 for international disaster relief,
    rehabilitation, and reconstruction assistance, $2,696,534,000, to remain
    available until expended.

    transition initiatives

    For necessary expenses for international disaster rehabilitation and
    reconstruction assistance administered by the Office of Transition
    Initiatives, United States Agency for International Development,
    pursuant to section 491 of the Foreign Assistance Act of 1961,
    $30,000,000, to remain available until expended, to support transition
    to democracy and long-term development of countries in crisis:
    Provided, That such support may include assistance to

    [[Page 847]]

    develop, strengthen, or preserve democratic institutions and processes,
    revitalize basic infrastructure, and foster the peaceful resolution of
    conflict:  Provided further, That the USAID Administrator shall submit a
    report to the Committees on Appropriations at least 5 days prior to
    beginning a new program of assistance:  Provided further, That if the
    Secretary of State determines that it is important to the national
    interest of the United States to provide transition assistance in excess
    of the amount appropriated under this heading, up to $15,000,000 of the
    funds appropriated by this Act to carry out the provisions of part I of
    the Foreign Assistance Act of 1961 may be used for purposes of this
    heading and under the authorities applicable to funds appropriated under
    this heading:  Provided further, That funds made available pursuant to
    the previous proviso shall be made available subject to prior
    consultation with the Committees on Appropriations.

    complex crises fund

    For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 to support programs and activities to prevent or
    respond to emerging or unforeseen foreign challenges and complex crises
    overseas, $10,000,000, to remain available until expended:  Provided,
    That funds appropriated under this heading may be made available on such
    terms and conditions as are appropriate and necessary for the purposes
    of preventing or responding to such challenges and crises, except that
    no funds shall be made available for lethal assistance or to respond to
    natural disasters:  Provided further, That funds appropriated under this
    heading may be made available notwithstanding any other provision of
    law, except sections 7007, 7008, and 7018 of this Act and section 620M
    of the Foreign Assistance Act of 1961:  Provided further, That funds
    appropriated under this heading may be used for administrative expenses,
    in addition to funds otherwise available for such purposes, except that
    such expenses may not exceed 5 percent of the funds appropriated under
    this heading:  Provided further, That funds appropriated under this
    heading shall be subject to the regular notification procedures of the
    Committees on Appropriations, except that such notifications shall be
    transmitted at least 5 days prior to the obligation of funds.

    development credit authority

    For the cost of direct loans and loan guarantees provided by the
    United States Agency for International Development, as authorized by
    sections 256 and 635 of the Foreign Assistance Act of 1961, up to
    $55,000,000 may be derived by transfer from funds appropriated by this
    Act to carry out part I of such Act and under the heading ``Assistance
    for Europe, Eurasia and Central Asia'':  Provided, That funds provided
    under this paragraph and funds provided as a gift that are used for
    purposes of this paragraph pursuant to section 635(d) of the Foreign
    Assistance Act of 1961 shall be made available only for micro- and small
    enterprise programs, urban programs, and other programs which further
    the purposes of part I of such Act:  Provided further, That funds
    provided as a gift that are used for purposes of this paragraph shall be
    subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations:  Provided further, That

    [[Page 848]]

    such costs, including the cost of modifying such direct and guaranteed
    loans, shall be as defined in section 502 of the Congressional Budget
    Act of 1974, as amended:  Provided further, That funds made available by
    this paragraph may be used for the cost of modifying any such guaranteed
    loans under this Act or prior Acts making appropriations for the
    Department of State, foreign operations, and related programs, and funds
    used for such cost, including if the cost results in a negative subsidy,
    shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided further, That the provisions of
    section 107A(d) (relating to general provisions applicable to the
    Development Credit Authority) of the Foreign Assistance Act of 1961, as
    contained in section 306 of H.R. 1486 as reported by the House Committee
    on International Relations on May 9, 1997, shall be applicable to direct
    loans and loan guarantees provided under this heading, except that the
    principal amount of loans made or guaranteed under this heading with
    respect to any single country shall not exceed $300,000,000:  Provided
    further, That these funds are available to subsidize total loan
    principal, any portion of which is to be guaranteed, of up to
    $1,750,000,000.
    In addition, for administrative expenses to carry out credit
    programs administered by USAID, $10,000,000, which may be transferred
    to, and merged with, funds made available under the heading ``Operating
    Expenses'' in title II of this Act:  Provided, That funds made available
    under this heading shall remain available until September 30, 2020.

    economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $1,816,731,000, to remain
    available until September 30, 2019.

    democracy fund

    For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 for the promotion of democracy globally,
    including to carry out the purposes of section 502(b)(3) and (5) of
    Public Law 98-164 (22 U.S.C. 4411), $150,375,000, to remain available
    until September 30, 2019, which shall be made available for the Human
    Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
    Labor, Department of State:  Provided, That funds appropriated under
    this heading that are made available to the National Endowment for
    Democracy and its core institutes are in addition to amounts otherwise
    available by this Act for such purposes:  Provided further, That the
    Assistant Secretary for Democracy, Human Rights, and Labor, Department
    of State, shall consult with the Committees on Appropriations prior to
    the obligation of funds appropriated under this paragraph.
    For an additional amount for such purposes, $65,125,000, to remain
    available until September 30, 2019, which shall be made available for
    the Bureau for Democracy, Conflict, and Humanitarian Assistance, United
    States Agency for International Development.

    assistance for europe, eurasia and central asia

    For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961, the FREEDOM Support Act (Public

    [[Page 849]]

    Law 102-511), and the Support for Eastern European Democracy (SEED) Act
    of 1989 (Public Law 101-179), $750,334,000, to remain available until
    September 30, 2019, which shall be available, notwithstanding any other
    provision of law, except section 7070 of this Act, for assistance and
    related programs for countries identified in section 3 of Public Law
    102-511 (22 U.S.C. 5801) and section 3(c) of Public Law 101-179 (22
    U.S.C. 5402), in addition to funds otherwise available for such
    purposes:  Provided, That funds appropriated by this Act under the
    headings ``Global Health Programs'', ``Economic Support Fund'', and
    ``International Narcotics Control and Law Enforcement'' that are made
    available for assistance for such countries shall be administered in
    accordance with the responsibilities of the coordinator designated
    pursuant to section 102 of Public Law 102-511 and section 601 of Public
    Law 101-179:  Provided further, That funds appropriated under this
    heading shall be considered to be economic assistance under the Foreign
    Assistance Act of 1961 for purposes of making available the
    administrative authorities contained in that Act for the use of economic
    assistance.

    Department of State

    migration and refugee assistance

    For necessary expenses not otherwise provided for, to enable the
    Secretary of State to carry out the provisions of section 2(a) and (b)
    of the Migration and Refugee Assistance Act of 1962, and other
    activities to meet refugee and migration needs; salaries and expenses of
    personnel and dependents as authorized by the Foreign Service Act of
    1980; allowances as authorized by sections 5921 through 5925 of title 5,
    United States Code; purchase and hire of passenger motor vehicles; and
    services as authorized by section 3109 of title 5, United States Code,
    $927,802,000, to remain available until expended, of which not less than
    $35,000,000 shall be made available to respond to small-scale emergency
    humanitarian requirements, and $7,500,000 shall be made available for
    refugees resettling in Israel.

    united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c)
    of the Migration and Refugee Assistance Act of 1962, as amended (22
    U.S.C. 2601(c)), $1,000,000, to remain available until expended:
    Provided, That amounts in excess of the limitation contained in
    paragraph (2) of such section shall be transferred to, and merged with,
    funds made available by this Act under the heading ``Migration and
    Refugee Assistance''.

    Independent Agencies

    peace corps

    (including transfer of funds)

    For necessary expenses to carry out the provisions of the Peace
    Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
    exceed five passenger motor vehicles for administrative purposes for use
    outside of the United States, $410,000,000, of which

    [[Page 850]]

    $5,500,000 is for the Office of Inspector General, to remain available
    until September 30, 2019:  Provided, That the Director of the Peace
    Corps may transfer to the Foreign Currency Fluctuations Account, as
    authorized by section 16 of the Peace Corps Act (22 U.S.C. 2515), an
    amount not to exceed $5,000,000:  Provided further, That funds
    transferred pursuant to the previous proviso may not be derived from
    amounts made available for Peace Corps overseas operations:  Provided
    further, That of the funds appropriated under this heading, not to
    exceed $104,000 may be available for representation expenses, of which
    not to exceed $4,000 may be made available for entertainment expenses:
    Provided further, That any decision to open, close, significantly
    reduce, or suspend a domestic or overseas office or country program
    shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations, except
    that prior consultation and regular notification procedures may be
    waived when there is a substantial security risk to volunteers or other
    Peace Corps personnel, pursuant to section 7015(e) of this Act:
    Provided further, That none of the funds appropriated under this heading
    shall be used to pay for abortions:  Provided further, That
    notwithstanding the previous proviso, section 614 of division E of
    Public Law 113-76 shall apply to funds appropriated under this heading.

    millennium challenge corporation

    For necessary expenses to carry out the provisions of the Millennium
    Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $905,000,000, to
    remain available until expended:  Provided, That of the funds
    appropriated under this heading, up to $105,000,000 may be available for
    administrative expenses of the Millennium Challenge Corporation (MCC):
    Provided further, That up to 5 percent of the funds appropriated under
    this heading may be made available to carry out the purposes of section
    616 of the MCA for fiscal year 2018:  Provided further, That section
    605(e) of the MCA shall apply to funds appropriated under this heading:
    Provided further, That funds appropriated under this heading may be made
    available for a Millennium Challenge Compact entered into pursuant to
    section 609 of the MCA only if such Compact obligates, or contains a
    commitment to obligate subject to the availability of funds and the
    mutual agreement of the parties to the Compact to proceed, the entire
    amount of the United States Government funding anticipated for the
    duration of the Compact:  Provided further, That the MCC Chief Executive
    Officer shall notify the Committees on Appropriations not later than 15
    days prior to commencing negotiations for any country compact or
    threshold country program; signing any such compact or threshold
    program; or terminating or suspending any such compact or threshold
    program:  Provided further, That funds appropriated under this heading
    by this Act and prior Acts making appropriations for the Department of
    State, foreign operations, and related programs that are available to
    implement section 609(g) of the MCA shall be subject to the regular
    notification procedures of the Committees on Appropriations:  Provided
    further, That no country should be eligible for a threshold program
    after such country has completed a country compact:  Provided further,
    That any funds that are deobligated from a Millennium Challenge Compact
    shall be subject to the regular notification

    [[Page 851]]

    procedures of the Committees on Appropriations prior to re-obligation:
    Provided further, That notwithstanding section 606(a)(2) of the MCA, a
    country shall be a candidate country for purposes of eligibility for
    assistance for the fiscal year if the country has a per capita income
    equal to or below the World Bank's lower middle income country threshold
    for the fiscal year and is among the 75 lowest per capita income
    countries as identified by the World Bank; and the country meets the
    requirements of section 606(a)(1)(B) of the MCA:  Provided further, That
    notwithstanding section 606(b)(1) of the MCA, in addition to countries
    described in the preceding proviso, a country shall be a candidate
    country for purposes of eligibility for assistance for the fiscal year
    if the country has a per capita income equal to or below the World
    Bank's lower middle income country threshold for the fiscal year and is
    not among the 75 lowest per capita income countries as identified by the
    World Bank; and the country meets the requirements of section
    606(a)(1)(B) of the MCA:  Provided further, That any MCC candidate
    country under section 606 of the MCA with a per capita income that
    changes in the fiscal year such that the country would be reclassified
    from a low income country to a lower middle income country or from a
    lower middle income country to a low income country shall retain its
    candidacy status in its former income classification for the fiscal year
    and the 2 subsequent fiscal years:  Provided further, That publication
    in the Federal Register of a notice of availability of a copy of a
    Compact on the MCC Web site shall be deemed to satisfy the requirements
    of section 610(b)(2) of the MCA for such Compact:  Provided further,
    That none of the funds made available by this Act or prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs shall be available for a threshold program in a country
    that is not currently a candidate country:  Provided further, That of
    the funds appropriated under this heading, not to exceed $100,000 may be
    available for representation and entertainment expenses, of which not to
    exceed $5,000 may be available for entertainment expenses.

    inter-american foundation

    For necessary expenses to carry out the functions of the Inter-
    American Foundation in accordance with the provisions of section 401 of
    the Foreign Assistance Act of 1969, $22,500,000, to remain available
    until September 30, 2019:  Provided, That of the funds appropriated
    under this heading, not to exceed $2,000 may be available for
    representation expenses.

    united states african development foundation

    For necessary expenses to carry out the African Development
    Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
    $30,000,000, to remain available until September 30, 2019, of which not
    to exceed $2,000 may be available for representation expenses:
    Provided, That funds made available to grantees may be invested pending
    expenditure for project purposes when authorized by the Board of
    Directors of the United States African Development Foundation (USADF):
    Provided further, That interest earned shall be used only for the
    purposes for which the grant was made:  Provided further, That
    notwithstanding section 505(a)(2) of the African Development Foundation
    Act (22 U.S.C. 290h-3(a)(2)), in

    [[Page 852]]

    exceptional circumstances the Board of Directors of the USADF may waive
    the $250,000 limitation contained in that section with respect to a
    project and a project may exceed the limitation by up to 10 percent if
    the increase is due solely to foreign currency fluctuation:  Provided
    further, That the USADF shall submit a report to the appropriate
    congressional committees after each time such waiver authority is
    exercised:  Provided further, That the USADF may make rent or lease
    payments in advance from appropriations available for such purpose for
    offices, buildings, grounds, and quarters in Africa as may be necessary
    to carry out its functions:  Provided further, That the USADF may
    maintain bank accounts outside the United States Treasury and retain any
    interest earned on such accounts, in furtherance of the purposes of the
    African Development Foundation Act:  Provided further, That the USADF
    may not withdraw any appropriation from the Treasury prior to the need
    of spending such funds for program purposes.

    Department of the Treasury

    international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 of
    the Foreign Assistance Act of 1961, $30,000,000, to remain available
    until September 30, 2020:  Provided, That amounts made available under
    this heading may be made available to contract for services as described
    in section 129(d)(3)(A) of the Foreign Assistance Act of 1961, without
    regard to the location in which such services are performed.

    TITLE IV

    INTERNATIONAL SECURITY ASSISTANCE

    Department of State

    international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $950,845,000, to remain available until
    September 30, 2019:  Provided, That the Department of State may use the
    authority of section 608 of the Foreign Assistance Act of 1961, without
    regard to its restrictions, to receive excess property from an agency of
    the United States Government for the purpose of providing such property
    to a foreign country or international organization under chapter 8 of
    part I of such Act, subject to the regular notification procedures of
    the Committees on Appropriations:  Provided further, That section 482(b)
    of the Foreign Assistance Act of 1961 shall not apply to funds
    appropriated under this heading, except that any funds made available
    notwithstanding such section shall be subject to the regular
    notification procedures of the Committees on Appropriations:  Provided
    further, That funds appropriated under this heading shall be made
    available to support training and technical assistance for foreign law
    enforcement, corrections, and other judicial authorities, utilizing
    regional partners:  Provided further, That funds made available under
    this heading that are transferred to another department, agency, or
    instrumentality of the United States Government pursuant to section
    632(b) of the Foreign Assistance Act of 1961 valued in excess

    [[Page 853]]

    of $5,000,000, and any agreement made pursuant to section 632(a) of such
    Act, shall be subject to the regular notification procedures of the
    Committees on Appropriations.

    nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism,
    demining and related programs and activities, $655,467,000, to remain
    available until September 30, 2019, to carry out the provisions of
    chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
    terrorism assistance, chapter 9 of part II of the Foreign Assistance Act
    of 1961, section 504 of the FREEDOM Support Act, section 23 of the Arms
    Export Control Act, or the Foreign Assistance Act of 1961 for demining
    activities, the clearance of unexploded ordnance, the destruction of
    small arms, and related activities, notwithstanding any other provision
    of law, including activities implemented through nongovernmental and
    international organizations, and section 301 of the Foreign Assistance
    Act of 1961 for a United States contribution to the Comprehensive
    Nuclear Test Ban Treaty Preparatory Commission, and for a voluntary
    contribution to the International Atomic Energy Agency (IAEA):
    Provided, That the Secretary of State shall inform the appropriate
    congressional committees of information regarding any separate
    arrangements relating to the ``Road-map for the Clarification of Past
    and Present Outstanding Issues Regarding Iran's Nuclear Program''
    between the IAEA and the Islamic Republic of Iran, in classified form if
    necessary, if such information becomes known to the Department of State:
    Provided further, That funds made available under this heading for the
    Nonproliferation and Disarmament Fund shall be made available,
    notwithstanding any other provision of law and subject to prior
    consultation with, and the regular notification procedures of, the
    Committees on Appropriations, to promote bilateral and multilateral
    activities relating to nonproliferation, disarmament, and weapons
    destruction, and shall remain available until expended:  Provided
    further, That such funds may also be used for such countries other than
    the Independent States of the former Soviet Union and international
    organizations when it is in the national security interest of the United
    States to do so:  Provided further, That funds appropriated under this
    heading may be made available for the IAEA unless the Secretary of State
    determines that Israel is being denied its right to participate in the
    activities of that Agency:  Provided further, That funds made available
    for conventional weapons destruction programs, including demining and
    related activities, in addition to funds otherwise available for such
    purposes, may be used for administrative expenses related to the
    operation and management of such programs and activities, subject to the
    regular notification procedures of the Committees on Appropriations.

    peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 of
    the Foreign Assistance Act of 1961, $212,712,000:  Provided, That funds
    appropriated under this heading may be used, notwithstanding section 660
    of such Act, to provide assistance to enhance the capacity of foreign
    civilian security forces, including gendarmes, to participate in
    peacekeeping operations:  Provided further, That

    [[Page 854]]

    of the funds appropriated under this heading, not less than $31,000,000
    shall be made available for a United States contribution to the
    Multinational Force and Observers mission in the Sinai:  Provided
    further, That none of the funds appropriated under this heading shall be
    obligated except as provided through the regular notification procedures
    of the Committees on Appropriations.

    Funds Appropriated to the President

    international military education and training

    For necessary expenses to carry out the provisions of section 541 of
    the Foreign Assistance Act of 1961, $110,875,000, of which up to
    $11,000,000 may remain available until September 30, 2019:  Provided,
    That the civilian personnel for whom military education and training may
    be provided under this heading may include civilians who are not members
    of a government whose participation would contribute to improved civil-
    military relations, civilian control of the military, or respect for
    human rights:  Provided further, That of the funds appropriated under
    this heading, not to exceed $55,000 may be available for entertainment
    expenses.

    foreign military financing program

    For necessary expenses for grants to enable the President to carry
    out the provisions of section 23 of the Arms Export Control Act,
    $5,671,613,000:  Provided, That to expedite the provision of assistance
    to foreign countries and international organizations, the Secretary of
    State, following consultation with the Committees on Appropriations and
    subject to the regular notification procedures of such Committees, may
    use the funds appropriated under this heading to procure defense
    articles and services to enhance the capacity of foreign security
    forces:  Provided further, That of the funds appropriated under this
    heading, not less than $3,100,000,000 shall be available for grants only
    for Israel which shall be disbursed within 30 days of enactment of this
    Act:  Provided further, That to the extent that the Government of Israel
    requests that funds be used for such purposes, grants made available for
    Israel under this heading shall, as agreed by the United States and
    Israel, be available for advanced weapons systems, of which not less
    than $815,300,000 shall be available for the procurement in Israel of
    defense articles and defense services, including research and
    development:  Provided further, That funds appropriated or otherwise
    made available under this heading shall be nonrepayable notwithstanding
    any requirement in section 23 of the Arms Export Control Act:  Provided
    further, That funds made available under this heading shall be obligated
    upon apportionment in accordance with paragraph (5)(C) of section
    1501(a) of title 31, United States Code.
    None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurement has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurement may be financed with such funds:  Provided,
    That all country and funding level increases in allocations shall be
    submitted through the regular

    [[Page 855]]

    notification procedures of section 7015 of this Act:  Provided further,
    That funds made available under this heading may be used,
    notwithstanding any other provision of law, for demining, the clearance
    of unexploded ordnance, and related activities, and may include
    activities implemented through nongovernmental and international
    organizations:  Provided further, That only those countries for which
    assistance was justified for the ``Foreign Military Sales Financing
    Program'' in the fiscal year 1989 congressional presentation for
    security assistance programs may utilize funds made available under this
    heading for procurement of defense articles, defense services, or design
    and construction services that are not sold by the United States
    Government under the Arms Export Control Act:  Provided further, That
    funds appropriated under this heading shall be expended at the minimum
    rate necessary to make timely payment for defense articles and services:
    Provided further, That not more than $75,000,000 of the funds
    appropriated under this heading may be obligated for necessary expenses,
    including the purchase of passenger motor vehicles for replacement only
    for use outside of the United States, for the general costs of
    administering military assistance and sales, except that this limitation
    may be exceeded only through the regular notification procedures of the
    Committees on Appropriations:  Provided further, That of the funds made
    available under this heading for general costs of administering military
    assistance and sales, not to exceed $4,000 may be available for
    entertainment expenses and not to exceed $130,000 may be available for
    representation expenses:  Provided further, That not more than
    $950,000,000 of funds realized pursuant to section 21(e)(1)(A) of the
    Arms Export Control Act may be obligated for expenses incurred by the
    Department of Defense during fiscal year 2018 pursuant to section 43(b)
    of the Arms Export Control Act, except that this limitation may be
    exceeded only through the regular notification procedures of the
    Committees on Appropriations.

    TITLE V

    MULTILATERAL ASSISTANCE

    Funds Appropriated to the President

    international organizations and programs

    For necessary expenses to carry out the provisions of section 301 of
    the Foreign Assistance Act of 1961, and of section 2 of the United
    Nations Environment Program Participation Act of 1973 (Public Law 93-
    188; 87 Stat. 713), $339,000,000:  Provided, That section 307(a) of the
    Foreign Assistance Act of 1961 shall not apply to contributions to the
    United Nations Democracy Fund.

    International Financial Institutions

    global environment facility

    For payment to the International Bank for Reconstruction and
    Development as trustee for the Global Environment Facility by the
    Secretary of the Treasury, $139,575,000, to remain available until
    expended.

    [[Page 856]]

    contribution to the international development association

    For payment to the International Development Association by the
    Secretary of the Treasury, $1,097,010,000, to remain available until
    expended.

    contribution to the asian development fund

    For payment to the Asian Development Bank's Asian Development Fund
    by the Secretary of the Treasury, $47,395,000, to remain available until
    expended.

    contribution to the african development bank

    For payment to the African Development Bank by the Secretary of the
    Treasury for the United States share of the paid-in portion of the
    increase in capital stock, $32,418,000, to remain available until
    expended.

    limitation on callable capital subscriptions

    The United States Governor of the African Development Bank may
    subscribe without fiscal year limitation to the callable capital portion
    of the United States share of such capital stock in an amount not to
    exceed $507,860,808.

    contribution to the african development fund

    For payment to the African Development Fund by the Secretary of the
    Treasury, $171,300,000, to remain available until expended.

    contribution to the international fund for agricultural development

    For payment to the International Fund for Agricultural Development
    by the Secretary of the Treasury, $30,000,000, to remain available until
    expended.

    TITLE VI

    EXPORT AND INVESTMENT ASSISTANCE

    Export-Import Bank of the United States

    inspector general

    For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $5,700,000, of which up to $855,000 may remain available until
    September 30, 2019.

    program account

    The Export-Import Bank of the United States is authorized to make
    such expenditures within the limits of funds and borrowing authority
    available to such corporation, and in accordance with law, and to make
    such contracts and commitments without regard to fiscal year
    limitations, as provided by section 9104 of title 31,

    [[Page 857]]

    United States Code, as may be necessary in carrying out the program for
    the current fiscal year for such corporation:  Provided, That none of
    the funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of the enactment of this Act.

    administrative expenses

    For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs, including hire of passenger motor vehicles
    and services as authorized by section 3109 of title 5, United States
    Code, and not to exceed $30,000 for official reception and
    representation expenses for members of the Board of Directors, not to
    exceed $110,000,000, of which up to $16,500,000 may remain available
    until September 30, 2019:  Provided, That the Export-Import Bank (the
    Bank) may accept, and use, payment or services provided by transaction
    participants for legal, financial, or technical services in connection
    with any transaction for which an application for a loan, guarantee or
    insurance commitment has been made:  Provided further, That the Bank
    shall charge fees for necessary expenses (including special services
    performed on a contract or fee basis, but not including other personal
    services) in connection with the collection of moneys owed the Bank,
    repossession or sale of pledged collateral or other assets acquired by
    the Bank in satisfaction of moneys owed the Bank, or the investigation
    or appraisal of any property, or the evaluation of the legal, financial,
    or technical aspects of any transaction for which an application for a
    loan, guarantee or insurance commitment has been made, or systems
    infrastructure directly supporting transactions:  Provided further, That
    in addition to other funds appropriated for administrative expenses,
    such fees shall be credited to this account for such purposes, to remain
    available until expended.

    receipts collected

    Receipts collected pursuant to the Export-Import Bank Act of 1945
    (Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
    amount not to exceed the amount appropriated herein, shall be credited
    as offsetting collections to this account:  Provided, That the sums
    herein appropriated from the General Fund shall be reduced on a dollar-
    for-dollar basis by such offsetting collections so as to result in a
    final fiscal year appropriation from the General Fund estimated at $0:
    Provided further, That amounts collected in fiscal year 2018 in excess
    of obligations, up to $10,000,000 shall become available on September 1,
    2018, and shall remain available until September 30, 2021.

    Overseas Private Investment Corporation

    noncredit account

    The Overseas Private Investment Corporation is authorized to make,
    without regard to fiscal year limitations, as provided

    [[Page 858]]

    by section 9104 of title 31, United States Code, such expenditures and
    commitments within the limits of funds available to it and in accordance
    with law as may be necessary:  Provided, That the amount available for
    administrative expenses to carry out the credit and insurance programs
    (including an amount for official reception and representation expenses
    which shall not exceed $35,000) shall not exceed $79,200,000:  Provided
    further, That project-specific transaction costs, including direct and
    indirect costs incurred in claims settlements, and other direct costs
    associated with services provided to specific investors or potential
    investors pursuant to section 234 of the Foreign Assistance Act of 1961,
    shall not be considered administrative expenses for the purposes of this
    heading.

    program account

    For the cost of direct and guaranteed loans as authorized by section
    234 of the Foreign Assistance Act of 1961, $20,000,000, to be derived by
    transfer from the Overseas Private Investment Corporation Noncredit
    Account, to remain available until September 30, 2020:  Provided, That
    such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That funds so obligated in fiscal year 2018 remain
    available for disbursement through 2026; funds obligated in fiscal year
    2019 remain available for disbursement through 2027; and funds obligated
    in fiscal year 2020 remain available for disbursement through 2028:
    Provided further, That notwithstanding any other provision of law, the
    Overseas Private Investment Corporation is authorized to undertake any
    program authorized by title IV of chapter 2 of part I of the Foreign
    Assistance Act of 1961 in Iraq:  Provided further, That funds made
    available pursuant to the authority of the previous proviso shall be
    subject to the regular notification procedures of the Committees on
    Appropriations.
    In addition, such sums as may be necessary for administrative
    expenses to carry out the credit program may be derived from amounts
    available for administrative expenses to carry out the credit and
    insurance programs in the Overseas Private Investment Corporation
    Noncredit Account and merged with said account.

    trade and development agency

    For necessary expenses to carry out the provisions of section 661 of
    the Foreign Assistance Act of 1961, $79,500,000, to remain available
    until September 30, 2019:  Provided, That of the funds appropriated
    under this heading, not more than $5,000 may be available for
    representation and entertainment expenses.

    TITLE VII

    GENERAL PROVISIONS

    allowances and differentials

    Sec. 7001.  Funds appropriated under title I of this Act shall be
    available, except as otherwise provided, for allowances and
    differentials as authorized by subchapter 59 of title 5, United States
    Code; for services as authorized by section 3109 of such title and

    [[Page 859]]

    for hire of passenger transportation pursuant to section 1343(b) of
    title 31, United States Code.

    unobligated balances report

    Sec. 7002.  Any department or agency of the United States Government
    to which funds are appropriated or otherwise made available by this Act
    shall provide to the Committees on Appropriations a quarterly accounting
    of cumulative unobligated balances and obligated, but unexpended,
    balances by program, project, and activity, and Treasury Account Fund
    Symbol of all funds received by such department or agency in fiscal year
    2018 or any previous fiscal year, disaggregated by fiscal year:
    Provided, That the report required by this section shall be submitted
    not later than 30 days after the end of each fiscal quarter and should
    specify by account the amount of funds obligated pursuant to bilateral
    agreements which have not been further sub-obligated.

    consulting services

    Sec. 7003.  The expenditure of any appropriation under title I of
    this Act for any consulting service through procurement contract,
    pursuant to section 3109 of title 5, United States Code, shall be
    limited to those contracts where such expenditures are a matter of
    public record and available for public inspection, except where
    otherwise provided under existing law, or under existing Executive Order
    issued pursuant to existing law.

    diplomatic facilities

    Sec. 7004. (a) Capital Security Cost Sharing Information.--The
    Secretary of State shall promptly inform the Committees on
    Appropriations of each instance in which a Federal department or agency
    is delinquent in providing the full amount of funding required by
    section 604(e) of the Secure Embassy Construction and Counterterrorism
    Act of 1999 (22 U.S.C. 4865 note).
    (b) Exception.--Notwithstanding paragraph (2) of section 604(e) of
    the Secure Embassy Construction and Counterterrorism Act of 1999 (title
    VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7)
    of Public Law 106-113 and contained in appendix G of that Act), as
    amended by section 111 of the Department of State Authorities Act,
    Fiscal Year 2017 (Public Law 114-323), a project to construct a facility
    of the United States may include office space or other accommodations
    for members of the United States Marine Corps.
    (c) New Diplomatic Facilities.--For the purposes of calculating the
    fiscal year 2018 costs of providing new United States diplomatic
    facilities in accordance with section 604(e) of the Secure Embassy
    Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the
    Secretary of State, in consultation with the Director of the Office of
    Management and Budget, shall determine the annual program level and
    agency shares in a manner that is proportional to the contribution of
    the Department of State for this purpose:  Provided, That funds
    appropriated by this Act that are made available for departments and
    agencies of the United States Government shall be made available for the
    Capital Security Cost Sharing Program and the Maintenance Cost Sharing
    Program at levels not less than the prior fiscal year.

    [[Page 860]]

    (d) Consultation and Notification.--Funds appropriated by this Act
    and prior Acts making appropriations for the Department of State,
    foreign operations, and related programs, which may be made available
    for the acquisition of property or award of construction contracts for
    overseas United States diplomatic facilities during fiscal year 2018,
    shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations:  Provided,
    That notifications pursuant to this subsection shall include the
    information enumerated under the heading ``Embassy Security,
    Construction, and Maintenance'' in House Report 115-253 and Senate
    Report 114-290:  Provided further, That any such notification for a new
    diplomatic facility justified to the Committees on Appropriations in the
    Congressional Budget Justification, Department of State, Foreign
    Operations, and Related Programs, Fiscal Year 2018, or not previously
    justified to such Committees, shall also include confirmation that the
    Department of State has completed the requisite value engineering
    studies required pursuant to OMB Circular A-131, Value Engineering
    December 31, 2013 and the Bureau of Overseas Building Operations Policy
    and Procedure Directive, P&PD, Cost 02: Value Engineering.
    (e) Interim and Temporary Facilities Abroad.--
    (1) Security vulnerabilities.--Funds appropriated by this
    Act under the heading ``Embassy Security, Construction, and
    Maintenance'' may be made available, following consultation with
    the appropriate congressional committees, to address security
    vulnerabilities at interim and temporary United States
    diplomatic facilities abroad, including physical security
    upgrades and local guard staffing, except that the amount of
    funds made available for such purposes from this Act and prior
    Acts making appropriations for the Department of State, foreign
    operations, and related programs shall be a minimum of
    $25,000,000.
    (2) Consultation.--Notwithstanding any other provision of
    law, the opening, closure, or any significant modification to an
    interim or temporary United States diplomatic facility shall be
    subject to prior consultation with the appropriate congressional
    committees and the regular notification procedures of the
    Committees on Appropriations, except that such consultation and
    notification may be waived if there is a security risk to
    personnel.

    (f) Transfer of Funds Authority.--Funds appropriated under the
    heading ``Diplomatic and Consular Programs'', including for Worldwide
    Security Protection, and under the heading ``Embassy Security,
    Construction, and Maintenance'' in this Act may be transferred to, and
    merged with, funds appropriated under such headings if the Secretary of
    State determines and reports to the Committees on Appropriations that to
    do so is necessary to implement the recommendations of the Benghazi
    Accountability Review Board, or to prevent or respond to security
    situations and requirements, following consultation with, and subject to
    the regular notification procedures of, such Committees:  Provided, That
    such transfer authority is in addition to any transfer authority
    otherwise available under any other provision of law.
    (g) Soft Targets.--Funds appropriated by this Act under the heading
    ``Embassy Security, Construction, and Maintenance'' may be made
    available for security upgrades to soft targets, including schools,
    recreational facilities, and residences used by United States

    [[Page 861]]

    diplomatic personnel and their dependents, except that the amount made
    available for such purposes shall be a minimum of $10,000,000.
    (h) Secure Resupply and Maintenance.--The Secretary of State may not
    grant final approval for the construction of a new facility or
    substantial construction to improve or expand an existing facility in
    the United States by or for the Government of the People's Republic of
    China until the Secretary certifies and reports to the appropriate
    congressional committees that an agreement has been concluded between
    the Governments of the United States and the People's Republic of China
    that permits secure resupply, maintenance, and new construction of
    United States Government facilities in the People's Republic of China.
    (i) New Embassy Compound Kinshasa.--Of the funds appropriated by
    this Act under the heading ``Peacekeeping Operations'' that are made
    available for the central Government of the Democratic Republic of the
    Congo, 25 percent shall be withheld from obligation until the Secretary
    of State certifies and reports to the Committees on Appropriations that
    such Government has fully vacated the property purchased by the United
    States in Kinshasa for the construction of a New Embassy Compound.
    (j) Reports.--
    (1) None of the funds appropriated under the heading
    ``Embassy Security, Construction, and Maintenance'' in this Act
    and prior Acts making appropriations for the Department of
    State, foreign operations, and related programs, made available
    through Federal agency Capital Security Cost Sharing
    contributions and reimbursements, or generated from the proceeds
    of real property sales, other than from real property sales
    located in London, United Kingdom, may be made available for
    site acquisition and mitigation, planning, design, or
    construction of the New London Embassy:  Provided, That the
    reporting requirement contained in section 7004(f)(2) of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2012 (division I of Public Law 112-74) shall
    remain in effect during fiscal year 2018.
    (2) Within 45 days of enactment of this Act and every 4
    months thereafter until September 30, 2019, the Secretary of
    State shall submit to the Committees on Appropriations a report
    on the new Mexico City Embassy, New Delhi Embassy, and Beirut
    Embassy projects:  Provided, That such report shall include, for
    each of the projects--
    (A) a detailed breakout of the project factors that
    formed the basis of the initial cost estimate used to
    justify such project to the Committees on
    Appropriations, as described under the heading ``Embassy
    Security, Construction, and Maintenance'' in House
    Report 115-253;
    (B) a comparison of the current project factors as
    compared to the project factors submitted pursuant to
    subparagraph (A) of this subsection, and an explanation
    of any changes; and
    (C) the impact of currency exchange rate
    fluctuations on project costs.

    [[Page 862]]

    personnel actions

    Sec. 7005.  Any costs incurred by a department or agency funded
    under title I of this Act resulting from personnel actions taken in
    response to funding reductions included in this Act shall be absorbed
    within the total budgetary resources available under title I to such
    department or agency:  Provided, That the authority to transfer funds
    between appropriations accounts as may be necessary to carry out this
    section is provided in addition to authorities included elsewhere in
    this Act:  Provided further, That use of funds to carry out this section
    shall be treated as a reprogramming of funds under section 7015 of this
    Act.

    department of state management

    Sec. 7006. (a) Financial Systems Improvement.--Funds appropriated by
    this Act for the operations of the Department of State under the
    headings ``Diplomatic and Consular Programs'' and ``Capital Investment
    Fund'' shall be made available to implement the recommendations
    contained in the Foreign Assistance Data Review Findings Report (FADR)
    and the Office of Inspector General (OIG) report entitled ``Department
    Financial Systems Are Insufficient to Track and Report on Foreign
    Assistance Funds'':  Provided, That not later than 45 days after
    enactment of this Act, the Secretary of State shall submit to the
    Committees on Appropriations an update to the plan required under
    section 7006 of the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2017 (division J of Public Law 115-31) for
    implementing the FADR and OIG recommendations:  Provided further, That
    such funds may not be obligated for enhancements to, or expansions of,
    the Budget System Modernization Financial System, Central Resource
    Management System, Joint Financial Management System, or Foreign
    Assistance Coordination and Tracking System until such updated plan is
    submitted to the Committees on Appropriations:  Provided further, That
    such funds may not be obligated for new, or expansion of existing, ad
    hoc electronic systems to track commitments, obligations, or
    expenditures of funds unless the Secretary of State, following
    consultation with the Chief Information Officer of the Department of
    State, has reviewed and certified that such new system or expansion is
    consistent with the FADR and OIG recommendations.
    (b) Working Capital Fund.--Funds appropriated by this Act or
    otherwise made available to the Department of State for payments to the
    Working Capital Fund may only be used for the service centers included
    in the Congressional Budget Justification, Department of State, Foreign
    Operations, and Related Programs, Fiscal Year 2018:  Provided, That the
    amounts for such service centers shall be the amounts included in such
    budget justification, except as provided in section 7015(b) of this Act:
    Provided further, That Federal agency components shall be charged only
    for their direct usage of each Working Capital Fund service:  Provided
    further, That prior to increasing the percentage charged to Department
    of State bureaus and offices for procurement-related activities, the
    Secretary of State shall include the proposed increase in the Department
    of State budget justification or, at least 60 days prior to the
    increase, provide the Committees on Appropriations a justification for
    such increase, including a detailed assessment of the cost

    [[Page 863]]

    and benefit of the services provided by the procurement fee:  Provided
    further, That Federal agency components may only pay for Working Capital
    Fund services that are consistent with the purpose and authorities of
    such components:  Provided further, That the Working Capital Fund shall
    be paid in advance or reimbursed at rates which will return the full
    cost of each service.
    (c) Certification.--
    (1) Not later than 45 days after the initial obligation of
    funds appropriated under titles III and IV of this Act that are
    made available to a Department of State bureau or office with
    responsibility for the management and oversight of such funds,
    the Secretary of State shall certify and report to the
    Committees on Appropriations, on an individual bureau or office
    basis, that such bureau or office is in compliance with
    Department and Federal financial and grants management policies,
    procedures, and regulations, as applicable.
    (2) When making a certification required by paragraph (1),
    the Secretary of State shall consider the capacity of a bureau
    or office to--
    (A) account for the obligated funds at the country
    and program level, as appropriate;
    (B) identify risks and develop mitigation and
    monitoring plans;
    (C) establish performance measures and indicators;
    (D) review activities and performance; and
    (E) assess final results and reconcile finances.
    (3) If the Secretary of State is unable to make a
    certification required by paragraph (1), the Secretary shall
    submit a plan and timeline detailing the steps to be taken to
    bring such bureau or office into compliance.
    (4) The report accompanying a certification required by
    paragraph (1) shall include the requirements contained under
    this section in the explanatory statement described in section 4
    (in the matter preceding division A of this consolidated Act).

    (d) Report on Sole Source Awards.--Not later than December 31, 2018,
    the Secretary of State shall submit a report to the appropriate
    congressional committees detailing all sole-source awards made by the
    Department of State during the previous fiscal year in excess of
    $2,000,000:  Provided, That such report should be posted on the
    Department of State Web site.

    prohibition against direct funding for certain countries

    Sec. 7007.  None of the funds appropriated or otherwise made
    available pursuant to titles III through VI of this Act shall be
    obligated or expended to finance directly any assistance or reparations
    for the governments of Cuba, North Korea, Iran, or Syria:  Provided,
    That for purposes of this section, the prohibition on obligations or
    expenditures shall include direct loans, credits, insurance, and
    guarantees of the Export-Import Bank or its agents.

    coups d'etat

    Sec. 7008.  None of the funds appropriated or otherwise made
    available pursuant to titles III through VI of this Act shall be
    obligated or expended to finance directly any assistance to the
    government of any country whose duly elected head of government is
    deposed by military coup d'etat or decree or, after the date

    [[Page 864]]

    of enactment of this Act, a coup d'etat or decree in which the military
    plays a decisive role:  Provided, That assistance may be resumed to such
    government if the Secretary of State certifies and reports to the
    appropriate congressional committees that subsequent to the termination
    of assistance a democratically elected government has taken office:
    Provided further, That the provisions of this section shall not apply to
    assistance to promote democratic elections or public participation in
    democratic processes:  Provided further, That funds made available
    pursuant to the previous provisos shall be subject to the regular
    notification procedures of the Committees on Appropriations.

    transfer of funds authority

    Sec. 7009. (a) Department of State and Broadcasting Board of
    Governors.--
    (1) Department of state.--Not to exceed 5 percent of any
    appropriation made available for the current fiscal year for the
    Department of State under title I of this Act may be transferred
    between, and merged with, such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall
    be increased by more than 10 percent by any such transfers, and
    no such transfer may be made to increase the appropriation under
    the heading ``Representation Expenses''.
    (2) Broadcasting board of governors.--Not to exceed 5
    percent of any appropriation made available for the current
    fiscal year for the Broadcasting Board of Governors under title
    I of this Act may be transferred between, and merged with, such
    appropriations, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 10
    percent by any such transfers.
    (3) Treatment as reprogramming.--Any transfer pursuant to
    this subsection shall be treated as a reprogramming of funds
    under section 7015 of this Act and shall not be available for
    obligation or expenditure except in compliance with the
    procedures set forth in that section.

    (b) Title VI Agencies.--Not to exceed 5 percent of any
    appropriation, other than for administrative expenses made available for
    fiscal year 2018, for programs under title VI of this Act may be
    transferred between such appropriations for use for any of the purposes,
    programs, and activities for which the funds in such receiving account
    may be used, but no such appropriation, except as otherwise specifically
    provided, shall be increased by more than 25 percent by any such
    transfer:  Provided, That the exercise of such authority shall be
    subject to the regular notification procedures of the Committees on
    Appropriations.
    (c) Limitation on Transfers of Funds Between Agencies.--
    (1) In general.--None of the funds made available under
    titles II through V of this Act may be transferred to any
    department, agency, or instrumentality of the United States
    Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
    (2) Allocation and transfers.--Notwithstanding paragraph
    (1), in addition to transfers made by, or authorized elsewhere
    in, this Act, funds appropriated by this Act to carry

    [[Page 865]]

    out the purposes of the Foreign Assistance Act of 1961 may be
    allocated or transferred to agencies of the United States
    Government pursuant to the provisions of sections 109, 610, and
    632 of the Foreign Assistance Act of 1961.
    (3) Notification.--Any agreement entered into by the United
    States Agency for International Development or the Department of
    State with any department, agency, or instrumentality of the
    United States Government pursuant to section 632(b) of the
    Foreign Assistance Act of 1961 valued in excess of $1,000,000
    and any agreement made pursuant to section 632(a) of such Act,
    with funds appropriated by this Act or prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs under the headings ``Global Health
    Programs'', ``Development Assistance'', ``Economic Support
    Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
    shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided, That the requirement in
    the previous sentence shall not apply to agreements entered into
    between USAID and the Department of State.

    (d) Transfer of Funds Between Accounts.--None of the funds made
    available under titles II through V of this Act may be obligated under
    an appropriations account to which such funds were not appropriated,
    except for transfers specifically provided for in this Act, unless the
    President, not less than 5 days prior to the exercise of any authority
    contained in the Foreign Assistance Act of 1961 to transfer funds,
    consults with and provides a written policy justification to the
    Committees on Appropriations.
    (e) Audit of Inter-agency Transfers of Funds.--Any agreement for the
    transfer or allocation of funds appropriated by this Act or prior Acts
    making appropriations for the Department of State, foreign operations
    and related programs, entered into between the Department of State or
    USAID and another agency of the United States Government under the
    authority of section 632(a) of the Foreign Assistance Act of 1961 or any
    comparable provision of law, shall expressly provide that the Inspector
    General (IG) for the agency receiving the transfer or allocation of such
    funds, or other entity with audit responsibility if the receiving agency
    does not have an IG, shall perform periodic program and financial audits
    of the use of such funds and report to the Department of State or USAID,
    as appropriate, upon completion of such audits:  Provided, That such
    audits shall be transmitted to the Committees on Appropriations by the
    Department of State or USAID, as appropriate:  Provided further, That
    funds transferred under such authority may be made available for the
    cost of such audits.
    (f) Report.--Not later than 90 days after enactment of this Act, the
    Secretary of State and the USAID Administrator shall each submit a
    report to the Committees on Appropriations detailing all transfers to
    another agency of the United States Government made pursuant to sections
    632(a) and 632(b) of the Foreign Assistance Act of 1961 with funds
    provided in the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2017 (division J of Public Law 115-31) as
    of the date of enactment of this Act:  Provided, That such reports shall
    include a list of each transfer made pursuant to such sections with the
    respective funding level, appropriation account, and the receiving
    agency.

    [[Page 866]]

    prohibition on certain operational expenses

    Sec. 7010. (a) First-Class Travel.--None of the funds made available
    by this Act may be used for first-class travel by employees of United
    States Government departments and agencies funded by this Act in
    contravention of section 301-10.122 through 301-10.124 of title 41, Code
    of Federal Regulations.
    (b) Computer Networks.--None of the funds made available by this Act
    for the operating expenses of any United States Government department or
    agency may be used to establish or maintain a computer network for use
    by such department or agency unless such network has filters designed to
    block access to sexually explicit Web sites:  Provided, That nothing in
    this subsection shall limit the use of funds necessary for any Federal,
    State, tribal, or local law enforcement agency, or any other entity
    carrying out the following activities: criminal investigations,
    prosecutions, and adjudications; administrative discipline; and the
    monitoring of such Web sites undertaken as part of official business.
    (c) Prohibition on Promotion of Tobacco.--None of the funds made
    available by this Act should be available to promote the sale or export
    of tobacco or tobacco products, or to seek the reduction or removal by
    any foreign country of restrictions on the marketing of tobacco or
    tobacco products, except for restrictions which are not applied equally
    to all tobacco or tobacco products of the same type.

    availability of funds

    Sec. 7011.  No part of any appropriation contained in this Act shall
    remain available for obligation after the expiration of the current
    fiscal year unless expressly so provided by this Act:  Provided, That
    funds appropriated for the purposes of chapters 1 and 8 of part I,
    section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign
    Assistance Act of 1961, section 23 of the Arms Export Control Act, and
    funds provided under the headings ``Development Credit Authority'' and
    ``Assistance for Europe, Eurasia and Central Asia'' shall remain
    available for an additional 4 years from the date on which the
    availability of such funds would otherwise have expired, if such funds
    are initially obligated before the expiration of their respective
    periods of availability contained in this Act:  Provided further, That
    the availability of funds pursuant to the previous proviso shall not be
    applicable to such funds until the Secretary of State submits the report
    required under section 7011 of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2016 (division K of
    Public Law 114-113):  Provided further, That notwithstanding any other
    provision of this Act, any funds made available for the purposes of
    chapter 1 of part I and chapter 4 of part II of the Foreign Assistance
    Act of 1961 which are allocated or obligated for cash disbursements in
    order to address balance of payments or economic policy reform
    objectives, shall remain available for an additional 4 years from the
    date on which the availability of such funds would otherwise have
    expired, if such funds are initially allocated or obligated before the
    expiration of their respective periods of availability contained in this
    Act:  Provided further, That the Secretary of State shall provide a
    report to the Committees on Appropriations not later than October 30,
    2018, detailing by account

    [[Page 867]]

    and source year, the use of this authority during the previous fiscal
    year.

    limitation on assistance to countries in default

    Sec. 7012.  No part of any appropriation provided under titles III
    through VI in this Act shall be used to furnish assistance to the
    government of any country which is in default during a period in excess
    of 1 calendar year in payment to the United States of principal or
    interest on any loan made to the government of such country by the
    United States pursuant to a program for which funds are appropriated
    under this Act unless the President determines, following consultation
    with the Committees on Appropriations, that assistance for such country
    is in the national interest of the United States.

    prohibition on taxation of united states assistance

    Sec. 7013. (a) Prohibition on Taxation.--None of the funds
    appropriated under titles III through VI of this Act may be made
    available to provide assistance for a foreign country under a new
    bilateral agreement governing the terms and conditions under which such
    assistance is to be provided unless such agreement includes a provision
    stating that assistance provided by the United States shall be exempt
    from taxation, or reimbursed, by the foreign government, and the
    Secretary of State and the Administrator of the United States Agency for
    International Development shall expeditiously seek to negotiate
    amendments to existing bilateral agreements, as necessary, to conform
    with this requirement.
    (b) Notification and Reimbursement of Foreign Taxes.--An amount
    equivalent to 200 percent of the total taxes assessed during fiscal year
    2018 on funds appropriated by this Act and prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs by a foreign government or entity against United States
    assistance programs, either directly or through grantees, contractors,
    and subcontractors, shall be withheld from obligation from funds
    appropriated for assistance for fiscal year 2019 and for prior fiscal
    years and allocated for the central government of such country or for
    the West Bank and Gaza program, as applicable, if, not later than
    September 30, 2019, such taxes have not been reimbursed:  Provided, That
    the Secretary of State shall report to the Committees on Appropriations
    by such date on the foreign governments and entities that have not
    reimbursed such taxes, including any amount of funds withheld pursuant
    to this subsection.
    (c) De Minimis Exception.--Foreign taxes of a de minimis nature
    shall not be subject to the provisions of subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for each
    foreign government or entity pursuant to subsection (b) shall be
    reprogrammed for assistance for countries which do not assess taxes on
    United States assistance or which have an effective arrangement that is
    providing substantial reimbursement of such taxes, and that can
    reasonably accommodate such assistance in a programmatically responsible
    manner.
    (e) Determinations.--
    (1) In general.--The provisions of this section shall not
    apply to any foreign government or entity that assesses such

    [[Page 868]]

    taxes if the Secretary of State reports to the Committees on
    Appropriations that--
    (A) such foreign government or entity has an
    effective arrangement that is providing substantial
    reimbursement of such taxes; or
    (B) the foreign policy interests of the United
    States outweigh the purpose of this section to ensure
    that United States assistance is not subject to
    taxation.
    (2) Consultation.--The Secretary of State shall consult with
    the Committees on Appropriations at least 15 days prior to
    exercising the authority of this subsection with regard to any
    foreign government or entity.

    (f) Implementation.--The Secretary of State shall issue and update
    rules, regulations, or policy guidance, as appropriate, to implement the
    prohibition against the taxation of assistance contained in this
    section.
    (g) Definitions.--As used in this section:
    (1) Bilateral agreement.--The term ``bilateral agreement''
    refers to a framework bilateral agreement between the Government
    of the United States and the government of the country receiving
    assistance that describes the privileges and immunities
    applicable to United States foreign assistance for such country
    generally, or an individual agreement between the Government of
    the United States and such government that describes, among
    other things, the treatment for tax purposes that will be
    accorded the United States assistance provided under that
    agreement.
    (2) Taxes and taxation.--The term ``taxes and taxation''
    shall include value added taxes and customs duties but shall not
    include individual income taxes assessed to local staff.

    (h) Report.--Not later than 90 days after enactment of this Act, the
    Secretary of State, in consultation with the heads of other relevant
    agencies of the United States Government, shall submit a report to the
    Committees on Appropriations on the requirements contained under this
    section in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).

    reservations of funds

    Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
    through VI of this Act which are specifically designated may be
    reprogrammed for other programs within the same account notwithstanding
    the designation if compliance with the designation is made impossible by
    operation of any provision of this or any other Act:  Provided, That any
    such reprogramming shall be subject to the regular notification
    procedures of the Committees on Appropriations:  Provided further, That
    assistance that is reprogrammed pursuant to this subsection shall be
    made available under the same terms and conditions as originally
    provided.
    (b) Extension of Availability.--In addition to the authority
    contained in subsection (a), the original period of availability of
    funds appropriated by this Act and administered by the Department of
    State or the United States Agency for International Development that are
    specifically designated for particular programs or activities by this or
    any other Act may be extended for an additional fiscal year if the
    Secretary of State or the USAID Administrator, as

    [[Page 869]]

    appropriate, determines and reports promptly to the Committees on
    Appropriations that the termination of assistance to a country or a
    significant change in circumstances makes it unlikely that such
    designated funds can be obligated during the original period of
    availability:  Provided, That such designated funds that continue to be
    available for an additional fiscal year shall be obligated only for the
    purpose of such designation.
    (c) Other Acts.--Ceilings and specifically designated funding levels
    contained in this Act shall not be applicable to funds or authorities
    appropriated or otherwise made available by any subsequent Act unless
    such Act specifically so directs:  Provided, That specifically
    designated funding levels or minimum funding requirements contained in
    any other Act shall not be applicable to funds appropriated by this Act.

    notification requirements

    Sec. 7015. (a) Notification of Changes in Programs, Projects, and
    Activities.--None of the funds made available in titles I and II of this
    Act or prior Acts making appropriations for the Department of State,
    foreign operations, and related programs to the departments and agencies
    funded by this Act that remain available for obligation in fiscal year
    2018, or provided from any accounts in the Treasury of the United States
    derived by the collection of fees or of currency reflows or other
    offsetting collections, or made available by transfer, to the
    departments and agencies funded by this Act, shall be available for
    obligation to--
    (1) create new programs;
    (2) suspend or eliminate a program, project, or activity;
    (3) close, suspend, open, or reopen a mission or post;
    (4) create, close, reorganize, downsize, or rename bureaus,
    centers, or offices; or
    (5) contract out or privatize any functions or activities
    presently performed by Federal employees;

    unless previously justified to the Committees on Appropriations or such
    Committees are notified 15 days in advance of such obligation.
    (b) Notification of Reprogramming of Funds.--None of the funds
    provided under titles I and II of this Act or prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs, to the departments and agencies funded under titles I
    and II of this Act that remain available for obligation in fiscal year
    2018, or provided from any accounts in the Treasury of the United States
    derived by the collection of fees available to the department and agency
    funded under title I of this Act, shall be available for obligation or
    expenditure for activities, programs, or projects through a
    reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
    is less, that--
    (1) augments or changes existing programs, projects, or
    activities;
    (2) relocates an existing office or employees;
    (3) reduces by 10 percent funding for any existing program,
    project, or activity, or numbers of personnel by 10 percent as
    approved by Congress; or
    (4) results from any general savings, including savings from
    a reduction in personnel, which would result in a change

    [[Page 870]]

    in existing programs, activities, or projects as approved by
    Congress;

    unless the Committees on Appropriations are notified 15 days in advance
    of such reprogramming of funds.
    (c) Notification Requirement.--None of the funds made available by
    this Act under the headings ``Global Health Programs'', ``Development
    Assistance'', ``International Organizations and Programs'', ``Trade and
    Development Agency'', ``International Narcotics Control and Law
    Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
    ``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
    Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
    Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
    Financing Program'', ``International Military Education and Training'',
    and ``Peace Corps'', shall be available for obligation for activities,
    programs, projects, type of materiel assistance, countries, or other
    operations not justified or in excess of the amount justified to the
    Committees on Appropriations for obligation under any of these specific
    headings unless the Committees on Appropriations are notified 15 days in
    advance of such obligation:  Provided, That the President shall not
    enter into any commitment of funds appropriated for the purposes of
    section 23 of the Arms Export Control Act for the provision of major
    defense equipment, other than conventional ammunition, or other major
    defense items defined to be aircraft, ships, missiles, or combat
    vehicles, not previously justified to Congress or 20 percent in excess
    of the quantities justified to Congress unless the Committees on
    Appropriations are notified 15 days in advance of such commitment:
    Provided further, That requirements of this subsection or any similar
    provision of this or any other Act shall not apply to any reprogramming
    for an activity, program, or project for which funds are appropriated
    under titles III through VI of this Act of less than 10 percent of the
    amount previously justified to Congress for obligation for such
    activity, program, or project for the current fiscal year:  Provided
    further, That any notification submitted pursuant to subsection (f) of
    this section shall include information (if known on the date of
    transmittal of such notification) on the use of notwithstanding
    authority:  Provided further, That if subsequent to the notification of
    assistance it becomes necessary to rely on notwithstanding authority,
    the Committees on Appropriations should be informed at the earliest
    opportunity and to the extent practicable.
    (d) Department of Defense Programs and Funding Notifications.--
    (1) Programs.--None of the funds appropriated by this Act or
    prior Acts making appropriations for the Department of State,
    foreign operations, and related programs may be made available
    to support or continue any program initially funded under any
    authority of title 10, United States Code, or any Act making or
    authorizing appropriations for the Department of Defense, unless
    the Secretary of State, in consultation with the Secretary of
    Defense and in accordance with the regular notification
    procedures of the Committees on Appropriations, submits a
    justification to such Committees that includes a description of,
    and the estimated costs associated with, the support or
    continuation of such program.
    (2) Funding.--Notwithstanding any other provision of law,
    with the exception of funds transferred to, and merged with,

    [[Page 871]]

    funds appropriated under title I of this Act, funds transferred
    by the Department of Defense to the Department of State and the
    United States Agency for International Development for
    assistance for foreign countries and international organizations
    shall be subject to the regular notification procedures of the
    Committees on Appropriations.

    (e) Waiver.--The requirements of this section or any similar
    provision of this Act or any other Act, including any prior Act
    requiring notification in accordance with the regular notification
    procedures of the Committees on Appropriations, may be waived if failure
    to do so would pose a substantial risk to human health or welfare:
    Provided, That in case of any such waiver, notification to the
    Committees on Appropriations shall be provided as early as practicable,
    but in no event later than 3 days after taking the action to which such
    notification requirement was applicable, in the context of the
    circumstances necessitating such waiver:  Provided further, That any
    notification provided pursuant to such a waiver shall contain an
    explanation of the emergency circumstances.
    (f) Country Notification Requirements.--None of the funds
    appropriated under titles III through VI of this Act may be obligated or
    expended for assistance for Afghanistan, Bahrain, Bolivia, Burma,
    Cambodia, Colombia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia,
    Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico,
    Pakistan, Philippines, the Russian Federation, Somalia, South Sudan, Sri
    Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except
    as provided through the regular notification procedures of the
    Committees on Appropriations.
    (g) Trust Funds.--Funds appropriated or otherwise made available in
    title III of this Act and prior Acts making funds available for the
    Department of State, foreign operations, and related programs that are
    made available for a trust fund held by an international financial
    institution as defined by section 7034(r)(3) of this Act shall be
    subject to the regular notification procedures of the Committees on
    Appropriations:  Provided, That such notification shall include the
    information specified under this section in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act).
    (h) Other Program Notification Requirement.--
    (1) Diplomatic and consular programs.--Funds appropriated
    under title I of this Act under the heading ``Diplomatic and
    Consular Programs'' that are made available for a pilot program
    for lateral entry into the Foreign Service shall be subject to
    prior consultation with, and the regular notification procedures
    of, the Committees on Appropriations.
    (2) Other programs.--Funds appropriated by this Act that are
    made available for the following programs and activities shall
    be subject to the regular notification procedures of the
    Committees on Appropriations--
    (A) The Global Engagement Center, except that the
    Secretary of State shall consult with the appropriate
    congressional committees prior to submitting such
    notification;
    (B) The Power Africa initiative, or any successor
    program;
    (C) Community-based police assistance conducted
    pursuant to the authority of section 7049 of this Act;

    [[Page 872]]

    (D) Programs to counter foreign fighters and
    extremist organizations, pursuant to section 7073(a) of
    this Act;
    (E) The Relief and Recovery Fund;
    (F) The Global Security Contingency Fund; and
    (G) Programs to end modern slavery.

    (i) Withholding of Funds.--Funds appropriated by this Act under
    titles III and IV that are withheld from obligation or otherwise not
    programmed as a result of application of a provision of law in this or
    any other Act shall, if reprogrammed, be subject to the regular
    notification procedures of the Committees on Appropriations.
    (j) Requirement to Inform, Coordinate, and Consult.--
    (1) The Secretary of State shall promptly inform the
    appropriate congressional committees of each instance in which
    funds appropriated by this Act for assistance for Iraq, Libya,
    Somalia, and Syria, the Counterterrorism Partnership Fund, the
    Relief and Recovery Fund, and to counter extremism and foreign
    fighters abroad, have been diverted or destroyed, to include the
    type and amount of assistance, a description of the incident and
    parties involved, and an explanation of the response of the
    Department of State or USAID, as appropriate:  Provided, That
    the Secretary shall ensure such funds are coordinated with, and
    complement, the programs of other United States Government
    departments and agencies and international partners in such
    countries and on such activities.
    (2) The Secretary of State shall consult with the Committees
    on Appropriations at least seven days prior to informing a
    government of, or publically announcing a decision on, the
    suspension of assistance to a country or a territory from funds
    appropriated by this Act or prior Acts making appropriations for
    the Department of State, foreign operations, and related
    programs.

    notification on excess defense equipment

    Sec. 7016.  Prior to providing excess Department of Defense articles
    in accordance with section 516(a) of the Foreign Assistance Act of 1961,
    the Department of Defense shall notify the Committees on Appropriations
    to the same extent and under the same conditions as other committees
    pursuant to subsection (f) of that section:  Provided, That before
    issuing a letter of offer to sell excess defense articles under the Arms
    Export Control Act, the Department of Defense shall notify the
    Committees on Appropriations in accordance with the regular notification
    procedures of such Committees if such defense articles are significant
    military equipment (as defined in section 47(9) of the Arms Export
    Control Act) or are valued (in terms of original acquisition cost) at
    $7,000,000 or more, or if notification is required elsewhere in this Act
    for the use of appropriated funds for specific countries that would
    receive such excess defense articles:  Provided further, That such
    Committees shall also be informed of the original acquisition cost of
    such defense articles.

    limitation on availability of funds for international organizations and
    programs

    Sec. 7017.  Subject to the regular notification procedures of the
    Committees on Appropriations, funds appropriated under titles

    [[Page 873]]

    I and III through V of this Act, which are returned or not made
    available for organizations and programs because of the implementation
    of section 307(a) of the Foreign Assistance Act of 1961, shall remain
    available for obligation until September 30, 2019:  Provided, That the
    requirement to withhold funds for programs in Burma under section 307(a)
    of the Foreign Assistance Act of 1961 shall not apply to funds
    appropriated by this Act.

    prohibition on funding for abortions and involuntary sterilization

    Sec. 7018.  None of the funds made available to carry out part I of
    the Foreign Assistance Act of 1961, as amended, may be used to pay for
    the performance of abortions as a method of family planning or to
    motivate or coerce any person to practice abortions. None of the funds
    made available to carry out part I of the Foreign Assistance Act of
    1961, as amended, may be used to pay for the performance of involuntary
    sterilization as a method of family planning or to coerce or provide any
    financial incentive to any person to undergo sterilizations. None of the
    funds made available to carry out part I of the Foreign Assistance Act
    of 1961, as amended, may be used to pay for any biomedical research
    which relates in whole or in part, to methods of, or the performance of,
    abortions or involuntary sterilization as a means of family planning.
    None of the funds made available to carry out part I of the Foreign
    Assistance Act of 1961, as amended, may be obligated or expended for any
    country or organization if the President certifies that the use of these
    funds by any such country or organization would violate any of the above
    provisions related to abortions and involuntary sterilizations.

    allocations and reports

    Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
    appropriated by this Act under titles III through V shall be made
    available in the amounts specifically designated in the respective
    tables included in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act):  Provided,
    That such designated amounts for foreign countries and international
    organizations shall serve as the amounts for such countries and
    international organizations transmitted to Congress in the report
    required by section 653(a) of the Foreign Assistance Act of 1961.
    (b) Authorized Deviations.--Unless otherwise provided for by this
    Act, the Secretary of State and the Administrator of the United States
    Agency for International Development, as applicable, may only deviate up
    to 4 percent from the amounts specifically designated in the respective
    tables included in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act):  Provided,
    That such percentage may be exceeded only to respond to significant,
    exigent, or unforeseen events, or to address other exceptional
    circumstances directly related to the national interest:  Provided
    further, That deviations pursuant to the previous proviso shall be
    subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations.
    (c) Limitation.--For specifically designated amounts that are
    included, pursuant to subsection (a), in the report required by

    [[Page 874]]

    section 653(a) of the Foreign Assistance Act of 1961, no deviations
    authorized by subsection (b) may take place until submission of such
    report.
    (d) Exceptions.--
    (1) Subsections (a) and (b) shall not apply to--
    (A) amounts designated for ``International Military
    Education and Training'' in the respective tables
    included in the explanatory statement described in
    section 4 (in the matter preceding division A of this
    consolidated Act); and
    (B) funds for which the initial period of
    availability has expired.
    (2) The authority in subsection (b) to deviate below amounts
    designated in the respective tables included in the explanatory
    statement described in section 4 (in the matter preceding
    division A of this consolidated Act) shall not apply to the
    table included under the heading ``Global Health Programs'' in
    such explanatory statement.

    (e) Reports.--The Secretary of State and the USAID Administrator, as
    appropriate, shall submit the reports required, in the manner described,
    in House Report 115-253, Senate Report 115-152, and the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), unless directed otherwise in such explanatory
    statement.

    representation and entertainment expenses

    Sec. 7020. (a) Uses of Funds.--Each Federal department, agency, or
    entity funded in titles I or II of this Act, and the Department of the
    Treasury and independent agencies funded in titles III or VI of this
    Act, shall take steps to ensure that domestic and overseas
    representation and entertainment expenses further official agency
    business and United States foreign policy interests, and--
    (1) are primarily for fostering relations outside of the
    Executive Branch;
    (2) are principally for meals and events of a protocol
    nature;
    (3) are not for employee-only events; and
    (4) do not include activities that are substantially of a
    recreational character.

    (b) Limitations.--None of the funds appropriated or otherwise made
    available by this Act under the headings ``International Military
    Education and Training'' or ``Foreign Military Financing Program'' for
    Informational Program activities or under the headings ``Global Health
    Programs'', ``Development Assistance'', ``Economic Support Fund'', and
    ``Assistance for Europe, Eurasia and Central Asia'' may be obligated or
    expended to pay for--
    (1) alcoholic beverages; or
    (2) entertainment expenses for activities that are
    substantially of a recreational character, including entrance
    fees at sporting events, theatrical and musical productions, and
    amusement parks.

    prohibition on assistance to governments supporting international
    terrorism

    Sec. 7021. (a) Lethal Military Equipment Exports.--

    [[Page 875]]

    (1) Prohibition.--None of the funds appropriated or
    otherwise made available by titles III through VI of this Act
    may be made available to any foreign government which provides
    lethal military equipment to a country the government of which
    the Secretary of State has determined supports international
    terrorism for purposes of section 6(j) of the Export
    Administration Act of 1979 as continued in effect pursuant to
    the International Emergency Economic Powers Act:  Provided, That
    the prohibition under this section with respect to a foreign
    government shall terminate 12 months after that government
    ceases to provide such military equipment:  Provided further,
    That this section applies with respect to lethal military
    equipment provided under a contract entered into after October
    1, 1997.
    (2) Determination.--Assistance restricted by paragraph (1)
    or any other similar provision of law, may be furnished if the
    President determines that to do so is important to the national
    interest of the United States.
    (3) Report.--Whenever the President makes a determination
    pursuant to paragraph (2), the President shall submit to the
    Committees on Appropriations a report with respect to the
    furnishing of such assistance, including a detailed explanation
    of the assistance to be provided, the estimated dollar amount of
    such assistance, and an explanation of how the assistance
    furthers United States national interest.

    (b) Bilateral Assistance.--
    (1) Limitations.--Funds appropriated for bilateral
    assistance in titles III through VI of this Act and funds
    appropriated under any such title in prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs, shall not be made available to any foreign
    government which the President determines--
    (A) grants sanctuary from prosecution to any
    individual or group which has committed an act of
    international terrorism;
    (B) otherwise supports international terrorism; or
    (C) is controlled by an organization designated as a
    terrorist organization under section 219 of the
    Immigration and Nationality Act (8 U.S.C. 1189).
    (2) Waiver.--The President may waive the application of
    paragraph (1) to a government if the President determines that
    national security or humanitarian reasons justify such waiver:
    Provided, That the President shall publish each such waiver in
    the Federal Register and, at least 15 days before the waiver
    takes effect, shall notify the Committees on Appropriations of
    the waiver (including the justification for the waiver) in
    accordance with the regular notification procedures of the
    Committees on Appropriations.

    authorization requirements

    Sec. 7022.  Funds appropriated by this Act, except funds
    appropriated under the heading ``Trade and Development Agency'', may be
    obligated and expended notwithstanding section 10 of Public Law 91-672
    (22 U.S.C. 2412), section 15 of the State Department Basic Authorities
    Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and

    [[Page 876]]

    1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security
    Act of 1947 (50 U.S.C. 3094(a)(1)).

    definition of program, project, and activity

    Sec. 7023.  For the purpose of titles II through VI of this Act
    ``program, project, and activity'' shall be defined at the
    appropriations Act account level and shall include all appropriations
    and authorizations Acts funding directives, ceilings, and limitations
    with the exception that for the following accounts: ``Economic Support
    Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
    ``Foreign Military Financing Program'', ``program, project, and
    activity'' shall also be considered to include country, regional, and
    central program level funding within each such account; and for the
    development assistance accounts of the United States Agency for
    International Development, ``program, project, and activity'' shall also
    be considered to include central, country, regional, and program level
    funding, either as--
    (1) justified to Congress; or
    (2) allocated by the Executive Branch in accordance with a
    report, to be provided to the Committees on Appropriations
    within 30 days after the enactment of this Act, as required by
    section 653(a) of the Foreign Assistance Act of 1961 or as
    modified pursuant to section 7019 of this Act.

    authorities for the peace corps, inter-american foundation and united
    states african development foundation

    Sec. 7024.  Unless expressly provided to the contrary, provisions of
    this or any other Act, including provisions contained in prior Acts
    authorizing or making appropriations for the Department of State,
    foreign operations, and related programs, shall not be construed to
    prohibit activities authorized by or conducted under the Peace Corps
    Act, the Inter-American Foundation Act or the African Development
    Foundation Act:  Provided, That prior to conducting activities in a
    country for which assistance is prohibited, the agency shall consult
    with the Committees on Appropriations and report to such Committees
    within 15 days of taking such action.

    commerce, trade and surplus commodities

    Sec. 7025. (a) World Markets.--None of the funds appropriated or
    made available pursuant to titles III through VI of this Act for direct
    assistance and none of the funds otherwise made available to the Export-
    Import Bank and the Overseas Private Investment Corporation shall be
    obligated or expended to finance any loan, any assistance, or any other
    financial commitments for establishing or expanding production of any
    commodity for export by any country other than the United States, if the
    commodity is likely to be in surplus on world markets at the time the
    resulting productive capacity is expected to become operative and if the
    assistance will cause substantial injury to United States producers of
    the same, similar, or competing commodity:  Provided, That such
    prohibition shall not apply to the Export-Import Bank if in the judgment
    of its Board of Directors the benefits to industry and employment in the
    United States are likely to outweigh the injury to United States
    producers of the same, similar, or competing

    [[Page 877]]

    commodity, and the Chairman of the Board so notifies the Committees on
    Appropriations:  Provided further, That this subsection shall not
    prohibit--
    (1) activities in a country that is eligible for assistance
    from the International Development Association, is not eligible
    for assistance from the International Bank for Reconstruction
    and Development, and does not export on a consistent basis the
    agricultural commodity with respect to which assistance is
    furnished; or
    (2) activities in a country the President determines is
    recovering from widespread conflict, a humanitarian crisis, or a
    complex emergency.

    (b) Exports.--None of the funds appropriated by this or any other
    Act to carry out chapter 1 of part I of the Foreign Assistance Act of
    1961 shall be available for any testing or breeding feasibility study,
    variety improvement or introduction, consultancy, publication,
    conference, or training in connection with the growth or production in a
    foreign country of an agricultural commodity for export which would
    compete with a similar commodity grown or produced in the United States:
    Provided, That this subsection shall not prohibit--
    (1) activities designed to increase food security in
    developing countries where such activities will not have a
    significant impact on the export of agricultural commodities of
    the United States;
    (2) research activities intended primarily to benefit United
    States producers;
    (3) activities in a country that is eligible for assistance
    from the International Development Association, is not eligible
    for assistance from the International Bank for Reconstruction
    and Development, and does not export on a consistent basis the
    agricultural commodity with respect to which assistance is
    furnished; or
    (4) activities in a country the President determines is
    recovering from widespread conflict, a humanitarian crisis, or a
    complex emergency.

    (c) <>  International Financial
    Institutions.--The Secretary of the Treasury shall instruct the United
    States executive directors of the international financial institutions,
    as defined in section 7034(r)(3) of this Act, to use the voice and vote
    of the United States to oppose any assistance by such institutions,
    using funds appropriated or made available by this Act, for the
    production or extraction of any commodity or mineral for export, if it
    is in surplus on world markets and if the assistance will cause
    substantial injury to United States producers of the same, similar, or
    competing commodity.

    separate accounts

    Sec. 7026. (a) <>  Separate Accounts for
    Local Currencies.--
    (1) Agreements.--If assistance is furnished to the
    government of a foreign country under chapters 1 and 10 of part
    I or chapter 4 of part II of the Foreign Assistance Act of 1961
    under agreements which result in the generation of local
    currencies of that country, the Administrator of the United
    States Agency for International Development shall--

    [[Page 878]]

    (A) require that local currencies be deposited in a
    separate account established by that government;
    (B) enter into an agreement with that government
    which sets forth--
    (i) the amount of the local currencies to be
    generated; and
    (ii) the terms and conditions under which the
    currencies so deposited may be utilized,
    consistent with this section; and
    (C) establish by agreement with that government the
    responsibilities of USAID and that government to monitor
    and account for deposits into and disbursements from the
    separate account.
    (2) Uses of local currencies.--As may be agreed upon with
    the foreign government, local currencies deposited in a separate
    account pursuant to subsection (a), or an equivalent amount of
    local currencies, shall be used only--
    (A) to carry out chapter 1 or 10 of part I or
    chapter 4 of part II of the Foreign Assistance Act of
    1961 (as the case may be), for such purposes as--
    (i) project and sector assistance activities;
    or
    (ii) debt and deficit financing; or
    (B) for the administrative requirements of the
    United States Government.
    (3) Programming accountability.--USAID shall take all
    necessary steps to ensure that the equivalent of the local
    currencies disbursed pursuant to subsection (a)(2)(A) from the
    separate account established pursuant to subsection (a)(1) are
    used for the purposes agreed upon pursuant to subsection (a)(2).
    (4) Termination of assistance programs.--Upon termination of
    assistance to a country under chapter 1 or 10 of part I or
    chapter 4 of part II of the Foreign Assistance Act of 1961 (as
    the case may be), any unencumbered balances of funds which
    remain in a separate account established pursuant to subsection
    (a) shall be disposed of for such purposes as may be agreed to
    by the government of that country and the United States
    Government.
    (5) Report.--The USAID Administrator shall report as part of
    the congressional budget justification submitted to the
    Committees on Appropriations on the use of local currencies for
    the administrative requirements of the United States Government
    as authorized in subsection (a)(2)(B), and such report shall
    include the amount of local currency (and United States dollar
    equivalent) used or to be used for such purpose in each
    applicable country.

    (b) Separate Accounts for Cash Transfers.--
    (1) In general.--If assistance is made available to the
    government of a foreign country, under chapter 1 or 10 of part I
    or chapter 4 of part II of the Foreign Assistance Act of 1961,
    as cash transfer assistance or as nonproject sector assistance,
    that country shall be required to maintain such funds in a
    separate account and not commingle with any other funds.
    (2) Applicability of other provisions of law.--Such funds
    may be obligated and expended notwithstanding provisions of law
    which are inconsistent with the nature of this assistance
    including provisions which are referenced in the

    [[Page 879]]

    Joint Explanatory Statement of the Committee of Conference
    accompanying House Joint Resolution 648 (House Report No. 98-
    1159).
    (3) Notification.--At least 15 days prior to obligating any
    such cash transfer or nonproject sector assistance, the
    President shall submit a notification through the regular
    notification procedures of the Committees on Appropriations,
    which shall include a detailed description of how the funds
    proposed to be made available will be used, with a discussion of
    the United States interests that will be served by such
    assistance (including, as appropriate, a description of the
    economic policy reforms that will be promoted by such
    assistance).
    (4) Exemption.--Nonproject sector assistance funds may be
    exempt from the requirements of paragraph (1) only through the
    regular notification procedures of the Committees on
    Appropriations.

    eligibility for assistance

    Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
    Restrictions contained in this or any other Act with respect to
    assistance for a country shall not be construed to restrict assistance
    in support of programs of nongovernmental organizations from funds
    appropriated by this Act to carry out the provisions of chapters 1, 10,
    11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
    Act of 1961 and from funds appropriated under the heading ``Assistance
    for Europe, Eurasia and Central Asia'':  Provided, That before using the
    authority of this subsection to furnish assistance in support of
    programs of nongovernmental organizations, the President shall notify
    the Committees on Appropriations pursuant to the regular notification
    procedures, including a description of the program to be assisted, the
    assistance to be provided, and the reasons for furnishing such
    assistance:  Provided further, That nothing in this subsection shall be
    construed to alter any existing statutory prohibitions against abortion
    or involuntary sterilizations contained in this or any other Act.
    (b) Public Law 480.--During fiscal year 2018, restrictions contained
    in this or any other Act with respect to assistance for a country shall
    not be construed to restrict assistance under the Food for Peace Act
    (Public Law 83-480; 7 U.S.C. 1721 et seq.):  Provided, That none of the
    funds appropriated to carry out title I of such Act and made available
    pursuant to this subsection may be obligated or expended except as
    provided through the regular notification procedures of the Committees
    on Appropriations.
    (c) Exception.--This section shall not apply--
    (1) with respect to section 620A of the Foreign Assistance
    Act of 1961 or any comparable provision of law prohibiting
    assistance to countries that support international terrorism; or
    (2) with respect to section 116 of the Foreign Assistance
    Act of 1961 or any comparable provision of law prohibiting
    assistance to the government of a country that violates
    internationally recognized human rights.

    [[Page 880]]

    local competition

    Sec. 7028. (a) Requirements for Exceptions to Competition for Local
    Entities.--Funds appropriated by this Act that are made available to the
    United States Agency for International Development may only be made
    available for limited competitions through local entities if--
    (1) prior to the determination to limit competition to local
    entities, USAID has--
    (A) assessed the level of local capacity to
    effectively implement, manage, and account for programs
    included in such competition; and
    (B) documented the written results of the assessment
    and decisions made; and
    (2) prior to making an award after limiting competition to
    local entities--
    (A) each successful local entity has been determined
    to be responsible in accordance with USAID guidelines;
    and
    (B) effective monitoring and evaluation systems are
    in place to ensure that award funding is used for its
    intended purposes; and
    (3) no level of acceptable fraud is assumed.

    (b) Report.--In addition to the requirements of subsection (a)(1),
    the USAID Administrator shall report to the appropriate congressional
    committees not later than 45 days after the end of fiscal year 2018 on
    all awards subject to limited or no competition for local entities:
    Provided, That such report shall be posted on the USAID Web site:
    Provided further, That the requirements of this subsection shall only
    apply to awards in excess of $3,000,000 and sole source awards to local
    entities in excess of $2,000,000.
    (c) Extension of Procurement Authority.--Section 7077 of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2012 (division I of Public Law 112-74) shall
    continue in effect during fiscal year 2018.

    international financial institutions

    Sec. 7029. (a) Evaluations and Report.--The Secretary of the
    Treasury shall instruct the United States executive director of each
    international financial institution to seek to require that such
    institution adopts and implements a publicly available policy, including
    the strategic use of peer reviews and external experts, to conduct
    independent, in-depth evaluations of the effectiveness of at least 25
    percent of all loans, grants, programs, and significant analytical non-
    lending activities in advancing the institution's goals of reducing
    poverty and promoting equitable economic growth, consistent with
    relevant safeguards, to ensure that decisions to support such loans,
    grants, programs, and activities are based on accurate data and
    objective analysis:  Provided, That not later than 45 days after
    enactment of this Act, the Secretary shall submit a report to the
    Committees on Appropriations on steps taken in fiscal year 2017 by the
    United States executive directors and the international financial
    institutions consistent with this subsection compared to the previous
    fiscal year.
    (b) Safeguards.--
    (1) The Secretary of the Treasury shall instruct the United
    States Executive Director of the International Bank for

    [[Page 881]]

    Reconstruction and Development and the International Development
    Association to vote against any loan, grant, policy, or strategy
    if such institution has adopted and is implementing any social
    or environmental safeguard relevant to such loan, grant, policy,
    or strategy that provides less protection than World Bank
    safeguards in effect on September 30, 2015.
    (2) The Secretary of the Treasury should instruct the United
    States executive director of each international financial
    institution to vote against loans or other financing for
    projects unless such projects--
    (A) provide for accountability and transparency,
    including the collection, verification and publication
    of beneficial ownership information related to
    extractive industries and on-site monitoring during the
    life of the project;
    (B) will be developed and carried out in accordance
    with best practices regarding environmental
    conservation; cultural protection; and empowerment of
    local populations, including free, prior and informed
    consent of affected indigenous communities;
    (C) do not provide incentives for, or facilitate,
    forced displacement; and
    (D) do not partner with or otherwise involve
    enterprises owned or controlled by the armed forces.

    (c) Compensation.--None of the funds appropriated under title V of
    this Act may be made as payment to any international financial
    institution while the United States executive director to such
    institution is compensated by the institution at a rate which, together
    with whatever compensation such executive director receives from the
    United States, is in excess of the rate provided for an individual
    occupying a position at level IV of the Executive Schedule under section
    5315 of title 5, United States Code, or while any alternate United
    States executive director to such institution is compensated by the
    institution at a rate in excess of the rate provided for an individual
    occupying a position at level V of the Executive Schedule under section
    5316 of title 5, United States Code.
    (d) Human Rights.--The Secretary of the Treasury shall instruct the
    United States executive director of each international financial
    institution to seek to require that such institution conducts rigorous
    human rights due diligence and risk management, as appropriate, in
    connection with any loan, grant, policy, or strategy of such
    institution:  Provided, That prior to voting on any such loan, grant,
    policy, or strategy the executive director shall consult with the
    Assistant Secretary for Democracy, Human Rights, and Labor, Department
    of State, if the executive director has reason to believe that such
    loan, grant, policy, or strategy could result in forced displacement or
    other violation of human rights.
    (e) Fraud and Corruption.--The Secretary of the Treasury shall
    instruct the United States executive director of each international
    financial institution to promote in loan, grant, and other financing
    agreements improvements in borrowing countries' financial management and
    judicial capacity to investigate, prosecute, and punish fraud and
    corruption.
    (f) Beneficial Ownership Information.--The Secretary of the Treasury
    shall instruct the United States executive director of each
    international financial institution to seek to require that such

    [[Page 882]]

    institution collects, verifies, and publishes, to the maximum extent
    practicable, beneficial ownership information (excluding proprietary
    information) for any corporation or limited liability company, other
    than a publicly listed company, that receives funds from any such
    financial institution:  Provided, That not later than 45 days after
    enactment of this Act, the Secretary shall submit a report to the
    Committees on Appropriations on steps taken in fiscal year 2017 by the
    United States executive directors and the international financial
    institutions consistent with this subsection compared to the previous
    fiscal year.
    (g) Whistleblower Protections.--The Secretary of the Treasury shall
    instruct the United States executive director of each international
    financial institution to seek to require that each such institution is
    effectively implementing and enforcing policies and procedures which
    reflect best practices for the protection of whistleblowers from
    retaliation, including best practices for--
    (1) protection against retaliation for internal and lawful
    public disclosure;
    (2) legal burdens of proof;
    (3) statutes of limitation for reporting retaliation;
    (4) access to independent adjudicative bodies, including
    external arbitration; and
    (5) results that eliminate the effects of proven
    retaliation.

    debt-for-development

    Sec. 7030.  In order to enhance the continued participation of
    nongovernmental organizations in debt-for-development and debt-for-
    nature exchanges, a nongovernmental organization which is a grantee or
    contractor of the United States Agency for International Development may
    place in interest bearing accounts local currencies which accrue to that
    organization as a result of economic assistance provided under title III
    of this Act and, subject to the regular notification procedures of the
    Committees on Appropriations, any interest earned on such investment
    shall be used for the purpose for which the assistance was provided to
    that organization.

    financial management and budget transparency

    Sec. 7031. (a) Limitation on Direct Government-to-Government
    Assistance.--
    (1) Requirements.--Funds appropriated by this Act may be
    made available for direct government-to-government assistance
    only if--
    (A)(i) each implementing agency or ministry to
    receive assistance has been assessed and is considered
    to have the systems required to manage such assistance
    and any identified vulnerabilities or weaknesses of such
    agency or ministry have been addressed;
    (ii) the recipient agency or ministry employs and
    utilizes staff with the necessary technical, financial,
    and management capabilities;
    (iii) the recipient agency or ministry has adopted
    competitive procurement policies and systems;
    (iv) effective monitoring and evaluation systems are
    in place to ensure that such assistance is used for its
    intended purposes;
    (v) no level of acceptable fraud is assumed; and

    [[Page 883]]

    (vi) the government of the recipient country is
    taking steps to publicly disclose on an annual basis its
    national budget, to include income and expenditures;
    (B) the recipient government is in compliance with
    the principles set forth in section 7013 of this Act;
    (C) the recipient agency or ministry is not headed
    or controlled by an organization designated as a foreign
    terrorist organization under section 219 of the
    Immigration and Nationality Act (8 U.S.C. 1189);
    (D) the Government of the United States and the
    government of the recipient country have agreed, in
    writing, on clear and achievable objectives for the use
    of such assistance, which should be made available on a
    cost-reimbursable basis; and
    (E) the recipient government is taking steps to
    protect the rights of civil society, including freedoms
    of expression, association, and assembly.
    (2) Consultation and notification.--In addition to the
    requirements in paragraph (1), no funds may be made available
    for direct government-to-government assistance without prior
    consultation with, and notification of, the Committees on
    Appropriations:  Provided, That such notification shall contain
    an explanation of how the proposed activity meets the
    requirements of paragraph (1):  Provided further, That the
    requirements of this paragraph shall only apply to direct
    government-to-government assistance in excess of $10,000,000 and
    all funds available for cash transfer, budget support, and cash
    payments to individuals.
    (3) Suspension of assistance.--The Administrator of the
    United States Agency for International Development or the
    Secretary of State, as appropriate, shall suspend any direct
    government-to-government assistance if the Administrator or the
    Secretary has credible information of material misuse of such
    assistance, unless the Administrator or the Secretary reports to
    the Committees on Appropriations that it is in the national
    interest of the United States to continue such assistance,
    including a justification, or that such misuse has been
    appropriately addressed.
    (4) Submission of information.--The Secretary of State shall
    submit to the Committees on Appropriations, concurrent with the
    fiscal year 2019 congressional budget justification materials,
    amounts planned for assistance described in paragraph (1) by
    country, proposed funding amount, source of funds, and type of
    assistance.
    (5) Report.--Not later than 90 days after the enactment of
    this Act and every 6 months thereafter until September 30, 2019,
    the USAID Administrator shall submit to the Committees on
    Appropriations a report that--
    (A) details all assistance described in paragraph
    (1) provided during the previous 6-month period by
    country, funding amount, source of funds, and type of
    such assistance; and
    (B) the type of procurement instrument or mechanism
    utilized and whether the assistance was provided on a
    reimbursable basis.

    [[Page 884]]

    (6) Debt service payment prohibition.--None of the funds
    made available by this Act may be used by the government of any
    foreign country for debt service payments owed by any country to
    any international financial institution:  Provided, That for
    purposes of this paragraph, the term ``international financial
    institution'' has the meaning given the term in section
    7034(r)(3) of this Act.

    (b) National Budget and Contract Transparency.--
    (1) Minimum requirements of fiscal transparency.--The
    Secretary of State shall continue to update and strengthen the
    ``minimum requirements of fiscal transparency'' for each
    government receiving assistance appropriated by this Act, as
    identified in the report required by section 7031(b) of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2014 (division K of Public Law 113-76).
    (2) Definition.--For purposes of paragraph (1), ``minimum
    requirements of fiscal transparency'' are requirements
    consistent with those in subsection (a)(1), and the public
    disclosure of national budget documentation (to include receipts
    and expenditures by ministry) and government contracts and
    licenses for natural resource extraction (to include bidding and
    concession allocation practices).
    (3) Determination and report.--For each government
    identified pursuant to paragraph (1), the Secretary of State,
    not later than 180 days after enactment of this Act, shall make
    or update any determination of ``significant progress'' or ``no
    significant progress'' in meeting the minimum requirements of
    fiscal transparency, and make such determinations publicly
    available in an annual ``Fiscal Transparency Report'' to be
    posted on the Department of State Web site:  Provided, That the
    Secretary shall identify the significant progress made by each
    such government to publicly disclose national budget
    documentation, contracts, and licenses which are additional to
    such information disclosed in previous fiscal years, and include
    specific recommendations of short- and long-term steps such
    government should take to improve fiscal transparency:  Provided
    further, That the annual report shall include a detailed
    description of how funds appropriated by this Act are being used
    to improve fiscal transparency, and identify benchmarks for
    measuring progress.
    (4) Assistance.--Funds appropriated under title III of this
    Act shall be made available for programs and activities to
    assist governments identified pursuant to paragraph (1) to
    improve budget transparency and to support civil society
    organizations in such countries that promote budget
    transparency:  Provided, That such sums shall be in addition to
    funds otherwise available for such purposes:  Provided further,
    That a description of the uses of such funds shall be included
    in the annual ``Fiscal Transparency Report'' required by
    paragraph (3).

    (c) <>  Anti-Kleptocracy and Human Rights.--
    (1) Ineligibility.--
    (A) Officials of foreign governments and their
    immediate family members about whom the Secretary of
    State has credible information have been involved in
    significant corruption, including corruption related to
    the extraction

    [[Page 885]]

    of natural resources, or a gross violation of human
    rights shall be ineligible for entry into the United
    States.
    (B) The Secretary shall also publicly or privately
    designate or identify officials of foreign governments
    and their immediate family members about whom the
    Secretary has such credible information without regard
    to whether the individual has applied for a visa.
    (2) Exception.--Individuals shall not be ineligible if entry
    into the United States would further important United States law
    enforcement objectives or is necessary to permit the United
    States to fulfill its obligations under the United Nations
    Headquarters Agreement:  Provided, That nothing in paragraph (1)
    shall be construed to derogate from United States Government
    obligations under applicable international agreements.
    (3) Waiver.--The Secretary may waive the application of
    paragraph (1) if the Secretary determines that the waiver would
    serve a compelling national interest or that the circumstances
    which caused the individual to be ineligible have changed
    sufficiently.
    (4) Report.--Not later than 6 months after enactment of this
    Act, the Secretary of State shall submit a report, including a
    classified annex if necessary, to the Committees on
    Appropriations and the Committees on the Judiciary describing
    the information related to corruption or violation of human
    rights concerning each of the individuals found ineligible in
    the previous 12 months pursuant to paragraph (1)(A) as well as
    the individuals who the Secretary designated or identified
    pursuant to paragraph (1)(B), or who would be ineligible but for
    the application of paragraph (2), a list of any waivers provided
    under paragraph (3), and the justification for each waiver.
    (5) Posting of report.--Any unclassified portion of the
    report required under paragraph (4) shall be posted on the
    Department of State Web site.
    (6) Clarification.--For purposes of paragraphs (1)(B), (4),
    and (5), the records of the Department of State and of
    diplomatic and consular offices of the United States pertaining
    to the issuance or refusal of visas or permits to enter the
    United States shall not be considered confidential.

    (d) Networks of Corruption.--If the Secretary of State has credible
    information of networks of corruption involving the participation of, or
    support from, a senior official in a country that receives assistance
    funded by this Act under titles III or IV, the Secretary shall update
    the report on such networks required by section 7031(d) of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2017 (division J of Public Law 115-31).
    (e) Extraction of Natural Resources.--
    (1) Assistance.--Funds appropriated by this Act shall be
    made available to promote and support transparency and
    accountability of expenditures and revenues related to the
    extraction of natural resources, including by strengthening
    implementation and monitoring of the Extractive Industries
    Transparency Initiative, implementing and enforcing section 8204
    of the Food, Conservation, and Energy Act of 2008 (Public Law
    110-246; 122 Stat. 2052) and the amendments made by such
    section, and to prevent the sale of conflict diamonds,

    [[Page 886]]

    and provide technical assistance to promote independent audit
    mechanisms and support civil society participation in natural
    resource management.
    (2) United states policy.--
    (A) The Secretary of the Treasury shall inform the
    management of the international financial institutions,
    and post on the Department of the Treasury Web site,
    that it is the policy of the United States to vote
    against any assistance by such institutions (including
    any loan, credit, grant, or guarantee) to any country
    for the extraction and export of a natural resource if
    the government of such country has in place laws,
    regulations, or procedures to prevent or limit the
    public disclosure of company payments as required by
    United States law, and unless such government has
    adopted laws, regulations, or procedures in the sector
    in which assistance is being considered for--
    (i) accurately accounting for and public
    disclosure of payments to the host government by
    companies involved in the extraction and export of
    natural resources;
    (ii) the independent auditing of accounts
    receiving such payments and public disclosure of
    the findings of such audits; and
    (iii) public disclosure of such documents as
    Host Government Agreements, Concession Agreements,
    and bidding documents, allowing in any such
    dissemination or disclosure for the redaction of,
    or exceptions for, information that is
    commercially proprietary or that would create
    competitive disadvantage.
    (B) The requirements of subparagraph (A) shall not
    apply to assistance for the purpose of building the
    capacity of such government to meet the requirements of
    this subparagraph.

    (f) Foreign Assistance Web Site.--Funds appropriated by this Act
    under titles I and II, and funds made available for any independent
    agency in title III, as appropriate, shall be made available to support
    the provision of additional information on United States Government
    foreign assistance on the Department of State foreign assistance Web
    site:  Provided, That all Federal agencies funded under this Act shall
    provide such information on foreign assistance, upon request, to the
    Department of State.

    democracy programs

    Sec. 7032. (a) Funding.--
    (1) In general.--Of the funds appropriated by this Act under
    the headings ``Development Assistance'', ``Economic Support
    Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
    Central Asia'', and ``International Narcotics Control and Law
    Enforcement'', not less than $2,308,517,000 shall be made
    available for democracy programs.
    (2) Programs.--Of the funds made available for democracy
    programs pursuant to paragraph (1), the Bureau of Democracy,
    Human Rights, and Labor, Department of State, shall administer
    an amount not less than the amount administered in fiscal year
    2017 under the headings ``Economic Support Fund'' and
    ``Assistance for Europe, Eurasia and Central Asia''.

    [[Page 887]]

    (b) Authority.--Funds made available by this Act for democracy
    programs may be made available notwithstanding any other provision of
    law, and with regard to the National Endowment for Democracy, any
    regulation.
    (c) Definition of Democracy Programs.--For purposes of funds
    appropriated by this Act, the term ``democracy programs'' means programs
    that support good governance, credible and competitive elections,
    freedom of expression, association, assembly, and religion, human
    rights, labor rights, independent media, and the rule of law, and that
    otherwise strengthen the capacity of democratic political parties,
    governments, nongovernmental organizations and institutions, and
    citizens to support the development of democratic states, and
    institutions that are responsive and accountable to citizens.
    (d) Program Prioritization.--Funds made available pursuant to this
    section that are made available for programs to strengthen government
    institutions shall be prioritized for those institutions that
    demonstrate a commitment to democracy and the rule of law, as determined
    by the Secretary of State or the Administrator of the United States
    Agency for International Development, as appropriate.
    (e) Restriction on Prior Approval.--With respect to the provision of
    assistance for democracy programs in this Act, the organizations
    implementing such assistance, the specific nature of that assistance,
    and the participants in such programs shall not be subject to the prior
    approval by the government of any foreign country:  Provided, That the
    Secretary of State, in coordination with the USAID Administrator, shall
    report to the Committees on Appropriations, not later than 120 days
    after enactment of this Act, detailing steps taken by the Department of
    State and USAID to comply with the requirements of this subsection.
    (f) Continuation of Current Practices.--USAID shall continue to
    implement civil society and political competition and consensus building
    programs abroad with funds appropriated by this Act in a manner that
    recognizes the unique benefits of grants and cooperative agreements in
    implementing such programs:  Provided, That nothing in this paragraph
    shall be construed to affect the ability of any entity, including United
    States small businesses, from competing for proposals for USAID-funded
    civil society and political competition and consensus building programs.
    (g) Country Strategy Reviews.--Prior to the obligation of funds made
    available by this Act for Department of State and USAID democracy
    programs for a nondemocratic or democratic transitioning country for
    which a country strategy has been concluded after the date of enactment
    of this Act, as required by section 2111(c)(1) of the ADVANCE Democracy
    Act of 2007 (title XXI of Public Law 110-53; 22 U.S.C. 8211) or similar
    provision of law or regulation, the Under Secretary for Civilian
    Security, Democracy and Human Rights, Department of State, in
    consultation with the Assistant Secretary for Democracy, Human Rights,
    and Labor, Department of State, and the Assistant Administrator for
    Democracy, Conflict, and Humanitarian Assistance, USAID, shall review
    such strategy to ensure that it includes--
    (1) specific goals and objectives for such program,
    including a specific plan and timeline to measure impacts;

    [[Page 888]]

    (2) an assessment of the risks associated with the conduct
    of such program to intended beneficiaries and implementers,
    including steps to support and protect such individuals; and
    (3) the funding requirements to initiate and sustain such
    program in fiscal year 2018 and subsequent fiscal years, as
    appropriate:

    Provided, That for the purposes of this subsection, the term
    ``nondemocratic or democratic transitioning country'' shall have the
    same meaning as in section 2104(6) of the ADVANCE Democracy Act of 2007.
    (h) Communication and Reports.--
    (1) Informing the national endowment for democracy.--The
    Assistant Secretary for Democracy, Human Rights, and Labor,
    Department of State, and the Assistant Administrator for
    Democracy, Conflict, and Humanitarian Assistance, USAID, shall
    regularly inform the National Endowment for Democracy of
    democracy programs that are planned and supported by funds made
    available by this Act and prior Acts making appropriations for
    the Department of State, foreign operations, and related
    programs.
    (2) Reports.--
    (A) Funding instruments.--Not later than September
    30, 2018, the Secretary of State and USAID Administrator
    shall each submit to the Committees on Appropriations a
    report detailing the use of contracts, grants, and
    cooperative agreements in the conduct of democracy
    programs with funds made available by the Department of
    State, Foreign Operations, and Related Programs
    Appropriations Act, 2017 (division J of Public Law 115-
    31), which shall include funding level, account, program
    sector and subsector, and a brief summary of purpose.
    (B) Program changes.--The Secretary of State or the
    USAID Administrator, as appropriate, shall report to the
    appropriate congressional committees within 30 days of a
    decision to significantly change the objectives or the
    content of a democracy program or to close such a
    program due to the increasingly repressive nature of the
    host country government:  Provided, That the report
    shall also include a strategy for continuing support for
    democracy promotion, if such programming is feasible,
    and may be submitted in classified form, if necessary.

    (i) Protection of Civil Society Activists and Journalists.--
    (1) Plan.--Not later than 120 days after enactment of this
    Act, the Secretary of State shall submit to the appropriate
    congressional committees a diplomatic and programmatic action
    plan to support and protect civil society activists and
    journalists who have been threatened, harassed, or attacked for
    peacefully exercising their rights of free expression,
    association, or assembly:  Provided, That the Assistant
    Secretary for Democracy, Human Rights, and Labor (DRL),
    Department of State, shall develop such action plan in
    coordination with the relevant bureaus and offices of the
    Department of State and USAID.
    (2) Funds.--Of the funds appropriated by this Act under the
    headings ``Economic Support Fund'' and ``Democracy Fund'', not
    less than $10,000,000 shall be made available for programs

    [[Page 889]]

    and activities to implement the action plan described in
    paragraph (1):  Provided, That such funds may only be made
    available following consultation with the Committees on
    Appropriations:  Provided further, That such funds shall be
    allocated to, and administered by, DRL and relevant bureaus and
    offices of the Department of State and USAID, and are in
    addition to amounts otherwise made available for such purposes.

    international religious freedom

    Sec. 7033. (a) International Religious Freedom Office and Special
    Envoy to Promote Religious Freedom.--
    (1) Operations.--Funds appropriated by this Act under the
    heading ``Diplomatic and Consular Programs'' shall be made
    available for the Office of International Religious Freedom,
    Bureau of Democracy, Human Rights, and Labor, Department of
    State, the Office of the Ambassador-at-Large for International
    Religious Freedom, and the Special Envoy to Promote Religious
    Freedom of Religious Minorities in the Near East and South
    Central Asia, as authorized in the Near East and South Central
    Asia Religious Freedom Act of 2014 (Public Law 113-161),
    including for support staff at not less than the amounts
    specified for such offices in the table under such heading in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act).
    (2) Curriculum.--Funds appropriated under the heading
    ``Diplomatic and Consular Programs'' and designated for the
    Office of International Religious Freedom shall be made
    available for the development and implementation of an
    international religious freedom curriculum in accordance with
    section 708(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
    4028(a)(2)).

    (b) Assistance.--
    (1) International religious freedom programs.--Of the funds
    appropriated by this Act under the heading ``Democracy Fund''
    and available for the Human Rights and Democracy Fund, not less
    than $10,000,000 shall be made available for international
    religious freedom programs:  Provided, That the Ambassador-at-
    Large for International Religious Freedom shall consult with the
    Committees on Appropriations on the uses of such funds.
    (2) Protection and investigation programs.--Of the funds
    appropriated by this Act under the heading ``Economic Support
    Fund'', not less than $10,000,000 shall be made available for
    programs to protect vulnerable and persecuted religious
    minorities:  Provided, That a portion of such funds shall be
    made available for programs to investigate the persecution of
    such minorities by governments and non-state actors and for the
    public dissemination of information collected on such
    persecution, including on the Department of State Web site.
    (3) Humanitarian programs.--Funds appropriated by this Act
    under the headings ``International Disaster Assistance'' and
    ``Migration and Refugee Assistance'' shall be made available for
    humanitarian assistance for vulnerable and persecuted religious
    minorities, including victims of genocide designated by the
    Secretary of State and other groups that have suffered crimes
    against humanity and ethnic cleansing, to--

    [[Page 890]]

    (A) facilitate the implementation of an immediate,
    coordinated, and sustained response to provide
    humanitarian assistance;
    (B) enhance protection of conflict victims,
    including those facing a dire humanitarian crisis and
    severe persecution because of their faith or ethnicity;
    and
    (C) improve access to secure locations for obtaining
    humanitarian and resettlement services.
    (4) Transitional justice, reconciliation, and reintegration
    programs.--Of the funds appropriated by this Act that are made
    available for the Relief and Recovery Fund, not less than
    $5,000,000 shall be made available to support transitional
    justice, reconciliation, and reintegration programs for
    vulnerable and persecuted religious minorities, including in the
    Middle East and North Africa regions:  Provided, That such funds
    shall be matched, to the maximum extent practicable, from
    sources other than the United States Government.
    (5) Responsibility for funds.--Funds made available by
    paragraphs (1) and (2) shall be the responsibility of the
    Ambassador-at-Large for International Religious Freedom, in
    consultation with other relevant United States Government
    officials.

    (c) International Broadcasting.--Funds appropriated by this Act
    under the heading ``Broadcasting Board of Governors, International
    Broadcasting Operations'' shall be made available for programs related
    to international religious freedom, including reporting on the condition
    of vulnerable and persecuted religious groups.
    (d) Atrocities Prevention.--Of the funds appropriated by this Act
    under the headings ``Economic Support Fund'' and ``International
    Narcotics Control and Law Enforcement'', not less than $5,000,000 shall
    be made available for programs to prevent atrocities, including to
    implement recommendations of the Atrocities Prevention Board:  Provided,
    That the Under Secretary for Civilian Security, Democracy, and Human
    Rights, Department of State, shall be responsible for providing the
    strategic policy direction for, and policy oversight of, funds made
    available pursuant to this subsection to the Bureaus of International
    Narcotics and Law Enforcement Affairs and Democracy, Human Rights, and
    Labor, Department of State:  Provided further, That such funds shall be
    subject to the regular notification procedures of the Committees on
    Appropriations.
    (e) Funding Clarification.--Funds made available pursuant to
    subsections (b) and (d) are in addition to amounts otherwise made
    available for such purposes.

    special provisions

    Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
    Burmese.--Funds appropriated in titles III and VI of this Act that are
    made available for victims of war, displaced children, displaced
    Burmese, and to combat trafficking in persons and assist victims of such
    trafficking, may be made available notwithstanding any other provision
    of law.
    (b) Law Enforcement and Security.--
    (1) Child soldiers.--Funds appropriated by this Act should
    not be used to support any military training or operations that
    include child soldiers.

    [[Page 891]]

    (2) Crowd control items.--Funds appropriated by this Act
    should not be used for tear gas, small arms, light weapons,
    ammunition, or other items for crowd control purposes for
    foreign security forces that use excessive force to repress
    peaceful expression, association, or assembly in countries
    undergoing democratic transition.
    (3) Disarmament, demobilization, and reintegration.--Section
    7034(d) of the Department of State, Foreign Operations, and
    Related Programs Appropriations Act, 2015 (division J of Public
    Law 113-235) shall continue in effect during fiscal year 2018.
    (4) Forensic assistance.--
    (A) Of the funds appropriated by this Act under the
    heading ``Economic Support Fund'', not less than
    $8,000,000 shall be made available for forensic
    anthropology assistance related to the exhumation and
    identification of victims of war crimes, crimes against
    humanity, and genocide, which shall be administered by
    the Assistant Secretary for Democracy, Human Rights, and
    Labor, Department of State:  Provided, That such funds
    shall be in addition to funds made available by this Act
    and prior Acts making appropriations for the Department
    of State, foreign operations, and related programs for
    assistance for countries.
    (B) Of the funds appropriated by this Act under the
    heading ``International Narcotics Control and Law
    Enforcement'', not less than $6,000,000 shall be made
    available for DNA forensic technology programs to combat
    human trafficking in Central America and Mexico.
    (5) International prison conditions.--Section 7065 of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2015 (division J of Public Law 113-235)
    shall continue in effect during fiscal year 2018.
    (6) Reconstituting civilian police authority.--In providing
    assistance with funds appropriated by this Act under section
    660(b)(6) of the Foreign Assistance Act of 1961, support for a
    nation emerging from instability may be deemed to mean support
    for regional, district, municipal, or other sub-national entity
    emerging from instability, as well as a nation emerging from
    instability.
    (7) Security assistance report.--Not later than 120 days
    after enactment of this Act, the Secretary of State shall submit
    to the Committees on Appropriations a report on funds obligated
    and expended during fiscal year 2017, by country and purpose of
    assistance, under the headings ``Peacekeeping Operations'',
    ``International Military Education and Training'', and ``Foreign
    Military Financing Program''.
    (8) Foreign military sales and foreign military financing
    program.--
    (A) Availability.--Funds appropriated by this Act
    under the heading ``Foreign Military Financing Program''
    for the general costs of administering military
    assistance and sales shall be made available to increase
    the efficiency and effectiveness of programs authorized
    by Chapter 2 of the Arms Export Control Act:  Provided,
    That prior to the obligation of funds for such purposes,
    the Secretary of State shall consult with the Committees
    on Appropriations.

    [[Page 892]]

    (B) Quarterly status report.--Following the
    submission of the quarterly report required by section
    36 of Public Law 90-629 (22 U.S.C. 2776), the Secretary
    of State, in coordination with the Secretary of Defense,
    shall submit to the Committees on Appropriations a
    status report that contains the information described
    under the heading ``Foreign Military Financing Program''
    in House Report 115-253.
    (9) Vetting report.--
    (A) In general.--Not later than 90 days after
    enactment of this Act, the Secretary of State shall
    submit a report to the appropriate congressional
    committees on foreign assistance cases submitted for
    vetting for purposes of section 620M of the Foreign
    Assistance Act of 1961 during the preceding fiscal year,
    including--
    (i) the total number of cases submitted,
    approved, suspended, or rejected for human rights
    reasons; and
    (ii) for cases rejected, a description of the
    steps taken to assist the foreign government in
    taking effective measures to bring the responsible
    members of the security forces to justice, in
    accordance with section 620M(c) of the Foreign
    Assistance Act of 1961.
    (B) Form.--The report required by this paragraph
    shall be submitted in unclassified form, but may be
    accompanied by a classified annex.
    (10) Annual foreign military training report.--For the
    purposes of implementing section 656 of the Foreign Assistance
    Act of 1961, the term ``military training provided to foreign
    military personnel by the Department of Defense and the
    Department of State'' shall be deemed to include all military
    training provided by foreign governments with funds appropriated
    to the Department of Defense or the Department of State, except
    for training provided by the government of a country designated
    by section 517(b) of such Act as a major non-NATO ally.
    (11) Assistance to eliminate torture.--Funds appropriated
    under titles III and IV of this Act shall be made available,
    notwithstanding section 660 of the Foreign Assistance Act of
    1961 and following consultation with the Committees on
    Appropriations, for assistance to eliminate torture by foreign
    police, military or other security forces in countries receiving
    assistance from funds appropriated by this Act.
    (12) Combat casualty care.--
    (A) Consistent with the objectives of the Foreign
    Assistance Act of 1961 and the Arms Export Control Act,
    funds appropriated by this Act under the headings
    ``Peacekeeping Operations'' and ``Foreign Military
    Financing Program'' shall be made available for combat
    casualty training and equipment.
    (B) The Secretary of State shall offer combat
    casualty care training and equipment as a component of
    any package of lethal assistance funded by this Act with
    funds appropriated under the headings ``Peacekeeping
    Operations'' and ``Foreign Military Financing Program'':
    Provided, That the requirement of this paragraph shall
    apply to a country in conflict, unless the Secretary
    determines that such country has in place, to the
    maximum extent practicable,

    [[Page 893]]

    functioning combat casualty care treatment and equipment
    that meets or exceeds the standards recommended by the
    Committee on Tactical Combat Casualty Care:  Provided
    further, That any such training and equipment for combat
    casualty care shall be made available through an open
    and transparent process.

    (c) World Food Programme.--
    (1) Contribution.--Funds managed by the Bureau for
    Democracy, Conflict, and Humanitarian Assistance, United States
    Agency for International Development, from this or any other
    Act, may be made available as a general contribution to the
    World Food Programme, notwithstanding any other provision of
    law.
    (2) Program to leverage additional contributions.--Funds
    appropriated by this Act shall be made available to leverage
    additional contributions for the World Food Programme from
    sources other than the United States Government:  Provided, That
    the Secretary of State shall consult with the Committees on
    Appropriations on implementation of this paragraph.

    (d) Directives and Authorities.--
    (1) Research and training.--Funds appropriated by this Act
    under the heading ``Assistance for Europe, Eurasia and Central
    Asia'' shall be made available to carry out the Program for
    Research and Training on Eastern Europe and the Independent
    States of the Former Soviet Union as authorized by the Soviet-
    Eastern European Research and Training Act of 1983 (22 U.S.C.
    4501 et seq.).
    (2) Genocide victims memorial sites.--Funds appropriated by
    this Act and prior Acts making appropriations for the Department
    of State, foreign operations, and related programs under the
    headings ``Economic Support Fund'' and ``Assistance for Europe,
    Eurasia and Central Asia'' may be made available as
    contributions to establish and maintain memorial sites of
    genocide, subject to the regular notification procedures of the
    Committees on Appropriations.
    (3) Additional authorities.--Of the amounts made available
    by title I of this Act under the heading ``Diplomatic and
    Consular Programs'', up to $500,000 may be made available for
    grants pursuant to section 504 of the Foreign Relations
    Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d), including
    to facilitate collaboration with indigenous communities, and up
    to $1,000,000 may be made available for grants to carry out the
    activities of the Cultural Antiquities Task Force.
    (4) Innovation.--The USAID Administrator may use funds
    appropriated by this Act under title III to make innovation
    incentive awards:  Provided, That each individual award may not
    exceed $100,000:  Provided further, That no more than 10 such
    awards may be made during fiscal year 2018:  Provided further,
    That for purposes of this paragraph the term ``innovation
    incentive award'' means the provision of funding on a
    competitive basis that--
    (A) encourages and rewards the development of
    solutions for a particular, well-defined problem related
    to the alleviation of poverty; or

    [[Page 894]]

    (B) helps identify and promote a broad range of
    ideas and practices facilitating further development of
    an idea or practice by third parties.
    (5) Exchange visitor program.--None of the funds made
    available by this Act may be used to modify the Exchange Visitor
    Program administered by the Department of State to implement the
    Mutual Educational and Cultural Exchange Act of 1961, as
    amended, (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
    through the formal rulemaking process pursuant to the
    Administrative Procedures Act and notwithstanding the exceptions
    to such rulemaking process in such Act:  Provided, That funds
    made available for such purpose shall only be made available
    after consultation with, and subject to the regular notification
    procedures of, the Committees on Appropriations, regarding how
    any proposed modification would affect the public diplomacy
    goals of, and the estimated economic impact on, the United
    States.
    (6) Report.--The report required by section 502(d) of the
    Intelligence Authorization Act for Fiscal Year 2017 (division N
    of Public Law 115-31; 22 U.S.C. 254a note) shall be provided to
    the Committees on Appropriations.

    (e) Partner Vetting.--The Secretary of State and USAID Administrator
    may initiate a partner vetting program to mitigate the risk of diversion
    of foreign assistance, or make significant modifications to any existing
    partner vetting program, only following consultation with the Committees
    on Appropriations:  Provided, That the Secretary and Administrator
    should provide a direct vetting option for prime awardees in any partner
    vetting program initiated after the date of the enactment of this Act.
    (f) Contingencies.--During fiscal year 2018, the President may use
    up to $125,000,000 under the authority of section 451 of the Foreign
    Assistance Act of 1961, notwithstanding any other provision of law.
    (g) International Child Abductions.--The Secretary of State should
    withhold funds appropriated under title III of this Act for assistance
    for the central government of any country that is not taking appropriate
    steps to comply with the Convention on the Civil Aspects of
    International Child Abductions, done at the Hague on October 25, 1980:
    Provided, That the Secretary shall report to the Committees on
    Appropriations within 15 days of withholding funds under this
    subsection.
    (h) Cultural Preservation Project Determination.--None of the funds
    appropriated in titles I and III of this Act may be used for the
    preservation of religious sites unless the Secretary of State or the
    USAID Administrator, as appropriate, determines and reports to the
    Committees on Appropriations that such sites are historically,
    artistically, or culturally significant, that the purpose of the project
    is neither to advance nor to inhibit the free exercise of religion, and
    that the project is in the national interest of the United States.
    (i) Transfer of Funds for Extraordinary Protection.--The Secretary
    of State may transfer to, and merge with, funds under the heading
    ``Protection of Foreign Missions and Officials'' unobligated balances of
    expired funds appropriated under the heading ``Diplomatic and Consular
    Programs'' for fiscal year 2018, except for funds designated for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of

    [[Page 895]]

    the Balanced Budget and Emergency Deficit Control Act of 1985, at no
    later than the end of the fifth fiscal year after the last fiscal year
    for which such funds are available for the purposes for which
    appropriated:  Provided, That not more than $50,000,000 may be
    transferred.
    (j) Authority to Counter Extremism.--Funds made available by this
    Act under the heading ``Economic Support Fund'' to counter extremism may
    be made available notwithstanding any other provision of law restricting
    assistance to foreign countries, except sections 502B and 620A of the
    Foreign Assistance Act of 1961:  Provided, That the use of the authority
    of this subsection shall be subject to prior consultation with the
    appropriate congressional committees, and the regular notification
    procedures of the Committees on Appropriations.
    (k) Protections and Remedies for Employees of Diplomatic Missions
    and International Organizations.--Section 7034(k) of the Department of
    State, Foreign Operations, and Related Programs Appropriations Act, 2015
    (division J of Public Law 113-235) shall continue in effect during
    fiscal year 2018.
    (l) Extension of Authorities.--
    (1) <>  Passport fees.--Section
    1(b)(2) of the Passport Act of June 4, 1920 (22 U.S.C.
    214(b)(2)) shall be applied by substituting ``September 30,
    2018'' for ``September 30, 2010''.
    (2) Incentives for critical posts.--The authority contained
    in section 1115(d) of the Supplemental Appropriations Act, 2009
    (Public Law 111-32) shall remain in effect through September 30,
    2018.
    (3) <>  USAID civil service
    annuitant waiver.--Section 625(j)(1) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by
    substituting ``September 30, 2018'' for ``October 1, 2010'' in
    subparagraph (B).
    (4) Overseas pay comparability and limitation.--
    (A) Subject to the limitation described in
    subparagraph (B), the authority provided by section 1113
    of the Supplemental Appropriations Act, 2009 (Public Law
    111-32) shall remain in effect through September 30,
    2018.
    (B) The authority described in subparagraph (A) may
    not be used to pay an eligible member of the Foreign
    Service (as defined in section 1113(b) of the
    Supplemental Appropriations Act, 2009 (Public Law 111-
    32)) a locality-based comparability payment (stated as a
    percentage) that exceeds two-thirds of the amount of the
    locality-based comparability payment (stated as a
    percentage) that would be payable to such member under
    section 5304 of title 5, United States Code, if such
    member's official duty station were in the District of
    Columbia.
    (5) Categorical eligibility.--The Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990 (Public
    Law 101-167) is amended--
    (A) in section 599D (8 U.S.C. 1157 note)--
    (i) in subsection (b)(3), by striking ``and
    2017'' and inserting ``2017, and 2018''; and
    (ii) in subsection (e), by striking ``2017''
    each place it appears and inserting ``2018''; and
    (B) in section 599E (8 U.S.C. 1255 note) in
    subsection (b)(2), by striking ``2017'' and inserting
    ``2018''.

    [[Page 896]]

    (6) Inspector general annuitant waiver.--The authorities
    provided in section 1015(b) of the Supplemental Appropriations
    Act, 2010 (Public Law 111-212) shall remain in effect through
    September 30, 2018.
    (7) Extension of war reserves stockpile authority.--
    (A) Section 12001(d) of the Department of Defense
    Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
    1011) is amended by striking ``2018'' and inserting
    ``2019''.
    (B) Section 514(b)(2)(A) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
    striking ``and 2018'' and inserting ``2018, and 2019''.
    (8) <>  Accountability review
    boards.--The authority provided by section 301(a)(3) of the
    Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
    U.S.C. 4831(a)(3)) shall be in effect for facilities in
    Afghanistan through September 30, 2018, except that the
    notification and reporting requirements contained in such
    section shall include the Committees on Appropriations.

    (m) Monitoring and Evaluation.--Funds appropriated by this Act that
    are available for monitoring and evaluation of assistance under the
    headings ``Development Assistance'', ``International Disaster
    Assistance'' and ``Migration and Refugee Assistance'' shall, as
    appropriate, be made available for the regular collection of feedback
    obtained directly from beneficiaries on the quality and relevance of
    such assistance:  Provided, That the Department of State and USAID
    shall, as appropriate, require implementing partners that receive funds
    under such headings to establish procedures for regularly collecting and
    responding to such feedback, inform the Department of State and USAID of
    such procedures, and report to the Department of State and USAID on
    actions taken in response to the feedback received:  Provided further,
    That the Department of State and USAID shall conduct regular oversight
    to ensure that such feedback is collected and used by implementing
    partners to maximize the cost-effectiveness and utility of such
    assistance.
    (n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
    Working Capital Fund established pursuant to section 525(b)(1) of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2005 (Public Law 108-447) may be made available for
    pharmaceuticals and other products for child survival, malaria, and
    tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
    products, subject to the terms and conditions in such section:
    Provided, That the authority in section 525(b)(5) of the Foreign
    Operations, Export Financing, and Related Programs Appropriation Act,
    2005 (Public Law 108-447) shall be exercised by the Assistant
    Administrator for Global Health, USAID, with respect to funds deposited
    for such non-HIV/AIDS pharmaceuticals and other products, and shall be
    subject to the regular notification procedures of the Committees on
    Appropriations:  Provided further, That the Secretary of State shall
    include in the congressional budget justification an accounting of
    budgetary resources, disbursements, balances, and reimbursements related
    to such fund.
    (o) Loans and Enterprise Funds.--
    (1) Loan guarantees.--Funds appropriated under the headings
    ``Economic Support Fund'' and ``Assistance for Europe, Eurasia
    and Central Asia'' by this Act and prior Acts making
    appropriations for the Department of State, foreign operations,

    [[Page 897]]

    and related programs may be made available for the costs, as
    defined in section 502 of the Congressional Budget Act of 1974,
    of loan guarantees for Egypt, Jordan, Iraq, Tunisia, and
    Ukraine, which are authorized to be provided:  Provided, That
    amounts made available under this paragraph for the costs of
    such guarantees shall not be considered assistance for the
    purposes of provisions of law limiting assistance to a country.
    (2) Enterprise funds.--Funds appropriated under the heading
    ``Economic Support Fund'' in this Act may be made available to
    establish and operate one or more enterprise funds for Egypt,
    Jordan, and Tunisia:  Provided, That the first, third and fifth
    provisos under section 7041(b) of the Department of State,
    Foreign Operations, and Related Programs Appropriations Act,
    2012 (division I of Public Law 112-74) shall apply to funds
    appropriated by this Act under the heading ``Economic Support
    Fund'' for an enterprise fund or funds to the same extent and in
    the same manner as such provision of law applied to funds made
    available under such section (except that the clause excluding
    subsection (d)(3) of section 201 of the SEED Act shall not
    apply):  Provided further, That in addition to the previous
    proviso, the authorities in the matter preceding the first
    proviso of such section may apply to any such enterprise fund or
    funds:  Provided further, That the authority of any such
    enterprise fund or funds to provide assistance shall cease to be
    effective on December 31, 2028.
    (3) Designation requirement.--Funds made available pursuant
    to paragraph (1) from prior Acts making appropriations for the
    Department of State, foreign operations, and related programs
    that were previously designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
    Deficit Control Act of 1985 are designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant
    to section 251(b)(2)(A)(ii) of such Act.
    (4) Consultation and notification.--Funds made available
    pursuant to the authorities of this subsection shall be subject
    to prior consultation with the appropriate congressional
    committees, and subject to the regular notification procedures
    of the Committees on Appropriations.

    (p) <>  Local Works.--
    (1) The ``Small Grants Program'' established pursuant to
    section 7080 of the Department of State, Foreign Operations, and
    Related Programs Appropriations Act, 2015 (division J of Public
    Law 113-235) shall hereafter be referred to as ``Local Works''.
    (2) Of the funds appropriated by this Act under the headings
    ``Development Assistance'', ``Economic Support Fund'', and
    ``Assistance for Europe, Eurasia and Central Asia'', not less
    than $47,000,000 shall be made available for Local Works
    pursuant to section 7080 of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2015
    (division J of Public Law 113-235), which may remain available
    until September 30, 2022.

    [[Page 898]]

    (3) For the purposes of section 7080 of the Department of
    State, Foreign Operations, and Related Programs Appropriations
    Act, 2015 (division J of Public Law 113-235), ``eligible
    entities'' shall be defined as small local, international, and
    United States-based nongovernmental organizations, educational
    institutions, and other small entities that have received less
    than a total of $5,000,000 from USAID over the previous 5 fiscal
    years:  Provided, That departments or centers of such
    educational institutions may be considered individually in
    determining such eligibility.

    (q) Department of State Inspector General Waiver Authority.--The
    Inspector General of the Department of State may waive the provisions of
    subsections (a) through (d) of section 824 of the Foreign Service Act of
    1980 (22 U.S.C. 4064) on a case-by-case basis for an annuitant
    reemployed by the Inspector General on a temporary basis, subject to the
    same constraints and in the same manner by which the Secretary of State
    may exercise such waiver authority pursuant to subsection (g) of such
    section.
    (r) Definitions.--
    (1) Appropriate congressional committees.--Unless otherwise
    defined in this Act, for purposes of this Act the term
    ``appropriate congressional committees'' means the Committees on
    Appropriations and Foreign Relations of the Senate and the
    Committees on Appropriations and Foreign Affairs of the House of
    Representatives.
    (2) Funds appropriated by this act and prior acts.--Unless
    otherwise defined in this Act, for purposes of this Act the term
    ``funds appropriated by this Act and prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs'' means funds that remain available for
    obligation, and have not expired.
    (3) <>  International financial
    institutions.--In this Act ``international financial
    institutions'' means the International Bank for Reconstruction
    and Development, the International Development Association, the
    International Finance Corporation, the Inter-American
    Development Bank, the International Monetary Fund, the Asian
    Development Bank, the Asian Development Fund, the Inter-American
    Investment Corporation, the North American Development Bank, the
    European Bank for Reconstruction and Development, the African
    Development Bank, the African Development Fund, and the
    Multilateral Investment Guarantee Agency.
    (4) Southern kordofan reference.--Any reference to Southern
    Kordofan in this or any other Act making appropriations for the
    Department of State, foreign operations, and related programs
    shall be deemed to include portions of Western Kordofan that
    were previously part of Southern Kordofan prior to the 2013
    division of Southern Kordofan.
    (5) <>  USAID.--In this Act, the
    term ``USAID'' means the United States Agency for International
    Development.
    (6) Spend plan.--In this Act, the term ``spend plan'' means
    a plan for the uses of funds appropriated for a particular
    entity, country, program, purpose, or account and which shall
    include, at a minimum, a description of--
    (A) realistic and sustainable goals, criteria for
    measuring progress, and a timeline for achieving such
    goals;

    [[Page 899]]

    (B) amounts and sources of funds by account;
    (C) how such funds will complement other ongoing or
    planned programs; and
    (D) implementing partners, to the maximum extent
    practicable.
    (7) Clarification.--In this Act, the terms ``Assistant
    Secretary'' and ``Under Secretary'' shall include individuals
    appointed by the President and confirmed by the Senate to serve
    in such designated positions, as well as individuals serving in
    acting capacities or performing functions pursuant to alter ego
    delegations with such designated ``Assistant Secretary'' and
    ``Under Secretary'' positions.

    arab league boycott of israel

    Sec. 7035.  It is the sense of the Congress that--
    (1) the Arab League boycott of Israel, and the secondary
    boycott of American firms that have commercial ties with Israel,
    is an impediment to peace in the region and to United States
    investment and trade in the Middle East and North Africa;
    (2) the Arab League boycott, which was regrettably
    reinstated in 1997, should be immediately and publicly
    terminated, and the Central Office for the Boycott of Israel
    immediately disbanded;
    (3) all Arab League states should normalize relations with
    their neighbor Israel;
    (4) the President and the Secretary of State should continue
    to vigorously oppose the Arab League boycott of Israel and find
    concrete steps to demonstrate that opposition by, for example,
    taking into consideration the participation of any recipient
    country in the boycott when determining to sell weapons to said
    country; and
    (5) the President should report to Congress annually on
    specific steps being taken by the United States to encourage
    Arab League states to normalize their relations with Israel to
    bring about the termination of the Arab League boycott of
    Israel, including those to encourage allies and trading partners
    of the United States to enact laws prohibiting businesses from
    complying with the boycott and penalizing businesses that do
    comply.

    palestinian statehood

    Sec. 7036. (a) Limitation on Assistance.--None of the funds
    appropriated under titles III through VI of this Act may be provided to
    support a Palestinian state unless the Secretary of State determines and
    certifies to the appropriate congressional committees that--
    (1) the governing entity of a new Palestinian state--
    (A) has demonstrated a firm commitment to peaceful
    co-existence with the State of Israel; and
    (B) is taking appropriate measures to counter
    terrorism and terrorist financing in the West Bank and
    Gaza, including the dismantling of terrorist
    infrastructures, and is cooperating with appropriate
    Israeli and other appropriate security organizations;
    and
    (2) the Palestinian Authority (or the governing entity of a
    new Palestinian state) is working with other countries in

    [[Page 900]]

    the region to vigorously pursue efforts to establish a just,
    lasting, and comprehensive peace in the Middle East that will
    enable Israel and an independent Palestinian state to exist
    within the context of full and normal relationships, which
    should include--
    (A) termination of all claims or states of
    belligerency;
    (B) respect for and acknowledgment of the
    sovereignty, territorial integrity, and political
    independence of every state in the area through measures
    including the establishment of demilitarized zones;
    (C) their right to live in peace within secure and
    recognized boundaries free from threats or acts of
    force;
    (D) freedom of navigation through international
    waterways in the area; and
    (E) a framework for achieving a just settlement of
    the refugee problem.

    (b) Sense of Congress.--It is the sense of Congress that the
    governing entity should enact a constitution assuring the rule of law,
    an independent judiciary, and respect for human rights for its citizens,
    and should enact other laws and regulations assuring transparent and
    accountable governance.
    (c) Waiver.--The President may waive subsection (a) if the President
    determines that it is important to the national security interest of the
    United States to do so.
    (d) Exemption.--The restriction in subsection (a) shall not apply to
    assistance intended to help reform the Palestinian Authority and
    affiliated institutions, or the governing entity, in order to help meet
    the requirements of subsection (a), consistent with the provisions of
    section 7040 of this Act (``Limitation on Assistance for the Palestinian
    Authority'').

    restrictions concerning the palestinian authority

    Sec. 7037.  None of the funds appropriated under titles II through
    VI of this Act may be obligated or expended to create in any part of
    Jerusalem a new office of any department or agency of the United States
    Government for the purpose of conducting official United States
    Government business with the Palestinian Authority over Gaza and Jericho
    or any successor Palestinian governing entity provided for in the
    Israel-PLO Declaration of Principles:  Provided, That this restriction
    shall not apply to the acquisition of additional space for the existing
    Consulate General in Jerusalem:  Provided further, That meetings between
    officers and employees of the United States and officials of the
    Palestinian Authority, or any successor Palestinian governing entity
    provided for in the Israel-PLO Declaration of Principles, for the
    purpose of conducting official United States Government business with
    such authority should continue to take place in locations other than
    Jerusalem:  Provided further, That as has been true in the past,
    officers and employees of the United States Government may continue to
    meet in Jerusalem on other subjects with Palestinians (including those
    who now occupy positions in the Palestinian Authority), have social
    contacts, and have incidental discussions.

    [[Page 901]]

    prohibition on assistance to the palestinian broadcasting corporation

    Sec. 7038.  None of the funds appropriated or otherwise made
    available by this Act may be used to provide equipment, technical
    support, consulting services, or any other form of assistance to the
    Palestinian Broadcasting Corporation.

    assistance for the west bank and gaza

    Sec. 7039. (a) Oversight.--For fiscal year 2018, 30 days prior to
    the initial obligation of funds for the bilateral West Bank and Gaza
    Program, the Secretary of State shall certify to the Committees on
    Appropriations that procedures have been established to assure the
    Comptroller General of the United States will have access to appropriate
    United States financial information in order to review the uses of
    United States assistance for the Program funded under the heading
    ``Economic Support Fund'' for the West Bank and Gaza.
    (b) Vetting.--Prior to the obligation of funds appropriated by this
    Act under the heading ``Economic Support Fund'' for assistance for the
    West Bank and Gaza, the Secretary of State shall take all appropriate
    steps to ensure that such assistance is not provided to or through any
    individual, private or government entity, or educational institution
    that the Secretary knows or has reason to believe advocates, plans,
    sponsors, engages in, or has engaged in, terrorist activity nor, with
    respect to private entities or educational institutions, those that have
    as a principal officer of the entity's governing board or governing
    board of trustees any individual that has been determined to be involved
    in, or advocating terrorist activity or determined to be a member of a
    designated foreign terrorist organization:  Provided, That the Secretary
    of State shall, as appropriate, establish procedures specifying the
    steps to be taken in carrying out this subsection and shall terminate
    assistance to any individual, entity, or educational institution which
    the Secretary has determined to be involved in or advocating terrorist
    activity.
    (c) Prohibition.--
    (1) Recognition of acts of terrorism.--None of the funds
    appropriated under titles III through VI of this Act for
    assistance under the West Bank and Gaza Program may be made
    available for--
    (A) the purpose of recognizing or otherwise honoring
    individuals who commit, or have committed acts of
    terrorism; and
    (B) any educational institution located in the West
    Bank or Gaza that is named after an individual who the
    Secretary of State determines has committed an act of
    terrorism.
    (2) Security assistance and reporting requirement.--
    Notwithstanding any other provision of law, none of the funds
    made available by this or prior appropriations Acts, including
    funds made available by transfer, may be made available for
    obligation for security assistance for the West Bank and Gaza
    until the Secretary of State reports to the Committees on
    Appropriations on the benchmarks that have been established for
    security assistance for the West Bank and Gaza and reports on
    the extent of Palestinian compliance with such benchmarks.

    [[Page 902]]

    (d) Oversight by the United States Agency for International
    Development.--
    (1) The Administrator of the United States Agency for
    International Development shall ensure that Federal or non-
    Federal audits of all contractors and grantees, and significant
    subcontractors and sub-grantees, under the West Bank and Gaza
    Program, are conducted at least on an annual basis to ensure,
    among other things, compliance with this section.
    (2) Of the funds appropriated by this Act, up to $1,000,000
    may be used by the Office of Inspector General of the United
    States Agency for International Development for audits,
    investigations, and other activities in furtherance of the
    requirements of this subsection:  Provided, That such funds are
    in addition to funds otherwise available for such purposes.

    (e) Comptroller General of the United States Audit.--Subsequent to
    the certification specified in subsection (a), the Comptroller General
    of the United States shall conduct an audit and an investigation of the
    treatment, handling, and uses of all funds for the bilateral West Bank
    and Gaza Program, including all funds provided as cash transfer
    assistance, in fiscal year 2018 under the heading ``Economic Support
    Fund'', and such audit shall address--
    (1) the extent to which such Program complies with the
    requirements of subsections (b) and (c); and
    (2) an examination of all programs, projects, and activities
    carried out under such Program, including both obligations and
    expenditures.

    (f) Notification Procedures.--Funds made available in this Act for
    West Bank and Gaza shall be subject to the regular notification
    procedures of the Committees on Appropriations.
    (g) Report.--Not later than 180 days after enactment of this Act,
    the Secretary of State shall submit a report to the Committees on
    Appropriations updating the report contained in section 2106 of chapter
    2 of title II of the Emergency Supplemental Appropriations Act for
    Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law
    109-13).

    limitation on assistance for the palestinian authority

    Sec. 7040. (a) Prohibition of Funds.--None of the funds appropriated
    by this Act to carry out the provisions of chapter 4 of part II of the
    Foreign Assistance Act of 1961 may be obligated or expended with respect
    to providing funds to the Palestinian Authority.
    (b) Waiver.--The prohibition included in subsection (a) shall not
    apply if the President certifies in writing to the Speaker of the House
    of Representatives, the President pro tempore of the Senate, and the
    Committees on Appropriations that waiving such prohibition is important
    to the national security interest of the United States.
    (c) Period of Application of Waiver.--Any waiver pursuant to
    subsection (b) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
    (d) Report.--Whenever the waiver authority pursuant to subsection
    (b) is exercised, the President shall submit a report to the Committees
    on Appropriations detailing the justification for

    [[Page 903]]

    the waiver, the purposes for which the funds will be spent, and the
    accounting procedures in place to ensure that the funds are properly
    disbursed:  Provided, That the report shall also detail the steps the
    Palestinian Authority has taken to arrest terrorists, confiscate weapons
    and dismantle the terrorist infrastructure.
    (e) Certification.--If the President exercises the waiver authority
    under subsection (b), the Secretary of State must certify and report to
    the Committees on Appropriations prior to the obligation of funds that
    the Palestinian Authority has established a single treasury account for
    all Palestinian Authority financing and all financing mechanisms flow
    through this account, no parallel financing mechanisms exist outside of
    the Palestinian Authority treasury account, and there is a single
    comprehensive civil service roster and payroll, and the Palestinian
    Authority is acting to counter incitement of violence against Israelis
    and is supporting activities aimed at promoting peace, coexistence, and
    security cooperation with Israel.
    (f) Prohibition to Hamas and the Palestine Liberation
    Organization.--
    (1) None of the funds appropriated in titles III through VI
    of this Act may be obligated for salaries of personnel of the
    Palestinian Authority located in Gaza or may be obligated or
    expended for assistance to Hamas or any entity effectively
    controlled by Hamas, any power-sharing government of which Hamas
    is a member, or that results from an agreement with Hamas and
    over which Hamas exercises undue influence.
    (2) Notwithstanding the limitation of paragraph (1),
    assistance may be provided to a power-sharing government only if
    the President certifies and reports to the Committees on
    Appropriations that such government, including all of its
    ministers or such equivalent, has publicly accepted and is
    complying with the principles contained in section 620K(b)(1)
    (A) and (B) of the Foreign Assistance Act of 1961, as amended.
    (3) The President may exercise the authority in section
    620K(e) of the Foreign Assistance Act of 1961, as added by the
    Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with
    respect to this subsection.
    (4) Whenever the certification pursuant to paragraph (2) is
    exercised, the Secretary of State shall submit a report to the
    Committees on Appropriations within 120 days of the
    certification and every quarter thereafter on whether such
    government, including all of its ministers or such equivalent
    are continuing to comply with the principles contained in
    section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
    1961, as amended:  Provided, That the report shall also detail
    the amount, purposes and delivery mechanisms for any assistance
    provided pursuant to the abovementioned certification and a full
    accounting of any direct support of such government.
    (5) None of the funds appropriated under titles III through
    VI of this Act may be obligated for assistance for the Palestine
    Liberation Organization.

    middle east and north africa

    Sec. 7041. (a) Egypt.--
    (1) Certification and report.--Funds appropriated by this
    Act that are available for assistance for Egypt may be

    [[Page 904]]

    made available notwithstanding any other provision of law
    restricting assistance for Egypt, except for this subsection and
    section 620M of the Foreign Assistance Act of 1961, and may only
    be made available for assistance for the Government of Egypt if
    the Secretary of State certifies and reports to the Committees
    on Appropriations that such government is--
    (A) sustaining the strategic relationship with the
    United States; and
    (B) meeting its obligations under the 1979 Egypt-
    Israel Peace Treaty.
    (2) Economic support fund.--
    (A) Funding.--Of the funds appropriated by this Act
    under the heading ``Economic Support Fund'', up to
    $112,500,000 may be made available for assistance for
    Egypt, of which not less than $35,000,000 should be made
    available for higher education programs including not
    less than $10,000,000 for scholarships for Egyptian
    students with high financial need to attend not-for-
    profit institutions of higher education:  Provided, That
    such funds shall be made available for democracy
    programs, and for development programs in the Sinai:
    Provided further, That such funds may not be made
    available for cash transfer assistance or budget support
    unless the Secretary of State certifies and reports to
    the appropriate congressional committees that the
    Government of Egypt is taking consistent and effective
    steps to stabilize the economy and implement market-
    based economic reforms.
    (B) Withholding.--The Secretary of State shall
    withhold from obligation funds appropriated by this Act
    under the heading ``Economic Support Fund'' for
    assistance for Egypt, an amount of such funds that the
    Secretary determines to be equivalent to that expended
    by the United States Government for bail, and by
    nongovernmental organizations for legal and court fees,
    associated with democracy-related trials in Egypt until
    the Secretary certifies and reports to the Committees on
    Appropriations that the Government of Egypt has
    dismissed the convictions issued by the Cairo Criminal
    Court on June 4, 2013, in ``Public Prosecution Case No.
    1110 for the Year 2012''.
    (C) Limitation.--None of the funds appropriated by
    this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related
    programs under the heading ``Economic Support Fund'' may
    be made available for a contribution, voluntary or
    otherwise, to the ``Civil Associations and Foundations
    Support Fund'', or any similar fund, established
    pursuant to Law 70 on Associations and Other Foundations
    Working in the Field of Civil Work published in the
    Official Gazette of Egypt on May 29, 2017.
    (3) Foreign military financing program.--
    (A) Certification.--Of the funds appropriated by
    this Act under the heading ``Foreign Military Financing
    Program'', up to $1,300,000,000, to remain available
    until September 30, 2019, may be made available for
    assistance for Egypt:  Provided, That such funds may be
    transferred to an interest bearing account in the
    Federal Reserve Bank of New York, following consultation
    with the Committees

    [[Page 905]]

    on Appropriations:  Provided further, That $300,000,000
    of such funds shall be withheld from obligation until
    the Secretary of State certifies and reports to the
    Committees on Appropriations that the Government of
    Egypt is taking sustained and effective steps to--
    (i) advance democracy and human rights in
    Egypt, including to govern democratically and
    protect religious minorities and the rights of
    women, which are in addition to steps taken during
    the previous calendar year for such purposes;
    (ii) implement reforms that protect freedoms
    of expression, association, and peaceful assembly,
    including the ability of civil society
    organizations, human rights defenders, and the
    media to function without interference;
    (iii) release political prisoners and provide
    detainees with due process of law;
    (iv) hold Egyptian security forces
    accountable, including officers credibly alleged
    to have violated human rights;
    (v) investigate and prosecute cases of
    extrajudicial killings and forced disappearances;
    and
    (vi) provide regular access for United States
    officials to monitor such assistance in areas
    where the assistance is used:
    Provided further, That the certification requirement
    of this paragraph shall not apply to funds appropriated
    by this Act under such heading for counterterrorism,
    border security, and nonproliferation programs for
    Egypt.
    (B) Waiver.--The Secretary of State may waive the
    certification requirement in subparagraph (A) if the
    Secretary determines and reports to the Committees on
    Appropriations that to do so is important to the
    national security interest of the United States, and
    submits a report to such Committees containing a
    detailed justification for the use of such waiver and
    the reasons why any of the requirements of subparagraph
    (A) cannot be met, and including an assessment of the
    compliance of the Government of Egypt with United
    Nations Security Council Resolution 2270 and other such
    resolutions regarding North Korea:  Provided, That the
    report required by this paragraph shall be submitted in
    unclassified form, but may be accompanied by a
    classified annex.
    (4) Oversight requirement.--The Secretary of State shall
    take all practicable steps to ensure that mechanisms are in
    place for monitoring, oversight, and control of funds made
    available by this subsection for assistance for Egypt.
    (5) Consultation requirement.--Not later than 90 days after
    enactment of this Act, the Secretary of State shall consult with
    the Committees on Appropriations on any plan to restructure
    military assistance for Egypt.

    (b) Iran.--
    (1) Funding.--Funds appropriated by this Act under the
    headings ``Diplomatic and Consular Programs'', ``Economic
    Support Fund'', and ``Nonproliferation, Anti-terrorism, Demining
    and Related Programs'' shall be used by the Secretary of State--

    [[Page 906]]

    (A) to support the United States policy to prevent
    Iran from achieving the capability to produce or
    otherwise obtain a nuclear weapon;
    (B) to support an expeditious response to any
    violation of the Joint Comprehensive Plan of Action or
    United Nations Security Council Resolution 2231;
    (C) to support the implementation and enforcement of
    sanctions against Iran for support of terrorism, human
    rights abuses, and ballistic missile and weapons
    proliferation; and
    (D) for democracy programs for Iran, to be
    administered by the Assistant Secretary for Near Eastern
    Affairs, Department of State, in consultation with the
    Assistant Secretary for Democracy, Human Rights, and
    Labor, Department of State.
    (2) Continuation of prohibition.--The terms and conditions
    of section 7041(c)(2) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2012
    (division I of Public Law 112-74) shall continue in effect
    during fiscal year 2018.
    (3) Reports.--
    (A) Semi-annual report.--The Secretary of State
    shall submit to the Committees on Appropriations the
    semi-annual report required by section 135 of the Atomic
    Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as added by
    section 2 of the Iran Nuclear Agreement Review Act of
    2015 (Public Law 114-17).
    (B) Sanctions report.--Not later than 180 days after
    the date of enactment of this Act, the Secretary of
    State, in consultation with the Secretary of the
    Treasury, shall submit to the appropriate congressional
    committees a report on the status of the implementation
    and enforcement of bilateral United States and
    multilateral sanctions against Iran and actions taken by
    the United States and the international community to
    enforce such sanctions against Iran:  Provided, That the
    report shall also include any entities involved in
    providing significant support for the development of a
    ballistic missile by the Government of Iran after
    October 1, 2015, including shipping and financing, and
    note whether such entities are currently under United
    States sanctions:  Provided further, That such report
    shall be submitted in an unclassified form, but may
    contain a classified annex if necessary.

    (c) Iraq.--
    (1) Purposes.--Funds appropriated by this Act shall be made
    available for assistance for Iraq to promote governance and
    security, and for stabilization programs, including in the
    Kurdistan Region of Iraq and other areas impacted by the
    conflict in Syria, and among religious and ethnic minority
    populations in Iraq:  Provided, That such assistance shall be
    provided in accordance with the Constitution of Iraq:  Provided
    further, That funds appropriated by this Act under the headings
    ``International Disaster Assistance'' and ``Migration and
    Refugee Assistance'' should be made available for assistance for
    the Kurdistan Region of Iraq to address the needs of internally

    [[Page 907]]

    displaced persons and refugees:  Provided further, That the
    Secretary of State shall consult with the Committees on
    Appropriations prior to obligating funds made available for the
    Kurdistan Region of Iraq.
    (2) Basing rights agreement.--None of the funds appropriated
    or otherwise made available by this Act may be used by the
    Government of the United States to enter into a permanent basing
    rights agreement between the United States and Iraq.

    (d) Jordan.--Of the funds appropriated by this Act under titles III
    and IV, not less than $1,525,000,000 shall be made available for
    assistance for Jordan, of which: not less than $1,082,400,000 shall be
    made available under the heading ``Economic Support Fund'', of which not
    less than $745,100,000 shall be made available for budget support for
    the Government of Jordan; and not less than $425,000,000 shall be made
    available under the heading ``Foreign Military Financing Program''.
    (e) Lebanon.--
    (1) Limitation.--None of the funds appropriated by this Act
    may be made available for the Lebanese Internal Security Forces
    (ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF
    is controlled by a foreign terrorist organization, as designated
    pursuant to section 219 of the Immigration and Nationality Act
    (8 U.S.C. 1189).
    (2) Consultation.--Funds appropriated by this Act under the
    headings ``International Narcotics Control and Law Enforcement''
    and ``Foreign Military Financing Program'' that are available
    for assistance for Lebanon may be made available for programs
    and equipment for the ISF and the LAF to address security and
    stability requirements in areas affected by the conflict in
    Syria, following consultation with the appropriate congressional
    committees.
    (3) Economic support fund.--Funds appropriated by this Act
    under the heading ``Economic Support Fund'' that are available
    for assistance for Lebanon may be made available notwithstanding
    section 1224 of the Foreign Relations Authorization Act, Fiscal
    Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
    (4) Foreign military financing program.--In addition to the
    activities described in paragraph (2), funds appropriated by
    this Act under the heading ``Foreign Military Financing
    Program'' for assistance for Lebanon may be made available only
    to professionalize the LAF and to strengthen border security and
    combat terrorism, including training and equipping the LAF to
    secure Lebanon's borders, interdicting arms shipments,
    preventing the use of Lebanon as a safe haven for terrorist
    groups, and to implement United Nations Security Council
    Resolution 1701:  Provided, That funds may not be obligated for
    assistance for the LAF until the Secretary of State submits to
    the Committees on Appropriations a spend plan, including actions
    to be taken to ensure equipment provided to the LAF is only used
    for the intended purposes, except such plan may not be
    considered as meeting the notification requirements under
    section 7015 of this Act or under section 634A of the Foreign
    Assistance Act of 1961, and shall be submitted not later than
    September 1, 2018:  Provided further, That any notification
    submitted pursuant to such sections shall

    [[Page 908]]

    include any funds specifically intended for lethal military
    equipment.

    (f) Libya.--
    (1) Funding.--Funds appropriated by titles III and IV of
    this Act shall be made available for assistance for Libya for
    programs to strengthen governing institutions and civil society,
    improve border security, and promote stability in Libya, and for
    activities to address the humanitarian needs of the people of
    Libya:  Provided, That section 7015(j) of this Act regarding
    notification of assistance diverted or destroyed shall apply to
    funds made available for assistance for Libya.
    (2) Limitations.--
    (A) Cooperation on the september 2012 attack on
    united states personnel and facilities.--None of the
    funds appropriated by this Act may be made available for
    assistance for the central Government of Libya unless
    the Secretary of State certifies and reports to the
    Committees on Appropriations that such government is
    cooperating with United States Government efforts to
    investigate and bring to justice those responsible for
    the attack on United States personnel and facilities in
    Benghazi, Libya in September 2012:  Provided, That the
    limitation in this paragraph shall not apply to funds
    made available for the purpose of protecting United
    States Government personnel or facilities.
    (B) Infrastructure projects.--The limitation on the
    uses of funds in section 7041(f)(2) of the Department of
    State, Foreign Operations, and Related Programs
    Appropriations Act, 2014 (division K of Public Law 113-
    76) shall apply to funds appropriated by this Act that
    are made available for assistance for Libya.
    (3) Certification.--Prior to the initial obligation of funds
    made available by this Act for assistance for Libya, the
    Secretary of State shall certify and report to the Committees on
    Appropriations that all practicable steps have been taken to
    ensure that mechanisms are in place for monitoring, oversight,
    and control of funds made available by this subsection for
    assistance for Libya.

    (g) Morocco.--
    (1) Availability and consultation requirement.--Funds
    appropriated under title III of this Act shall be made available
    for assistance for the Western Sahara:  Provided, That not later
    than 90 days after enactment of this Act and prior to the
    obligation of such funds, the Secretary of State, in
    consultation with the USAID Administrator, shall consult with
    the Committees on Appropriations on the proposed uses of such
    funds.
    (2) Foreign military financing program.--Funds appropriated
    by this Act under the heading ``Foreign Military Financing
    Program'' that are available for assistance for Morocco may only
    be used for the purposes requested in the Congressional Budget
    Justification, Foreign Operations, Fiscal Year 2017.

    (h) Refugee Assistance in North Africa.--Not later than 45 days
    after enactment of this Act, the Secretary of State, after consultation
    with the United Nations High Commissioner for Refugees and the Executive
    Director of the World Food Programme, shall submit a report to the
    Committees on Appropriations

    [[Page 909]]

    describing steps taken to strengthen monitoring of the delivery of
    humanitarian assistance provided for refugees in North Africa, including
    any steps taken to ensure that all vulnerable refugees are receiving
    such assistance.
    (i) North Africa Strategy.--Not later than 60 days after enactment
    of this Act, the Secretary of State, in consultation with the Secretary
    of Defense, shall submit to the appropriate congressional committees a
    strategy for United States engagement in North Africa, which shall
    include detailed information on how diplomatic engagement and assistance
    will be prioritized for such region, including to address economic and
    security needs.
    (j) Relief and Recovery Fund.--
    (1) Funds and transfer authority.--Of the funds appropriated
    by this Act under the headings ``Economic Support Fund'',
    ``International Narcotics Control and Law Enforcement'',
    ``Nonproliferation, Anti-terrorism, Demining and Related
    Programs'', ``Peacekeeping Operations'', and ``Foreign Military
    Financing Program'', not less than $500,000,000 shall be made
    available for the Relief and Recovery Fund for assistance for
    areas liberated from, at risk from, or under the control of, the
    Islamic State of Iraq and Syria, other terrorist organizations,
    or violent extremist organizations in the Middle East and
    Africa, including for stabilization assistance for vulnerable
    ethnic and religious minority communities affected by conflict:
    Provided, That such funds are in addition to amounts otherwise
    made available for such purposes and to amounts specifically
    designated in this Act or in the explanatory statement described
    in section 4 (in the matter preceding division A of this
    consolidated Act) for assistance for countries:  Provided
    further, That such funds appropriated under such headings may be
    transferred to, and merged with, funds appropriated under such
    headings:  Provided further, That such transfer authority is in
    addition to any other transfer authority provided by this Act or
    any other Act, and is subject to the regular notification
    procedures of the Committees on Appropriations.
    (2) Transitional justice.--Of the funds appropriated by this
    Act under the heading ``International Narcotics Control and Law
    Enforcement'' that are made available for the Relief and
    Recovery Fund, not less than $5,000,000 shall be made available
    for programs to promote accountability in Iraq and Syria for
    genocide, crimes against humanity, and war crimes, which shall
    be in addition to any other funds made available by this Act for
    such purposes:  Provided, That such programs shall include
    components to develop local investigative and judicial skills,
    and to collect and preserve evidence and maintain the chain of
    custody of evidence, including for use in prosecutions:
    Provided further, That such funds shall be administered by the
    Special Coordinator for the Office of Global Criminal Justice,
    Department of State:  Provided further, That funds made
    available by this paragraph shall only be made available on an
    open and competitive basis.
    (3) Cost-matching basis.--Funds appropriated pursuant to
    paragraph (1) shall be made available to the maximum extent
    practicable on a cost-matching basis from sources other than the
    United States Government.

    (k) Syria.--

    [[Page 910]]

    (1) Non-lethal assistance.--Funds appropriated by this Act
    under the headings ``Economic Support Fund'', ``International
    Narcotics Control and Law Enforcement'', and ``Peacekeeping
    Operations'' shall be made available, to the extent practicable
    and notwithstanding any other provision of law, for non-lethal
    assistance to address the needs of civilians affected by
    conflict in Syria, and programs that seek to--
    (A) establish local governance in Syria that is
    representative, inclusive, and accountable;
    (B) empower women through political and economic
    programs, and address the psychosocial needs of women
    and their families in Syria and neighboring countries;
    (C) develop and implement political processes that
    are democratic, transparent, and strengthen the rule of
    law;
    (D) further the legitimacy and viability of the
    Syrian opposition, including local government structures
    in Syria and through cross-border programs;
    (E) develop and sustain civil society and
    independent media in Syria;
    (F) promote stability and economic development in
    Syria;
    (G) document, investigate, and prosecute human
    rights violations in Syria, including through
    transitional justice programs and support for
    nongovernmental organizations;
    (H) expand the role of women in negotiations to end
    the violence and in any political transition in Syria;
    (I) assist Syrian refugees whose education has been
    interrupted by the ongoing conflict to complete higher
    education requirements at universities and other
    academic institutions in the region, and through
    distance learning;
    (J) assist vulnerable populations in Syria and in
    neighboring countries;
    (K) protect and preserve the cultural identity of
    the people of Syria as a counterbalance to extremism,
    particularly those living in neighboring countries and
    among youth;
    (L) protect and preserve cultural heritage sites in
    Syria, particularly those damaged and destroyed by
    extremists;
    (M) counter extremism in Syria; and
    (N) facilitate the return of displaced persons to
    liberated areas in Syria.
    (2) Demining and unexploded ordnance clearance.--Funds
    appropriated by this Act under the heading ``Nonproliferation,
    Anti-terrorism, Demining and Related Programs'' for assistance
    for Syria shall be made available for demining and unexploded
    ordnance clearance programs.
    (3) Strategy and syrian organizations.--Funds appropriated
    by this Act that are made available for assistance for Syria
    pursuant to the authority of this subsection--
    (A) may only be made available after the Secretary
    of State, in consultation with the heads of relevant
    United States Government agencies, submits, in
    classified form if necessary, an update to the
    comprehensive strategy required in section 7041(i)(3) of
    the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2014 (division K of Public
    Law 113-76); and

    [[Page 911]]

    (B) shall be made available, on an open and
    competitive basis, to continue a program to strengthen
    the capability of Syrian civil society organizations to
    address the immediate and long-term needs of the Syrian
    people in Syria in a manner that supports the
    sustainability of such organizations in implementing
    Syrian-led humanitarian and development programs:
    Provided, That funds made available by this paragraph
    shall be administered by the Bureau for Democracy, Human
    Rights, and Labor, Department of State.
    (4) Limitation.--None of the funds appropriated by this Act
    for assistance for Syria may be made available for a project or
    activity that supports or otherwise legitimizes the Government
    of Iran, foreign terrorist organizations (as designated pursuant
    to section 219 of the Immigration and Nationality Act (8 U.S.C.
    1189)), or a proxy of Iran in Syria.
    (5) Monitoring, oversight, consultation, and notification.--
    (A) Prior to the obligation of funds appropriated by
    this Act and made available for assistance for Syria,
    the Secretary of State shall take all practicable steps
    to ensure that mechanisms are in place for monitoring,
    oversight, and control of such assistance inside Syria.
    (B) Section 7015(j) of this Act regarding the
    notification of assistance diverted or destroyed shall
    apply to funds made available for assistance for Syria.
    (C) Funds made available pursuant to this subsection
    may only be made available following consultation with
    the appropriate congressional committees, and shall be
    subject to the regular notification procedures of the
    Committees on Appropriations.

    (l) Tunisia.--Of the funds appropriated under titles III and IV of
    this Act, not less than $165,400,000 shall be made available for
    assistance for Tunisia.
    (m) West Bank and Gaza.--
    (1) Report on assistance.--Prior to the initial obligation
    of funds made available by this Act under the heading ``Economic
    Support Fund'' for assistance for the West Bank and Gaza, the
    Secretary of State shall report to the Committees on
    Appropriations that the purpose of such assistance is to--
    (A) advance Middle East peace;
    (B) improve security in the region;
    (C) continue support for transparent and accountable
    government institutions;
    (D) promote a private sector economy; or
    (E) address urgent humanitarian needs.
    (2) Limitations.--
    (A)(i) None of the funds appropriated under the
    heading ``Economic Support Fund'' in this Act may be
    made available for assistance for the Palestinian
    Authority, if after the date of enactment of this Act--
    (I) the Palestinians obtain the same standing
    as member states or full membership as a state in
    the United Nations or any specialized agency
    thereof outside an agreement negotiated between
    Israel and the Palestinians; or

    [[Page 912]]

    (II) the Palestinians initiate an
    International Criminal Court (ICC) judicially
    authorized investigation, or actively support such
    an investigation, that subjects Israeli nationals
    to an investigation for alleged crimes against
    Palestinians.
    (ii) The Secretary of State may waive the
    restriction in clause (i) of this subparagraph resulting
    from the application of subclause (I) of such clause if
    the Secretary certifies to the Committees on
    Appropriations that to do so is in the national security
    interest of the United States, and submits a report to
    such Committees detailing how the waiver and the
    continuation of assistance would assist in furthering
    Middle East peace.
    (B)(i) The President may waive the provisions of
    section 1003 of the Foreign Relations Authorization Act,
    Fiscal Years 1988 and 1989 (Public Law 100-204) if the
    President determines and certifies in writing to the
    Speaker of the House of Representatives, the President
    pro tempore of the Senate, and the appropriate
    congressional committees that the Palestinians have not,
    after the date of enactment of this Act--
    (I) obtained in the United Nations or any
    specialized agency thereof the same standing as
    member states or full membership as a state
    outside an agreement negotiated between Israel and
    the Palestinians; and
    (II) initiated or actively supported an ICC
    investigation against Israeli nationals for
    alleged crimes against Palestinians.
    (ii) Not less than 90 days after the President is
    unable to make the certification pursuant to clause (i)
    of this subparagraph, the President may waive section
    1003 of Public Law 100-204 if the President determines
    and certifies in writing to the Speaker of the House of
    Representatives, the President pro tempore of the
    Senate, and the Committees on Appropriations that the
    Palestinians have entered into direct and meaningful
    negotiations with Israel:  Provided, That any waiver of
    the provisions of section 1003 of Public Law 100-204
    under clause (i) of this subparagraph or under previous
    provisions of law must expire before the waiver under
    the preceding sentence may be exercised.
    (iii) Any waiver pursuant to this subparagraph shall
    be effective for no more than a period of 6 months at a
    time and shall not apply beyond 12 months after the
    enactment of this Act.
    (3) Reduction.--The Secretary of State shall reduce the
    amount of assistance made available by this Act under the
    heading ``Economic Support Fund'' for the Palestinian Authority
    by an amount the Secretary determines is equivalent to the
    amount expended by the Palestinian Authority, the Palestine
    Liberation Organization, and any successor or affiliated
    organizations with such entities as payments for acts of
    terrorism by individuals who are imprisoned after being fairly
    tried and convicted for acts of terrorism and by individuals who
    died committing acts of terrorism during the previous calendar
    year:  Provided, That the Secretary shall report to

    [[Page 913]]

    the Committees on Appropriations on the amount reduced for
    fiscal year 2018 prior to the obligation of funds for the
    Palestinian Authority.
    (4) Security report.--The reporting requirements in section
    1404 of the Supplemental Appropriations Act, 2008 (Public Law
    110-252) shall apply to funds made available by this Act,
    including a description of modifications, if any, to the
    security strategy of the Palestinian Authority.
    (5) Incitement report.--Not later than 90 days after
    enactment of this Act, the Secretary of State shall submit a
    report to the appropriate congressional committees detailing
    steps taken by the Palestinian Authority to counter incitement
    of violence against Israelis and to promote peace and
    coexistence with Israel.

    africa

    Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
    Funds appropriated by this Act under the heading ``International
    Military Education and Training'' for the central government of a
    country in the African Great Lakes region may be made available only for
    Expanded International Military Education and Training and professional
    military education until the Secretary of State determines and reports
    to the Committees on Appropriations that such government is not
    facilitating or otherwise participating in destabilizing activities in a
    neighboring country, including aiding and abetting armed groups.
    (b) Boko Haram.--Funds appropriated by this Act that are made
    available for assistance for Cameroon, Chad, Niger, and Nigeria--
    (1) shall be made available for assistance for women and
    girls who are targeted by the terrorist organization Boko Haram,
    consistent with the provisions of section 7059 of this Act, and
    for individuals displaced by Boko Haram violence; and
    (2) may be made available for counterterrorism programs to
    combat Boko Haram.

    (c) Central African Republic.--Funds made available by this Act for
    assistance for the Central African Republic shall be made available for
    reconciliation and peacebuilding programs, including activities to
    promote inter-faith dialogue at the national and local levels, and for
    programs to prevent crimes against humanity.
    (d) Ethiopia.--
    (1) Forced evictions.--
    (A) Funds appropriated by this Act for assistance
    for Ethiopia may not be made available for any activity
    that supports forced evictions.
    (B) The Secretary of the Treasury should instruct
    the United States executive director of each
    international financial institution to use the voice and
    vote of the United States to support projects in
    Ethiopia only if such projects are developed and carried
    out in accordance with the requirements of section
    7029(b)(2) of this Act.
    (2) Consultation.--Programs and activities to improve
    livelihoods shall include prior consultation with, and the
    participation of, affected communities, including in the South
    Omo and Gambella regions.

    [[Page 914]]

    (3) Report.--Not later than 45 days after enactment of this
    Act, the Secretary of State shall submit to the Committees on
    Appropriations the report under this subsection in the
    explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act).

    (e) Lake Chad Basin Countries.--Funds appropriated by this Act that
    are made available for assistance for Cameroon, Chad, Niger, and Nigeria
    should be made available, following consultation with the Committees on
    Appropriations, for--
    (1) democracy programs, including to protect freedom of
    expression, association, assembly, and religion, including
    support for independent journalists, civil society, and
    democratic political parties;
    (2) assistance for governments of such countries to
    strengthen accountability and the rule of law, including within
    the security forces; and
    (3) health and development programs.

    (f) Lord's Resistance Army.--Funds appropriated by this Act shall be
    made available for programs and activities in areas affected by the
    Lord's Resistance Army (LRA) consistent with the goals of the Lord's
    Resistance Army Disarmament and Northern Uganda Recovery Act of 2009
    (Public Law 111-172), including to improve physical access,
    telecommunications infrastructure, and early-warning mechanisms and to
    support the disarmament, demobilization, and reintegration of former LRA
    combatants, especially child soldiers.
    (g) Malawi.--Of the funds appropriated by this Act under the heading
    ``Development Assistance'', not less than $56,000,000 shall be made
    available for assistance for Malawi, of which up to $10,000,000 shall be
    made available for higher education programs.
    (h) South Sudan.--
    (1) Strategy update.--Not later than 60 days after enactment
    of this Act, the Secretary of State, in consultation with the
    USAID Administrator, shall submit an update to the strategy
    required in section 7042(i) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2017
    (division J of Public Law 115-31).
    (2) Certification.--None of the funds appropriated by this
    Act that are available for assistance for the central Government
    of South Sudan may be made available until the Secretary of
    State certifies and reports to the Committees on Appropriations
    that such government is taking effective steps to--
    (A) end hostilities and pursue good faith
    negotiations for a political settlement of the conflict;
    (B) provide access for humanitarian organizations;
    (C) end the recruitment and use of child soldiers;
    (D) protect freedoms of expression, association, and
    assembly;
    (E) reduce corruption related to the extraction and
    sale of oil and gas;
    (F) establish democratic institutions;
    (G) establish accountable military and police forces
    under civilian authority; and
    (H) investigate and prosecute individuals credibly
    alleged to have committed gross violations of human
    rights,

    [[Page 915]]

    including at the Terrain compound in Juba, South Sudan
    on July 11, 2016.
    (3) Exclusions.--The limitation of paragraph (2) shall not
    apply to--
    (A) humanitarian assistance;
    (B) assistance to support South Sudan peace
    negotiations or to advance or implement a peace
    agreement; and
    (C) assistance to support implementation of
    outstanding issues of the Comprehensive Peace Agreement
    and mutual arrangements related to such Agreement.
    (4) Consultation.--Prior to the initial obligation of funds
    made available for the central Government of South Sudan
    pursuant to paragraphs (3)(B) and (C), the Secretary of State
    shall consult with the Committees on Appropriations on the
    intended uses of such funds, steps taken by such government to
    advance or implement a peace agreement, and progress made by the
    Government of South Sudan in meeting the requirements in
    paragraph (2).

    (i) Sudan.--
    (1) Limitations.--
    (A) Assistance.--Notwithstanding any other provision
    of law, none of the funds appropriated by this Act may
    be made available for assistance for the Government of
    Sudan.
    (B) Loans.--None of the funds appropriated by this
    Act may be made available for the cost, as defined in
    section 502 of the Congressional Budget Act of 1974, of
    modifying loans and loan guarantees held by the
    Government of Sudan, including the cost of selling,
    reducing, or canceling amounts owed to the United
    States, and modifying concessional loans, guarantees,
    and credit agreements.
    (2) Exclusions.--The limitations of paragraph (1) shall not
    apply to--
    (A) humanitarian assistance;
    (B) assistance for democracy programs;
    (C) assistance for the Darfur region, Southern
    Kordofan State, Blue Nile State, other marginalized
    areas and populations in Sudan, and Abyei; and
    (D) assistance to support implementation of
    outstanding issues of the Comprehensive Peace Agreement,
    mutual arrangements related to post-referendum issues
    associated with such Agreement, or any other
    internationally recognized viable peace agreement in
    Sudan.

    (j) Zimbabwe.--
    (1) <>  Instruction.--The Secretary
    of the Treasury shall instruct the United States executive
    director of each international financial institution to vote
    against any extension by the respective institution of any loan
    or grant to the Government of Zimbabwe, except to meet basic
    human needs or to promote democracy, unless the Secretary of
    State certifies and reports to the Committees on Appropriations
    that the rule of law has been restored, including respect for
    ownership and title to property, and freedoms of expression,
    association, and assembly.
    (2) Limitation.--None of the funds appropriated by this Act
    shall be made available for assistance for the central

    [[Page 916]]

    Government of Zimbabwe, except for health and education, unless
    the Secretary of State certifies and reports as required in
    paragraph (1), and funds may be made available for macroeconomic
    growth assistance if the Secretary reports to the Committees on
    Appropriations that such government is implementing transparent
    fiscal policies, including public disclosure of revenues from
    the extraction of natural resources.

    east asia and the pacific

    Sec. 7043. (a) Burma.--
    (1) Bilateral economic assistance.--
    (A) Economic support fund.--Funds appropriated by
    this Act under the heading ``Economic Support Fund'' for
    assistance for Burma may be made available
    notwithstanding any other provision of law, except for
    this subsection, and following consultation with the
    appropriate congressional committees.
    (B) Uses.--Funds appropriated under title III of
    this Act for assistance for Burma--
    (i) shall be made available to strengthen
    civil society organizations in Burma and for
    programs to strengthen independent media;
    (ii) shall be made available for community-
    based organizations operating in Thailand to
    provide food, medical, and other humanitarian
    assistance to internally displaced persons in
    eastern Burma, in addition to assistance for
    Burmese refugees from funds appropriated by this
    Act under the heading ``Migration and Refugee
    Assistance'';
    (iii) shall be made available for programs to
    promote ethnic and religious tolerance and to
    combat gender-based violence, including in
    Rakhine, Shan, Kachin, and Karen states;
    (iv) shall be made available to promote rural
    economic development in Burma, including through
    microfinance programs;
    (v) shall be made available to increase
    opportunities for foreign direct investment by
    strengthening the rule of law, transparency, and
    accountability;
    (vi) shall be made available for programs to
    investigate and document allegations of ethnic
    cleansing and other gross violations of human
    rights committed against the Rohingya people in
    Rakhine state at not less than the amount
    specified for such programs in the table under
    this subsection in the explanatory statement
    described in section 4 (in the matter preceding
    division A of this consolidated Act):  Provided,
    That such funds shall be made available for civil
    society organizations in Bangladesh and Burma for
    such purposes:  Provided further, That prior to
    the obligation of such funds, the Assistant
    Secretary for Democracy, Human Rights, and Labor,
    Department of State, shall ensure the
    establishment of a standard documentation format
    and documentation procedures for use by such
    organizations, and shall identify an appropriate
    repository for such information:  Provided
    further, That such

    [[Page 917]]

    sums shall be in addition to funds otherwise made
    available for such purposes;
    (vii) shall be made available for programs to
    investigate and document allegations of gross
    violations of human rights committed in Burma,
    particularly in areas of conflict:  Provided, That
    such funds shall be made available for civil
    society and international organizations, including
    those in countries bordering Burma, at not less
    than the amount specified for such programs in the
    table under this subsection in the explanatory
    statement described in section 4 (in the matter
    preceding division A of this consolidated Act);
    (viii) shall be made available to support the
    implementation of the August 2017 Final Report of
    the Advisory Commission on Rakhine State entitled
    ``Towards a Peaceful, Fair and Prosperous Future
    for the People of Rakhine'';
    (ix) may not be made available to any
    individual or organization if the Secretary of
    State has credible information that such
    individual or organization has committed a gross
    violation of human rights, including against
    Rohingya and other minority groups, or that
    advocates violence against ethnic or religious
    groups or individuals in Burma;
    (x) may not be made available to any
    organization or entity controlled by the armed
    forces of Burma;
    (xi) may be made available for ethnic groups
    and civil society in Burma to help sustain
    ceasefire agreements and further prospects for
    reconciliation and peace, which may include
    support to representatives of ethnic armed groups
    for this purpose; and
    (xii) may only be made available for programs
    to support the return of Rohingya, Karen, and
    other refugees and internally displaced persons to
    their locations of origin or preference in Burma
    if such returns are voluntary and consistent with
    international law.
    (C) Regional programs.--Funds appropriated under
    title III of this Act shall be made available for
    regional programs to address violent extremism, which
    shall be administered by the Mission Director of the
    Regional Development Mission for Asia, USAID.
    (2) International security assistance.--None of the funds
    appropriated by this Act under the headings ``International
    Military Education and Training'' and ``Foreign Military
    Financing Program'' may be made available for assistance for
    Burma:  Provided, That the Department of State may continue
    consultations with the armed forces of Burma only on human
    rights and disaster response in a manner consistent with the
    prior fiscal year, and following consultation with the
    appropriate congressional committees.
    (3) Multilateral assistance.--The Secretary of the Treasury
    should instruct the United States executive director of each
    international financial institution to use the voice and vote of
    the United States to support projects in Burma only if such
    projects are developed and carried out in accordance with the
    requirements of section 7029(b)(2) of this Act.
    (4) Certification and waiver.--

    [[Page 918]]

    (A) Notwithstanding any provision of this
    subsection, of the funds appropriated by this Act under
    the heading ``Economic Support Fund'' that are made
    available for assistance for Burma, 15 percent may not
    be obligated until the Secretary of State certifies and
    reports to the Committees on Appropriations that the
    Government of Burma--
    (i) has terminated military cooperation with
    North Korea;
    (ii) is respecting human rights and the rule
    of law, including the arrest and prosecution of
    journalists and two Kachin pastors in December
    2016;
    (iii) is revising, updating, or repealing
    colonial-era and other oppressive laws that are
    used in such prosecutions, including the Unlawful
    Associations Act; and
    (iv) is credibly investigating the murder of U
    Ko Ni, and is taking steps to protect and defend
    the security and safety of other activists.
    (B) The Secretary of State may waive the
    requirements of this paragraph if the Secretary
    determines and reports to the Committees on
    Appropriations that do so is in the national interest.
    (5) Programs, position, and responsibilities.--
    (A) Any new program or activity in Burma initiated
    in fiscal year 2018 shall be subject to prior
    consultation with the appropriate congressional
    committees.
    (B) Section 7043(b)(7) of the Department of State,
    Foreign Operations, and Related Programs Appropriations
    Act, 2015 (division J of Public Law 113-235) shall
    continue in effect during fiscal year 2018.
    (C) The United States Chief of Mission in Burma, in
    consultation with the Assistant Secretary for Democracy,
    Human Rights, and Labor, Department of State, shall be
    responsible for democracy and human rights programs in
    Burma.

    (b) Cambodia.--
    (1) Assistance.--
    (A) None of the funds appropriated by this Act that
    are made available for assistance for the Government of
    Cambodia may be obligated or expended unless the
    Secretary of State certifies and reports to the
    Committees on Appropriations that such Government is
    taking effective steps to--
    (i) strengthen regional security and
    stability, particularly regarding territorial
    disputes in the South China Sea and the
    enforcement of international sanctions with
    respect to North Korea; and
    (ii) respect the rights and responsibilities
    enshrined in the Constitution of the Kingdom of
    Cambodia as enacted in 1993, including through
    the--
    (I) restoration of the civil and
    political rights of the opposition
    Cambodia National Rescue Party, media,
    and civil society organizations;
    (II) restoration of all elected
    officials to their elected offices; and

    [[Page 919]]

    (III) release of all political
    prisoners, including journalists, civil
    society activists, and members of the
    opposition political party.
    (B) Funds appropriated under title III of this Act
    for assistance for Cambodia shall be made available
    for--
    (i) democracy programs, including research and
    education programs associated with the Khmer Rouge
    in Cambodia, except that no funds for such
    purposes may be made available to the
    Extraordinary Chambers in the Court of Cambodia;
    and
    (ii) programs in the Khmer language to counter
    the influence of the People's Republic of China in
    Cambodia.
    (2) Visa restriction.--Funds appropriated under title I of
    this Act shall be made available to continue to implement the
    policy announced by the Department of State on December 6, 2017,
    to restrict the issuance of visas to enter the United States to
    individuals involved in undermining democracy in Cambodia,
    including the family members of such individuals, as
    appropriate:  Provided, That not later than 30 days after
    enactment of this Act, the Secretary of State shall submit a
    report to the appropriate congressional committees describing
    the implementation of such policy.

    (c) North Korea.--
    (1) Cybersecurity.--None of the funds appropriated by this
    Act and prior Acts making appropriations for the Department of
    State, foreign operations, and related programs may be made
    available for assistance for the central government of a country
    the Secretary of State determines and reports to the appropriate
    congressional committees engages in significant transactions
    contributing materially to the malicious cyber-intrusion
    capabilities of the Government of North Korea:  Provided, That
    the Secretary of State shall submit the report required by
    section 209 of the North Korea Sanctions and Policy Enhancement
    Act of 2016 (Public Law 114-122; 22 U.S.C. 9229), as amended, to
    the Committees on Appropriations in the manner described in
    subparagraph (2)(A) of such section:  Provided further, That the
    Secretary of State may waive the application of the restriction
    in this paragraph with respect to assistance for the central
    government of a country if the Secretary determines and reports
    to the appropriate congressional committees that to do so is
    important to the national security interest of the United
    States, including a description of such interest served.
    (2) Broadcasts.--Funds appropriated by this Act under the
    heading ``International Broadcasting Operations'' shall be made
    available to maintain broadcasting hours into North Korea at
    levels not less than the prior fiscal year.
    (3) Refugees.--Funds appropriated by this Act under the
    heading ``Migration and Refugee Assistance'' should be made
    available for assistance for refugees from North Korea,
    including protection activities in the People's Republic of
    China and other countries in Asia.
    (4) Human rights promotion, database, and limitation on use
    of funds.--
    (A) Human rights promotion.--Of the funds
    appropriated by this Act under the headings ``Economic
    Support

    [[Page 920]]

    Fund'' and ``Democracy Fund'', not less than $8,000,000
    shall be made available for the promotion of human
    rights in North Korea:  Provided, That such funds shall
    be administered by the Assistant Secretary for
    Democracy, Human Rights, and Labor, Department of State:
    Provided further, That the authority of section 7032(b)
    of this Act shall apply to such funds.
    (B) Database.--Funds appropriated by this Act under
    title III shall be made available to maintain a database
    of prisons and gulags in North Korea, in accordance with
    section 7032(i) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act,
    2014 (division K of Public Law 113-76).
    (C) Limitation.--None of the funds made available by
    this Act under the heading ``Economic Support Fund'' may
    be made available for assistance for the Government of
    North Korea.

    (d) People's Republic of China.--
    (1) Limitation on use of funds.--None of the funds
    appropriated under the heading ``Diplomatic and Consular
    Programs'' in this Act may be obligated or expended for
    processing licenses for the export of satellites of United
    States origin (including commercial satellites and satellite
    components) to the People's Republic of China (PRC) unless, at
    least 15 days in advance, the Committees on Appropriations are
    notified of such proposed action.
    (2) People's liberation army.--The terms and requirements of
    section 620(h) of the Foreign Assistance Act of 1961 shall apply
    to foreign assistance projects or activities of the People's
    Liberation Army (PLA) of the PRC, to include such projects or
    activities by any entity that is owned or controlled by, or an
    affiliate of, the PLA:  Provided, That none of the funds
    appropriated or otherwise made available pursuant to this Act
    may be used to finance any grant, contract, or cooperative
    agreement with the PLA, or any entity that the Secretary of
    State has reason to believe is owned or controlled by, or an
    affiliate of, the PLA.
    (3) Counter influence programs.--Funds appropriated by this
    Act for public diplomacy under title I and for assistance under
    titles III and IV shall be made available to counter the
    influence of the PRC, in accordance with the strategy required
    by section 7043(e)(3) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2014
    (division K of Public Law 113-76), following consultation with
    the Committees on Appropriations.
    (4) Authority and notification requirement.--
    (A) Authority.--The uses of funds made available by
    this Act for the promotion of democracy in the PRC,
    except for funds made available under subsection (f),
    shall be the responsibility of the Assistant Secretary
    for Democracy, Human Rights, and Labor, Department of
    State.
    (B) Notification.--Funds appropriated by this Act
    that are made available for trilateral programs
    conducted with the PRC shall be subject to the regular
    notification procedures of the Committees on
    Appropriations.

    (e) Philippines.--Funds appropriated by this Act under the heading
    ``International Narcotics Control and Law Enforcement''

    [[Page 921]]

    may be made available for counternarcotics assistance for the Philippine
    National Police only if the Secretary of State determines and reports to
    the Committees on Appropriations that the Government of the Philippines
    has adopted and is implementing a counternarcotics strategy that is
    consistent with international human rights standards, including
    investigating and prosecuting individuals who are credibly alleged to
    have ordered, committed, or covered up extrajudicial killings and other
    gross violations of human rights in the conduct of counternarcotics
    operations:  Provided, That the limitation of this paragraph shall not
    apply to funds made available for drug demand reduction or maritime
    programs, or to support for the development of such counternarcotics
    strategy following consultation with the appropriate congressional
    committees.
    (f) Tibet.--
    (1) Financing of projects in tibet.--The Secretary of the
    Treasury should instruct the United States executive director of
    each international financial institution to use the voice and
    vote of the United States to support financing of projects in
    Tibet if such projects do not provide incentives for the
    migration and settlement of non-Tibetans into Tibet or
    facilitate the transfer of ownership of Tibetan land and natural
    resources to non-Tibetans, are based on a thorough needs-
    assessment, foster self-sufficiency of the Tibetan people and
    respect Tibetan culture and traditions, and are subject to
    effective monitoring.
    (2) Programs for tibetan communities.--
    (A) Tibet autonomous region.--Notwithstanding any
    other provision of law, of the funds appropriated by
    this Act under the heading ``Economic Support Fund'',
    not less than $8,000,000 shall be made available to
    nongovernmental organizations to support activities
    which preserve cultural traditions and promote
    sustainable development, education, and environmental
    conservation in Tibetan communities in the Tibet
    Autonomous Region and in other Tibetan communities in
    China.
    (B) India and nepal.--Of the funds appropriated by
    this Act under the heading ``Economic Support Fund'',
    not less than $6,000,000 shall be made available for
    programs to promote and preserve Tibetan culture,
    development, and the resilience of Tibetan communities
    in India and Nepal, and to assist in the education and
    development of the next generation of Tibetan leaders
    from such communities:  Provided, That such funds are in
    addition to amounts made available in subparagraph (A)
    for programs inside Tibet.
    (C) Tibetan governance.--Of the funds appropriated
    by this Act under the heading ``Economic Support Fund'',
    not less than $3,000,000 shall be made available for
    programs to strengthen the capacity of Tibetan
    institutions and governance.

    (g) Vietnam.--
    (1) Dioxin remediation.--Notwithstanding any other provision
    of law, of the funds appropriated by this Act under the heading
    ``Economic Support Fund'', not less than $20,000,000 shall be
    made available for activities related to the remediation of
    dioxin contaminated sites in Vietnam and may be made available
    for assistance for the Government of Vietnam, including the
    military, for such purposes.

    [[Page 922]]

    (2) Health and disability programs.--Of the funds
    appropriated by this Act under the heading ``Development
    Assistance'', not less than $10,000,000 shall be made available
    for health and disability programs in areas sprayed with Agent
    Orange and otherwise contaminated with dioxin, to assist
    individuals with severe upper or lower body mobility impairment
    or cognitive or developmental disabilities.

    south and central asia

    Sec. 7044. (a) Afghanistan.--
    (1) Assistance and conditions.--
    (A) Funding and limitations.--Funds appropriated by
    this Act under the headings ``Economic Support Fund''
    and ``International Narcotics Control and Law
    Enforcement'' may be made available for assistance for
    Afghanistan:  Provided, That such funds may not be
    obligated for any project or activity that--
    (i) includes the participation of any Afghan
    individual or organization, including government
    entity, if the Secretary of State has credible
    information that such individual, organization, or
    entity is involved in corrupt practices, illicit
    narcotics production or trafficking, or a
    violation of human rights;
    (ii) cannot be sustained, as appropriate, by
    the Government of Afghanistan or another Afghan
    entity;
    (iii) is not regularly accessible for the
    purposes of conducting effective oversight in
    accordance with applicable Federal statutes and
    regulations;
    (iv) initiates any new, major infrastructure
    development; or
    (v) is conducted in areas where project and
    resource disbursement monitoring cannot be
    performed, unless the Secretary of State, in
    consultation with the Administrator of the United
    States Agency for International Development,
    certifies to the Committees on Appropriations that
    to do so is in the national security interest of
    the United States, and submits a report to such
    Committees describing such interest, including how
    such project or activity does not legitimize the
    Taliban or other extremist organizations.
    (B) Certification and report.--Prior to the initial
    obligation of funds made available by this Act under the
    headings ``Economic Support Fund'' and ``International
    Narcotics Control and Law Enforcement'' for assistance
    for the central Government of Afghanistan, the Secretary
    of State shall certify and report to the Committees on
    Appropriations, after consultation with the Government
    of Afghanistan, that--
    (i) goals and benchmarks for the specific uses
    of such funds have been established by the
    Governments of the United States and Afghanistan;
    (ii) conditions are in place that increase the
    transparency and accountability of the Government
    of Afghanistan for funds obligated under the New
    Development Partnership or other incentive-based
    programs;

    [[Page 923]]

    (iii) the Government of Afghanistan is
    implementing laws and policies to govern
    democratically and protect the rights of
    individuals, civil society, and the media;
    (iv) the Government of Afghanistan is taking
    consistent steps to protect and advance the rights
    of women and girls in Afghanistan;
    (v) the Government of Afghanistan is
    effectively implementing a whole-of-government,
    anti-corruption strategy that has been endorsed by
    the High Council on Rule of Law and Anti-
    Corruption, as agreed to at the Brussels
    Conference on Afghanistan in October 2016, and is
    prosecuting individuals alleged to be involved in
    corrupt or illegal activities in Afghanistan;
    (vi) monitoring and oversight frameworks for
    programs implemented with such funds are in
    accordance with all applicable audit policies of
    the Department of State and USAID, including in
    areas under the control of the Taliban or other
    extremist organizations;
    (vii) the necessary policies and procedures
    are in place to ensure Government of Afghanistan
    compliance with section 7013 of this Act,
    ``Prohibition on Taxation of United States
    Assistance''; and
    (viii) the Government of Afghanistan is
    publicly reporting its national budget, including
    revenues and expenditures.
    (C) Waiver.--The Secretary of State may waive the
    certification requirement of subparagraph (B) if the
    Secretary determines that to do so is important to the
    national security interest of the United States and the
    Secretary submits a report to the Committees on
    Appropriations, in classified form if necessary, on the
    justification for the waiver and the reasons why any of
    the requirements of subparagraph (B) cannot be met.
    (D) Programs.--Funds appropriated by this Act that
    are made available for assistance for Afghanistan shall
    be made available--
    (i) for programs that protect and strengthen
    the rights of women and girls and promote the
    political and economic empowerment of women,
    including their meaningful inclusion in political
    processes:  Provided, That such assistance to
    promote economic empowerment of women shall be
    made available as grants to Afghan organizations,
    to the maximum extent practicable;
    (ii) for programs in South and Central Asia to
    expand linkages between Afghanistan and countries
    in the region; and
    (iii) to assist the Government of Afghanistan
    to develop transparent budgetary processes,
    including executing a consistently applied system
    of legitimate revenue generation and expenditure.
    (E) Taxation.--None of the funds appropriated by
    this Act for assistance for Afghanistan may be made
    available for direct government-to-government assistance
    unless the Secretary of State certifies and reports to
    the Committees on Appropriations that--

    [[Page 924]]

    (i) the United States Government and the
    Government of Afghanistan have in place the
    agreements necessary to ensure compliance with the
    principles set forth in section 7013 of this Act;
    and
    (ii) United States companies and organizations
    that are implementing United States assistance
    programs in Afghanistan in a manner consistent
    with United States laws and regulations are not
    subjected by the Government of Afghanistan to
    taxes or other fees in contravention of the
    agreements referenced in clause (i), and are not
    subjected to retaliation by the Government of
    Afghanistan for the nonpayment of such taxes or
    fees imposed in the past:  Provided, That not
    later than 90 days after enactment of this Act,
    the Secretary of State shall submit to the
    Committees on Appropriations an assessment of the
    dollar value of improper taxes or fees levied by
    such government against such companies and
    organizations in fiscal year 2017.
    (2) Goals and benchmarks.--Not later than 90 days after
    enactment of this Act, the Secretary of State shall submit to
    the appropriate congressional committees a report describing the
    goals and benchmarks required in paragraph (1)(B)(i):  Provided,
    That not later than 6 months after the submission of such report
    and every 6 months thereafter until September 30, 2019, the
    Secretary of State shall submit a report to such committees on
    the status of achieving such goals and benchmarks:  Provided
    further, That the Secretary of State should suspend assistance
    for the Government of Afghanistan if any report required by this
    paragraph indicates that such government is failing to make
    measurable progress in meeting such goals and benchmarks.
    (3) Authorities.--
    (A) Funds appropriated by this Act under title III
    through VI that are made available for assistance for
    Afghanistan may be made available--
    (i) notwithstanding section 7012 of this Act
    or any similar provision of law and section 660 of
    the Foreign Assistance Act of 1961;
    (ii) for reconciliation programs and
    disarmament, demobilization, and reintegration
    activities for former combatants who have
    renounced violence against the Government of
    Afghanistan, in accordance with section
    7046(a)(2)(B)(ii) of the Department of State,
    Foreign Operations, and Related Programs
    Appropriations Act, 2012 (division I of Public Law
    112-74); and
    (iii) for an endowment to empower women and
    girls.
    (B) Section 7046(a)(2)(A) of the Department of
    State, Foreign Operations, and Related Programs
    Appropriations Act, 2012 (division I of Public Law 112-
    74) shall apply to funds appropriated by this Act for
    assistance for Afghanistan.
    (4) Basing rights agreement.--None of the funds made
    available by this Act may be used by the United States
    Government to enter into a permanent basing rights agreement
    between the United States and Afghanistan.

    [[Page 925]]

    (b) Nepal.--
    (1) Assistance.--Not less than $121,480,000 of the funds
    appropriated by this Act under the headings ``Global Health
    Programs'', ``Economic Support Fund'', ``International Narcotics
    Control and Law Enforcement'', and ``Nonproliferation, Anti-
    terrorism, Demining and Related Programs'' shall be made
    available for assistance for Nepal, including for earthquake
    recovery and reconstruction programs.
    (2) Foreign military financing program.--Funds appropriated
    by this Act under the heading ``Foreign Military Financing
    Program'' shall only be made available for humanitarian and
    disaster relief and reconstruction activities in Nepal, and in
    support of international peacekeeping operations:  Provided,
    That such funds may only be made available for any additional
    uses if the Secretary of State certifies and reports to the
    Committees on Appropriations that the Government of Nepal is
    investigating and prosecuting violations of human rights and the
    laws of war, and the Nepal Army is cooperating fully with
    civilian judicial authorities in such cases.

    (c) Pakistan.--
    (1) International security assistance.--
    (A) Limitation.--Funds appropriated by this Act
    under the heading ``Foreign Military Financing Program''
    for assistance for Pakistan may be made available only
    to support counterterrorism and counterinsurgency
    capabilities in Pakistan.
    (B) Consultation.--Not later than 30 days after
    enactment of this Act, and prior to the submission of
    the report required by section 653(a) of the Foreign
    Assistance Act of 1961, the Secretary of State shall
    consult with the Committees on Appropriations on the
    amount of funds appropriated by this Act under the
    heading ``Foreign Military Financing Program'' that is
    anticipated to be subject to the January 2018 policy
    decision of the United States to suspend security
    assistance for Pakistan:  Provided, That the Secretary
    shall promptly inform the appropriate congressional
    committees in writing of any changes to such policy, the
    justification for such changes, and the progress made by
    the Government of Pakistan in meeting the
    counterterrorism objectives described under this section
    in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated
    Act).
    (C) Reprogramming.--Funds appropriated by this Act
    and prior Acts making appropriations for the Department
    of State, foreign operations, and related programs under
    the heading ``Foreign Military Financing Program'' for
    assistance for Pakistan that are withheld from
    obligation or expenditure by the Department of State may
    be reprogrammed by the Secretary of State, except that
    no such funds may be reprogrammed that are required to
    complete payment on existing and previously approved
    contracts:  Provided, That such reprogramming shall be
    subject to the regular notification procedures of the
    Committees on Appropriations.
    (2) Bilateral economic assistance report.--Prior to the
    obligation of funds made available by this Act under the heading
    ``Economic Support Fund'' for assistance for the central

    [[Page 926]]

    Government of Pakistan, the Secretary of State shall submit a
    report to the appropriate congressional committees detailing--
    (A) the amount of financing and other support, if
    any, provided by the Government of Pakistan to schools
    supported by, affiliated with, or run by the Taliban or
    any domestic or foreign terrorist organization in
    Pakistan;
    (B) the extent of cooperation by such government in
    issuing visas in a timely manner for United States
    visitors, including officials and representatives of
    nongovernmental organizations, engaged in assistance and
    security programs in Pakistan; and
    (C) the extent to which such government is providing
    humanitarian organizations access to detainees,
    internally displaced persons, and other Pakistani
    civilians affected by conflict in Pakistan and the
    region.
    (3) Authority and uses of funds.--
    (A) Funds appropriated by this Act for assistance
    for Pakistan may be made available notwithstanding any
    other provision of law, except for section 620M of the
    Foreign Assistance Act of 1961.
    (B) Funds appropriated by this Act for assistance
    for Pakistan that are made available for infrastructure
    projects shall be implemented in a manner consistent
    with section 507(6) of the Trade Act of 1974 (19 U.S.C.
    2467(6)).
    (C) The authorities and directives of section
    7044(d)(4) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act,
    2015 (division J of Public Law 113-235) regarding
    scholarships for women shall apply to funds appropriated
    by this Act for assistance for Pakistan, following
    consultation with the Committees on Appropriations.
    (D) Funds appropriated by this Act under the
    headings ``Economic Support Fund'' and
    ``Nonproliferation, Anti-terrorism, Demining and Related
    Programs'' that are made available for assistance for
    Pakistan shall be made available to interdict precursor
    materials from Pakistan to Afghanistan that are used to
    manufacture improvised explosive devices and for
    agriculture extension programs that encourage
    alternative fertilizer use among Pakistani farmers to
    decrease the dual use of fertilizer in the manufacturing
    of improvised explosive devices.
    (E) Funds appropriated by this Act for assistance
    for Pakistan shall be made available for border security
    programs, following consultation with the Committees on
    Appropriations.
    (F) Funds appropriated by title III of this Act
    shall be made available for programs to promote
    democracy in Pakistan.
    (4) Withholding.--Of the funds appropriated under titles III
    and IV of this Act that are made available for assistance for
    Pakistan, $33,000,000 shall be withheld from obligation until
    the Secretary of State reports to the Committees on
    Appropriations that Dr. Shakil Afridi has been released from
    prison and cleared of all charges relating to the assistance
    provided to the United States in locating Osama bin Laden.

    [[Page 927]]

    (5) Oversight.--The Secretary of State shall take all
    practicable steps to ensure that mechanisms are in place for
    monitoring, oversight, and control of funds made available by
    this subsection for assistance for Pakistan:  Provided, That the
    Secretary shall inform the Committees on Appropriations of such
    steps in a timely manner.

    (d) Sri Lanka.--
    (1) Bilateral economic assistance.--Of the funds
    appropriated under title III of this Act, not less than
    $35,000,000 shall be made available for assistance for Sri Lanka
    for economic development and democracy programs, particularly in
    areas recovering from ethnic and religious conflict:  Provided,
    That such funds shall be made available for programs to assist
    in the identification and resolution of cases of missing
    persons.
    (2) Certification.--Funds appropriated by this Act for
    assistance for the central Government of Sri Lanka may be made
    available only if the Secretary of State certifies and reports
    to the Committees on Appropriations that the Government of Sri
    Lanka is--
    (A) repealing laws that do not comply with
    international standards for arrest and detention by
    security forces, and ensuring that any successor
    legislation meets such standards;
    (B) increasing accountability and transparency in
    governance;
    (C) investigating allegations of arbitrary arrest
    and torture, and supporting a credible justice mechanism
    in compliance with United Nations Human Rights Council
    Resolution (A/HCR/30/L.29) of October 2015;
    (D) returning military occupied private lands in
    former conflict zones to their rightful owners or
    compensating those whose land was confiscated without
    due process, which includes legal steps and surveys to
    determine proper title to disputed lands, and which is
    in addition to steps taken during the previous calendar
    year;
    (E) establishing a functioning office of missing
    persons and assisting its investigations of cases of
    missing persons from Sri Lanka's internal armed
    conflicts, and publishing lists of all persons who
    surrendered to such Government after the end of the
    civil war in May 2009; and
    (F) substantially reducing the presence of the armed
    forces in former conflict zones and implementing a plan
    for restructuring and reducing the size of the armed
    forces to adopt a peacetime role that contributes to
    post-conflict reconciliation and regional security.
    (3) International security assistance.--Funds appropriated
    under title IV of this Act that are available for assistance for
    Sri Lanka shall be subject to the following conditions--
    (A) not to exceed $500,000 under the heading
    ``Foreign Military Financing Program'' may only be made
    available for programs to support humanitarian and
    disaster response preparedness and maritime security;
    and
    (B) funds under the heading ``Peacekeeping
    Operations'' may only be made available for training and
    equipment related to international peacekeeping
    operations, and only if the Government of Sri Lanka is
    taking effective

    [[Page 928]]

    steps to bring to justice Sri Lankan peacekeeping troops
    who have engaged in sexual exploitation and abuse.

    (e) Regional Programs.--
    (1) Cross border programs.--Funds appropriated by this Act
    under the heading ``Economic Support Fund'' for assistance for
    Afghanistan and Pakistan may be provided, notwithstanding any
    other provision of law that restricts assistance to foreign
    countries, for cross border stabilization and development
    programs between Afghanistan and Pakistan, or between either
    country and the Central Asian countries.
    (2) Security and justice programs.--Funds appropriated by
    this Act that are made available for assistance for countries in
    South and Central Asia shall be made available to accelerate the
    recruitment and enhance the retention and professionalism of
    women in the judiciary, police, and other security forces.

    latin america and the caribbean

    Sec. 7045. (a) Central America.--
    (1) Funding.--Subject to the requirements of this
    subsection, of the funds appropriated under titles III and IV of
    this Act, up to $615,000,000 may be made available for
    assistance for countries in Central America to implement the
    United States Strategy for Engagement in Central America (the
    Strategy):  Provided, That such funds shall be made available to
    the maximum extent practicable on a cost-matching basis.
    (2) Pre-obligation requirements.--Prior to the obligation of
    funds made available pursuant to paragraph (1), the Secretary of
    State shall submit to the Committees on Appropriations an
    updated multi-year spend plan as described under this subsection
    in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).
    (3) Assistance for the central governments of el salvador,
    guatemala, and honduras.--Of the funds made available pursuant
    to paragraph (1) that are available for assistance for each of
    the central governments of El Salvador, Guatemala, and Honduras,
    except for funds made available for the International Commission
    against Impunity in Guatemala or the Mission to Support the
    Fight against Corruption and Impunity in Honduras, the following
    amounts shall be withheld from obligation and may only be made
    available as follows:
    (A) 25 percent may only be obligated after the
    Secretary of State certifies and reports to the
    appropriate congressional committees that such
    government is--
    (i) informing its citizens of the dangers of
    the journey to the southwest border of the United
    States;
    (ii) combating human smuggling and
    trafficking;
    (iii) improving border security, including
    preventing illegal migration, human smuggling and
    trafficking, and trafficking of illicit drugs and
    other contraband; and
    (iv) cooperating with United States Government
    agencies and other governments in the region to
    facilitate the return, repatriation, and
    reintegration of illegal migrants arriving at the
    southwest border of

    [[Page 929]]

    the United States who do not qualify for asylum,
    consistent with international law.
    (B) An additional 50 percent may only be obligated
    after the Secretary of State certifies and reports to
    the appropriate congressional committees that such
    government is--
    (i) working cooperatively with an autonomous,
    publicly accountable entity to provide oversight
    of the Plan of the Alliance for Prosperity in the
    Northern Triangle in Central America (the Plan);
    (ii) combating corruption, including
    investigating and prosecuting current and former
    government officials credibly alleged to be
    corrupt;
    (iii) implementing reforms, policies, and
    programs to improve transparency and strengthen
    public institutions, including increasing the
    capacity and independence of the judiciary and the
    Office of the Attorney General;
    (iv) implementing a policy to ensure that
    local communities, civil society organizations
    (including indigenous and other marginalized
    groups), and local governments are consulted in
    the design, and participate in the implementation
    and evaluation of, activities of the Plan that
    affect such communities, organizations, and
    governments;
    (v) countering the activities of criminal
    gangs, drug traffickers, and organized crime;
    (vi) investigating and prosecuting in the
    civilian justice system government personnel,
    including military and police personnel, who are
    credibly alleged to have violated human rights,
    and ensuring that such personnel are cooperating
    in such cases;
    (vii) cooperating with commissions against
    corruption and impunity and with regional human
    rights entities;
    (viii) supporting programs to reduce poverty,
    expand education and vocational training for at-
    risk youth, create jobs, and promote equitable
    economic growth, particularly in areas
    contributing to large numbers of migrants;
    (ix) implementing a plan that includes goals,
    benchmarks, and timelines to create a
    professional, accountable civilian police force
    and end the role of the military in internal
    policing, and make such plan available to the
    Department of State;
    (x) protecting the right of political
    opposition parties, journalists, trade unionists,
    human rights defenders, and other civil society
    activists to operate without interference;
    (xi) increasing government revenues, including
    by implementing tax reforms and strengthening
    customs agencies; and
    (xii) resolving commercial disputes, including
    the confiscation of real property, between United
    States entities and such government.
    (4) Determinations and impact on assistance.--

    [[Page 930]]

    (A) Insufficient progress.--The Secretary of State
    shall periodically review the progress of each of the
    central governments of El Salvador, Guatemala, and
    Honduras in meeting the requirements of paragraphs
    (3)(A) and (3)(B):  Provided, That if the Secretary
    determines and reports to the appropriate congressional
    committees that sufficient progress has not been made by
    such government in meeting such requirements, the
    Secretary shall suspend, in whole or in part, assistance
    for such government for programs supporting such
    requirement, and shall notify the appropriate
    congressional committees in writing of such action:
    Provided further, That the Secretary may resume such
    assistance if the Secretary determines and reports to
    such committees that corrective measures have been taken
    by such government.
    (B) Extraordinary progress.--The Secretary of State
    may, notwithstanding section 7019 of this Act, increase
    assistance for El Salvador, Guatemala, or Honduras if
    the Secretary determines and reports to the appropriate
    congressional committees that the central government of
    such country has made extraordinary progress in meeting
    the requirements of paragraphs (3)(A) and (3)(B):
    Provided, That such increase shall be provided in the
    amounts designated as Award for Extraordinary Progress
    in the table under this section in the explanatory
    statement described in section 4 (in the matter
    preceding division A of this consolidated Act):
    Provided further, That such determination may be made
    for not more than one country and following the
    submission of the reports for such country submitted
    pursuant to paragraphs (3)(A) and (3)(B).
    (C) Change in national government.--Not later than
    90 days following a change of national government in El
    Salvador, Guatemala, or Honduras, the Secretary of State
    shall determine whether or not such government is
    meeting the requirements of paragraphs (3)(A) and (3)(B)
    and submit a report to the appropriate congressional
    committees detailing the reasons for such determination:
    Provided, That if the Secretary determines that such
    government is not meeting such requirements, then the
    Secretary shall suspend, in whole or in part, assistance
    for such central government until such time as such
    determination and report can be made.
    (D) Reprogramming.--
    (i) Assistance suspended pursuant to
    subparagraphs (A) or (C) may be reprogrammed if
    the Secretary of State determines that corrective
    measures have not been taken.
    (ii) If the Secretary is unable to make a
    determination pursuant to subparagraph (B) within
    180 days after enactment of this Act, amounts
    designated under such subparagraph may be
    reprogrammed.
    (iii) Any reprogramming made pursuant to
    clauses (i) or (ii) shall only be made available
    for assistance for other countries in Latin
    America and the Caribbean and shall be subject to
    the regular notification procedures of the
    Committees on Appropriations.

    [[Page 931]]

    (5) Consultation.--The Secretary of State shall consult with
    the Committees on Appropriations not less than 14 days prior to
    submitting any certification made pursuant to subsection (a)(3)
    and any suspension or reprogramming made pursuant to subsection
    (a)(4).
    (6) Limitation.--None of the funds made available by this
    subsection for assistance for countries in Central America may
    be made available for direct government-to-government assistance
    or for major infrastructure projects.

    (b) Colombia.--
    (1) Assistance.--Of the funds appropriated by this Act under
    titles III and IV, not less than $391,253,000 shall be made
    available for assistance for Colombia, including to support the
    efforts of the Government of Colombia to--
    (A) conduct a unified campaign against narcotics
    trafficking, organizations designated as foreign
    terrorist organizations pursuant to section 219 of the
    Immigration and Nationality Act (8 U.S.C. 1189), and
    other criminal or illegal armed groups:  Provided, That
    aircraft supported by funds made available by this Act
    and prior Acts making appropriations for the Department
    of State, foreign operations, and related programs may
    be used to transport personnel and supplies involved in
    drug eradication and interdiction, including security
    for such activities, and to provide transport in support
    of alternative development programs and investigations
    by civilian judicial authorities;
    (B) enhance security and stability in Colombia and
    the region;
    (C) strengthen and expand governance, the rule of
    law, and access to justice throughout Colombia;
    (D) promote economic and social development,
    including by improving access to areas impacted by
    conflict through demining programs; and
    (E) implement a peace agreement between the
    Government of Colombia and illegal armed groups, in
    accordance with constitutional and legal requirements in
    Colombia:
    Provided, That such funds shall be subject to prior
    consultation with, and the regular notification procedures of,
    the Committees on Appropriations.
    (2) Limitation.--None of the funds appropriated by this Act
    or prior Acts making appropriations for the Department of State,
    foreign operations, and related programs that are made available
    for assistance for Colombia may be made available for payment of
    reparations to conflict victims or compensation to demobilized
    combatants associated with a peace agreement between the
    Government of Colombia and illegal armed groups.
    (3) Pre-obligation requirements.--Prior to the initial
    obligation of funds made available pursuant to paragraph (1),
    the Secretary of State, in consultation with the USAID
    Administrator, shall submit to the Committees on Appropriations
    an updated multi-year spend plan as described under this
    subsection in the explanatory statement described in section 4
    (in the matter preceding division A of this consolidated Act).
    (4) Apportionment and transfer.--Funds made available by
    this Act under the heading ``Economic Support Fund'' for
    assistance for Colombia shall be apportioned directly to USAID,

    [[Page 932]]

    except that not less than $7,000,000 of such funds shall be
    transferred to, and merged with, funds appropriated by this Act
    under the heading ``Migration and Refugee Assistance'' for
    assistance for Colombian refugees in neighboring countries.
    (5) Counternarcotics.--Of the funds made available by this
    Act under the headings ``Economic Support Fund'' and
    ``International Narcotics Control and Law Enforcement'' for
    counternarcotics assistance for Colombia, 25 percent may be
    obligated only after the Secretary of State certifies and
    reports to the Committees on Appropriations that the Government
    of Colombia has reduced overall illicit drug cultivation,
    production, and trafficking.
    (6) Human rights.--Of the funds made available by this Act
    under the heading ``Foreign Military Financing Program'' for
    assistance for Colombia, 20 percent may be obligated only in
    accordance with the conditions set forth under section 7045 in
    Senate Report 115-152.
    (7) Exceptions.--The limitations of paragraphs (5) and (6)
    shall not apply to funds made available for aviation instruction
    and maintenance, and maritime and riverine security programs.

    (c) Haiti.--
    (1) Certification.--Funds appropriated by this Act under the
    headings ``Development Assistance'' and ``Economic Support
    Fund'' that are made available for assistance for Haiti may not
    be made available for assistance for the central Government of
    Haiti unless the Secretary of State certifies and reports to the
    Committees on Appropriations that such government is taking
    effective steps, which are in addition to steps taken since the
    certification and report submitted during the prior year, if
    applicable, to--
    (A) strengthen the rule of law in Haiti, including
    by--
    (i) selecting judges in a transparent manner
    based on merit;
    (ii) reducing pre-trial detention;
    (iii) respecting the independence of the
    judiciary; and
    (iv) improving governance by implementing
    reforms to increase transparency and
    accountability, including through the penal and
    criminal codes;
    (B) combat corruption, including by implementing the
    anti-corruption law enacted in 2014 and prosecuting
    corrupt officials;
    (C) increase government revenues, including by
    implementing tax reforms, and increasing expenditures on
    public services; and
    (D) resolve commercial disputes between United
    States entities and the Government of Haiti.
    (2) Haitian coast guard.--The Government of Haiti shall be
    eligible to purchase defense articles and services under the
    Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
    Guard.

    (d) Venezuela.--Of the funds appropriated by this Act under the
    heading ``Economic Support Fund'', not less than $15,000,000 shall be
    made available for programs to promote democracy and the rule of law in
    Venezuela.

    [[Page 933]]

    europe and eurasia

    Sec. 7046. (a) Assistance.--
    (1) Georgia.--Of the funds appropriated by this Act under
    titles III and IV, not less than $105,325,000 shall be made
    available for assistance for Georgia.
    (2) Ukraine.--Of the funds appropriated by this Act under
    titles III and IV, not less than $420,700,000 shall be made
    available for assistance for Ukraine.

    (b) Limitation.--None of the funds appropriated by this Act may be
    made available for assistance for a government of an Independent State
    of the former Soviet Union if such government directs any action in
    violation of the territorial integrity or national sovereignty of any
    other Independent State of the former Soviet Union, such as those
    violations included in the Helsinki Final Act:  Provided, That except as
    otherwise provided in section 7070(a) of this Act, funds may be made
    available without regard to the restriction in this subsection if the
    President determines that to do so is in the national security interest
    of the United States:  Provided further, That prior to executing the
    authority contained in the previous proviso, the Secretary of State
    shall consult with the Committees on Appropriations on how such
    assistance supports the national security interest of the United States.
    (c) Section 907 of the Freedom Support Act.--Section 907 of the
    FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
    (1) activities to support democracy or assistance under
    title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
    section 1424 of the Defense Against Weapons of Mass Destruction
    Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
    (2) any assistance provided by the Trade and Development
    Agency under section 661 of the Foreign Assistance Act of 1961
    (22 U.S.C. 2421);
    (3) any activity carried out by a member of the United
    States and Foreign Commercial Service while acting within his or
    her official capacity;
    (4) any insurance, reinsurance, guarantee, or other
    assistance provided by the Overseas Private Investment
    Corporation under title IV of chapter 2 of part I of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
    (5) any financing provided under the Export-Import Bank Act
    of 1945 (Public Law 79-173); or
    (6) humanitarian assistance.

    (d) Turkey.--None of the funds made available by this Act may be
    used to facilitate or support the sale of defense articles or defense
    services to the Turkish Presidential Protection Directorate (TPPD) under
    chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.),
    unless the Secretary of State determines and reports to the appropriate
    congressional committees that members of the TPPD named in the July 17,
    2017 indictment by the Superior Court of the District of Columbia have
    returned to the United States to stand trial in connection with the
    offenses contained in such indictment or have otherwise been brought to
    justice:  Provided, That the limitation in this paragraph shall not
    apply to the use of funds made available by this Act for border security

    [[Page 934]]

    purposes, for North Atlantic Treaty Organization or coalition
    operations, or to enhance the protection of United States officials and
    facilities in Turkey.

    war crimes tribunals

    Sec. 7047.  If the President determines that doing so will
    contribute to a just resolution of charges regarding genocide or other
    violations of international humanitarian law, the President may direct a
    drawdown pursuant to section 552(c) of the Foreign Assistance Act of
    1961 of up to $30,000,000 of commodities and services for the United
    Nations War Crimes Tribunal established with regard to the former
    Yugoslavia by the United Nations Security Council or such other
    tribunals or commissions as the Council may establish or authorize to
    deal with such violations, without regard to the ceiling limitation
    contained in paragraph (2) thereof:  Provided, That the determination
    required under this section shall be in lieu of any determinations
    otherwise required under section 552(c):  Provided further, That funds
    made available pursuant to this section shall be made available subject
    to the regular notification procedures of the Committees on
    Appropriations.

    united nations

    Sec. 7048. (a) Transparency and Accountability.--
    (1) Restrictions.--Of the funds appropriated under title I
    and under the heading ``International Organizations and
    Programs'' in title V of this Act that are available for
    contributions to the United Nations (including the Department of
    Peacekeeping Operations), any United Nations agency, or the
    Organization of American States, 15 percent may not be obligated
    for such organization, department, or agency until the Secretary
    of State determines and reports to the Committees on
    Appropriations that the organization, department, or agency is--
    (A) posting on a publicly available Web site,
    consistent with privacy regulations and due process,
    regular financial and programmatic audits of such
    organization, department, or agency, and providing the
    United States Government with necessary access to such
    financial and performance audits;
    (B) effectively implementing and enforcing policies
    and procedures which reflect best practices for the
    protection of whistleblowers from retaliation, including
    best practices for--
    (i) protection against retaliation for
    internal and lawful public disclosures;
    (ii) legal burdens of proof;
    (iii) statutes of limitation for reporting
    retaliation;
    (iv) access to independent adjudicative
    bodies, including external arbitration; and
    (v) results that eliminate the effects of
    proven retaliation; and
    (C) effectively implementing and enforcing policies
    and procedures on the appropriate use of travel funds,
    including restrictions on first class and business class
    travel.
    (2) Waiver.--The restrictions imposed by or pursuant to
    paragraph (1) may be waived on a case-by-case basis if the

    [[Page 935]]

    Secretary of State determines and reports to the Committees on
    Appropriations that such waiver is necessary to avert or respond
    to a humanitarian crisis.

    (b) Restrictions on United Nations Delegations and Organizations.--
    (1) Restrictions on united states delegations.--None of the
    funds made available by this Act may be used to pay expenses for
    any United States delegation to any specialized agency, body, or
    commission of the United Nations if such agency, body, or
    commission is chaired or presided over by a country, the
    government of which the Secretary of State has determined, for
    purposes of section 6(j)(1) of the Export Administration Act of
    1979 as continued in effect pursuant to the International
    Emergency Economic Powers Act (50 U.S.C. App. 2405(j)(1)),
    supports international terrorism.
    (2) Restrictions on contributions.--None of the funds made
    available by this Act may be used by the Secretary of State as a
    contribution to any organization, agency, commission, or program
    within the United Nations system if such organization, agency,
    commission, or program is chaired or presided over by a country
    the government of which the Secretary of State has determined,
    for purposes of section 620A of the Foreign Assistance Act of
    1961, section 40 of the Arms Export Control Act, section 6(j)(1)
    of the Export Administration Act of 1979, or any other provision
    of law, is a government that has repeatedly provided support for
    acts of international terrorism.
    (3) Waiver.--The Secretary of State may waive the
    restriction in this subsection if the Secretary determines and
    reports to the Committees on Appropriations that to do so is
    important to the national interest of the United States,
    including a description of the national interest served.

    (c) United Nations Human Rights Council.--None of the funds
    appropriated by this Act may be made available in support of the United
    Nations Human Rights Council unless the Secretary of State determines
    and reports to the Committees on Appropriations that participation in
    the Council is important to the national interest of the United States
    and that such Council is taking significant steps to remove Israel as a
    permanent agenda item and ensure integrity in the election of members to
    such Council:  Provided, That such report shall include a description of
    the national interest served and the steps taken to remove Israel as a
    permanent agenda item and ensure integrity in the election of members to
    such Council:  Provided further, That the Secretary of State shall
    report to the Committees on Appropriations not later than September 30,
    2018, on the resolutions considered in the United Nations Human Rights
    Council during the previous 12 months, and on steps taken to remove
    Israel as a permanent agenda item and ensure integrity in the election
    of members to such Council.
    (d) United Nations Relief and Works Agency.--Prior to the initial
    obligation of funds for the United Nations Relief and Works Agency
    (UNRWA), and not later than 45 days after enactment of this Act, the
    Secretary of State shall submit a report in writing to the Committees on
    Appropriations on whether UNRWA is--

    [[Page 936]]

    (1) utilizing Operations Support Officers in the West Bank,
    Gaza, and other fields of operation to inspect UNRWA
    installations and reporting any inappropriate use;
    (2) acting promptly to address any staff or beneficiary
    violation of its own policies (including the policies on
    neutrality and impartiality of employees) and the legal
    requirements under section 301(c) of the Foreign Assistance Act
    of 1961;
    (3) implementing procedures to maintain the neutrality of
    its facilities, including implementing a no-weapons policy, and
    conducting regular inspections of its installations, to ensure
    they are only used for humanitarian or other appropriate
    purposes;
    (4) taking necessary and appropriate measures to ensure it
    is operating in compliance with the conditions of section 301(c)
    of the Foreign Assistance Act of 1961 and continuing regular
    reporting to the Department of State on actions it has taken to
    ensure conformance with such conditions;
    (5) taking steps to ensure the content of all educational
    materials currently taught in UNRWA-administered schools and
    summer camps is consistent with the values of human rights,
    dignity, and tolerance and does not induce incitement;
    (6) not engaging in operations with financial institutions
    or related entities in violation of relevant United States law,
    and is taking steps to improve the financial transparency of the
    organization; and
    (7) in compliance with the United Nations Board of Auditors'
    biennial audit requirements and is implementing in a timely
    fashion the Board's recommendations.

    (e) Prohibition of Payments to United Nations Members.--None of the
    funds appropriated or made available pursuant to titles III through VI
    of this Act for carrying out the Foreign Assistance Act of 1961, may be
    used to pay in whole or in part any assessments, arrearages, or dues of
    any member of the United Nations or, from funds appropriated by this Act
    to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
    the costs for participation of another country's delegation at
    international conferences held under the auspices of multilateral or
    international organizations.
    (f) Capital Projects.--None of the funds made available by this Act
    may be used for the design, renovation, or construction of the United
    Nations Headquarters in New York:  Provided, That any operating plan
    submitted pursuant to this Act for funds made available under the
    heading ``Contributions to International Organizations'' shall include
    information on capital projects, as described under such heading in
    House Report 115-253.
    (g) Report.--Not later than 45 days after enactment of this Act, the
    Secretary of State shall submit a report to the Committees on
    Appropriations detailing the amount of funds available for obligation or
    expenditure in fiscal year 2018 for contributions to any organization,
    department, agency, or program within the United Nations system or any
    international program that are withheld from obligation or expenditure
    due to any provision of law:  Provided, That the Secretary of State
    shall update such report each time additional funds are withheld by
    operation of any provision of law:  Provided further, That the
    reprogramming of any withheld funds identified in such report, including
    updates thereof, shall

    [[Page 937]]

    be subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations.
    (h) Sexual Exploitation and Abuse in Peacekeeping Operations.--
    (1) In general.--Funds appropriated by this Act shall be
    made available to implement section 301 of the Department of
    State Authorities Act, Fiscal Year 2017 (Public Law 114-323).
    (2) Withholding of funds.--The Secretary of State should
    withhold assistance to any unit of the security forces of a
    foreign country if the Secretary has credible information that
    such unit has engaged in sexual exploitation or abuse, including
    while serving in a United Nations peacekeeping operation, until
    the Secretary determines that the government of such country is
    taking effective steps to bring the responsible members of such
    unit to justice and to prevent future incidents:  Provided, That
    the Secretary shall promptly notify the government of each
    country subject to any withholding of assistance pursuant to
    this paragraph, and shall notify the appropriate congressional
    committees of such withholding not later than 10 days after a
    determination to withhold such assistance is made:  Provided
    further, That the Secretary shall, to the maximum extent
    practicable, assist such government in bringing the responsible
    members of such unit to justice.
    (3) Transfer of funds.--Of the funds appropriated by this
    Act under the heading ``Economic Support Fund'', not less than
    $1,000,000 shall be transferred to, and merged with, funds
    appropriated under the heading ``International Organizations and
    Programs'' for the United Nations Office of the Special
    Coordinator on Improving the UN Response to Sexual Exploitation
    and Abuse:  Provided, That such transfer authority shall be
    exercised not later than 60 days after enactment of this Act.

    (i) Additional Availability.--Funds appropriated under titles I and
    V of this Act which are returned or not made available due to the
    implementation of subsection (a) or the second proviso under the heading
    ``Contributions for International Peacekeeping Activities'' of such
    title shall remain available for obligation until September 30, 2019.
    (j) National Security Interest Withholding.--
    (1) Withholding.--The Secretary of State shall withhold 5
    percent of the funds appropriated by this Act under the heading
    ``Contributions to International Organizations'' for a
    specialized agency or other entity of the United Nations if the
    Secretary, in consultation with the United States Ambassador to
    the United Nations, determines and reports to the Committees on
    Appropriations that such agency or entity has taken an official
    action that is against the national security interest of the
    United States or an ally of the United States, including Israel.
    (2) Release of funds.--The Secretary of State, in
    consultation with the United States Ambassador to the United
    Nations, may release funds withheld pursuant to paragraph (1) if
    the Secretary determines and reports to the Committees on
    Appropriations that such agency or entity is taking steps to
    address the action that resulted in the withholding of such
    funds.

    [[Page 938]]

    (3) Reprogramming.--Should the Secretary of State be unable
    to make a determination pursuant to paragraph (2) regarding the
    release of withheld funds, such funds may be reprogrammed for
    other purposes under the heading ``Contributions to
    International Organizations''.
    (4) Waiver.--The Secretary of State, following consultation
    with the Committees on Appropriations, may waive the
    requirements of this subsection if the Secretary determines that
    to do so in the national interest.

    community-based police assistance

    Sec. 7049.  Funds made available by titles III and IV of this Act to
    carry out the provisions of chapter 1 of part I and chapters 4 and 6 of
    part II of the Foreign Assistance Act of 1961, may be used,
    notwithstanding section 660 of that Act, to enhance the effectiveness
    and accountability of civilian police authority through training and
    technical assistance in human rights, the rule of law, anti-corruption,
    strategic planning, and through assistance to foster civilian police
    roles that support democratic governance, including assistance for
    programs to prevent conflict, respond to disasters, address gender-based
    violence, and foster improved police relations with the communities they
    serve.

    disability programs

    Sec. 7050. (a) Assistance.--Funds appropriated by this Act under the
    heading ``Economic Support Fund'' shall be made available for programs
    and activities administered by the United States Agency for
    International Development to address the needs and protect and promote
    the rights of people with disabilities in developing countries,
    including initiatives that focus on independent living, economic self-
    sufficiency, advocacy, education, employment, transportation, sports,
    and integration of individuals with disabilities, including for the cost
    of translation.
    (b) Management, Oversight, and Technical Support.--Of the funds made
    available pursuant to this section, 5 percent may be used for USAID for
    management, oversight, and technical support.

    international conferences

    Sec. 7051.  None of the funds made available in this Act may be used
    to send or otherwise pay for the attendance of more than 50 employees of
    agencies or departments of the United States Government who are
    stationed in the United States, at any single international conference
    occurring outside the United States, unless the Secretary of State
    reports to the Committees on Appropriations at least 5 days in advance
    that such attendance is important to the national interest:  Provided,
    That for purposes of this section the term ``international conference''
    shall mean a conference attended by representatives of the United States
    Government and of foreign governments, international organizations, or
    nongovernmental organizations.

    [[Page 939]]

    aircraft transfer, coordination, and use

    Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
    provision of law or regulation, aircraft procured with funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under the
    headings ``Diplomatic and Consular Programs'', ``International Narcotics
    Control and Law Enforcement'', ``Andean Counterdrug Initiative'', and
    ``Andean Counterdrug Programs'' may be used for any other program and in
    any region.
    (b) Property Disposal.--The authority provided in subsection (a)
    shall apply only after the Secretary of State determines and reports to
    the Committees on Appropriations that the equipment is no longer
    required to meet programmatic purposes in the designated country or
    region:  Provided, That any such transfer shall be subject to prior
    consultation with, and the regular notification procedures of, the
    Committees on Appropriations.
    (c) Aircraft Coordination.--
    (1) Authority.--The uses of aircraft purchased or leased by
    the Department of State and the United States Agency for
    International Development with funds made available in this Act
    or prior Acts making appropriations for the Department of State,
    foreign operations, and related programs shall be coordinated
    under the authority of the appropriate Chief of Mission:
    Provided, That such aircraft may be used to transport, on a
    reimbursable or non-reimbursable basis, Federal and non-Federal
    personnel supporting Department of State and USAID programs and
    activities:  Provided further, That official travel for other
    agencies for other purposes may be supported on a reimbursable
    basis, or without reimbursement when traveling on a space
    available basis:  Provided further, That funds received by the
    Department of State in connection with the use of aircraft
    owned, leased, or chartered by the Department of State may be
    credited to the Working Capital Fund of the Department and shall
    be available for expenses related to the purchase, lease,
    maintenance, chartering, or operation of such aircraft.
    (2) Scope.--The requirement and authorities of this
    subsection shall only apply to aircraft, the primary purpose of
    which is the transportation of personnel.

    (d) Aircraft Operations and Maintenance.--To the maximum extent
    practicable, the costs of operations and maintenance, including fuel, of
    aircraft funded by this Act shall be borne by the recipient country.

    parking fines and real property taxes owed by foreign governments

    Sec. 7053.  The terms and conditions of section 7055 of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2011 (division F of Public Law 111-117) shall apply
    to this Act:  Provided, That the date ``September 30, 2009'' in
    subsection (f)(2)(B) of such section shall be deemed to be ``September
    30, 2017''.

    landmines and cluster munitions

    Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
    law, demining equipment available to the United States

    [[Page 940]]

    Agency for International Development and the Department of State and
    used in support of the clearance of landmines and unexploded ordnance
    for humanitarian purposes may be disposed of on a grant basis in foreign
    countries, subject to such terms and conditions as the Secretary of
    State may prescribe.
    (b) Cluster Munitions.--No military assistance shall be furnished
    for cluster munitions, no defense export license for cluster munitions
    may be issued, and no cluster munitions or cluster munitions technology
    shall be sold or transferred, unless--
    (1) the submunitions of the cluster munitions, after arming,
    do not result in more than 1 percent unexploded ordnance across
    the range of intended operational environments, and the
    agreement applicable to the assistance, transfer, or sale of
    such cluster munitions or cluster munitions technology specifies
    that the cluster munitions will only be used against clearly
    defined military targets and will not be used where civilians
    are known to be present or in areas normally inhabited by
    civilians; or
    (2) such assistance, license, sale, or transfer is for the
    purpose of demilitarizing or permanently disposing of such
    cluster munitions.

    prohibition on publicity or propaganda

    Sec. 7055.  No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes within the United States
    not authorized before the date of the enactment of this Act by Congress:
    Provided, That not to exceed $25,000 may be made available to carry out
    the provisions of section 316 of the International Security and
    Development Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a
    note).

    continuous supervision and general direction of economic and military
    assistance

    Sec. 7056. (a) Under the direction of the President, the Secretary
    of State shall be responsible for the continuous supervision and general
    direction of economic assistance, law enforcement and justice sector
    assistance, military assistance, and military education and training
    programs, including but not limited to determining whether there shall
    be a military assistance (including civic action) or a military
    education and training program for a country and the value thereof, to
    the end that such programs are effectively integrated both at home and
    abroad and the foreign policy of the United States is best served
    thereby.
    (b) Consistent with section 481(b) of the Foreign Assistance Act of
    1961, the Secretary of State shall be responsible for coordinating all
    assistance provided by the United States Government to support
    international efforts to combat illicit narcotics production or
    trafficking:  Provided, That the provision of assistance by the
    Department of Defense which is comparable to assistance that may be made
    available by this Act under the heading ``International Narcotics
    Control and Law Enforcement'' shall be provided in a manner consistent
    with the requirements of section 333(b) of title 10, United States Code,
    as added by section 1241 of the National Defense Authorization Act for
    Fiscal Year 2017 (Public Law 114-328).

    [[Page 941]]

    united states agency for international development management

    Sec. 7057. (a) <>  Authority.--Up to
    $93,000,000 of the funds made available in title III of this Act
    pursuant to or to carry out the provisions of part I of the Foreign
    Assistance Act of 1961, including funds appropriated under the heading
    ``Assistance for Europe, Eurasia and Central Asia'', may be used by the
    United States Agency for International Development to hire and employ
    individuals in the United States and overseas on a limited appointment
    basis pursuant to the authority of sections 308 and 309 of the Foreign
    Service Act of 1980 (22 U.S.C. 3948 and 3949).

    (b) <>  Restrictions.--
    (1) The number of individuals hired in any fiscal year
    pursuant to the authority contained in subsection (a) may not
    exceed 175.
    (2) The authority to hire individuals contained in
    subsection (a) shall expire on September 30, 2019.

    (c) <>  Conditions.--The authority of
    subsection (a) should only be used to the extent that an equivalent
    number of positions that are filled by personal services contractors or
    other non-direct hire employees of USAID, who are compensated with funds
    appropriated to carry out part I of the Foreign Assistance Act of 1961,
    including funds appropriated under the heading ``Assistance for Europe,
    Eurasia and Central Asia'', are eliminated.

    (d) <>  Program Account Charged.--The
    account charged for the cost of an individual hired and employed under
    the authority of this section shall be the account to which the
    responsibilities of such individual primarily relate:  Provided, That
    funds made available to carry out this section may be transferred to,
    and merged with, funds appropriated by this Act in title II under the
    heading ``Operating Expenses''.

    (e) <>  Foreign Service Limited
    Extensions.--Individuals hired and employed by USAID, with funds made
    available in this Act or prior Acts making appropriations for the
    Department of State, foreign operations, and related programs, pursuant
    to the authority of section 309 of the Foreign Service Act of 1980 (22
    U.S.C. 3949), may be extended for a period of up to 4 years
    notwithstanding the limitation set forth in such section.

    (f) Disaster Surge Capacity.--Funds appropriated under title III of
    this Act to carry out part I of the Foreign Assistance Act of 1961,
    including funds appropriated under the heading ``Assistance for Europe,
    Eurasia and Central Asia'', may be used, in addition to funds otherwise
    available for such purposes, for the cost (including the support costs)
    of individuals detailed to or employed by USAID whose primary
    responsibility is to carry out programs in response to natural
    disasters, or man-made disasters subject to the regular notification
    procedures of the Committees on Appropriations.
    (g) Personal Services Contractors.--Funds appropriated by this Act
    to carry out chapter 1 of part I, chapter 4 of part II, and section 667
    of the Foreign Assistance Act of 1961, and title II of the Food for
    Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
    USAID to employ up to 40 personal services contractors in the United
    States, notwithstanding any other provision of law, for the purpose of
    providing direct, interim support for new or expanded overseas programs
    and activities managed

    [[Page 942]]

    by the agency until permanent direct hire personnel are hired and
    trained:  Provided, That not more than 15 of such contractors shall be
    assigned to any bureau or office:  Provided further, That such funds
    appropriated to carry out title II of the Food for Peace Act (Public Law
    83-480; 7 U.S.C. 1721 et seq.), may be made available only for personal
    services contractors assigned to the Office of Food for Peace.
    (h) Small Business.--In entering into multiple award indefinite-
    quantity contracts with funds appropriated by this Act, USAID may
    provide an exception to the fair opportunity process for placing task
    orders under such contracts when the order is placed with any category
    of small or small disadvantaged business.
    (i) Senior Foreign Service Limited Appointments.--Individuals hired
    pursuant to the authority provided by section 7059(o) of the Department
    of State, Foreign Operations, and Related Programs Appropriations Act,
    2011 (division F of Public Law 111-117) may be assigned to or support
    programs in Afghanistan or Pakistan with funds made available in this
    Act and prior Acts making appropriations for the Department of State,
    foreign operations, and related programs.

    global health activities

    Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
    of this Act that are made available for bilateral assistance for child
    survival activities or disease programs including activities relating to
    research on, and the prevention, treatment and control of, HIV/AIDS may
    be made available notwithstanding any other provision of law except for
    provisions under the heading ``Global Health Programs'' and the United
    States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
    2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:  Provided,
    That of the funds appropriated under title III of this Act, not less
    than $575,000,000 should be made available for family planning/
    reproductive health, including in areas where population growth
    threatens biodiversity or endangered species.
    (b) Global Fund.--Of the funds appropriated by this Act that are
    available for a contribution to the Global Fund to Fight AIDS,
    Tuberculosis and Malaria (Global Fund), 10 percent should be withheld
    from obligation until the Secretary of State determines and reports to
    the Committees on Appropriations that the Global Fund is--
    (1) maintaining and implementing a policy of transparency,
    including the authority of the Global Fund Office of the
    Inspector General (OIG) to publish OIG reports on a public Web
    site;
    (2) providing sufficient resources to maintain an
    independent OIG that--
    (A) reports directly to the Board of the Global
    Fund;
    (B) maintains a mandate to conduct thorough
    investigations and programmatic audits, free from undue
    interference; and
    (C) compiles regular, publicly published audits and
    investigations of financial, programmatic, and reporting
    aspects of the Global Fund, its grantees, recipients,
    sub-recipients, and Local Fund Agents;

    [[Page 943]]

    (3) effectively implementing and enforcing policies and
    procedures which reflect best practices for the protection of
    whistleblowers from retaliation, including best practices for--
    (A) protection against retaliation for internal and
    lawful public disclosures;
    (B) legal burdens of proof;
    (C) statutes of limitation for reporting
    retaliation;
    (D) access to independent adjudicative bodies,
    including external arbitration; and
    (E) results that eliminate the effects of proven
    retaliation; and
    (4) implementing the recommendations contained in the
    Consolidated Transformation Plan approved by the Board of the
    Global Fund on November 21, 2011:

    Provided, That such withholding shall not be in addition to funds that
    are withheld from the Global Fund in fiscal year 2018 pursuant to the
    application of any other provision contained in this or any other Act.
    (c) Contagious Infectious Disease Outbreaks.--
    (1)  Extraordinary measures.--If the Secretary of State
    determines and reports to the Committees on Appropriations that
    an international infectious disease outbreak is sustained,
    severe, and is spreading internationally, or that it is in the
    national interest to respond to a Public Health Emergency of
    International Concern, funds appropriated by this Act under the
    headings ``Global Health Programs'', ``Development Assistance'',
    ``International Disaster Assistance'', ``Complex Crises Fund'',
    ``Economic Support Fund'', ``Democracy Fund'', ``Assistance for
    Europe, Eurasia and Central Asia'', ``Migration and Refugee
    Assistance'', and ``Millennium Challenge Corporation'' may be
    made available to combat such infectious disease or public
    health emergency, and may be transferred to, and merged with,
    funds appropriated under such headings for the purposes of this
    paragraph.
    (2) Consultation and notification.--Funds made available by
    this subsection shall be subject to prior consultation with the
    appropriate congressional committees, and the regular
    notification procedures of the Committees on Appropriations.
    (3) Global health security.--Not later than 180 days after
    enactment of this Act, a global health security strategy shall
    be submitted to the appropriate congressional committees in the
    manner described under this section in the explanatory statement
    described in section 4 (in the matter preceding division A of
    this consolidated Act).

    (d) Repurposed Funds.--(1) Of the unobligated balances available
    under the heading ``Bilateral Economic Assistance'' in title IX of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2015 (division J of Public Law 113-235)--
    (A) $35,000,000 shall be made available for the Emergency
    Reserve Fund established pursuant to section 7058(c)(1) of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2017 (division J of Public Law 115-31):
    Provided, That such funds may only be made available if the
    USAID Administrator determines and reports to the Committees on
    Appropriations that it is in the national interest

    [[Page 944]]

    to respond to an emerging health threat that poses severe
    threats to human health;
    (B) $100,000,000 shall be for programs to accelerate the
    capabilities of targeted countries to prevent, detect, and
    respond to infectious disease outbreaks; and
    (C) $10,000,000 shall be made available for support of a
    multi-partner trust fund or other multilateral efforts to assist
    communities in Haiti affected by cholera resulting from the
    United Nations Stabilization Mission in Haiti:  Provided, That
    prior to the obligation of such funds, the Secretary of State
    shall ensure that mechanisms are in place for monitoring,
    oversight, and control of such funds:  Provided further, That
    such funds shall be subject to prior consultation with, and the
    regular notification procedures of, the Committees on
    Appropriations.

    (2) Funds made available pursuant to this subsection are in addition
    to funds otherwise made available for such purposes.
    (3) Funds made available pursuant to this subsection under the
    headings ``Global Health Programs'' and ``International Disaster
    Assistance'' may be transferred to, and merged with, funds made
    available under such headings:  Provided, That such transfer authority
    is in addition to any other transfer authority provided by law.
    (4) The amounts repurposed under this subsection are designated by
    the Congress as an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985 and shall be available only if the President subsequently so
    designates all such amounts and transmits such designations to the
    Congress.

    gender equality

    Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
    shall be made available to promote gender equality in United States
    Government diplomatic and development efforts by raising the status,
    increasing the participation, and protecting the rights of women and
    girls worldwide.
    (b) Women's Leadership.--Of the funds appropriated by title III of
    this Act, not less than $50,000,000 shall be made available to increase
    leadership opportunities for women in countries where women and girls
    suffer discrimination due to law, policy, or practice, by strengthening
    protections for women's political status, expanding women's
    participation in political parties and elections, and increasing women's
    opportunities for leadership positions in the public and private sectors
    at the local, provincial, and national levels.
    (c) Gender-Based Violence.--
    (1)(A) Of the funds appropriated by titles III and IV of
    this Act, not less than $150,000,000 shall be made available to
    implement a multi-year strategy to prevent and respond to
    gender-based violence in countries where it is common in
    conflict and non-conflict settings.
    (B) Funds appropriated by titles III and IV of this Act that
    are available to train foreign police, judicial, and military
    personnel, including for international peacekeeping operations,
    shall address, where appropriate, prevention and response to
    gender-based violence and trafficking in persons, and shall

    [[Page 945]]

    promote the integration of women into the police and other
    security forces.
    (2) Department of State and United States Agency for
    International Development gender programs shall incorporate
    coordinated efforts to combat a variety of forms of gender-based
    violence, including child marriage, rape, female genital cutting
    and mutilation, and domestic violence, among other forms of
    gender-based violence in conflict and non-conflict settings.

    (d) Women, Peace, and Security.--Funds appropriated by this Act
    under the headings ``Development Assistance'', ``Economic Support
    Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
    ``International Narcotics Control and Law Enforcement'' should be made
    available to support a multi-year strategy to expand, and improve
    coordination of, United States Government efforts to empower women as
    equal partners in conflict prevention, peace building, transitional
    processes, and reconstruction efforts in countries affected by conflict
    or in political transition, and to ensure the equitable provision of
    relief and recovery assistance to women and girls.
    (e) Women and Girls at Risk From Extremism.--
    (1) Assistance.--Of the funds appropriated by this Act under
    the heading ``Economic Support Fund'', not less than $15,000,000
    shall be made available to support women and girls who are at
    risk from extremism and conflict, and for activities to--
    (A) empower women and girls to counter extremism;
    (B) address the needs of women and girls adversely
    impacted by extremism and conflict;
    (C) document crimes committed by extremists against
    women and girls, and support investigations and
    prosecutions of such crimes, as appropriate;
    (D) increase the participation and influence of
    women in formal and informal political processes and
    institutions at the local level and within traditional
    governing structures;
    (E) support reconciliation programs between impacted
    minority, religious, and ethnic groups and the broader
    community;
    (F) develop and implement legal reforms and
    protections for women and girls at the national and
    local government levels; and
    (G) create and sustain networks for women and girls
    to collectively safeguard their rights on a regional
    basis.
    (2) Clarification and notification.--Funds made available
    pursuant to paragraph (1)--
    (A) are in addition to amounts otherwise available
    by this Act for such purposes; and
    (B) shall be made available following consultation
    with, and subject to the regular notification procedures
    of, the Committees on Appropriations.

    sector allocations

    Sec. 7060. (a) Basic Education and Higher Education.--
    (1) Basic education.--

    [[Page 946]]

    (A) Of the funds appropriated under title III of
    this Act, not less than $800,000,000 shall be made
    available for assistance for basic education, and such
    funds may be made available notwithstanding any other
    provision of law that restricts assistance to foreign
    countries:  Provided, That such funds should be used to
    implement the objectives of basic education programs for
    each Country Development Cooperation Strategy or similar
    strategy regarding basic education established by the
    United States Agency for International Development:
    Provided further, That such funds may also be used for
    secondary education activities:  Provided further, That
    the USAID Administrator, following consultation with the
    Committees on Appropriations, may reprogram such funds
    between countries.
    (B) Not later than 30 days after enactment of this
    Act, the USAID Administrator shall report to the
    Committees on Appropriations on the status of cumulative
    unobligated balances and obligated, but unexpended,
    balances in each country where USAID provides basic
    education assistance and such report shall also include
    details on the types of contracts and grants provided
    and the goals and objectives of such assistance:
    Provided, That the USAID Administrator shall update such
    report on a quarterly basis until September 30, 2019:
    Provided further, That if the USAID Administrator
    determines that any unobligated balances of funds
    specifically designated for assistance for basic
    education in prior Acts making appropriations for the
    Department of State, foreign operations, and related
    programs are in excess of the absorptive capacity of
    recipient countries, such funds may be made available
    for other programs authorized under chapter 1 of part I
    of the Foreign Assistance Act of 1961, notwithstanding
    such funding designation:  Provided further, That the
    authority of the previous proviso shall be subject to
    prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations.
    (C) Of the funds appropriated under title III of
    this Act for assistance for basic education programs,
    not less than $87,500,000 shall be made available for a
    contribution to multilateral partnerships that support
    education.
    (2) Higher education.--Of the funds appropriated by title
    III of this Act, not less than $235,000,000 shall be made
    available for assistance for higher education:  Provided, That
    such funds may be made available notwithstanding any other
    provision of law that restricts assistance to foreign countries,
    and shall be subject to the regular notification procedures of
    the Committees on Appropriations:  Provided further, That of
    such amount, not less than $35,000,000 shall be made available
    for human and institutional capacity building partnerships
    between higher education institutions in the United States and
    developing countries, of which not less than $15,000,000 shall
    be for new partnerships which should be competed and awarded not
    later than one year after enactment of this Act:  Provided
    further, That not later than 45 days after enactment of this
    Act, the USAID Administrator shall consult with the Committees
    on Appropriations on the proposed uses of funds for such
    partnerships.

    [[Page 947]]

    (b) Development Programs.--Of the funds appropriated by this Act
    under the heading ``Development Assistance'', not less than $28,000,000
    shall be made available for the American Schools and Hospitals Abroad
    program, and not less than $12,000,000 shall be made available for
    cooperative development programs of USAID.
    (c) Environment Programs.--
    (1) Authority and notification.--
    (A) Funds appropriated by this Act to carry out the
    provisions of sections 103 through 106, and chapter 4 of
    part II, of the Foreign Assistance Act of 1961 may be
    used, notwithstanding any other provision of law, except
    for the provisions of this subsection, to support
    environment programs.
    (B) Funds made available pursuant to this subsection
    shall be subject to the regular notification procedures
    of the Committees on Appropriations.
    (C) None of the funds in this Act are appropriated
    or otherwise made available for a contribution, grant,
    or any other payment for the Green Climate Fund.
    (2) Conservation programs and limitations.--
    (A) Of the funds appropriated under title III of
    this Act, not less than $269,000,000 shall be made
    available for biodiversity conservation programs.
    (B) Not less than $90,664,000 of the funds
    appropriated under titles III and IV of this Act shall
    be made available to combat the transnational threat of
    wildlife poaching and trafficking.
    (C) None of the funds appropriated under title IV of
    this Act may be made available for training or other
    assistance for any military unit or personnel that the
    Secretary of State determines has been credibly alleged
    to have participated in wildlife poaching or
    trafficking, unless the Secretary reports to the
    appropriate congressional committees that to do so is in
    the national security interest of the United States.
    (D) Funds appropriated by this Act for biodiversity
    programs shall not be used to support the expansion of
    industrial scale logging or any other industrial scale
    extractive activity into areas that were primary/intact
    tropical forests as of December 30, 2013, and the
    Secretary of the Treasury shall instruct the United
    States executive directors of each international
    financial institutions (IFI) to vote against any
    financing of any such activity.
    (3) Large dams.--The Secretary of the Treasury shall
    instruct the United States executive director of each IFI that
    it is the policy of the United States to vote in relation to any
    loan, grant, strategy, or policy of such institution to support
    the construction of any large dam consistent with the criteria
    set forth in Senate Report 114-79, while also considering
    whether the project involves important foreign policy
    objectives.
    (4) Sustainable landscapes.--Of the funds appropriated under
    title III of this Act, not less than $123,500,000 shall be made
    available for sustainable landscapes programs.

    (d) Food Security and Agricultural Development.--Of the funds
    appropriated by title III of this Act, not less than $1,000,600,000
    shall be made available for food security and agricultural development
    programs to carry out the purposes of the Global

    [[Page 948]]

    Food Security Act of 2016 (Public Law 114-195), of which not less than
    $315,960,000 shall be made available for the Bureau for Food Security,
    USAID, including not less than $55,000,000 for the Feed the Future
    Innovation Labs:  Provided, That funds may be made available for a
    contribution as authorized by section 3202 of the Food, Conservation,
    and Energy Act of 2008 (Public Law 110-246), as amended by section 3206
    of the Agricultural Act of 2014 (Public Law 113-79).
    (e) Microenterprise and Microfinance.--Of the funds appropriated by
    this Act, not less than $265,000,000 shall be made available for
    microenterprise and microfinance development programs for the poor,
    especially women.
    (f) Programs To Combat Trafficking in Persons.--Of the funds
    appropriated by this Act under the headings ``Development Assistance'',
    ``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
    Asia'', and ``International Narcotics Control and Law Enforcement'', not
    less than $65,000,000 shall be made available for activities to combat
    trafficking in persons internationally, of which not less than
    $40,000,000 shall be from funds made available under the heading
    ``International Narcotics Control and Law Enforcement'':  Provided, That
    funds appropriated by this Act that are made available for programs to
    end modern slavery shall be in addition to funds made available by this
    subsection to combat trafficking in persons.
    (g) Reconciliation Programs.--Of the funds appropriated by this Act
    under the headings ``Economic Support Fund'' and ``Development
    Assistance'', not less than $30,000,000 shall be made available to
    support people-to-people reconciliation programs which bring together
    individuals of different ethnic, religious, and political backgrounds
    from areas of civil strife and war:  Provided, That the USAID
    Administrator shall consult with the Committees on Appropriations, prior
    to the initial obligation of funds, on the uses of such funds, and such
    funds shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided further, That to the maximum
    extent practicable, such funds shall be matched by sources other than
    the United States Government:  Provided further, That such funds shall
    be administered by the Office of Conflict Management and Mitigation,
    USAID.
    (h) Water and Sanitation.--Of the funds appropriated by this Act,
    not less than $400,000,000 shall be made available for water supply and
    sanitation projects pursuant to the Senator Paul Simon Water for the
    Poor Act of 2005 (Public Law 109-121), of which not less than
    $145,000,000 shall be for programs in sub-Saharan Africa, and of which
    not less than $15,000,000 shall be made available to support initiatives
    by local communities in developing countries to build and maintain safe
    latrines.

    overseas private investment corporation

    Sec. 7061. (a) Transfer of Funds.--Whenever the President determines
    that it is in furtherance of the purposes of the Foreign Assistance Act
    of 1961, up to a total of $20,000,000 of the funds appropriated under
    title III of this Act may be transferred to, and merged with, funds
    appropriated by this Act for the Overseas Private Investment Corporation
    Program Account, to be subject to the terms and conditions of that
    account:  Provided, That such funds shall not be available for
    administrative expenses of the

    [[Page 949]]

    Overseas Private Investment Corporation:  Provided further, That
    designated funding levels in this Act shall not be transferred pursuant
    to this section:  Provided further, That the exercise of such authority
    shall be subject to the regular notification procedures of the
    Committees on Appropriations.
    (b) <>  Authority.--Notwithstanding section
    235(a)(2) of the Foreign Assistance Act of 1961, the authority of
    subsections (a) through (c) of section 234 of such Act shall remain in
    effect until September 30, 2018.

    arms trade treaty

    Sec. 7062.  None of the funds appropriated by this Act may be
    obligated or expended to implement the Arms Trade Treaty until the
    Senate approves a resolution of ratification for the Treaty.

    inspectors general

    Sec. 7063. (a) Prohibition on Use of Funds.--None of the funds
    appropriated by this Act may be used to deny an Inspector General funded
    under this Act timely access to any records, documents, or other
    materials available to the department or agency of the United States
    Government over which such Inspector General has responsibilities under
    the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
    impede the access of such Inspector General to such records, documents,
    or other materials, under any provision of law, except a provision of
    law that expressly refers to such Inspector General and expressly limits
    the right of access of such Inspector General.
    (b) Timely Access.--A department or agency of the United States
    Government covered by this section shall provide its Inspector General
    access to all records, documents, and other materials in a timely
    manner.
    (c) Compliance.--Each Inspector General covered by this section
    shall ensure compliance with statutory limitations on disclosure
    relevant to the information provided by the department or agency over
    which that Inspector General has responsibilities under the Inspector
    General Act of 1978 (5 U.S.C. App.).
    (d) Report.--Each Inspector General covered by this section shall
    report to the Committees on Appropriations within 5 calendar days of any
    failure by any department or agency of the United States Government to
    provide its Inspector General access to all requested records,
    documents, and other materials.

    reporting requirements concerning individuals detained at naval station,
    guantanamo bay, cuba

    Sec. 7064.  Not later than 5 days after the conclusion of an
    agreement with a country, including a state with a compact of free
    association with the United States, to receive by transfer or release
    individuals detained at United States Naval Station, Guantanamo Bay,
    Cuba, the Secretary of State shall notify the Committees on
    Appropriations in writing of the terms of the agreement, including
    whether funds appropriated by this Act or prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs will be made available for assistance for such country
    pursuant to such agreement.

    [[Page 950]]

    multi-year pledges

    Sec. 7065.  None of the funds appropriated by this Act may be used
    to make any pledge for future year funding for any multilateral or
    bilateral program funded in titles III through VI of this Act unless
    such pledge was--
    (1) previously justified, including the projected future
    year costs, in a congressional budget justification;
    (2) included in an Act making appropriations for the
    Department of State, foreign operations, and related programs or
    previously authorized by an Act of Congress;
    (3) notified in accordance with the regular notification
    procedures of the Committees on Appropriations, including the
    projected future year costs; or
    (4) the subject of prior consultation with the Committees on
    Appropriations and such consultation was conducted at least 7
    days in advance of the pledge.

    prohibition on use of torture

    Sec. 7066.  None of the funds made available in this Act may be used
    to support or justify the use of torture, cruel, or inhumane treatment
    by any official or contract employee of the United States Government.

    extradition

    Sec. 7067. (a) Limitation.--None of the funds appropriated in this
    Act may be used to provide assistance (other than funds provided under
    the headings ``International Disaster Assistance'', ``Complex Crises
    Fund'', ``International Narcotics Control and Law Enforcement'',
    ``Migration and Refugee Assistance'', ``United States Emergency Refugee
    and Migration Assistance Fund'', and ``Nonproliferation, Anti-terrorism,
    Demining and Related Assistance'') for the central government of a
    country which has notified the Department of State of its refusal to
    extradite to the United States any individual indicted for a criminal
    offense for which the maximum penalty is life imprisonment without the
    possibility of parole or for killing a law enforcement officer, as
    specified in a United States extradition request.
    (b) Clarification.--Subsection (a) shall only apply to the central
    government of a country with which the United States maintains
    diplomatic relations and with which the United States has an extradition
    treaty and the government of that country is in violation of the terms
    and conditions of the treaty.
    (c) Waiver.--The Secretary of State may waive the restriction in
    subsection (a) on a case-by-case basis if the Secretary certifies to the
    Committees on Appropriations that such waiver is important to the
    national interest of the United States.

    commercial leasing of defense articles

    Sec. 7068.  Notwithstanding any other provision of law, and subject
    to the regular notification procedures of the Committees on
    Appropriations, the authority of section 23(a) of the Arms Export
    Control Act may be used to provide financing to Israel, Egypt, and the
    North Atlantic Treaty Organization (NATO), and major non-NATO allies for
    the procurement by leasing (including leasing

    [[Page 951]]

    with an option to purchase) of defense articles from United States
    commercial suppliers, not including Major Defense Equipment (other than
    helicopters and other types of aircraft having possible civilian
    application), if the President determines that there are compelling
    foreign policy or national security reasons for those defense articles
    being provided by commercial lease rather than by government-to-
    government sale under such Act.

    joint strategic plan, budget, and transitions

    Sec. 7069. (a) Joint Strategic Plan and Budget.--Not later than 180
    days after enactment of this Act, the Secretary of State and the
    Administrator of the United States Agency for International Development
    shall jointly submit to the Committees on Appropriations a five year
    budget estimate that details by each fiscal year the funds necessary to
    implement, by agency, each of the four goals identified in the ``Joint
    Strategic Plan for the Department of State and the United States Agency
    for International Development, FY 2018-2022'' (Joint Strategic Plan),
    required by section 306 of title 5, United States Code, and published on
    February 12, 2018:  Provided, That the Secretary and the Administrator
    shall inform the appropriate congressional committees not later than
    September 30, 2018 of any changes to the Joint Strategic Plan.
    (b) Strategic Transitions.--
    (1) The USAID Administrator shall regularly consult with the
    appropriate congressional committees and development
    stakeholders on efforts to transition nations from assistance
    recipients to enduring diplomatic, economic, and security
    partners:  Provided, That such consultations shall include the
    guiding principles and metrics being developed to support such
    efforts, and any other matters related to the implementation
    plan required in paragraph (2).
    (2) Not later than 180 days after enactment of this Act, the
    USAID Administrator shall submit to the appropriate
    congressional committees an implementation plan on country
    transitions from assistance that includes--
    (A) the conditions and related benchmarks under
    which countries may transition from assistance provided
    by this Act and subsequent Acts making appropriations
    for the Department of State, foreign operations, and
    related programs;
    (B) the actions required by USAID to facilitate or
    support country efforts toward such transition,
    including consultation with civil society, other donors,
    multilateral organizations, and implementing partners;
    (C) a description of the costs and number of
    personnel associated with strategic transitions,
    including investments to increase public and private
    domestic resource mobilization; and
    (D) the plans to ensure post-transition development
    progress.

    countering russian influence and aggression

    Sec. 7070. (a) Limitation.--None of the funds appropriated by this
    Act may be made available for assistance for the central Government of
    the Russian Federation.
    (b) Annexation of Crimea.--

    [[Page 952]]

    (1) None of the funds appropriated by this Act may be made
    available for assistance for the central government of a country
    that the Secretary of State determines and reports to the
    Committees on Appropriations has taken affirmative steps
    intended to support or be supportive of the Russian Federation
    annexation of Crimea or other territory in Ukraine:  Provided,
    That except as otherwise provided in subsection (a), the
    Secretary may waive the restriction on assistance required by
    this paragraph if the Secretary determines and reports to such
    Committees that to do so is in the national interest of the
    United States, and includes a justification for such interest.
    (2) None of the funds appropriated by this Act may be made
    available for--
    (A) the implementation of any action or policy that
    recognizes the sovereignty of the Russian Federation
    over Crimea or other territory in Ukraine;
    (B) the facilitation, financing, or guarantee of
    United States Government investments in Crimea or other
    territory in Ukraine under the control of Russian-backed
    separatists, if such activity includes the participation
    of Russian Government officials, or other Russian owned
    or controlled financial entities; or
    (C) assistance for Crimea or other territory in
    Ukraine under the control of Russian-backed separatists,
    if such assistance includes the participation of Russian
    Government officials, or other Russian owned or
    controlled financial entities.
    (3) The Secretary of the Treasury shall instruct the United
    States executive directors of each international financial
    institution to vote against any assistance by such institution
    (including any loan, credit, or guarantee) for any program that
    violates the sovereignty or territorial integrity of Ukraine.
    (4) The requirements and limitations of this subsection
    shall cease to be in effect if the Secretary of State determines
    and reports to the Committees on Appropriations that the
    Government of Ukraine has reestablished sovereignty over Crimea
    and other territory in Ukraine under the control of Russian-
    backed separatists.

    (c) Occupation of the Georgian Territories of Abkhazia and
    Tskhinvali Region/South Ossetia.--
    (1) None of the funds appropriated by this Act may be made
    available for assistance for the central government of a country
    that the Secretary of State determines and reports to the
    Committees on Appropriations has recognized the independence of,
    or has established diplomatic relations with, the Russian
    occupied Georgian territories of Abkhazia and Tskhinvali Region/
    South Ossetia:  Provided, That the Secretary shall publish on
    the Department of State Web site a list of any such central
    governments in a timely manner:  Provided further, That the
    Secretary may waive the restriction on assistance required by
    this paragraph if the Secretary determines and reports to the
    Committees on Appropriations that to do so is in the national
    interest of the United States, and includes a justification for
    such interest.

    [[Page 953]]

    (2) None of the funds appropriated by this Act may be made
    available to support the Russian occupation of the Georgian
    territories of Abkhazia and Tskhinvali Region/South Ossetia.
    (3) The Secretary of the Treasury shall instruct the United
    States executive directors of each international financial
    institution to vote against any assistance by such institution
    (including any loan, credit, or guarantee) for any program that
    violates the sovereignty and territorial integrity of Georgia.

    (d) Assistance to Counter Influence and Aggression.--
    (1) Of the funds appropriated by this Act under the headings
    ``Assistance for Europe, Eurasia and Central Asia'',
    ``International Narcotics Control and Law Enforcement'',
    ``International Military Education and Training'', and ``Foreign
    Military Financing Program'', not less than $250,000,000 shall
    be made available to carry out the purposes of the Countering
    Russian Influence Fund, as authorized by section 254 of the
    Countering Russian Influence in Europe and Eurasia Act of 2017
    (Public Law 115-44; 22 U.S.C. 9543), and programs to enhance the
    capacity of law enforcement and security forces in countries in
    Europe and Eurasia and strengthen security cooperation between
    such countries and the United States and the North Atlantic
    Treaty Organization, as appropriate.
    (2) Funds appropriated by this Act and made available for
    assistance for the Eastern Partnership countries shall be made
    available to advance the implementation of Association
    Agreements and trade agreements with the European Union, and to
    reduce their vulnerability to external economic and political
    pressure from the Russian Federation.

    (e) Democracy Programs.--Funds appropriated by this Act shall be
    made available to support democracy programs in the Russian Federation,
    including to promote Internet freedom, and shall also be made available
    to support the democracy and rule of law strategy required by section
    7071(d) of the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2014 (division K of Public Law 113-76).

    international monetary fund

    Sec. 7071. (a) Extensions.--The terms and conditions of sections
    7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2010 (division F of
    Public Law 111-117) shall apply to this Act.
    (b) Repayment.--The Secretary of the Treasury shall instruct the
    United States Executive Director of the International Monetary Fund
    (IMF) to seek to ensure that any loan will be repaid to the IMF before
    other private creditors.

    special defense acquisition fund

    Sec. 7072.  Not to exceed $900,000,000 may be obligated pursuant to
    section 51(c)(2) of the Arms Export Control Act for the purposes of the
    Special Defense Acquisition Fund (the Fund), to remain available for
    obligation until September 30, 2020:  Provided, That the provision of
    defense articles and defense services to foreign countries or
    international organizations from the Fund shall be subject to the
    concurrence of the Secretary of State.

    [[Page 954]]

    stability and development in regions impacted by extremism and conflict

    Sec. 7073. (a) Countering Foreign Fighters and Extremist
    Organizations.--Funds appropriated under titles III and IV of this Act
    shall be made available for programs and activities to counter and
    defeat violent extremism and foreign fighters abroad, consistent with
    the strategy required by section 7073(a)(1) of the Department of State,
    Foreign Operations, and Related Programs Appropriations Act, 2017
    (division J of Public Law 115-31):  Provided, That the Secretary of
    State shall ensure such programs are coordinated with and complement the
    efforts of other United States Government agencies and international
    partners, and that information gained through the conduct of such
    programs is shared in a timely manner with relevant departments and
    agencies of the United States Government, other international partners,
    and the appropriate congressional committees, as appropriate.
    (b) Countries Impacted by Significant Refugee Populations or
    Internally Displaced Persons.--
    (1) Uses of funds.--Funds appropriated by this Act under the
    headings ``Development Assistance'' and ``Economic Support
    Fund'' shall be made available for programs in countries
    affected by significant populations of internally displaced
    persons or refugees to--
    (A) expand and improve host government social
    services and basic infrastructure to accommodate the
    needs of such populations and persons;
    (B) alleviate the social and economic strains placed
    on host communities, including through programs to
    promote livelihoods, vocational training, and formal and
    informal education;
    (C) improve coordination of such assistance in a
    more effective and sustainable manner; and
    (D) leverage increased assistance from donors other
    than the United States Government for central
    governments and local communities in such countries:
    Provided, That the Secretary of State shall periodically
    inform the appropriate congressional committees of the amounts
    and specific uses of funds made available for the purposes of
    this subsection.
    (2) Concessional finance facility.--Funds appropriated under
    title III of this Act under the heading ``Economic Support
    Fund'' may be made available for the Concessional Finance
    Facility of the World Bank to provide financing to support
    refugees and host communities:  Provided, That such funds shall
    be in addition to funds made available for bilateral assistance
    in the report required by section 653(a) of the Foreign
    Assistance Act of 1961, and may only be made available subject
    to prior consultation with the Committees on Appropriations.

    (c) Fragile States and Extremism.--Funds appropriated by this Act
    shall be made available for the purposes of section 7080 of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2017 (division J of Public Law 115-31), subject to
    the regular notification procedures of the Committees on Appropriations.

    [[Page 955]]

    enterprise funds

    Sec. 7074. (a) Notification.--None of the funds made available under
    titles III through VI of this Act may be made available for Enterprise
    Funds unless the appropriate congressional committees are notified at
    least 15 days in advance.
    (b) Distribution of Assets Plan.--Prior to the distribution of any
    assets resulting from any liquidation, dissolution, or winding up of an
    Enterprise Fund, in whole or in part, the President shall submit to the
    appropriate congressional committees a plan for the distribution of the
    assets of the Enterprise Fund.
    (c) Transition or Operating Plan.--Prior to a transition to and
    operation of any private equity fund or other parallel investment fund
    under an existing Enterprise Fund, the President shall submit such
    transition or operating plan to the appropriate congressional
    committees.

    use of funds in contravention of this act

    Sec. 7075.  If the President makes a determination not to comply
    with any provision of this Act on constitutional grounds, the head of
    the relevant Federal agency shall notify the Committees on
    Appropriations in writing within 5 days of such determination, the basis
    for such determination and any resulting changes to program and policy.

    budget documents

    Sec. 7076. (a) Operating and Reorganization Plans.--Not later than
    45 days after the date of enactment of this Act, each department,
    agency, or organization funded in titles I, II, and VI of this Act, and
    the Department of the Treasury and Independent Agencies funded in title
    III of this Act, including the Inter-American Foundation and the United
    States African Development Foundation, shall submit to the Committees on
    Appropriations an operating plan for funds appropriated to such
    department, agency, or organization in such titles of this Act, or funds
    otherwise available for obligation in fiscal year 2018, that provides
    details of the uses of such funds at the program, project, and activity
    level:  Provided, That such plans shall include, as applicable, a
    comparison between the congressional budget justification funding
    levels, the most recent congressional directives or approved funding
    levels, and the funding levels proposed by the department or agency; and
    a clear, concise, and informative description/justification:  Provided
    further, That if such department, agency, or organization receives an
    additional amount under the same heading in title VIII of this Act,
    operating plans required by this subsection shall include consolidated
    information on all such funds:  Provided further, That operating plans
    that include changes in levels of funding for programs, projects, and
    activities specified in the congressional budget justification, in this
    Act, or amounts specifically designated in the respective tables
    included in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act), as applicable,
    shall be subject to the notification and reprogramming requirements of
    section 7015 of this Act.
    (b) Spend Plans.--
    (1) Prior to the initial obligation of funds, the Secretary
    of State or Administrator of the United States Agency for

    [[Page 956]]

    International Development, as appropriate, shall submit to the
    Committees on Appropriations a spend plan for funds made
    available by this Act, for--
    (A) assistance for Afghanistan, Iraq, Lebanon,
    Pakistan, and the West Bank and Gaza;
    (B) assistance made available pursuant to section
    7070(d) of this Act to counter Russian influence and
    aggression, except that such plan shall be on a country-
    by-country basis;
    (C) Power Africa and the regional security
    initiatives listed under this section in Senate Report
    115-152:  Provided, That the spend plan for such
    initiatives shall include the amount of assistance
    planned for each country by account, to the maximum
    extent practicable; and
    (D) democracy programs, programs to support section
    7073(a) of this Act, and sectors enumerated in
    subsections (a), (c), (d), (e), (f), and (h) of section
    7060 of this Act.
    (2) Not later than 45 days after enactment of this Act, the
    Secretary of the Treasury shall submit to the Committees on
    Appropriations a detailed spend plan for funds made available by
    this Act under the heading ``Department of the Treasury,
    International Affairs Technical Assistance'' in title III.
    (3) Notwithstanding paragraph (1), up to 10 percent of the
    funds contained in a spend plan required by this subsection may
    be obligated prior to the submission of such spend plan if the
    Secretary of State or the USAID Administrator, as appropriate,
    determines that the obligation of such funds is necessary to
    avoid significant programmatic disruption:  Provided, That not
    less than seven days prior to such obligation, the Secretary or
    Administrator, as appropriate, shall consult with the Committees
    on Appropriations on the justification for such obligation and
    the proposed uses of such funds.

    (c) Spending Report.--Not later than 45 days after enactment of this
    Act, the USAID Administrator shall submit to the Committees on
    Appropriations a detailed report on spending of funds made available
    during fiscal year 2017 under the heading ``Development Credit
    Authority''.
    (d) Clarification.--The spend plans referenced in subsection (b)
    shall not be considered as meeting the notification requirements in this
    Act or under section 634A of the Foreign Assistance Act of 1961.
    (e) Congressional Budget Justification.--
    (1) The congressional budget justification for Department of
    State operations and foreign operations shall be provided to the
    Committees on Appropriations concurrent with the date of
    submission of the President's budget for fiscal year 2019:
    Provided, That the appendices for such justification shall be
    provided to the Committees on Appropriations not later than 10
    calendar days thereafter.
    (2) The Secretary of State and the USAID Administrator shall
    include in the congressional budget justification a detailed
    justification for multi-year availability for any funds
    requested under the headings ``Diplomatic and Consular
    Programs'' and ``Operating Expenses''.

    [[Page 957]]

    reports and records management

    Sec. 7077. (a) Public Posting of Reports.--
    (1) Requirement.--Any agency receiving funds made available
    by this Act shall, subject to paragraphs (2) and (3), post on
    the publicly available Web site of such agency any report
    required by this Act to be submitted to the Committees on
    Appropriations, upon a determination by the head of such agency
    that to do so is in the national interest.
    (2) Exceptions.--Paragraph (1) shall not apply to a report
    if--
    (A) the public posting of such report would
    compromise national security, including the conduct of
    diplomacy; or
    (B) the report contains proprietary, privileged, or
    sensitive information.
    (3) Timing and intention.--The head of the agency posting
    such report shall, unless otherwise provided for in this Act, do
    so only after such report has been made available to the
    Committees on Appropriations for not less than 45 days:
    Provided, That any report required by this Act to be submitted
    to the Committees on Appropriations shall include information
    from the submitting agency on whether such report will be
    publicly posted.

    (b) Requests for Documents.--None of the funds appropriated or made
    available pursuant to titles III through VI of this Act shall be
    available to a nongovernmental organization, including any contractor,
    which fails to provide upon timely request any document, file, or record
    necessary to the auditing requirements of the Department of State and
    the United States Agency for International Development.
    (c) Records Management.--
    (1) Limitation.--None of the funds appropriated by this Act
    under the headings ``Diplomatic and Consular Programs'' and
    ``Capital Investment Fund'' in title I, and ``Operating
    Expenses'' and ``Capital Investment Fund'' in title II that are
    made available to the Department of State and USAID may be made
    available to support the use or establishment of email accounts
    or email servers created outside the .gov domain or not fitted
    for automated records management as part of a Federal government
    records management program in contravention of the Presidential
    and Federal Records Act Amendments of 2014 (Public Law 113-187).
    (2) Directives.--The Secretary of State and USAID
    Administrator shall--
    (A) update the policies, directives, and oversight
    necessary to comply with Federal statutes, regulations,
    and presidential executive orders and memoranda
    concerning the preservation of all records made or
    received in the conduct of official business, including
    record emails, instant messaging, and other online
    tools;
    (B) use funds appropriated by this Act under the
    headings ``Diplomatic and Consular Programs'' and
    ``Capital Investment Fund'' in title I, and ``Operating
    Expenses'' and ``Capital Investment Fund'' in title II,
    as appropriate, to improve Federal records management
    pursuant to the Federal Records Act (44 U.S.C. Chapters
    21, 29, 31, and

    [[Page 958]]

    33) and other applicable Federal records management
    statutes, regulations, or policies for the Department of
    State and USAID;
    (C) direct departing employees that all Federal
    records generated by such employees, including senior
    officials, belong to the Federal Government; and
    (D) significantly improve the response time for
    identifying and retrieving Federal records, including
    requests made pursuant to section 552 of title 5, United
    States Code (commonly known as the ``Freedom of
    Information Act'').
    (3) Report.--Not later than 45 days after enactment of this
    Act, the Secretary of State and USAID Administrator shall each
    submit a report to the Committees on Appropriations and to the
    National Archives and Records Administration detailing, as
    appropriate and where applicable--
    (A) any updates or modifications made to the policy
    of each agency regarding the use or the establishment of
    email accounts or email servers created outside the .gov
    domain or not fitted for automated records management as
    part of a Federal government records management program
    since the submission to the Committees on Appropriations
    of the report required by section 7077(c)(3) of the
    Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2017 (division J of Public
    Law 115-31);
    (B) the extent to which each agency is in compliance
    with applicable Federal records management statutes,
    regulations, and policies, including meeting Directive
    goal 1.2 of the Managing Government Records Directive
    (M-12-18) by December 31, 2017; and
    (C) any steps taken since the submission of the
    report referenced in subparagraph (A) to--
    (i) comply with paragraph (1)(B) of this
    subsection;
    (ii) ensure that all employees at every level
    have been instructed in procedures and processes
    to ensure that the documentation of their official
    duties is captured, preserved, managed, protected,
    and accessible in official Government systems of
    the Department of State and USAID;
    (iii) implement recommendation 1 made by the
    Office of Inspector General (OIG), Department of
    State, in the January 2016 Evaluation of the
    Department of State's FOIA Process for Requests
    Involving the Office of the Secretary (ESP-16-01);
    (iv) reduce the backlog of Freedom of
    Information Act (FOIA) and Congressional oversight
    requests, and measurably improve the response time
    for answering such requests; and
    (v) strengthen cyber security measures to
    mitigate vulnerabilities, including those
    resulting from the use of personal email accounts
    or servers outside the .gov domain, improve the
    process to identify and remove inactive user
    accounts, update and enforce guidance related to
    the control of national security information, and
    implement the recommendations of the corresponding
    reports of the OIG as detailed under this

    [[Page 959]]

    section in House Report 115-253 and contained in
    other relevant reports issued by the OIG.
    (4) Operating plans.--The operating plans required by
    section 7076(a) of this Act for funds appropriated under the
    headings listed in paragraph (1) shall include funds planned
    for--
    (A) implementing the recommendations of the OIG
    reports referenced in clauses (iii) and (v); and
    (B) measurably reducing the FOIA and Congressional
    oversight requests backlog.

    global internet freedom

    Sec. 7078. (a) Funding.--Of the funds available for obligation
    during fiscal year 2018 under the headings ``International Broadcasting
    Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
    ``Assistance for Europe, Eurasia and Central Asia'', not less than
    $55,500,000 shall be made available for programs to promote Internet
    freedom globally:  Provided, That such programs shall be prioritized for
    countries whose governments restrict freedom of expression on the
    Internet, and that are important to the national interest of the United
    States:  Provided further, That funds made available pursuant to this
    section shall be matched, to the maximum extent practicable, by sources
    other than the United States Government, including from the private
    sector.
    (b) Requirements.--
    (1) Funds appropriated by this Act under the headings
    ``Economic Support Fund'', ``Democracy Fund'', and ``Assistance
    for Europe, Eurasia and Central Asia'' that are made available
    pursuant to subsection (a) shall be--
    (A) coordinated with other democracy programs funded
    by this Act under such headings, and shall be
    incorporated into country assistance and democracy
    promotion strategies, as appropriate;
    (B) for programs to implement the May 2011,
    International Strategy for Cyberspace; the Department of
    State International Cyberspace Policy Strategy required
    by section 402 of the Cybersecurity Act of 2015
    (division N of Public Law 114-113); and the
    comprehensive strategy to promote Internet freedom and
    access to information in Iran, as required by section
    414 of the Iran Threat Reduction and Syria Human Rights
    Act of 2012 (22 U.S.C. 8754);
    (C) made available for programs that support the
    efforts of civil society to counter the development of
    repressive Internet-related laws and regulations,
    including countering threats to Internet freedom at
    international organizations; to combat violence against
    bloggers and other users; and to enhance digital
    security training and capacity building for democracy
    activists;
    (D) made available for research of key threats to
    Internet freedom; the continued development of
    technologies that provide or enhance access to the
    Internet, including circumvention tools that bypass
    Internet blocking, filtering, and other censorship
    techniques used by authoritarian governments; and
    maintenance of the technological advantage of the United
    States Government over such censorship

    [[Page 960]]

    techniques:  Provided, That the Secretary of State, in
    consultation with the Chief Executive Officer (CEO) of
    the Broadcasting Board of Governors (BBG), shall
    coordinate any such research and development programs
    with other relevant United States Government departments
    and agencies in order to share information,
    technologies, and best practices, and to assess the
    effectiveness of such technologies; and
    (E) made available only after the Assistant
    Secretary for Democracy, Human Rights, and Labor,
    Department of State, concurs that such funds are
    allocated consistent with--
    (i) the strategies referenced in subparagraph
    (B) of this paragraph;
    (ii) best practices regarding security for,
    and oversight of, Internet freedom programs; and
    (iii) sufficient resources and support for the
    development and maintenance of anti-censorship
    technology and tools.
    (2) Funds appropriated by this Act under the heading
    ``International Broadcasting Operations'' that are made
    available pursuant to subsection (a) shall be--
    (A) made available only for tools and techniques to
    securely develop and distribute BBG digital content;
    facilitate audience access to such content on Web sites
    that are censored; coordinate the distribution of BBG
    digital content to targeted regional audiences; and to
    promote and distribute such tools and techniques,
    including digital security techniques;
    (B) coordinated with programs funded by this Act
    under the heading ``International Broadcasting
    Operations'', and shall be incorporated into country
    broadcasting strategies, as appropriate;
    (C) coordinated by the BBG CEO to provide Internet
    circumvention tools and techniques for audiences in
    countries that are strategic priorities for the BBG and
    in a manner consistent with the BBG Internet freedom
    strategy; and
    (D) made available for the research and development
    of new tools or techniques authorized in paragraph (A)
    only after the BBG CEO, in consultation with the
    Secretary of State and other relevant United States
    Government departments and agencies, evaluates the risks
    and benefits of such new tools or techniques, and
    establishes safeguards to minimize the use of such new
    tools or techniques for illicit purposes.

    (c) Coordination and Spend Plans.--After consultation among the
    relevant agency heads to coordinate and de-conflict planned activities,
    but not later than 90 days after enactment of this Act, the Secretary of
    State and the BBG CEO shall submit to the Committees on Appropriations
    spend plans for funds made available by this Act for programs to promote
    Internet freedom globally, which shall include a description of
    safeguards established by relevant agencies to ensure that such programs
    are not used for illicit purposes:  Provided, That the Department of
    State spend plan shall include funding for all such programs for all
    relevant Department of State and USAID offices and bureaus.

    [[Page 961]]

    impact on jobs in the united states

    Sec. 7079.  None of the funds appropriated or otherwise made
    available under titles III through VI of this Act may be obligated or
    expended to provide--
    (1) any financial incentive to a business enterprise
    currently located in the United States for the purpose of
    inducing such an enterprise to relocate outside the United
    States if such incentive or inducement is likely to reduce the
    number of employees of such business enterprise in the United
    States because United States production is being replaced by
    such enterprise outside the United States;
    (2) assistance for any program, project, or activity that
    contributes to the violation of internationally recognized
    workers' rights, as defined in section 507(4) of the Trade Act
    of 1974, of workers in the recipient country, including any
    designated zone or area in that country:  Provided, That the
    application of section 507(4)(D) and (E) of such Act should be
    commensurate with the level of development of the recipient
    country and sector, and shall not preclude assistance for the
    informal sector in such country, micro and small-scale
    enterprise, and smallholder agriculture;
    (3) any assistance to an entity outside the United States if
    such assistance is for the purpose of directly relocating or
    transferring jobs from the United States to other countries and
    adversely impacts the labor force in the United States; or
    (4) for the enforcement of any rule, regulation, policy, or
    guidelines implemented pursuant to--
    (A) the third proviso of subsection 7079(b) of the
    Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2010 (division F of Public
    Law 111-117);
    (B) the modification proposed by the Overseas
    Private Investment Corporation in November 2013 to the
    Corporation's Environmental and Social Policy Statement
    relating to coal; or
    (C) the Supplemental Guidelines for High Carbon
    Intensity Projects approved by the Export-Import Bank of
    the United States on December 12, 2013,
    when enforcement of such rule, regulation, policy, or guidelines
    would prohibit, or have the effect of prohibiting, any coal-
    fired or other power-generation project the purpose of which is
    to: (i) provide affordable electricity in International
    Development Association (IDA)-eligible countries and IDA-blend
    countries; and (ii) increase exports of goods and services from
    the United States or prevent the loss of jobs from the United
    States.

    united states citizens and nationals unlawfully or wrongfully detained
    abroad

    Sec. 7080. (a) Review.--The Special Presidential Envoy for Hostage
    Affairs, in consultation with the Assistant Secretary for Consular
    Affairs, Department of State, shall review the practices of United
    States consular officers regarding assistance for citizens and nationals
    of the United States who are detained in countries where the Department
    of State's Country Reports on Human Rights

    [[Page 962]]

    Practices indicate that arbitrary arrest or the denial of due process is
    common, or the judicial system is not independent or is susceptible to
    corruption, to--
    (1) assess whether consular officers routinely seek to
    determine if--
    (A) the detained individual has presented credible
    information of factual innocence to United States
    officials;
    (B) credible information exists that the individual
    is detained solely or substantially because he or she is
    a citizen or national of the United States;
    (C) credible information exists that the individual
    is being detained as a result of exercising his or her
    right to freedom of expression, association, assembly,
    or religion;
    (D) credible information exists that the individual
    has been detained arbitrarily and denied due process or
    a fair trial;
    (E) independent nongovernmental organizations or
    journalists have raised concerns about the innocence or
    the conditions of confinement of the detained
    individual;
    (F) the detained individual has presented credible
    information that his or her detention is a pretext; and
    (G) the individual is detained in inhumane
    conditions; and
    (2) identify what, if any, diplomatic or other actions are
    taken by the Department on behalf of a detained individual if
    the consular officer determines that the answer to any of the
    questions specified in paragraph (1) is affirmative.

    (b) Recommendations, Guidance, and Report.--Not later than 180 days
    after enactment of this Act and after completion of the review required
    under subsection (a), the Special Presidential Envoy for Hostage
    Affairs, after consultation with the Assistant Secretary for Consular
    Affairs, Department of State, shall--
    (1) provide recommendations to the Secretary of State for
    modifying the guidance concerning the arrest and detention of
    United States citizens abroad in the Foreign Affairs Manual and
    Foreign Affairs Handbook to better assist the Department of
    State in identifying cases where such detention is unlawful or
    wrongful and to enhance diplomatic engagements with foreign
    governments and other actions on behalf of such citizens and
    nationals; and
    (2) submit a report to the appropriate congressional
    committees detailing the findings of the review required
    pursuant to subsection (a) and the recommendations provided
    pursuant to paragraph (1) of this subsection.

    reorganization and redesign

    Sec. 7081. (a) Oversight.--
    (1) Prior consultation.--Funds appropriated by this Act and
    prior Acts making appropriations for the Department of State,
    foreign operations, and related programs may not be used to
    implement a reorganization, redesign, or other plan described in
    paragraph (2) by the Department of State, the United States
    Agency for International Development, or any other Federal
    department, agency, or organization funded by

    [[Page 963]]

    this Act without prior consultation by the head of such
    department, agency, or organization with the appropriate
    congressional committees.
    (2) Description of activities.--Pursuant to paragraph (1), a
    reorganization, redesign, or other plan shall include any action
    to--
    (A) expand, eliminate, consolidate, or downsize
    covered departments, agencies, or organizations,
    including bureaus and offices within or between such
    departments, agencies, or organizations, including the
    transfer to other agencies of the authorities and
    responsibilities of such bureaus and offices;
    (B) expand, eliminate, consolidate, or downsize the
    United States official presence overseas including at
    bilateral, regional, and multilateral diplomatic
    facilities and other platforms; and
    (C) expand or reduce the size of the Civil Service,
    Foreign Service, eligible family member, and locally
    employed staff workforce of the Department of State and
    USAID from the on-board levels as of December 31, 2017:
    Provided, That not less than 30 days after enactment of
    this Act, the Secretary of State and the USAID
    Administrator shall submit to the appropriate
    congressional committees such on-board levels.
    (3) Notification.--Funds made available by this Act and
    prior Acts making appropriations for the Department of State,
    foreign operations, and related programs that are made available
    for the activities described in paragraph (2) shall be subject
    to the regular notification procedures of the Committees on
    Appropriations:  Provided, That any such notification submitted
    to such Committees shall include a detailed justification for
    any proposed action, including the information specified under
    this section in the explanatory statement described in section 4
    (in the matter preceding division A of this consolidated Act).
    (4) Operating plans.--Operating plans submitted pursuant to
    section 7076(a) of this Act shall detail, as applicable, amounts
    for the bureaus, offices, and organizations detailed under this
    section in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act).

    (b) Additional Requirements.--
    (1) Personnel.--
    (A) Not later than 90 days after enactment of this
    Act, the Secretary of State and the USAID Administrator
    shall each submit a report to the appropriate
    congressional committees detailing the personnel
    requirements necessary to implement the December 2017
    ``National Security Strategy of the United States'' and
    the February 2018 ``Joint Strategic Plan for the
    Department of State and the United States Agency for
    International Development, FY 2018-2022''.
    (B) Not later than 30 days after enactment of this
    Act, the Secretary of State and the USAID Administrator
    shall each submit to the appropriate congressional
    committees an analysis and justification for the
    reduction of Department of State and USAID personnel
    during calendar

    [[Page 964]]

    year 2017, to include an explanation of how such
    reductions support the missions of each agency.
    (C) Not later than 60 days after enactment of this
    Act and every 60 days thereafter until September 30,
    2019, the Secretary of State, in the case of the
    Department of State, and the USAID Administrator, in the
    case of USAID, shall report to the appropriate
    congressional committees on the on-board personnel
    levels, hiring, and attrition of the Civil Service,
    Foreign Service, eligible family member, and locally
    employed staff workforce of the Department of State and
    USAID, as appropriate, on an operating unit-by-operating
    unit basis.
    (2) Administration of funds.--Funds appropriated by this
    Act--
    (A) under the heading ``Migration and Refugee
    Assistance'' shall be administered by the Assistant
    Secretary for Population, Refugees, and Migration,
    Department of State; and
    (B) that are made available for the Office of Global
    Women's Issues shall be administered by the United
    States Ambassador-at-Large for Global Women's Issues.
    (3) Information technology platform.--
    (A) None of the funds appropriated in title I of
    this Act under the heading ``Administration of Foreign
    Affairs'' may be made available for a new major
    information technology investment without the
    concurrence of the Chief Information Officer, Department
    of State.
    (B) In complying with the requirements of this
    paragraph, the Chief Information Officer, Department of
    State, shall consider whether a new major information
    technology investment--
    (i) is consistent with the Department
    Information Technology Strategic Plan;
    (ii) maintains consolidated control over
    enterprise IT functions or improves operational
    maintenance;
    (iii) improves Department of State resiliency
    to a cyber-attack;
    (iv) reduces Department of State IT costs over
    the long-term; and
    (v) is in accordance with the Federal
    Acquisition Regulation (FAR), including FAR Part 6
    regarding competition requirements.
    (C) Not later than 45 days after enactment of this
    Act, the Secretary of State shall submit a report to the
    appropriate congressional committees detailing the
    conclusions and recommendations from the Information
    Technology (IT) Platform Planning workstream of the
    Department of State redesign initiative.
    (4) Regional development mission for asia.--Funds
    appropriated by this Act and made available for the Regional
    Development Mission for Asia, USAID, in the table included under
    title II of the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act) shall
    be subject to section 7019 of this Act.

    [[Page 965]]

    united nations population fund

    Sec. 7082. (a) Contribution.--Of the funds made available under the
    heading ``International Organizations and Programs'' in this Act for
    fiscal year 2018, $32,500,000 shall be made available for the United
    Nations Population Fund (UNFPA).
    (b) Availability of Funds.--Funds appropriated by this Act for
    UNFPA, that are not made available for UNFPA because of the operation of
    any provision of law, shall be transferred to the ``Global Health
    Programs'' account and shall be made available for family planning,
    maternal, and reproductive health activities, subject to the regular
    notification procedures of the Committees on Appropriations.
    (c) Prohibition on Use of Funds in China.--None of the funds made
    available by this Act may be used by UNFPA for a country program in the
    People's Republic of China.
    (d) Conditions on Availability of Funds.--Funds made available by
    this Act for UNFPA may not be made available unless--
    (1) UNFPA maintains funds made available by this Act in an
    account separate from other accounts of UNFPA and does not
    commingle such funds with other sums; and
    (2) UNFPA does not fund abortions.

    (e) Report to Congress and Dollar-for-dollar Withholding of Funds.--
    (1) Not later than 4 months after the date of enactment of
    this Act, the Secretary of State shall submit a report to the
    Committees on Appropriations indicating the amount of funds that
    UNFPA is budgeting for the year in which the report is submitted
    for a country program in the People's Republic of China.
    (2) If a report under paragraph (1) indicates that UNFPA
    plans to spend funds for a country program in the People's
    Republic of China in the year covered by the report, then the
    amount of such funds UNFPA plans to spend in the People's
    Republic of China shall be deducted from the funds made
    available to UNFPA after March 1 for obligation for the
    remainder of the fiscal year in which the report is submitted.

    multilateral development bank replenishments

    Sec. 7083. (a) The Asian Development Bank Act (22 U.S.C. 285 et
    seq.) is amended by adding at the end the following new section:

    ``SEC. 36. <>  ELEVENTH REPLENISHMENT.

    ``(a) The United States Governor of the Bank is authorized to
    contribute, on behalf of the United States, $189,580,000 to the eleventh
    replenishment of the resources of the Fund, subject to obtaining the
    necessary appropriations.
    ``(b) In order to pay for the United States contribution provided
    for in subsection (a), there are authorized to be appropriated, without
    fiscal year limitation, $189,580,000 for payment by the Secretary of the
    Treasury.''.
    (b) The International Development Association Act (22 U.S.C. 284 et
    seq.) is amended by adding at the end the following new section:

    [[Page 966]]

    ``SEC. 30. <>  EIGHTEENTH REPLENISHMENT.

    ``(a) The United States Governor of the International Development
    Association is authorized to contribute on behalf of the United States
    $3,291,030,000 to the eighteenth replenishment of the resources of the
    Association, subject to obtaining the necessary appropriations.
    ``(b) In order to pay for the United States contribution provided
    for in subsection (a), there are authorized to be appropriated, without
    fiscal year limitation, $3,291,030,000 for payment by the Secretary of
    the Treasury.''.
    (c) The African Development Fund Act (22 U.S.C. 290g et seq.) is
    amended by adding at the end the following new section:

    ``SEC. 225. <>  FOURTEENTH REPLENISHMENT.

    ``(a) The United States Governor of the Fund is authorized to
    contribute on behalf of the United States $513,900,000 to the fourteenth
    replenishment of the resources of the Fund, subject to obtaining the
    necessary appropriations.
    ``(b) In order to pay for the United States contribution provided
    for in subsection (a), there are authorized to be appropriated, without
    fiscal year limitation, $513,900,000 for payment by the Secretary of the
    Treasury.''.

    rescissions

    (including rescission of funds)

    Sec. 7084. (a) Of the unobligated balances available to the
    President under the heading ``Development Assistance'', as identified by
    Treasury Appropriation Fund Symbol 72 X 1021, $23,766,000 are rescinded.
    (b) Of the unobligated balances available under the heading ``Export
    and Investment Assistance, Export-Import Bank of the United States'' for
    carryover under the heading ``Receipts Collected'' in the Department of
    State, Foreign Operations, and Related Programs Appropriations Act, 2015
    (division J of Public Law 113-235), $10,000,000 are rescinded.

    TITLE VIII

    OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

    DEPARTMENT OF STATE

    Administration of Foreign Affairs

    diplomatic and consular programs

    (including transfer of funds)

    For an additional amount for ``Diplomatic and Consular Programs'',
    $2,975,971,000, to remain available until September 30, 2019, of which
    $2,376,122,000 is for Worldwide Security Protection and shall remain
    available until expended:  Provided, That the Secretary of State may
    transfer up to $5,000,000 of the total funds made available under this
    heading to any other appropriation of

    [[Page 967]]

    any department or agency of the United States, upon the concurrence of
    the head of such department or agency, to support operations in and
    assistance for Afghanistan and to carry out the provisions of the
    Foreign Assistance Act of 1961:  Provided further, That any such
    transfer shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided further, That such amount is
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

    office of inspector general

    For an additional amount for ``Office of Inspector General'',
    $68,100,000, to remain available until September 30, 2019, of which
    $54,900,000 shall be for the Special Inspector General for Afghanistan
    Reconstruction (SIGAR) for reconstruction oversight:  Provided, That
    printing and reproduction costs of SIGAR shall not exceed amounts for
    such costs during fiscal year 2017:  Provided further, That
    notwithstanding any other provision of law, any employee of SIGAR who
    completes at least 12 months of continuous service after the date of
    enactment of this Act or who is employed on the date on which SIGAR
    terminates, whichever occurs first, shall acquire competitive status for
    appointment to any position in the competitive service for which the
    employee possesses the required qualifications:  Provided further, That
    such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    embassy security, construction, and maintenance

    For an additional amount for ``Embassy Security, Construction, and
    Maintenance'', $71,778,000, to remain available until expended, for
    Worldwide Security Upgrades, acquisition, and construction as
    authorized:  Provided, That such amount is designated by the Congress
    for Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

    International Organizations

    contributions to international organizations

    For an additional amount for ``Contributions to International
    Organizations'', $96,240,000:  Provided, That such amount is designated
    by the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    contributions for international peacekeeping activities

    For an additional amount for ``Contributions for International
    Peacekeeping Activities'', $967,456,000, to remain available until
    September 30, 2019:  Provided, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

    [[Page 968]]

    UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

    Funds Appropriated to the President

    operating expenses

    For an additional amount for ``Operating Expenses'', $158,067,000,
    to remain available until September 30, 2019:  Provided, That such
    amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    office of inspector general

    For an additional amount for ``Office of Inspector General'',
    $2,500,000, to remain available until September 30, 2019:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    BILATERAL ECONOMIC ASSISTANCE

    Funds Appropriated to the President

    international disaster assistance

    For an additional amount for ``International Disaster Assistance'',
    $1,588,778,000, to remain available until expended:  Provided, That such
    amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    transition initiatives

    For an additional amount for ``Transition Initiatives'',
    $62,043,000, to remain available until expended:  Provided, That such
    amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    complex crises fund

    For an additional amount for ``Complex Crises Fund'', $20,000,000,
    to remain available until expended:  Provided, That such amount is
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

    economic support fund

    For an additional amount for ``Economic Support Fund'',
    $2,152,122,000, to remain available until September 30, 2019:  Provided,
    That such amount is designated by the Congress for Overseas

    [[Page 969]]

    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

    Department of State

    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'' to
    respond to refugee crises, including in Africa, the Near East, South and
    Central Asia, and Europe and Eurasia, $2,431,198,000, to remain
    available until expended, except that such funds shall not be made
    available for the resettlement costs of refugees in the United States:
    Provided, That such amount is designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

    INTERNATIONAL SECURITY ASSISTANCE

    Department of State

    international narcotics control and law enforcement

    For an additional amount for ``International Narcotics Control and
    Law Enforcement'', $417,951,000, to remain available until September 30,
    2019:  Provided, That such amount is designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

    nonproliferation, anti-terrorism, demining and related programs

    For an additional amount for ``Nonproliferation, Anti-terrorism,
    Demining and Related Programs'', $220,583,000, to remain available until
    September 30, 2019:  Provided, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

    peacekeeping operations

    For an additional amount for ``Peacekeeping Operations'',
    $325,213,000, to remain available until September 30, 2019:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985:
    Provided further, That funds available for obligation under this heading
    in this Act may be used to pay assessed expenses of international
    peacekeeping activities in Somalia, subject to the regular notification
    procedures of the Committees on Appropriations.

    [[Page 970]]

    Funds Appropriated to the President

    foreign military financing program

    For an additional amount for ``Foreign Military Financing Program'',
    $460,000,000, to remain available until September 30, 2019:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    GENERAL PROVISIONS

    additional appropriations

    Sec. 8001.  Notwithstanding any other provision of law, funds
    appropriated in this title are in addition to amounts appropriated or
    otherwise made available in this Act for fiscal year 2018.

    extension of authorities and conditions

    Sec. 8002.  Unless otherwise provided for in this Act, the
    additional amounts appropriated by this title to appropriations accounts
    in this Act shall be available under the authorities and conditions
    applicable to such appropriations accounts.

    counterterrorism partnerships fund

    Sec. 8003.  Funds appropriated by this Act under the heading
    ``Nonproliferation, Anti-terrorism, Demining and Related Programs''
    shall be made available for the Counterterrorism Partnerships Fund for
    programs in areas liberated from, under the influence of, or adversely
    affected by, the Islamic State of Iraq and Syria or other terrorist
    organizations:  Provided, That such areas shall include the Kurdistan
    Region of Iraq:  Provided further, That prior to the obligation of funds
    made available pursuant to this section, the Secretary of State shall
    take all practicable steps to ensure that mechanisms are in place for
    monitoring, oversight, and control of such funds:  Provided further,
    That section 7015(j) of this Act regarding notification of assistance
    diverted or destroyed shall apply to funds made available for the
    Counterterrorism Partnerships Fund:  Provided further, That funds made
    available pursuant to this section shall be subject to prior
    consultation with the appropriate congressional committees, and the
    regular notification procedures of the Committees on Appropriations.

    transfer of funds

    Sec. 8004. (a) Transfer of Funds Between Accounts.--
    (1) Funds appropriated by this title in this Act under the
    headings ``Transition Initiatives'', ``Complex Crises Fund'',
    ``Economic Support Fund'', and ``Assistance for Europe, Eurasia
    and Central Asia'' may be transferred to, and merged with, funds
    appropriated by this title under such headings.
    (2) Funds appropriated by this title in this Act under the
    headings ``International Narcotics Control and Law
    Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
    Related Programs'', ``Peacekeeping Operations'', and ``Foreign
    Military

    [[Page 971]]

    Financing Program'' may be transferred to, and merged with,
    funds appropriated by this title under such headings.

    (b) Global Security Contingency Fund.--Notwithstanding any other
    provision of this section, not to exceed $7,500,000 from funds
    appropriated under the headings ``International Narcotics Control and
    Law Enforcement'', ``Peacekeeping Operations'', and ``Foreign Military
    Financing Program'' by this title in this Act may be transferred to, and
    merged with, funds previously made available under the heading ``Global
    Security Contingency Fund''.
    (c) Limitation.--The transfer authority provided in subsection (a)
    may only be exercised to address contingencies.
    (d) Notification.--The transfer authority provided by this section
    shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations:  Provided,
    That such transfer authority is in addition to any transfer authority
    otherwise available under any other provision of law, including section
    610 of the Foreign Assistance Act of 1961 which may be exercised by the
    Secretary of State for the purposes of this title.
    This division may be cited as the ``Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2018''.

    DIVISION L--TRANSPORTATION, <>  HOUSING AND URBAN
    DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

    TITLE I

    DEPARTMENT OF TRANSPORTATION

    Office of the Secretary

    salaries and expenses

    For necessary expenses of the Office of the Secretary, $112,813,000,
    of which not to exceed $3,001,000 shall be available for the immediate
    Office of the Secretary; not to exceed $1,040,000 shall be available for
    the immediate Office of the Deputy Secretary; not to exceed $20,555,000
    shall be available for the Office of the General Counsel; not to exceed
    $10,331,000 shall be available for the Office of the Under Secretary of
    Transportation for Policy; not to exceed $14,019,000 shall be available
    for the Office of the Assistant Secretary for Budget and Programs; not
    to exceed $2,546,000 shall be available for the Office of the Assistant
    Secretary for Governmental Affairs; not to exceed $29,356,000 shall be
    available for the Office of the Assistant Secretary for Administration;
    not to exceed $2,142,000 shall be available for the Office of Public
    Affairs; not to exceed $1,760,000 shall be available for the Office of
    the Executive Secretariat; not to exceed $11,318,000 shall be available
    for the Office of Intelligence, Security, and Emergency Response; and
    not to exceed $16,745,000 shall be available for the Office of the Chief
    Information Officer:  Provided, That the Secretary of Transportation is
    authorized to transfer funds appropriated for any office of the Office
    of the Secretary to any other office of the Office of the Secretary:
    Provided further, That no appropriation for any office shall be
    increased or decreased by more than 7 percent by all such transfers:
    Provided further, That notice of any change in funding greater than 7
    percent shall

    [[Page 972]]

    be submitted for approval to the House and Senate Committees on
    Appropriations:  Provided  further, That not to exceed $60,000 shall be
    for allocation within the Department for official reception and
    representation expenses as the Secretary may determine:  Provided
    further, That notwithstanding any other provision of law, excluding fees
    authorized in Public Law 107-71, there may be credited to this
    appropriation up to $2,500,000 in funds received in user fees:  Provided
    further, That none of the funds provided in this Act shall be available
    for the position of Assistant Secretary for Public Affairs.

    research and technology

    For necessary expenses related to the Office of the Assistant
    Secretary for Research and Technology, $23,465,109, of which $2,618,000
    shall remain available until September 30, 2020, and of which
    $15,000,000, to remain available until expended, is for new competitive
    grants under 49 U.S.C. 5505 to a national center for congestion research
    and a national center for infrastructure research:  Provided, That such
    amounts are in addition to amounts previously provided for such program:
    Provided further, That such amounts for additional national centers are
    provided notwithstanding 49 U.S.C. 5505(c)(2)(A):  Provided further,
    That there may be credited to this appropriation, to be available until
    expended, funds received from States, counties, municipalities, other
    public authorities, and private sources for expenses incurred for
    training:  Provided further, That <>  any
    reference in law, regulation, judicial proceedings, or elsewhere to the
    Research and Innovative Technology Administration shall continue to be
    deemed to be a reference to the Office of the Assistant Secretary for
    Research and Technology of the Department of Transportation.

    national infrastructure investments

    For capital investments in surface transportation infrastructure,
    $1,500,000,000, to remain available through September 30, 2020:
    Provided, That the Secretary of Transportation shall distribute funds
    provided under this heading as discretionary grants to be awarded to a
    State, local government, transit agency, or a collaboration among such
    entities on a competitive basis for projects that will have a
    significant local or regional impact:  Provided further, That projects
    eligible for funding provided under this heading shall include, but not
    be limited to, highway or bridge projects eligible under title 23,
    United States Code; public transportation projects eligible under
    chapter 53 of title 49, United States Code; passenger and freight rail
    transportation projects; and port infrastructure investments (including
    inland port infrastructure and land ports of entry):  Provided further,
    That of the amount made available under this heading, the Secretary may
    use an amount not to exceed $15,000,000 for the planning, preparation or
    design of projects eligible for funding under this heading:  Provided
    further, That grants awarded under the previous proviso shall not be
    subject to a minimum grant size:  Provided further, That the Secretary
    may use up to 20 percent of the funds made available under this heading
    for the purpose of paying the subsidy and administrative costs of
    projects eligible for Federal credit assistance under chapter 6 of title
    23, United States Code, if the Secretary finds that such use of the
    funds would advance the purposes of this

    [[Page 973]]

    paragraph:  Provided further, That in distributing funds provided under
    this heading, the Secretary shall take such measures so as to ensure an
    equitable geographic distribution of funds, an appropriate balance in
    addressing the needs of urban and rural areas, and the investment in a
    variety of transportation modes:  Provided further, That a grant funded
    under this heading shall be not less than $5,000,000 and not greater
    than $25,000,000:  Provided further, That not more than 10 percent of
    the funds made available under this heading may be awarded to projects
    in a single State:  Provided further, That the Federal share of the
    costs for which an expenditure is made under this heading shall be, at
    the option of the recipient, up to 80 percent:  Provided further, That
    the Secretary shall give priority to projects that require a
    contribution of Federal funds in order to complete an overall financing
    package:  Provided further, That not less than 30 percent of the funds
    provided under this heading shall be for projects located in rural
    areas:  Provided further, That for projects located in rural areas, the
    minimum grant size shall be $1,000,000 and the Secretary may increase
    the Federal share of costs above 80 percent:  Provided further, That
    projects conducted using funds provided under this heading must comply
    with the requirements of subchapter IV of chapter 31 of title 40, United
    States Code:  Provided further, That the Secretary shall conduct a new
    competition to select the grants and credit assistance awarded under
    this heading:  Provided further, That the Secretary may retain up to
    $25,000,000 of the funds provided under this heading, and may transfer
    portions of those funds to the Administrators of the Federal Highway
    Administration, the Federal Transit Administration, the Federal Railroad
    Administration, and the Maritime Administration to fund the award and
    oversight of grants and credit assistance made under the National
    Infrastructure Investments program:  Provided further, That none of the
    funds provided in the previous proviso may be used to hire additional
    personnel:  Provided further, That the Secretary shall not use the
    Federal share as a selection criteria in awarding projects:  Provided
    further, That the Secretary shall issue the Notice of Funding
    Opportunity under the previous proviso no later than 60 days after
    enactment of this Act:  Provided further, That the Notice of Funding
    Opportunity shall require application submissions 90 days after the
    publishing of such Notice:  Provided further, That of the applications
    submitted under the previous two provisos, the Secretary shall make
    grants no later than 270 days after enactment of this Act in such
    amounts that the Secretary determines.

    national surface transportation and innovative finance bureau

    For necessary expenses for the administration of the National
    Surface Transportation and Innovative Finance Bureau (the Bureau) within
    the Office of the Secretary of Transportation, $3,000,000, to remain
    available until expended:  Provided, That the Secretary of
    Transportation shall use such amount for the necessary expenses to
    fulfill the responsibilities of the Bureau, as detailed in section 9001
    of the Fixing America's Surface Transportation (FAST) Act (Public Law
    114-94) (49 U.S.C. 116):  Provided further, That the Secretary is
    required to receive the

    [[Page 974]]

    advance approval of the House and Senate Committees on Appropriations
    prior to exercising the authorities of 49 U.S.C. 116(h):  Provided
    further, That the program be available to other Federal agencies,
    States, municipalities and project sponsors seeking Federal
    transportation expertise in obtaining financing.

    financial management capital

    For necessary expenses for upgrading and enhancing the Department of
    Transportation's financial systems and re-engineering business
    processes, $6,000,000, to remain available through September 30, 2020.

    cyber security initiatives

    For necessary expenses for cyber security initiatives, including
    necessary upgrades to wide area network and information technology
    infrastructure, improvement of network perimeter controls and identity
    management, testing and assessment of information technology against
    business, security, and other requirements, implementation of Federal
    cyber security initiatives and information infrastructure enhancements,
    and implementation of enhanced security controls on network devices,
    $15,000,000, to remain available through September 30, 2019.

    office of civil rights

    For necessary expenses of the Office of Civil Rights, $9,500,000.

    transportation planning, research, and development

    For necessary expenses for conducting transportation planning,
    research, systems development, development activities, and making
    grants, to remain available until expended, $14,000,000:  Provided, That
    of such amount, $1,500,000 shall be for necessary expenses of the
    Interagency Infrastructure Permitting Improvement Center (IIPIC):
    Provided further, That there may be transferred to this appropriation,
    to remain available until expended, amounts transferred from other
    Federal agencies for expenses incurred under this heading for IIPIC
    activities not related to transportation infrastructure:  Provided
    further, That the tools and analysis developed by the IIPIC shall be
    available to other Federal agencies for the permitting and review of
    major infrastructure projects not related to transportation only to the
    extent that other Federal agencies provide funding to the Department as
    provided for under the previous proviso.

    working capital fund

    For necessary expenses for operating costs and capital outlays of
    the Working Capital Fund, not to exceed $202,245,000, shall be paid from
    appropriations made available to the Department of Transportation:
    Provided, That such services shall be provided on a competitive basis to
    entities within the Department of Transportation:  Provided further,
    That the above limitation on operating expenses shall not apply to non-
    DOT entities:  Provided further, That no funds appropriated in this Act
    to an agency of the

    [[Page 975]]

    Department shall be transferred to the Working Capital Fund without
    majority approval of the Working Capital Fund Steering Committee and
    approval of the Secretary:  Provided further, That no assessments may be
    levied against any program, budget activity, subactivity or project
    funded by this Act unless notice of such assessments and the basis
    therefor are presented to the House and Senate Committees on
    Appropriations and are approved by such Committees.

    minority business resource center program

    For necessary expenses of the Minority Business Resource Center, the
    provision of financial education outreach activities to eligible
    transportation-related small businesses, the monitoring of existing
    loans in the guaranteed loan program, and the modification of such loans
    of the Minority Business Resource Center, $500,301, as authorized by 49
    U.S.C. 332;  Provided, That notwithstanding that section, these funds
    may be for business opportunities related to any mode of transportation.

    small and disadvantaged business utilization and outreach

    For necessary expenses for small and disadvantaged business
    utilization and outreach activities, $4,646,000, to remain available
    until September 30, 2019:  Provided, That notwithstanding 49 U.S.C. 332,
    these funds may be used for business opportunities related to any mode
    of transportation.

    payments to air carriers

    (airport and airway trust fund)

    In addition to funds made available from any other source to carry
    out the essential air service program under 49 U.S.C. 41731 through
    41742, $155,000,000, to be derived from the Airport and Airway Trust
    Fund, to remain available until expended:  Provided, That in determining
    between or among carriers competing to provide service to a community,
    the Secretary may consider the relative subsidy requirements of the
    carriers:  Provided further, That basic essential air service minimum
    requirements shall not include the 15-passenger capacity requirement
    under subsection 41732(b)(3) of title 49, United States Code:  Provided
    further, That none of the funds in this Act or any other Act shall be
    used to enter into a new contract with a community located less than 40
    miles from the nearest small hub airport before the Secretary has
    negotiated with the community over a local cost share:  Provided
    further, That amounts authorized to be distributed for the essential air
    service program under subsection 41742(b) of title 49, United States
    Code, shall be made available immediately from amounts otherwise
    provided to the Administrator of the Federal Aviation Administration:
    Provided further, That the Administrator may reimburse such amounts from
    fees credited to the account established under section 45303 of title
    49, United States Code.

    [[Page 976]]

    administrative provisions--office of the secretary of transportation

    Sec. 101.  None of the funds made available in this Act to the
    Department of Transportation may be obligated for the Office of the
    Secretary of Transportation to approve assessments or reimbursable
    agreements pertaining to funds appropriated to the modal administrations
    in this Act, except for activities underway on the date of enactment of
    this Act, unless such assessments or agreements have completed the
    normal reprogramming process for Congressional notification.
    Sec. 102.  The Secretary shall post on the Web site of the
    Department of Transportation a schedule of all meetings of the Council
    on Credit and Finance, including the agenda for each meeting, and
    require the Council on Credit and Finance to record the decisions and
    actions of each meeting.
    Sec. 103.  In addition to authority provided by section 327 of title
    49, United States Code, the Department's Working Capital Fund is hereby
    authorized to provide partial or full payments in advance and accept
    subsequent reimbursements from all Federal agencies from available funds
    for transit benefit distribution services that are necessary to carry
    out the Federal transit pass transportation fringe benefit program under
    Executive Order No. 13150 and section 3049 of Public Law 109-59:
    Provided, That the Department shall maintain a reasonable operating
    reserve in the Working Capital Fund, to be expended in advance to
    provide uninterrupted transit benefits to Government employees:
    Provided further, That such reserve will not exceed one month of
    benefits payable and may be used only for the purpose of providing for
    the continuation of transit benefits:  Provided further, That the
    Working Capital Fund will be fully reimbursed by each customer agency
    from available funds for the actual cost of the transit benefit.

    Federal Aviation Administration

    operations

    (airport and airway trust fund)

    For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the public,
    the lease or purchase of passenger motor vehicles for replacement only,
    in addition to amounts made available by Public Law 112-95,
    $10,211,754,000, to remain available until September 30, 2019, of which
    $8,851,000,000 shall be derived from the Airport and Airway Trust Fund,
    of which not to exceed $7,692,786,000 shall be available for air traffic
    organization activities; not to exceed $1,310,000,000 shall be available
    for aviation safety activities; not to exceed $22,587,000 shall be
    available for commercial space transportation activities; not to exceed
    $801,506,000 shall be available for finance and management activities;
    not to exceed $60,000,000 shall be available for NextGen and operations
    planning activities; not to exceed $112,622,000 shall be available for
    security and hazardous materials safety; and not

    [[Page 977]]

    to exceed $212,253,000 shall be available for staff offices:  Provided,
    That not to exceed 5 percent of any budget activity, except for aviation
    safety budget activity, may be transferred to any budget activity under
    this heading:  Provided further, That no transfer may increase or
    decrease any appropriation by more than 5 percent:  Provided further,
    That any transfer in excess of 5 percent shall be treated as a
    reprogramming of funds under section 405 of this Act and shall not be
    available for obligation or expenditure except in compliance with the
    procedures set forth in that section:  Provided further, That <>  not later than March 31 of each fiscal year
    hereafter, the Administrator of the Federal Aviation Administration
    shall transmit to Congress an annual update to the report submitted to
    Congress in December 2004 pursuant to section 221 of Public Law 108-176:
    Provided further, That the amount herein appropriated shall be reduced
    by $100,000 for each day after March 31 that such report has not been
    submitted to the Congress:  Provided further, That <>  not later than March 31 of each fiscal year hereafter, the
    Administrator shall transmit to Congress a companion report that
    describes a comprehensive strategy for staffing, hiring, and training
    flight standards and aircraft certification staff in a format similar to
    the one utilized for the controller staffing plan, including stated
    attrition estimates and numerical hiring goals by fiscal year:  Provided
    further, That the amount herein appropriated shall be reduced by
    $100,000 per day for each day after March 31 that such report has not
    been submitted to Congress:  Provided further, That funds may be used to
    enter into a grant agreement with a nonprofit standard-setting
    organization to assist in the development of aviation safety standards:
    Provided further, That none of the funds in this Act shall be available
    for new applicants for the second career training program:  Provided
    further, That none of the funds in this Act shall be available for the
    Federal Aviation Administration to finalize or implement any regulation
    that would promulgate new aviation user fees not specifically authorized
    by law after the date of the enactment of this Act:  Provided further,
    That there may be credited to this appropriation, as offsetting
    collections, funds received from States, counties, municipalities,
    foreign authorities, other public authorities, and private sources for
    expenses incurred in the provision of agency services, including
    receipts for the maintenance and operation of air navigation facilities,
    and for issuance, renewal or modification of certificates, including
    airman, aircraft, and repair station certificates, or for tests related
    thereto, or for processing major repair or alteration forms:  Provided
    further, That of the funds appropriated under this heading, not less
    than $165,000,000 shall be used to fund direct operations of the current
    253 air traffic control towers in the contract tower program, including
    the contract tower cost share program, and any airport that is currently
    qualified or that will qualify for the program during the fiscal year:
    Provided further, That not later than 30 days after enactment of this
    Act, the Secretary of Transportation shall transmit to Congress the
    final disposition of the Benefit Cost Analysis for applications for
    participation in the Contract Tower Program and for reevaluation of
    Cost-share Program participants pending as of January 1, 2016, as
    mandated by section 119C of division K of the Consolidated
    Appropriations Act, 2017 (Public Law 115-31):  Provided further, That
    none of the funds in this Act for aeronautical charting and cartography
    are available for activities conducted by, or coordinated through,

    [[Page 978]]

    the Working Capital Fund:  Provided further, That none of the funds
    appropriated or otherwise made available by this Act or any other Act
    may be used to eliminate the Contract Weather Observers program at any
    airport.

    facilities and equipment

    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for acquisition,
    establishment, technical support services, improvement by contract or
    purchase, and hire of national airspace systems and experimental
    facilities and equipment, as authorized under part A of subtitle VII of
    title 49, United States Code, including initial acquisition of necessary
    sites by lease or grant; engineering and service testing, including
    construction of test facilities and acquisition of necessary sites by
    lease or grant; construction and furnishing of quarters and related
    accommodations for officers and employees of the Federal Aviation
    Administration stationed at remote localities where such accommodations
    are not available; and the purchase, lease, or transfer of aircraft from
    funds available under this heading, including aircraft for aviation
    regulation and certification; to be derived from the Airport and Airway
    Trust Fund, $3,250,000,000, of which $498,000,000 shall remain available
    until September 30, 2019, $2,602,000,000 shall remain available until
    September 30, 2020, and $150,000,000 shall remain available until
    expended:  Provided, That there may be credited to this appropriation
    funds received from States, counties, municipalities, other public
    authorities, and private sources, for expenses incurred in the
    establishment, improvement, and modernization of national airspace
    systems:  Provided further, That no later than March 31, the Secretary
    of Transportation shall transmit to the Congress an investment plan for
    the Federal Aviation Administration which includes funding for each
    budget line item for fiscal years 2019 through 2023, with total funding
    for each year of the plan constrained to the funding targets for those
    years as estimated and approved by the Office of Management and Budget.

    research, engineering, and development

    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research,
    engineering, and development, as authorized under part A of subtitle VII
    of title 49, United States Code, including construction of experimental
    facilities and acquisition of necessary sites by lease or grant,
    $188,926,000, to be derived from the Airport and Airway Trust Fund and
    to remain available until September 30, 2020:  Provided, That there may
    be credited to this appropriation as offsetting collections, funds
    received from States, counties, municipalities, other public
    authorities, and private sources, which shall be available for expenses
    incurred for research, engineering, and development.

    [[Page 979]]

    grants-in-aid for airports

    (liquidation of contract authorization)

    (limitation on obligations)

    (airport and airway trust fund)

    (including transfer of funds)

    For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for grants authorized under section 41743 of
    title 49, United States Code; and for inspection activities and
    administration of airport safety programs, including those related to
    airport operating certificates under section 44706 of title 49, United
    States Code, $3,000,000,000, to be derived from the Airport and Airway
    Trust Fund and to remain available until expended:  Provided, That none
    of the funds under this heading shall be available for the planning or
    execution of programs the obligations for which are in excess of
    $3,350,000,000 in fiscal year 2018, notwithstanding section 47117(g) of
    title 49, United States Code:  Provided further, That none of the funds
    under this heading shall be available for the replacement of baggage
    conveyor systems, reconfiguration of terminal baggage areas, or other
    airport improvements that are necessary to install bulk explosive
    detection systems:  Provided further, That notwithstanding section
    47109(a) of title 49, United States Code, the Government's share of
    allowable project costs under paragraph (2) for subgrants or paragraph
    (3) of that section shall be 95 percent for a project at other than a
    large or medium hub airport that is a successive phase of a multi-phased
    construction project for which the project sponsor received a grant in
    fiscal year 2011 for the construction project:  Provided further, That
    notwithstanding any other provision of law, of funds limited under this
    heading, not more than $111,863,000 shall be available for
    administration, not less than $15,000,000 shall be available for the
    Airport Cooperative Research Program, not less than $33,210,000 shall be
    available for Airport Technology Research, and $10,000,000, to remain
    available until expended, shall be available and transferred to ``Office
    of the Secretary, Salaries and Expenses'' to carry out the Small
    Community Air Service Development Program:  Provided further, That in
    addition to airports eligible under section 41743 of title 49, such
    program may include the participation of an airport that serves a
    community or consortium that is not larger than a small hub airport,
    according to FAA hub classifications effective at the time the Office of
    the Secretary issues a request for proposals.

    grants-in-aid for airports

    For an additional amount for ``Grants-In-Aid for Airports'', to
    enable the Secretary of Transportation to make grants for projects as
    authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
    475 of title 49, United States Code, $1,000,000,000,

    [[Page 980]]

    to remain available through September 30, 2020:  Provided, That amounts
    made available under this heading shall be derived from the general
    fund, and such funds shall not be subject to apportionment formulas,
    special apportionment categories, or minimum percentages under chapter
    471:  Provided further, That the Secretary shall distribute funds
    provided under this heading as discretionary grants to airports:
    Provided further, That the Secretary shall give priority consideration
    to projects at (a) nonprimary airports that are classified as Regional,
    Local, or Basic airports and are not located within a Metropolitan or
    Micropolitan Statistical Area as defined by the Office of Management and
    Budget, or (b) primary airports that are classified as Small or Nonhub
    airports:  Provided further, That the Federal share payable of the costs
    for which a grant is made under this heading to a nonprimary airport
    shall be 100 percent:  Provided further, That the amount made available
    under this heading shall not be subject to any limitation on obligations
    for the Grants-in-Aid for Airports program set forth in any Act:
    Provided further, That the Administrator of the Federal Aviation
    Administration may retain up to 0.5 percent of the funds provided under
    this heading to fund the award and oversight by the Administrator of
    grants made under this heading.

    administrative provisions--federal aviation administration

    Sec. 110.  None of the funds in this Act may be used to compensate
    in excess of 600 technical staff-years under the federally funded
    research and development center contract between the Federal Aviation
    Administration and the Center for Advanced Aviation Systems Development
    during fiscal year 2018.
    Sec. 111.  None of the funds in this Act shall be used to pursue or
    adopt guidelines or regulations requiring airport sponsors to provide to
    the Federal Aviation Administration without cost building construction,
    maintenance, utilities and expenses, or space in airport sponsor-owned
    buildings for services relating to air traffic control, air navigation,
    or weather reporting:  Provided, That the prohibition of funds in this
    section does not apply to negotiations between the agency and airport
    sponsors to achieve agreement on ``below-market'' rates for these items
    or to grant assurances that require airport sponsors to provide land
    without cost to the Federal Aviation Administration for air traffic
    control facilities.
    Sec. 112.  The Administrator of the Federal Aviation Administration
    may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
    from fees credited under 49 U.S.C. 45303 and any amount remaining in
    such account at the close of that fiscal year may be made available to
    satisfy section 41742(a)(1) for the subsequent fiscal year.
    Sec. 113.  Amounts collected under section 40113(e) of title 49,
    United States Code, shall be credited to the appropriation current at
    the time of collection, to be merged with and available for the same
    purposes of such appropriation.
    Sec. 114.  None of the funds in this Act shall be available for
    paying premium pay under subsection 5546(a) of title 5, United States
    Code, to any Federal Aviation Administration employee unless such
    employee actually performed work during the time corresponding to such
    premium pay.
    Sec. 115.  None of the funds in this Act may be obligated or
    expended for an employee of the Federal Aviation Administration

    [[Page 981]]

    to purchase a store gift card or gift certificate through use of a
    Government-issued credit card.
    Sec. 116.  None of the funds in this Act may be obligated or
    expended for retention bonuses for an employee of the Federal Aviation
    Administration without the prior written approval of the Assistant
    Secretary for Administration of the Department of Transportation.
    Sec. 117.  Notwithstanding any other provision of law, none of the
    funds made available under this Act or any prior Act may be used to
    implement or to continue to implement any limitation on the ability of
    any owner or operator of a private aircraft to obtain, upon a request to
    the Administrator of the Federal Aviation Administration, a blocking of
    that owner's or operator's aircraft registration number from any display
    of the Federal Aviation Administration's Aircraft Situational Display to
    Industry data that is made available to the public, except data made
    available to a Government agency, for the noncommercial flights of that
    owner or operator.
    Sec. 118.  None of the funds in this Act shall be available for
    salaries and expenses of more than eight political and Presidential
    appointees in the Federal Aviation Administration.
    Sec. 119.  None of the funds made available under this Act may be
    used to increase fees pursuant to section 44721 of title 49, United
    States Code, until the Federal Aviation Administration provides to the
    House and Senate Committees on Appropriations a report that justifies
    all fees related to aeronautical navigation products and explains how
    such fees are consistent with Executive Order 13642.
    Sec. 119A.  None of the funds in this Act may be used to close a
    regional operations center of the Federal Aviation Administration or
    reduce its services unless the Administrator notifies the House and
    Senate Committees on Appropriations not less than 90 full business days
    in advance.
    Sec. 119B.  None of the funds appropriated or limited by this Act
    may be used to change weight restrictions or prior permission rules at
    Teterboro airport in Teterboro, New Jersey.
    Sec. 119C.  None of the funds provided under this Act may be used by
    the Administrator of the Federal Aviation Administration to withhold
    from consideration and approval any application for participation in the
    Contract Tower Program, or for reevaluation of Cost-share Program
    participants, pending as of January 1, 2016, as long as the Federal
    Aviation Administration has received an application from the airport,
    and as long as the Administrator determines such tower is eligible using
    the factors set forth in the Federal Aviation Administration report,
    Establishment and Discontinuance Criteria for Airport Traffic Control
    Towers (FAA-APO-90-7 as of August, 1990).
    Sec. 119D.  Notwithstanding any other provision of law, none of the
    funds made available in this Act may be obligated or expended to limit
    the use of an Organization Designation Authorization's (ODA) delegated
    functions documented in its procedures manual on a type certification
    project unless the Administrator documents a systemic airworthiness
    noncompliance performance issue as a result of inspection or oversight
    that the safety of air commerce requires a limitation with regard to a
    specific authorization or where an ODA's capability has not been
    previously established in terms of a new compliance method or design
    feature:  Provided,

    [[Page 982]]

    That in such cases FAA shall work with the ODA holder if requested to
    develop the capability to execute that function safely, efficiently and
    effectively.

    Federal Highway Administration

    limitation on administrative expenses

    (highway trust fund)

    (including transfer of funds)

    Not to exceed $439,443,925, together with advances and
    reimbursements received by the Federal Highway Administration, shall be
    obligated for necessary expenses for administration and operation of the
    Federal Highway Administration. In addition, $3,248,000 shall be
    transferred to the Appalachian Regional Commission in accordance with
    section 104(a) of title 23, United States Code.

    federal-aid highways

    (limitation on obligations)

    (highway trust fund)

    Funds <>  available for the implementation
    or execution of Federal-aid highway and highway safety construction
    programs authorized under titles 23 and 49, United States Code, and the
    provisions of the Fixing America's Surface Transportation Act shall not
    exceed total obligations of $44,234,212,000 for fiscal year 2018:
    Provided, That the Secretary may collect and spend fees, as authorized
    by title 23, United States Code, to cover the costs of services of
    expert firms, including counsel, in the field of municipal and project
    finance to assist in the underwriting and servicing of Federal credit
    instruments and all or a portion of the costs to the Federal Government
    of servicing such credit instruments:  Provided further, That such fees
    are available until expended to pay for such costs:  Provided further,
    That such amounts are in addition to administrative expenses that are
    also available for such purpose, and are not subject to any obligation
    limitation or the limitation on administrative expenses under section
    608 of title 23, United States Code.

    (liquidation of contract authorization)

    (highway trust fund)

    For the payment of obligations incurred in carrying out Federal-aid
    highway and highway safety construction programs authorized under title
    23, United States Code, $44,973,212,000 derived from the Highway Trust
    Fund (other than the Mass Transit Account), to remain available until
    expended.

    highway infrastructure programs

    There is hereby appropriated to the Secretary of Transportation
    $2,525,000,000:  Provided, That the amounts made available under this
    heading shall be derived from the general fund, shall be in

    [[Page 983]]

    addition to any funds provided for fiscal year 2018 in this or any other
    Act for ``Federal-aid Highways'' under chapter 1 of title 23, United
    States Code, and shall not affect the distribution or amount of funds
    provided in any other Act:  Provided further, That section 1101(b) of
    Public Law 114-94 shall apply to funds made available under this
    heading:  Provided further, That of the funds made available under this
    heading, $1,980,000,000 shall be set aside for activities eligible under
    section 133(b)(1)(A) of title 23, United States Code, $15,800,000 shall
    be set aside for activities eligible under the Puerto Rico Highway
    Program as described in section 165(b)(2)(C) of such title, $4,200,000
    shall be set aside for activities eligible under the Territorial Highway
    Program, as described in section 165(c)(6) of such title, and
    $300,000,000 shall be set aside for the nationally significant Federal
    lands and tribal projects program under section 1123 of the Fixing
    America's Surface Transportation (FAST) Act (Public Law 114-94):
    Provided further, That the funds made available under this heading for
    activities eligible under section 133(b)(1)(A) of title 23, United
    States Code, shall be apportioned to the States in the same ratio as the
    obligation limitation for fiscal year 2018 is distributed among the
    States in section 120(a)(5) of this Act:  Provided further, That the
    funds made available under this heading for activities eligible under
    section 133(b)(1)(A) of title 23, United States Code, shall be
    suballocated in the manner described in section 133(d) of such title,
    except that the set-aside described in section 133(h) of such title
    shall not apply to funds made available under this heading:  Provided
    further, That the funds made available under this heading for activities
    eligible under section 133(b)(1)(A) of such title shall be administered
    as if apportioned under chapter 1 of such title and shall remain
    available through September 30, 2021:  Provided further, That, except as
    provided in the following proviso, the funds made available under this
    heading for activities eligible under the Puerto Rico Highway Program
    and activities eligible under the Territorial Highway Program shall be
    administered as if allocated under sections 165(b) and 165(c),
    respectively, of such title and shall remain available through September
    30, 2021:  Provided further, That the funds made available under this
    heading for activities eligible under the Puerto Rico Highway Program
    shall not be subject to the requirements of sections 165(b)(2)(A) or
    165(b)(2)(B) of such title:  Provided further, That notwithstanding
    section 1123(h) of the FAST Act, the funds made available under this
    heading for the nationally significant Federal lands and tribal projects
    program in section 1123 of such Act shall remain available until
    expended:  Provided further, That of the funds made available under this
    heading, $225,000,000, to remain available through September 30, 2021,
    shall be set aside for a competitive highway bridge program for States
    that have a population density of less than 100 individuals per square
    mile:  Provided further, That the funds made available by the previous
    proviso shall be (1) used for highway bridge replacement or
    rehabilitation projects on public roads that demonstrate cost savings by
    bundling multiple highway bridge projects and (2) administered as if
    apportioned under chapter 1 of title 23, United States Code:  Provided
    further, That for purpose of the previous two provisos, the Secretary
    shall calculate population density figures based on the latest available
    data from the decennial census conducted under section 141(a) of title
    13, United States Code.

    [[Page 984]]

    administrative provisions--federal highway administration

    Sec. 120. (a) <>  For fiscal year 2018, the
    Secretary of Transportation shall--
    (1) not distribute from the obligation limitation for
    Federal-aid highways--
    (A) amounts authorized for administrative expenses
    and programs by section 104(a) of title 23, United
    States Code; and
    (B) amounts authorized for the Bureau of
    Transportation Statistics;
    (2) not distribute an amount from the obligation limitation
    for Federal-aid highways that is equal to the unobligated
    balance of amounts--
    (A) made available from the Highway Trust Fund
    (other than the Mass Transit Account) for Federal-aid
    highway and highway safety construction programs for
    previous fiscal years the funds for which are allocated
    by the Secretary (or apportioned by the Secretary under
    sections 202 or 204 of title 23, United States Code);
    and
    (B) for which obligation limitation was provided in
    a previous fiscal year;
    (3) determine the proportion that--
    (A) the obligation limitation for Federal-aid
    highways, less the aggregate of amounts not distributed
    under paragraphs (1) and (2) of this subsection; bears
    to
    (B) the total of the sums authorized to be
    appropriated for the Federal-aid highway and highway
    safety construction programs (other than sums authorized
    to be appropriated for provisions of law described in
    paragraphs (1) through (11) of subsection (b) and sums
    authorized to be appropriated for section 119 of title
    23, United States Code, equal to the amount referred to
    in subsection (b)(12) for such fiscal year), less the
    aggregate of the amounts not distributed under
    paragraphs (1) and (2) of this subsection;
    (4) distribute the obligation limitation for Federal-aid
    highways, less the aggregate amounts not distributed under
    paragraphs (1) and (2), for each of the programs (other than
    programs to which paragraph (1) applies) that are allocated by
    the Secretary under the Fixing America's Surface Transportation
    Act and title 23, United States Code, or apportioned by the
    Secretary under sections 202 or 204 of that title, by
    multiplying--
    (A) the proportion determined under paragraph (3);
    by
    (B) the amounts authorized to be appropriated for
    each such program for such fiscal year; and
    (5) distribute the obligation limitation for Federal-aid
    highways, less the aggregate amounts not distributed under
    paragraphs (1) and (2) and the amounts distributed under
    paragraph (4), for Federal-aid highway and highway safety
    construction programs that are apportioned by the Secretary
    under title 23, United States Code (other than the amounts
    apportioned for the National Highway Performance Program in
    section 119 of title 23, United States Code, that are exempt
    from

    [[Page 985]]

    the limitation under subsection (b)(12) and the amounts
    apportioned under sections 202 and 204 of that title) in the
    proportion that--
    (A) amounts authorized to be appropriated for the
    programs that are apportioned under title 23, United
    States Code, to each State for such fiscal year; bears
    to
    (B) the total of the amounts authorized to be
    appropriated for the programs that are apportioned under
    title 23, United States Code, to all States for such
    fiscal year.

    (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid highways shall not apply to obligations under
    or for--
    (1) section 125 of title 23, United States Code;
    (2) section 147 of the Surface Transportation Assistance Act
    of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
    (3) section 9 of the Federal-Aid Highway Act of 1981 (95
    Stat. 1701);
    (4) subsections (b) and (j) of section 131 of the Surface
    Transportation Assistance Act of 1982 (96 Stat. 2119);
    (5) subsections (b) and (c) of section 149 of the Surface
    Transportation and Uniform Relocation Assistance Act of 1987
    (101 Stat. 198);
    (6) sections 1103 through 1108 of the Intermodal Surface
    Transportation Efficiency Act of 1991 (105 Stat. 2027);
    (7) section 157 of title 23, United States Code (as in
    effect on June 8, 1998);
    (8) section 105 of title 23, United States Code (as in
    effect for fiscal years 1998 through 2004, but only in an amount
    equal to $639,000,000 for each of those fiscal years);
    (9) Federal-aid highway programs for which obligation
    authority was made available under the Transportation Equity Act
    for the 21st Century (112 Stat. 107) or subsequent Acts for
    multiple years or to remain available until expended, but only
    to the extent that the obligation authority has not lapsed or
    been used;
    (10) section 105 of title 23, United States Code (as in
    effect for fiscal years 2005 through 2012, but only in an amount
    equal to $639,000,000 for each of those fiscal years);
    (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
    Stat. 1248), to the extent that funds obligated in accordance
    with that section were not subject to a limitation on
    obligations at the time at which the funds were initially made
    available for obligation; and
    (12) section 119 of title 23, United States Code (but, for
    each of fiscal years 2013 through 2018, only in an amount equal
    to $639,000,000).

    (c) Redistribution of Unused Obligation Authority.--Notwithstanding
    subsection (a), the Secretary shall, after August 1 of such fiscal
    year--
    (1) revise a distribution of the obligation limitation made
    available under subsection (a) if an amount distributed cannot
    be obligated during that fiscal year; and
    (2) redistribute sufficient amounts to those States able to
    obligate amounts in addition to those previously distributed
    during that fiscal year, giving priority to those States having
    large unobligated balances of funds apportioned under sections
    144 (as in effect on the day before the date of enactment

    [[Page 986]]

    of Public Law 112-141) and 104 of title 23, United States Code.

    (d) Applicability of Obligation Limitations to Transportation
    Research Programs.--
    (1) In general.--Except as provided in paragraph (2), the
    obligation limitation for Federal-aid highways shall apply to
    contract authority for transportation research programs carried
    out under--
    (A) chapter 5 of title 23, United States Code; and
    (B) title VI of the Fixing America's Surface
    Transportation Act.
    (2) Exception.--Obligation authority made available under
    paragraph (1) shall--
    (A) remain available for a period of 4 fiscal years;
    and
    (B) be in addition to the amount of any limitation
    imposed on obligations for Federal-aid highway and
    highway safety construction programs for future fiscal
    years.

    (e) Redistribution of Certain Authorized Funds.--
    (1) In general.--Not later than 30 days after the date of
    distribution of obligation limitation under subsection (a), the
    Secretary shall distribute to the States any funds (excluding
    funds authorized for the program under section 202 of title 23,
    United States Code) that--
    (A) are authorized to be appropriated for such
    fiscal year for Federal-aid highway programs; and
    (B) the Secretary determines will not be allocated
    to the States (or will not be apportioned to the States
    under section 204 of title 23, United States Code), and
    will not be available for obligation, for such fiscal
    year because of the imposition of any obligation
    limitation for such fiscal year.
    (2) Ratio.--Funds shall be distributed under paragraph (1)
    in the same proportion as the distribution of obligation
    authority under subsection (a)(5).
    (3) Availability.--Funds distributed to each State under
    paragraph (1) shall be available for any purpose described in
    section 133(b) of title 23, United States Code.

    Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to chapter 63 of title 49, United
    States Code, may be credited to the Federal-aid highways account for the
    purpose of reimbursing the Bureau for such expenses:  Provided, That
    such funds shall be subject to the obligation limitation for Federal-aid
    highway and highway safety construction programs.
    Sec. 122.  Not <>  less than 15 days prior
    to waiving, under his or her statutory authority, any Buy America
    requirement for Federal-aid highways projects, the Secretary of
    Transportation shall make an informal public notice and comment
    opportunity on the intent to issue such waiver and the reasons therefor:
    Provided, That the Secretary shall provide an annual report to the
    House and Senate Committees on Appropriations on any waivers granted
    under the Buy America requirements.

    Sec. 123.  None of the funds provided in this Act to the Department
    of Transportation may be used to provide credit assistance unless not
    less than 3 days before any application approval to

    [[Page 987]]

    provide credit assistance under sections 603 and 604 of title 23, United
    States Code, the Secretary of Transportation provides notification in
    writing to the following committees: the House and Senate Committees on
    Appropriations; the Committee on Environment and Public Works and the
    Committee on Banking, Housing and Urban Affairs of the Senate; and the
    Committee on Transportation and Infrastructure of the House of
    Representatives:  Provided, That such notification shall include, but
    not be limited to, the name of the project sponsor; a description of the
    project; whether credit assistance will be provided as a direct loan,
    loan guarantee, or line of credit; and the amount of credit assistance.
    Sec. 124.  None of the funds in this Act may be used to make a grant
    for a project under section 117 of title 23, United States Code, unless
    the Secretary, at least 60 days before making a grant under that
    section, provides written notification to the House and Senate
    Committees on Appropriations of the proposed grant, including an
    evaluation and justification for the project and the amount of the
    proposed grant award:  Provided, That the written notification required
    in the previous proviso shall be made no later than 180 days after
    enactment of this Act.
    Sec. 125.  For this fiscal year, the Federal Highway Administration
    shall reinstate Interim Approval IA-5, relating to the provisional use
    of an alternative lettering style on certain highway guide signs, as it
    existed before its termination, as announced in the Federal Register on
    January 25, 2016 (81 Fed. Reg. 4083).
    Sec. 126. (a) A State or territory, as defined in section 165 of
    title 23, United States Code, may use for any project eligible under
    section 133(b) of title 23 or section 165 of title 23 and located within
    the boundary of the State or territory any earmarked amount, and any
    associated obligation limitation:  Provided, That the Department of
    Transportation for the State or territory for which the earmarked amount
    was originally designated or directed notifies the Secretary of
    Transportation of its intent to use its authority under this section and
    submits a quarterly report to the Secretary identifying the projects to
    which the funding would be applied. Notwithstanding the original period
    of availability of funds to be obligated under this section, such funds
    and associated obligation limitation shall remain available for
    obligation for a period of 3 fiscal years after the fiscal year in which
    the Secretary of Transportation is notified. The Federal share of the
    cost of a project carried out with funds made available under this
    section shall be the same as associated with the earmark.
    (b) In this section, the term ``earmarked amount'' means--
    (1) congressionally directed spending, as defined in rule
    XLIV of the Standing Rules of the Senate, identified in a prior
    law, report, or joint explanatory statement, which was
    authorized to be appropriated or appropriated more than 10
    fiscal years prior to the current fiscal year, and administered
    by the Federal Highway Administration; or
    (2) a congressional earmark, as defined in rule XXI of the
    Rules of the House of Representatives identified in a prior law,
    report, or joint explanatory statement, which was authorized to
    be appropriated or appropriated more than 10 fiscal years prior
    to the current fiscal year, and administered by the Federal
    Highway Administration.

    (c) The authority under subsection (a) may be exercised only for
    those projects or activities that have obligated less than 10

    [[Page 988]]

    percent of the amount made available for obligation as of October 1 of
    the current fiscal year, and shall be applied to projects within the
    same general geographic area within 50 miles for which the funding was
    designated, except that a State or territory may apply such authority to
    unexpended balances of funds from projects or activities the State or
    territory certifies have been closed and for which payments have been
    made under a final voucher.
    (d) The Secretary shall submit consolidated reports of the
    information provided by the States and territories each quarter to the
    House and Senate Committees on Appropriations.
    Sec. 127.  Section 127 of title 23, United States Code, is amended
    by adding at the end the following:
    ``(u) Vehicles in North Dakota.--A vehicle limited or prohibited
    under this section from operating on a segment of the Interstate System
    in the State of North Dakota may operate on such a segment if such
    vehicle--
    ``(1) has a gross vehicle weight of 129,000 pounds or less;
    ``(2) other than gross vehicle weight, complies with the
    single axle, tandem axle, and bridge formula limits set forth in
    subsection (a); and
    ``(3) is authorized to operate on such segment under North
    Dakota State law.''.

    Sec. 128.  Section 1105(c)(89) of Public Law 102-240, as amended, is
    amended to read as follows:
    ``(89) I-57 Corridor Extension as follows: In Arkansas, the
    corridor shall follow United States Route 67 in North Little
    Rock, Arkansas, from I-40 to United States Route 412, then
    continuing generally northeast to the State line, and in
    Missouri, the corridor shall continue generally north from the
    Arkansas State line to Poplar Bluff, Missouri, and then follow
    United States Route 60 to I-57.''.

    Sec. 129.  Section 1012(e) of Public Law 102-240 is amended by
    inserting ``(1)'' before ``Notwithstanding'' and adding at the end the
    following:
    ``(2) Upon the request of any State Department of
    Transportation that was authorized to enter into a tolling
    agreement under section 120(c) of Public Law 100-17 (101 STAT.
    159), the Secretary is authorized to modify the agreement
    entered into under Public Law 100-17, as follows. The Secretary
    shall authorize the use of excess toll revenues for any other
    purpose for which Federal funds may be obligated under title 23,
    United States Code, provided the State--
    ``(A) certifies annually that the tolled facility is
    being adequately maintained; and
    ``(B) agrees to comply with the audit requirements
    in section 129(a)(3)(B) of title 23, United States Code.
    ``(3) For the purposes of paragraph (2), `excess toll
    revenues' means revenues in excess of amounts necessary for
    operation and maintenance; debt service; reasonable return on
    investment of any private person or entity that may be
    authorized by the State to operate and maintain the facility;
    and any cost necessary for improvement, including
    reconstruction, resurfacing, restoration, and rehabilitation.''.

    Sec. 129A.  Section 127(a)(10) of title 23, United States Code, is
    amended to read--
    ``(10) With respect to Interstate Routes 89, 93, and 95 in
    the State of New Hampshire--

    [[Page 989]]

    ``(A) State laws (including regulations) concerning
    vehicle weight limitations that were in effect on
    January 1, 1987, and are applicable to State highways
    other than the Interstate System, shall be applicable in
    lieu of the requirements of this subsection; and
    ``(B) effective June 30, 2016, a combination of
    truck-tractor and dump trailer equipped with 6 axles or
    more with a gross weight of up to 99,000 pounds shall be
    permitted if the distances between the extreme axles,
    excluding the steering axle, is 28 feet or more.''.

    Federal Motor Carrier Safety Administration

    motor carrier safety operations and programs

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    For payment of obligations incurred in the implementation, execution
    and administration of motor carrier safety operations and programs
    pursuant to section 31110 of title 49, United States Code, as amended by
    the Fixing America's Surface Transportation Act, $283,000,000, to be
    derived from the Highway Trust Fund (other than the Mass Transit
    Account), together with advances and reimbursements received by the
    Federal Motor Carrier Safety Administration, the sum of which shall
    remain available until expended:  Provided, That funds available for
    implementation, execution or administration of motor carrier safety
    operations and programs authorized under title 49, United States Code,
    shall not exceed total obligations of $283,000,000 for ``Motor Carrier
    Safety Operations and Programs'' for fiscal year 2018, of which
    $9,073,000, to remain available for obligation until September 30, 2020,
    is for the research and technology program, and of which $34,824,000, to
    remain available for obligation until September 30, 2020, is for
    information management.

    motor carrier safety grants

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    (including transfer of funds)

    For payment of obligations incurred in carrying out sections 31102,
    31103, 31104, and 31313 of title 49, United States Code, as amended by
    the Fixing America's Surface Transportation Act, $374,800,000, to be
    derived from the Highway Trust Fund (other than the Mass Transit
    Account) and to remain available until expended:  Provided, That funds
    available for the implementation or execution of motor carrier safety
    programs shall not exceed total obligations of $374,800,000 in fiscal
    year 2018 for ``Motor Carrier Safety Grants''; of which $298,900,000
    shall be available

    [[Page 990]]

    for the motor carrier safety assistance program, $31,800,000 shall be
    available for the commercial driver's license program implementation
    program, $43,100,000 shall be available for the high priority activities
    program, and $1,000,000 shall be available for the commercial motor
    vehicle operators grant program:  Provided further, That of the
    unobligated amounts provided for Commercial Vehicle Information Systems
    Network Development or other Motor Carrier Safety grants in the
    Transportation Equity Act for the 21st Century (Public Law 105-178),
    SAFETEA-LU (Public Law 109-59), or other appropriation or authorization
    acts prior to fiscal year 2017, $87,000,000 in additional obligation
    limitation is provided for the modernization and maintenance of border
    facilities, and shall remain available until September 30, 2022:
    Provided further, That of the unobligated amounts provided for
    Commercial Vehicle Information Systems Network Development or other
    Motor Carrier Safety grants in the Transportation Equity Act for the
    21st Century (Public Law 105-178), SAFETEA-LU (Public Law 109-59), or
    other appropriation or authorization acts prior to fiscal year 2017,
    $100,000,000 in additional obligation limitation is provided for a
    highly automated vehicle research and development program and shall
    remain available until expended, of which not less than $60,000,000
    shall be for demonstration grants, and of which not less than
    $38,000,000 shall be for research activities:  Provided further, That
    the activities funded by the previous proviso may be accomplished
    through direct expenditure, direct research activities, grants,
    cooperative agreements, contracts, intra or interagency agreements, or
    other agreements with public organizations:  Provided further, That such
    amounts, payments, and obligation limitation as may be necessary to
    carry out highly automated vehicle research and development program
    activities may be transferred and credited to appropriate accounts of
    other participating Federal agencies:  Provided further, That
    $187,000,000 for payment of obligations incurred in carrying out this
    section shall be derived from the Highway Trust Fund (other than the
    Mass Transit Account), to be available until expended.

    administrative provisions--federal motor carrier safety administration

    Sec. 130.  Funds appropriated or limited in this Act shall be
    subject to the terms and conditions stipulated in section 350 of Public
    Law 107-87 and section 6901 of Public Law 110-28.
    Sec. 131.  The Federal Motor Carrier Safety Administration shall
    send notice of 49 CFR section 385.308 violations by certified mail,
    registered mail, or another manner of delivery, which records the
    receipt of the notice by the persons responsible for the violations.
    Sec. 132.  None of the funds appropriated or otherwise made
    available to the Department of Transportation by this Act or any other
    Act may be obligated or expended to implement, administer, or enforce
    the requirements of section 31137 of title 49, United States Code, or
    any regulation issued by the Secretary pursuant to such section, with
    respect to the use of electronic logging devices by operators of
    commercial motor vehicles, as defined in section 31132(1) of such title,
    transporting livestock as defined in section 602 of the Emergency
    Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or insects.

    [[Page 991]]

    National Highway Traffic Safety Administration

    operations and research

    For expenses necessary to discharge the functions of the Secretary,
    with respect to traffic and highway safety authorized under chapter 301
    and part C of subtitle VI of title 49, United States Code, $189,075,000,
    of which $40,000,000 shall remain available through September 30, 2019.

    operations and research

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 403, section 4011 of the FAST Act (Public Law 114-94), and
    chapter 303 of title 49, United States Code, $149,000,000, to be derived
    from the Highway Trust Fund (other than the Mass Transit Account) and to
    remain available until expended:  Provided, That none of the funds in
    this Act shall be available for the planning or execution of programs
    the total obligations for which, in fiscal year 2018, are in excess of
    $149,000,000, of which $143,700,000 shall be for programs authorized
    under 23 U.S.C. 403 and $5,300,000 shall be for the National Driver
    Register authorized under chapter 303 of title 49, United States Code:
    Provided further, That within the $149,000,000 obligation limitation for
    operations and research, $20,000,000 shall remain available until
    September 30, 2019, and shall be in addition to the amount of any
    limitation imposed on obligations for future years.

    highway traffic safety grants

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    For payment of obligations incurred in carrying out provisions of 23
    U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing America's
    Surface Transportation Act, to remain available until expended,
    $597,629,000, to be derived from the Highway Trust Fund (other than the
    Mass Transit Account):  Provided, That none of the funds in this Act
    shall be available for the planning or execution of programs the total
    obligations for which, in fiscal year 2018, are in excess of
    $597,629,000 for programs authorized under 23 U.S.C. 402, 404, and 405,
    and section 4001(a)(6) of the Fixing America's Surface Transportation
    Act, of which $261,200,000 shall be for ``Highway Safety Programs''
    under 23 U.S.C. 402; $280,200,000 shall be for ``National Priority
    Safety Programs'' under 23 U.S.C. 405; $29,900,000 shall be for ``High
    Visibility Enforcement Program'' under 23 U.S.C. 404; $26,329,000 shall
    be for ``Administrative Expenses'' under section 4001(a)(6) of the
    Fixing America's Surface Transportation Act:  Provided further, That
    none of these

    [[Page 992]]

    funds shall be used for construction, rehabilitation, or remodeling
    costs, or for office furnishings and fixtures for State, local or
    private buildings or structures:  Provided further, That not to exceed
    $500,000 of the funds made available for ``National Priority Safety
    Programs'' under 23 U.S.C. 405 for ``Impaired Driving Countermeasures''
    (as described in subsection (d) of that section) shall be available for
    technical assistance to the States:  Provided further, That with respect
    to the ``Transfers'' provision under 23 U.S.C. 405(a)(8), any amounts
    transferred to increase the amounts made available under section 402
    shall include the obligation authority for such amounts:  Provided
    further, That the Administrator shall notify the House and Senate
    Committees on Appropriations of any exercise of the authority granted
    under the previous proviso or under 23 U.S.C. 405(a)(8) within 5 days.

    administrative provisions--national highway traffic safety
    administration

    Sec. 140.  An additional $130,000 shall be made available to the
    National Highway Traffic Safety Administration, out of the amount
    limited for section 402 of title 23, United States Code, to pay for
    travel and related expenses for State management reviews and to pay for
    core competency development training and related expenses for highway
    safety staff.
    Sec. 141.  The limitations on obligations for the programs of the
    National Highway Traffic Safety Administration set in this Act shall not
    apply to obligations for which obligation authority was made available
    in previous public laws but only to the extent that the obligation
    authority has not lapsed or been used.
    Sec. 142.  None of the funds made available by this Act may be used
    to obligate or award funds for the National Highway Traffic Safety
    Administration's National Roadside Survey.
    Sec. 143.  None of the funds made available by this Act may be used
    to mandate global positioning system (GPS) tracking in private passenger
    motor vehicles without providing full and appropriate consideration of
    privacy concerns under 5 U.S.C. chapter 5, subchapter II.
    Sec. 144.  In addition to the amounts made available under the
    heading, ``Operations and Research (Liquidation of Contract
    Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
    carrying out the provisions of section 403 of title 23, United States
    Code, $11,500,000, to remain available until September 30, 2019, shall
    be made available to the National Highway Traffic Safety Administration
    from the general fund, of which not to exceed $5,000,000 shall be
    available to provide funding for grants, pilot program activities, and
    innovative solutions to reduce alcohol-impaired-driving fatalities and
    other causes of the recent increase in highway fatalities from impaired
    driving in collaboration with eligible entities under section 403 of
    title 23, United States Code, and not to exceed $6,500,000 shall be
    available to continue a high visibility enforcement paid-media campaign
    regarding highway-rail grade crossing safety in collaboration with the
    Federal Railroad Administration.

    [[Page 993]]

    Federal Railroad Administration

    safety and operations

    For necessary expenses of the Federal Railroad Administration, not
    otherwise provided for, $221,698,000, of which $15,900,000 shall remain
    available until expended, and of which up to $350,000 shall be available
    for the Secretary of Transportation to assist Class II and Class III
    railroads in preparing to apply and applying for direct loans and loan
    guarantees for eligible projects pursuant to sections 501 through 504 of
    the Railroad Revitalization and Regulatory Reform Act of 1976 (Public
    Law 94-210) to also remain available until expended.

    railroad research and development

    For necessary expenses for railroad research and development,
    $40,600,000, to remain available until expended.

    railroad rehabilitation and improvement financing program

    For the cost of direct loans and loan guarantees pursuant to
    sections 501 through 504 of the Railroad Revitalization and Regulatory
    Reform Act of 1976 (Public Law 94-210), as amended, $25,000,000, to
    remain available until expended:  Provided, That such costs, including
    the cost of modifying such loans, shall be as defined in section 502 of
    the Congressional Budget Act of 1974, as amended:  Provided further,
    That the Secretary of Transportation is authorized to issue direct loans
    and loan guarantees pursuant to sections 501 through 504 of the Railroad
    Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as
    amended, such authority shall exist as long as any such direct loan or
    loan guarantee is outstanding:  Provided further, That, for direct loans
    and loan guarantees issued pursuant to sections 501 through 504 of the
    Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law
    94-210), as amended, the Secretary, in consultation with the Director of
    the Office of Management and Budget, not later than 120 days after the
    date of enactment of this Act, shall define each cohort as the loans
    provided for that fiscal year, creating individual fiscal year cohorts
    for each fiscal year in which a loan was provided from the date of
    enactment of Public Law 105-178 to the date of enactment of Public Law
    114-94:  Provided further, That, when all obligations attached to a
    cohort as defined under the previous proviso have been satisfied, the
    Secretary shall repay the credit risk premiums of loans in the cohort,
    with interest accrued thereon, not later than 180 days after the date of
    enactment of this Act or, for a cohort with obligations that have not
    yet been satisfied, not later than 60 days after the date on which all
    obligations attached to the cohort have been satisfied:  Provided
    further, That the Secretary shall not treat the repayment of a loan
    after the date of enactment of Public Law 114-94 as precluding,
    limiting, or negatively affecting the satisfaction of the obligation of
    its cohort for a fiscal year prior to the enactment of Public Law 114-
    94.

    [[Page 994]]

    federal-state partnership for state of good repair

    For necessary expenses related to Federal-State Partnership for
    State of Good Repair Grants as authorized by section 24911 of title 49,
    United States Code, $250,000,000, to remain available until expended:
    Provided, That the Secretary may withhold up to one percent of the
    amount provided under this heading for the costs of award and project
    management oversight of grants carried out under section 24911 of title
    49, United States Code:  Provided further, That section 24911(e)(1) of
    title 49, United States Code, is amended by striking ``transportation''
    and inserting ``transportation at the eligible project location''.

    consolidated rail infrastructure and safety improvements

    For necessary expenses related to Consolidated Rail Infrastructure
    and Safety Improvements Grants, as authorized by section 24407 of title
    49, United States Code, $592,547,000, to remain available until
    expended, of which $250,000,000 shall be available for eligible projects
    under section 24407(c)(1) of title 49, United States Code, for the
    implementation of positive train control systems, and of which
    $35,547,000 shall be available for eligible projects under section
    24407(c)(2) of title 49, United States Code, that contribute to the
    initiation or restoration of intercity passenger rail service:
    Provided, That the Secretary shall not preclude projects from
    consideration for funding under the previous proviso due to a lack of
    agreement among the funding recipients, operator, and host railroad
    regarding access to and use of the host railroad facilities, if an
    agreement or order for the use of such facilities may occur under
    section 24308 of title 49, United States Code:  Provided further, That
    section 24405(f) of title 49, United States Code, shall not apply to
    projects for the implementation of positive train control systems
    otherwise eligible under section 24407(c)(1) of title 49, United States
    Code:  Provided further, That amounts available under this heading for
    projects selected for commuter rail passenger transportation may be
    transferred by the Secretary, after selection, to the appropriate
    agencies to be administered in accordance with chapter 53 of title 49,
    United States Code:  Provided further, That the Secretary shall not
    limit eligible projects from consideration for funding for planning,
    engineering, environmental, construction, and design elements of the
    same project in the same application:  Provided further, That
    unobligated balances remaining after four years from the date of
    enactment may be used for any eligible project under section 24407(c) of
    title 49, United States Code:  Provided further, That the Secretary may
    withhold up to one percent of the amount provided under this heading for
    the costs of award and project management oversight of grants carried
    out under section 24407 of title 49, United States Code.

    restoration and enhancement

    For necessary expenses related to Restoration and Enhancement
    Grants, as authorized by section 24408 of title 49, United States Code,
    $20,000,000, to remain available until expended:  Provided, That the
    Secretary may withhold up to one percent of the funds provided under
    this heading to fund the costs of award and project management and
    oversight.

    [[Page 995]]

    northeast corridor grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make grants to the
    National Railroad Passenger Corporation for activities associated with
    the Northeast Corridor as authorized by section 11101(a) of the Fixing
    America's Surface Transportation Act (division A of Public Law 114-94),
    $650,000,000, to remain available until expended:  Provided, That the
    Secretary may retain up to one-half of 1 percent of the funds provided
    under both this heading and the ``National Network Grants to the
    National Railroad Passenger Corporation'' heading to fund the costs of
    project management and oversight of activities authorized by section
    11101(c) of division A of Public Law 114-94:  Provided further, That in
    addition to the project management oversight funds authorized under
    section 11101(c) of division A of Public Law 114-94, the Secretary may
    retain up to an additional $5,000,000 of the funds provided under this
    heading to fund expenses associated with the Northeast Corridor
    Commission established under section 24905 of title 49, United States
    Code:  Provided further, That of the amounts made available under this
    heading and the ``National Network Grants to the National Railroad
    Passenger Corporation'' heading, not less than $50,000,000 shall be made
    available to bring Amtrak-served facilities and stations into compliance
    with the Americans with Disabilities Act.

    national network grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make grants to the
    National Railroad Passenger Corporation for activities associated with
    the National Network as authorized by section 11101(b) of the Fixing
    America's Surface Transportation Act (division A of Public Law 114-94),
    $1,291,600,000, to remain available until expended:  Provided, That the
    Secretary may retain up to an additional $2,000,000 of the funds
    provided under this heading to fund expenses associated with the State-
    Supported Route Committee established under section 24712 of title 49,
    United States Code:  Provided further, That up to $5,000,000 of the
    amount provided under this heading shall be available for costs
    associated with any matters Amtrak may elect to bring before the Surface
    Transportation Board related to passenger rail service:  Provided
    further, That at least $50,000,000 of the amount provided under this
    heading shall be available for the development, installation and
    operation of railroad safety technology, including the implementation of
    a positive train control system, on State-supported routes as defined
    under section 24102(13) of title 49, United States Code, on which
    positive train control systems are not required by law or regulation.

    administrative provisions--federal railroad administration

    Sec. 150.  None of the funds provided to the National Railroad
    Passenger Corporation may be used to fund any overtime costs in excess
    of $35,000 for any individual employee:  Provided, That the President of
    Amtrak may waive the cap set in the previous proviso for specific
    employees when the President of Amtrak determines such a cap poses a
    risk to the safety and operational efficiency

    [[Page 996]]

    of the system:  Provided further, That the President of Amtrak shall
    report to the House and Senate Committees on Appropriations each quarter
    within 30 days of such quarter of the calendar year on waivers granted
    to employees and amounts paid above the cap for each month within such
    quarter and delineate the reasons each waiver was granted:  Provided
    further, That the President of Amtrak shall report to the House and
    Senate Committees on Appropriations within 60 days of enactment of this
    Act, a summary of all overtime payments incurred by the Corporation for
    2017 and the three prior calendar years:  Provided further, That such
    summary shall include the total number of employees that received
    waivers and the total overtime payments the Corporation paid to those
    employees receiving waivers for each month for 2017 and for the three
    prior calendar years.

    Federal Transit Administration

    administrative expenses

    For necessary administrative expenses of the Federal Transit
    Administration's programs authorized by chapter 53 of title 49, United
    States Code, $113,165,000:  Provided, That none of the funds provided or
    limited in this Act may be used to create a permanent office of transit
    security under this heading:  Provided further, That upon submission to
    the Congress of the fiscal year 2019 President's budget, the Secretary
    of Transportation shall transmit to Congress the annual report on New
    Starts, including proposed allocations for fiscal year 2019.

    transit formula grants

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    For payment of obligations incurred in the Federal Public
    Transportation Assistance Program in this account, and for payment of
    obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
    5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
    5340, as amended by the Fixing America's Surface Transportation Act, and
    section 20005(b) of Public Law 112-141, and section 3006(b) of the
    Fixing America's Surface Transportation Act, $10,300,000,000, to be
    derived from the Mass Transit Account of the Highway Trust Fund and to
    remain available until expended:  Provided, That funds available for the
    implementation or execution of programs authorized under 49 U.S.C. 5305,
    5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
    5340, as amended by the Fixing America's Surface Transportation Act, and
    section 20005(b) of Public Law 112-141, and section 3006(b) of the
    Fixing America's Surface Transportation Act, shall not exceed total
    obligations of $9,733,353,407 in fiscal year 2018:  Provided further,
    That the Federal share of the cost of activities carried out under
    section 5312 shall not exceed 80 percent, except that if there is
    substantial public interest or benefit, the Secretary may approve a
    greater Federal share.

    [[Page 997]]

    transit infrastructure grants

    For an additional amount for buses and bus facilities grants under
    section 5339 of title 49, United States Code, state of good repair
    grants under section 5337 of such title, high density state
    apportionments under section 5340(d) of such title, and the bus testing
    facilities under sections 5312 and 5318 of such title, $834,000,000 to
    remain available until expended:  Provided, That $400,000,000 shall be
    available for grants as authorized under section 5339 of such title, of
    which $209,104,000 shall be available for the buses and bus facilities
    formula grants as authorized under section 5339(a) of such title,
    $161,446,000 shall be available for the buses and bus facilities
    competitive grants as authorized under section 5339(b) of such title,
    and $29,450,000 shall be available for the low or no emission grants as
    authorized under section 5339(c) of such title:  Provided further, That
    $400,000,000 shall be available for the state of good repair grants as
    authorized under section 5337 of such title:  Provided further, That
    $30,000,000 shall be available for the high density state apportionments
    as authorized under section 5340(d) of such title:  Provided further,
    That $2,000,000 shall be available for the bus testing facility as
    authorized under section 5318 of such title:  Provided further, That
    notwithstanding section 5318(a) of such title, $2,000,000 shall be
    available for the operation and maintenance of bus testing facilities by
    institutions of higher education selected pursuant to section 5312(h) of
    such title:  Provided further, That the Secretary shall enter into a
    contract or cooperative agreement with, or make a grant to, each
    institution of higher education selected pursuant to section 5312(h) of
    such title, to operate and maintain a facility to conduct the testing of
    low or no emission vehicle new bus models using the standards
    established pursuant to section 5318(e)(2) of such title:  Provided
    further, That the term ``low or no emission vehicle'' has the meaning
    given the term in section 5312(e)(6) of such title:  Provided further,
    That the Secretary shall pay 80 percent of the cost of testing a low or
    no emission vehicle new bus model at each selected institution of higher
    education:  Provided further, That the entity having the vehicle tested
    shall pay 20 percent of the cost of testing:  Provided further, That a
    low or no emission vehicle new bus model tested that receives a passing
    aggregate test score in accordance with the standards established under
    section 5318(e)(2) of such title, shall be deemed to be in compliance
    with the requirements of section 5318(e) of such title:  Provided
    further, That amounts made available by this heading shall be derived
    from the general fund:  Provided further, That the amounts made
    available under this heading shall not be subject to any limitation on
    obligations for transit programs set forth in any Act.

    technical assistance and training

    For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000.

    capital investment grants

    For necessary expenses to carry out fixed guideway capital
    investment grants under section 5309 of title 49, United States Code,
    $2,644,960,000 to remain available until September 30, 2021:  Provided,
    That of the amounts made available under this heading, $2,252,508,586
    shall be obligated by December 31, 2019:  Provided

    [[Page 998]]

    further, That $5,050,000 from unobligated amounts appropriated for the
    buses and bus facilities program under section 5309 of such title from
    fiscal years 2000 to 2005 shall remain available until September 30,
    2021 to carry out section 5309:  Provided further, That of the amounts
    made available under this heading, $1,506,910,000 shall be available for
    projects authorized under section 5309(d) of such title, $715,700,000
    shall be available for projects authorized under section 5309(e) of such
    title, $400,900,000 shall be available for projects authorized under
    section 5309(h) of such title:  Provided further, That the Secretary
    shall continue to administer the capital investment grant program in
    accordance with the procedural and substantive requirements of section
    5309 of such title.

    grants to the washington metropolitan area transit authority

    For grants to the Washington Metropolitan Area Transit Authority as
    authorized under section 601 of division B of Public Law 110-432,
    $150,000,000, to remain available until expended:  Provided, That the
    Secretary of Transportation shall approve grants for capital and
    preventive maintenance expenditures for the Washington Metropolitan Area
    Transit Authority only after receiving and reviewing a request for each
    specific project:  Provided further, That prior to approving such
    grants, the Secretary shall certify that the Washington Metropolitan
    Area Transit Authority is making progress to improve its safety
    management system in response to the Federal Transit Administration's
    2015 safety management inspection:  Provided further, That the Secretary
    shall determine that the Washington Metropolitan Area Transit Authority
    has placed the highest priority on those investments that will improve
    the safety of the system before approving such grants:  Provided
    further, That the Secretary, in order to ensure safety throughout the
    rail system, may waive the requirements of section 601(e)(1) of division
    B of Public Law 110-432.

    administrative provisions--federal transit administration

    Sec. 160.  The limitations on obligations for the programs of the
    Federal Transit Administration shall not apply to any authority under 49
    U.S.C. 5338, previously made available for obligation, or to any other
    authority previously made available for obligation.
    Sec. 161.  Notwithstanding any other provision of law, any funds
    appropriated before October 1, 2017, under any section of chapter 53 of
    title 49, United States Code, that remain available for expenditure, may
    be transferred to and administered under the most recent appropriation
    heading for any such section.
    Sec. 162. (a) Except as provided in subsection (b), none of the
    funds in this or any other Act may be available to advance in any way a
    new light or heavy rail project towards a full funding grant agreement
    as defined by 49 U.S.C. 5309 for the Metropolitan Transit Authority of
    Harris County, Texas if the proposed capital project is constructed on
    or planned to be constructed on Richmond Avenue west of South Shepherd
    Drive or on Post Oak Boulevard north of Richmond Avenue in Houston,
    Texas.
    (b) The Metropolitan Transit Authority of Harris County, Texas, may
    attempt to construct or construct a new fixed guideway capital

    [[Page 999]]

    project, including light rail, in the locations referred to in
    subsection (a) if--
    (1) voters in the jurisdiction that includes such locations
    approve a ballot proposition that specifies routes on Richmond
    Avenue west of South Shepherd Drive or on Post Oak Boulevard
    north of Richmond Avenue in Houston, Texas; and
    (2) the proposed construction of such routes is part of a
    comprehensive, multi-modal, service-area wide transportation
    plan that includes multiple additional segments of fixed
    guideway capital projects, including light rail for the
    jurisdiction set forth in the ballot proposition. The ballot
    language shall include reasonable cost estimates, sources of
    revenue to be used and the total amount of bonded indebtedness
    to be incurred as well as a description of each route and the
    beginning and end point of each proposed transit project.

    Sec. 163.  Notwithstanding any other provision of law, none of the
    funds made available in this Act shall be used to enter into a full
    funding grant agreement for a project with a New Starts share greater
    than 51 percent.

    Saint Lawrence Seaway Development Corporation

    The Saint Lawrence Seaway Development Corporation is hereby
    authorized to make such expenditures, within the limits of funds and
    borrowing authority available to the Corporation, and in accord with
    law, and to make such contracts and commitments without regard to fiscal
    year limitations, as provided by section 104 of the Government
    Corporation Control Act, as amended, as may be necessary in carrying out
    the programs set forth in the Corporation's budget for the current
    fiscal year.

    operations and maintenance

    (harbor maintenance trust fund)

    For necessary expenses to conduct the operations, maintenance, and
    capital asset renewal activities of those portions of the St. Lawrence
    Seaway owned, operated, and maintained by the Saint Lawrence Seaway
    Development Corporation, $40,000,000, to be derived from the Harbor
    Maintenance Trust Fund, pursuant to Public Law 99-662:  Provided, That
    of the amounts made available under this heading, not less than
    $19,500,000 shall be used on asset renewal activities and shall remain
    available through September 30, 2020.

    Maritime Administration

    maritime security program

    For necessary expenses to maintain and preserve a U.S.-flag merchant
    fleet to serve the national security needs of the United States,
    $300,000,000, to remain available until expended.

    operations and training

    For necessary expenses of operations and training activities
    authorized by law, $513,642,000, of which $22,000,000 shall remain
    available until expended for maintenance and repair of training

    [[Page 1000]]

    ships at State Maritime Academies, and of which $300,000,000 shall
    remain available until expended for the National Security Multi-Mission
    Vessel Program, including funds for construction, planning,
    administration, and design of school ships in accordance with section
    3505 of Public Law 114-328, as applicable, with unobligated balances
    from previous appropriations for the National Security Multi-Mission
    Vessel Program also available for and merged into this appropriation;
    and of which $2,400,000 shall remain available through September 30,
    2019, for the Student Incentive Program at State Maritime Academies, and
    of which $1,800,000 shall remain available until expended for training
    ship fuel assistance payments, and of which $52,000,000 shall remain
    available until expended for facilities maintenance and repair,
    equipment, and capital improvements at the United States Merchant Marine
    Academy, and of which $3,000,000 shall remain available through
    September 30, 2019, for Maritime Environment and Technology Assistance
    program authorized under section 50307 of title 46, United States Code,
    and of which $7,000,000 shall remain available until expended for the
    Short Sea Transportation Program (America's Marine Highways) to make
    grants for the purposes authorized under sections 55601(b)(1) and (3) of
    title 46, United States Code:  Provided, That not later than January 12,
    2019, the Administrator of the Maritime Administration shall transmit to
    the House and Senate Committees on Appropriations the annual report on
    sexual assault and sexual harassment at the United States Merchant
    Marine Academy as required pursuant to section 3507 of Public Law 110-
    417.

    assistance to small shipyards

    To make grants to qualified shipyards as authorized under section
    54101 of title 46, United States Code, as amended by Public Law 113-281,
    $20,000,000 to remain available until expended.

    ship disposal

    For necessary expenses related to the disposal of obsolete vessels
    in the National Defense Reserve Fleet of the Maritime Administration,
    $116,000,000, to remain available until expended.

    maritime guaranteed loan (title xi) program account

    (including transfer of funds)

    For the cost of guaranteed loans, $30,000,000, of which $27,000,000
    shall remain available until expended:  Provided, That such costs,
    including the costs of modifying such loans, shall be defined in section
    502 of the Congressional Budget Act of 1974, as amended:  Provided
    further, That not to exceed $3,000,000 shall be for administrative
    expenses to carry out the guaranteed loan program, which shall be
    transferred to and merged with the appropriations for ``Operations and
    Training'', Maritime Administration.

    administrative provisions--maritime administration

    Sec. 170.  Notwithstanding any other provision of this Act, in
    addition to any existing authority, the Maritime Administration is
    authorized to furnish utilities and services and make necessary repairs
    in connection with any lease, contract, or occupancy

    [[Page 1001]]

    involving Government property under control of the Maritime
    Administration:  Provided, That payments received therefor shall be
    credited to the appropriation charged with the cost thereof and shall
    remain available until expended:  Provided further, That rental payments
    under any such lease, contract, or occupancy for items other than such
    utilities, services, or repairs shall be covered into the Treasury as
    miscellaneous receipts.
    Sec. 171.  None of the funds available or appropriated in this Act
    shall be used by the United States Department of Transportation or the
    United States Maritime Administration to negotiate or otherwise execute,
    enter into, facilitate or perform fee-for-service contracts for vessel
    disposal, scrapping or recycling, unless there is no qualified domestic
    ship recycler that will pay any sum of money to purchase and scrap or
    recycle a vessel owned, operated or managed by the Maritime
    Administration or that is part of the National Defense Reserve Fleet:
    Provided, That such sales offers must be consistent with the
    solicitation and provide that the work will be performed in a timely
    manner at a facility qualified within the meaning of section 3502 of
    Public Law 106-398:  Provided further, That nothing contained herein
    shall affect the Maritime Administration's authority to award contracts
    at least cost to the Federal Government and consistent with the
    requirements of 54 U.S.C. 308704, section 3502, or otherwise authorized
    under the Federal Acquisition Regulation.

    Pipeline and Hazardous Materials Safety Administration

    operational expenses

    For necessary operational expenses of the Pipeline and Hazardous
    Materials Safety Administration, $23,000,000:  Provided, That the
    Secretary <>  of Transportation shall issue a
    final rule to expand the applicability of comprehensive oil spill
    response plans within 5 days of enactment of this Act.

    hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety
    functions of the Pipeline and Hazardous Materials Safety Administration,
    $59,000,000, of which $7,570,000 shall remain available until September
    30, 2020:  Provided, That up to $800,000 in fees collected under 49
    U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
    offsetting receipts:  Provided further, That there may be credited to
    this appropriation, to be available until expended, funds received from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training, for reports publication and
    dissemination, and for travel expenses incurred in performance of
    hazardous materials exemptions and approvals functions.

    pipeline safety

    (pipeline safety fund)

    (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the pipeline
    safety program, for grants-in-aid to carry out a pipeline safety

    [[Page 1002]]

    program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
    program responsibilities of the Oil Pollution Act of 1990, $162,000,000,
    of which $23,000,000 shall be derived from the Oil Spill Liability Trust
    Fund and shall remain available until September 30, 2020; and of which
    $131,000,000 shall be derived from the Pipeline Safety Fund, of which
    $64,736,000 shall remain available until September 30, 2020; and of
    which $8,000,000 shall be derived from fees collected under 49 U.S.C.
    60302 and deposited in the Underground Natural Gas Storage Facility
    Safety Account for the purpose of carrying out 49 U.S.C. 60141 and shall
    remain available until September 30, 2020:  Provided, That not less than
    $1,058,000 of the funds provided under this heading shall be for the
    One-Call State grant program.

    emergency preparedness grants

    (emergency preparedness fund)

    Notwithstanding the fiscal year limitation specified in 49 U.S.C.
    5116, not more than $28,318,000 shall be made available for obligation
    in fiscal year 2018 from amounts made available by 49 U.S.C. 5116(h),
    and 5128(b) and (c):  Provided, That notwithstanding 49 U.S.C.
    5116(h)(4), not more than 4 percent of the amounts made available from
    this account shall be available to pay administrative costs:  Provided
    further, That none of the funds made available by 49 U.S.C. 5116(h),
    5128(b), or 5128(c) shall be made available for obligation by
    individuals other than the Secretary of Transportation, or his or her
    designee.

    Office of Inspector General

    salaries and expenses

    For necessary expenses of the Office of the Inspector General to
    carry out the provisions of the Inspector General Act of 1978, as
    amended, $92,152,000:  Provided, That the Inspector General shall have
    all necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department of Transportation:  Provided further, That the funds made
    available under this heading may be used to investigate, pursuant to
    section 41712 of title 49, United States Code: (1) unfair or deceptive
    practices and unfair methods of competition by domestic and foreign air
    carriers and ticket agents; and (2) the compliance of domestic and
    foreign air carriers with respect to item (1) of this proviso.

    General Provisions--Department of Transportation

    Sec. 180. (a) During the current fiscal year, applicable
    appropriations to the Department of Transportation shall be available
    for maintenance and operation of aircraft; hire of passenger motor
    vehicles and aircraft; purchase of liability insurance for motor
    vehicles operating in foreign countries on official department business;
    and uniforms or allowances therefor, as authorized by law (5 U.S.C.
    5901-5902).

    [[Page 1003]]

    (b) During the current fiscal year, applicable appropriations to the
    Department and its operating administrations shall be available for the
    purchase, maintenance, operation, and deployment of unmanned aircraft
    systems that advance the Department's, or its operating
    administrations', missions.
    (c) Any unmanned aircraft system purchased or procured by the
    Department prior to the enactment of this Act shall be deemed
    authorized.
    Sec. 181.  Appropriations contained in this Act for the Department
    of Transportation shall be available for services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the rate for an Executive Level IV.
    Sec. 182. (a) No recipient of funds made available in this Act shall
    disseminate personal information (as defined in 18 U.S.C. 2725(3))
    obtained by a State department of motor vehicles in connection with a
    motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
    in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not withhold
    funds provided in this Act for any grantee if a State is in
    noncompliance with this provision.
    Sec. 183.  None of the funds in this Act shall be available for
    salaries and expenses of more than 110 political and Presidential
    appointees in the Department of Transportation:  Provided, That none of
    the personnel covered by this provision may be assigned on temporary
    detail outside the Department of Transportation.
    Sec. 184.  Funds received by the Federal Highway Administration and
    Federal Railroad Administration from States, counties, municipalities,
    other public authorities, and private sources for expenses incurred for
    training may be credited respectively to the Federal Highway
    Administration's ``Federal-Aid Highways'' account and to the Federal
    Railroad Administration's ``Safety and Operations'' account, except for
    State rail safety inspectors participating in training pursuant to 49
    U.S.C. 20105.
    Sec. 185. (a) None of the funds provided in this Act to the
    Department of Transportation may be used to make a loan, loan guarantee,
    line of credit, or discretionary grant unless the Secretary of
    Transportation notifies the House and Senate Committees on
    Appropriations not less than 3 full business days before any project
    competitively selected to receive any discretionary grant award, letter
    of intent, loan commitment, loan guarantee commitment, line of credit
    commitment, or full funding grant agreement is announced by the
    Department or its modal administrations:  Provided, That the Secretary
    gives concurrent notification to the House and Senate Committees on
    Appropriations for any ``quick release'' of funds from the emergency
    relief program:  Provided further, That no notification shall involve
    funds that are not available for obligation.
    (b) In addition to the notification required in subsection (a), none
    of the funds made available in this Act to the Department of
    Transportation may be used to make a loan, loan guarantee, line of
    credit, cooperative agreement or discretionary grant unless the
    Secretary of Transportation provides the House and Senate Committees on
    Appropriations a comprehensive list of all such loans, loan guarantees,
    lines of credit, cooperative agreement or discretionary grants that will
    be announced not less the 3 full business days before such announcement:
    Provided, That the

    [[Page 1004]]

    requirement to provide a list in this subsection does not apply to any
    ``quick release'' of funds from the emergency relief program:  Provided
    further, That no list shall involve funds that are not available for
    obligation.
    Sec. 186.  Rebates, refunds, incentive payments, minor fees and
    other funds received by the Department of Transportation from travel
    management centers, charge card programs, the subleasing of building
    space, and miscellaneous sources are to be credited to appropriations of
    the Department of Transportation and allocated to elements of the
    Department of Transportation using fair and equitable criteria and such
    funds shall be available until expended.
    Sec. 187.  Amounts made available in this or any prior Act that the
    Secretary determines represent improper payments by the Department of
    Transportation to a third-party contractor under a financial assistance
    award, which are recovered pursuant to law, shall be available--
    (1) to reimburse the actual expenses incurred by the
    Department of Transportation in recovering improper payments:
    Provided, That amounts made available in this Act shall be
    available until expended; and
    (2) to pay contractors for services provided in recovering
    improper payments or contractor support in the implementation of
    the Improper Payments Information Act of 2002:  Provided, That
    amounts in excess of that required for paragraphs (1) and (2)--
    (A) shall be credited to and merged with the
    appropriation from which the improper payments were
    made, and shall be available for the purposes and period
    for which such appropriations are available:  Provided
    further, That where specific project or accounting
    information associated with the improper payment or
    payments is not readily available, the Secretary may
    credit an appropriate account, which shall be available
    for the purposes and period associated with the account
    so credited; or
    (B) if no such appropriation remains available,
    shall be deposited in the Treasury as miscellaneous
    receipts:  Provided further, That prior to the transfer
    of any such recovery to an appropriations account, the
    Secretary shall notify the House and Senate Committees
    on Appropriations of the amount and reasons for such
    transfer:  Provided further, That for purposes of this
    section, the term ``improper payments'' has the same
    meaning as that provided in section 2(d)(2) of Public
    Law 107-300.

    Sec. 188.  Notwithstanding any other provision of law, if any funds
    provided in or limited by this Act are subject to a reprogramming action
    that requires notice to be provided to the House and Senate Committees
    on Appropriations, transmission of said reprogramming notice shall be
    provided solely to the House and Senate Committees on Appropriations,
    and said reprogramming action shall be approved or denied solely by the
    House and Senate Committees on Appropriations:  Provided, That the
    Secretary of Transportation may provide notice to other congressional
    committees of the action of the House and Senate Committees on
    Appropriations on such reprogramming but not sooner than 30 days
    following the date on which the reprogramming action has been

    [[Page 1005]]

    approved or denied by the House and Senate Committees on Appropriations.
    Sec. 189.  Funds appropriated in this Act to the modal
    administrations may be obligated for the Office of the Secretary for the
    costs related to assessments or reimbursable agreements only when such
    amounts are for the costs of goods and services that are purchased to
    provide a direct benefit to the applicable modal administration or
    administrations.
    Sec. 190.  The Secretary of Transportation is authorized to carry
    out a program that establishes uniform standards for developing and
    supporting agency transit pass and transit benefits authorized under
    section 7905 of title 5, United States Code, including distribution of
    transit benefits by various paper and electronic media.
    Sec. 191.  The Department of Transportation may use funds provided
    by this Act, or any other Act, to assist a contract under title 49
    U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other
    hiring preference not otherwise authorized by law, or to amend a rule,
    regulation, policy or other measure that forbids a recipient of a
    Federal Highway Administration or Federal Transit Administration grant
    from imposing such hiring preference on a contract or construction
    project with which the Department of Transportation is assisting, only
    if the grant recipient certifies the following:
    (1) that except with respect to apprentices or trainees, a
    pool of readily available but unemployed individuals possessing
    the knowledge, skill, and ability to perform the work that the
    contract requires resides in the jurisdiction;
    (2) that the grant recipient will include appropriate
    provisions in its bid document ensuring that the contractor does
    not displace any of its existing employees in order to satisfy
    such hiring preference; and
    (3) that any increase in the cost of labor, training, or
    delays resulting from the use of such hiring preference does not
    delay or displace any transportation project in the applicable
    Statewide Transportation Improvement Program or Transportation
    Improvement Program.

    This title may be cited as the ``Department of Transportation
    Appropriations Act, 2018''.

    TITLE <>  II

    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

    Management and Administration

    executive offices

    For necessary salaries and expenses for Executive Offices, which
    shall be comprised of the offices of the Secretary, Deputy Secretary,
    Adjudicatory Services, Congressional and Intergovernmental Relations,
    Public Affairs, Small and Disadvantaged Business Utilization, and the
    Center for Faith-Based and Neighborhood Partnerships, $14,708,000:
    Provided, That not to exceed $19,876 of the amount made available under
    this heading shall be available to the Secretary for official reception
    and representation expenses as the Secretary may determine.

    [[Page 1006]]

    administrative support offices

    For necessary salaries and expenses for Administrative Support
    Offices, $518,303,000, of which $52,200,000 shall be available for the
    Office of the Chief Financial Officer; $95,400,000 shall be available
    for the Office of the General Counsel; $204,253,000 shall be available
    for the Office of Administration; $39,300,000 shall be available for the
    Office of the Chief Human Capital Officer; $53,500,000 shall be
    available for the Office of Field Policy and Management; $19,500,000
    shall be available for the Office of the Chief Procurement Officer;
    $3,800,000 shall be available for the Office of Departmental Equal
    Employment Opportunity; $4,950,000 shall be available for the Office of
    Strategic Planning and Management; and $45,400,000 shall be available
    for the Office of the Chief Information Officer:  Provided, That funds
    provided under this heading may be used for necessary administrative and
    non-administrative expenses of the Department of Housing and Urban
    Development, not otherwise provided for, including purchase of uniforms,
    or allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
    passenger motor vehicles; and services as authorized by 5 U.S.C. 3109:
    Provided further, That notwithstanding any other provision of law, funds
    appropriated under this heading may be used for advertising and
    promotional activities that directly support program activities funded
    in this title:  Provided further, That the Secretary shall provide the
    House and Senate Committees on Appropriations quarterly written
    notification regarding the status of pending congressional reports:
    Provided further, That the Secretary shall provide in electronic form
    all signed reports required by Congress:  Provided further, That within
    30 days of enactment of this Act, the Secretary shall submit to the
    House and Senate Committees on Appropriations organization charts
    reflecting the Department's and each office's structure (to the branch
    level) on October 1, 2017 and on the date of enactment of this Act.

    Program Office Salaries and Expenses

    public and indian housing

    For necessary salaries and expenses of the Office of Public and
    Indian Housing, $216,633,000.

    community planning and development

    For necessary salaries and expenses of the Office of Community
    Planning and Development, $107,554,000.

    housing

    For necessary salaries and expenses of the Office of Housing,
    $383,000,000.

    policy development and research

    For necessary salaries and expenses of the Office of Policy
    Development and Research, $24,065,000.

    [[Page 1007]]

    fair housing and equal opportunity

    For necessary salaries and expenses of the Office of Fair Housing
    and Equal Opportunity, $69,808,000.

    office of lead hazard control and healthy homes

    For necessary salaries and expenses of the Office of Lead Hazard
    Control and Healthy Homes, $7,600,000.

    working capital fund

    (including transfer of funds)

    For the working capital fund for the Department of Housing and Urban
    Development (referred to in this paragraph as the ``Fund''), pursuant,
    in part, to section 7(f) of the Department of Housing and Urban
    Development Act (42 U.S.C. 3535(f)), amounts transferred to the Fund
    under this heading shall be available for Federal shared services used
    by offices and agencies of the Department, and for such portion of any
    office or agency's printing, records management, space renovation,
    furniture, or supply services as the Secretary determines shall be
    derived from centralized sources made available by the Department to all
    offices and agencies and funded through the Fund:  Provided, That of the
    amounts made available in this title for salaries and expenses under the
    headings ``Executive Offices'', ``Administrative Support Offices'',
    ``Program Office Salaries and Expenses'', and ``Government National
    Mortgage Association'', the Secretary shall transfer to the Fund such
    amounts, to remain available until expended, as are necessary to fund
    services, specified in the matter preceding the first proviso, for which
    the appropriation would otherwise have been available, and may transfer
    not to exceed an additional $5,000,000, in aggregate, from all such
    appropriations, to be merged with the Fund and to remain available until
    expended for use for any office or agency:  Provided further, That
    amounts in the Fund shall be the only amounts available to each office
    or agency of the Department for the services, or portion of services,
    specified in the matter preceding the first proviso:  Provided further,
    That with respect to the Fund, the authorities and conditions under this
    heading shall supplement the authorities and conditions provided under
    section 7(f).

    Public and Indian Housing

    tenant-based rental assistance

    For activities and assistance for the provision of tenant-based
    rental assistance authorized under the United States Housing Act of
    1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
    otherwise provided for, $18,015,000,000, to remain available until
    expended, shall be available on October 1, 2017 (in addition to the
    $4,000,000,000 previously appropriated under this heading that shall be
    available on October 1, 2017), and $4,000,000,000, to remain available
    until expended, shall be available on October 1, 2018:  Provided, That
    the amounts made available under this heading are provided as follows:
    (1) $19,600,000,000 shall be available for renewals of
    expiring section 8 tenant-based annual contributions contracts

    [[Page 1008]]

    (including renewals of enhanced vouchers under any provision of
    law authorizing such assistance under section 8(t) of the Act)
    and including renewal of other special purpose incremental
    vouchers:  Provided, That notwithstanding any other provision of
    law, from amounts provided under this paragraph and any
    carryover, the Secretary for the calendar year 2018 funding
    cycle shall provide renewal funding for each public housing
    agency based on validated voucher management system (VMS)
    leasing and cost data for the prior calendar year and by
    applying an inflation factor as established by the Secretary, by
    notice published in the Federal Register, and by making any
    necessary adjustments for the costs associated with the first-
    time renewal of vouchers under this paragraph including tenant
    protection, HOPE VI, and Choice Neighborhoods vouchers:
    Provided further, That none of the funds provided under this
    paragraph may be used to fund a total number of unit months
    under lease which exceeds a public housing agency's authorized
    level of units under contract, except for public housing
    agencies participating in the MTW demonstration, which are
    instead governed by the terms and conditions of their MTW
    agreements:  Provided further, That the Secretary shall, to the
    extent necessary to stay within the amount specified under this
    paragraph (except as otherwise modified under this paragraph),
    prorate each public housing agency's allocation otherwise
    established pursuant to this paragraph:  Provided further, That
    except as provided in the following provisos, the entire amount
    specified under this paragraph (except as otherwise modified
    under this paragraph) shall be obligated to the public housing
    agencies based on the allocation and pro rata method described
    above, and the Secretary shall notify public housing agencies of
    their annual budget by the latter of 60 days after enactment of
    this Act or March 1, 2018:  Provided further, That the Secretary
    may extend the notification period with the prior written
    approval of the House and Senate Committees on Appropriations:
    Provided further, That public housing agencies participating in
    the MTW demonstration shall be funded pursuant to their MTW
    agreements and shall be subject to the same pro rata adjustments
    under the previous provisos:  Provided further, That the
    Secretary may offset public housing agencies' calendar year 2018
    allocations based on the excess amounts of public housing
    agencies' net restricted assets accounts, including HUD-held
    programmatic reserves (in accordance with VMS data in calendar
    year 2017 that is verifiable and complete), as determined by the
    Secretary:  Provided further, That public housing agencies
    participating in the MTW demonstration shall also be subject to
    the offset, as determined by the Secretary, excluding amounts
    subject to the single fund budget authority provisions of their
    MTW agreements, from the agencies' calendar year 2018 MTW
    funding allocation:  Provided further, That the Secretary shall
    use any offset referred to in the previous two provisos
    throughout the calendar year to prevent the termination of
    rental assistance for families as the result of insufficient
    funding, as determined by the Secretary, and to avoid or reduce
    the proration of renewal funding allocations:  Provided further,
    That up to $75,000,000 shall be available only: (1) for
    adjustments in the allocations for public housing agencies,
    after application

    [[Page 1009]]

    for an adjustment by a public housing agency that experienced a
    significant increase, as determined by the Secretary, in renewal
    costs of vouchers resulting from unforeseen circumstances or
    from portability under section 8(r) of the Act; (2) for vouchers
    that were not in use during the previous 12-month period in
    order to be available to meet a commitment pursuant to section
    8(o)(13) of the Act; (3) for adjustments for costs associated
    with HUD-Veterans Affairs Supportive Housing (HUD-VASH)
    vouchers; and (4) for public housing agencies that despite
    taking reasonable cost savings measures, as determined by the
    Secretary, would otherwise be required to terminate rental
    assistance for families as a result of insufficient funding:
    Provided further, That the Secretary shall allocate amounts
    under the previous proviso based on need, as determined by the
    Secretary;
    (2) $85,000,000 shall be for section 8 rental assistance for
    relocation and replacement of housing units that are demolished
    or disposed of pursuant to section 18 of the Act, conversion of
    section 23 projects to assistance under section 8, the family
    unification program under section 8(x) of the Act, relocation of
    witnesses in connection with efforts to combat crime in public
    and assisted housing pursuant to a request from a law
    enforcement or prosecution agency, enhanced vouchers under any
    provision of law authorizing such assistance under section 8(t)
    of the Act, HOPE VI and Choice Neighborhood vouchers, mandatory
    and voluntary conversions, and tenant protection assistance
    including replacement and relocation assistance or for project-
    based assistance to prevent the displacement of unassisted
    elderly tenants currently residing in section 202 properties
    financed between 1959 and 1974 that are refinanced pursuant to
    Public Law 106-569, as amended, or under the authority as
    provided under this Act:  Provided, That when a public housing
    development is submitted for demolition or disposition under
    section 18 of the Act, the Secretary may provide section 8
    rental assistance when the units pose an imminent health and
    safety risk to residents:  Provided further, That the Secretary
    may only provide replacement vouchers for units that were
    occupied within the previous 24 months that cease to be
    available as assisted housing, subject only to the availability
    of funds:  Provided further, That of the amounts made available
    under this paragraph, $5,000,000 may be available to provide
    tenant protection assistance, not otherwise provided under this
    paragraph, to residents residing in low vacancy areas and who
    may have to pay rents greater than 30 percent of household
    income, as the result of: (A) the maturity of a HUD-insured,
    HUD-held or section 202 loan that requires the permission of the
    Secretary prior to loan prepayment; (B) the expiration of a
    rental assistance contract for which the tenants are not
    eligible for enhanced voucher or tenant protection assistance
    under existing law; or (C) the expiration of affordability
    restrictions accompanying a mortgage or preservation program
    administered by the Secretary:  Provided further, That such
    tenant protection assistance made available under the previous
    proviso may be provided under the authority of section 8(t) or
    section 8(o)(13) of the United States Housing Act of 1937 (42
    U.S.C. 1437f(t)):  Provided further, That the Secretary shall
    issue guidance to implement

    [[Page 1010]]

    the previous provisos, including, but not limited to,
    requirements for defining eligible at-risk households within 60
    days of the enactment of this Act:  Provided further, That any
    tenant protection voucher made available from amounts under this
    paragraph shall not be reissued by any public housing agency,
    except the replacement vouchers as defined by the Secretary by
    notice, when the initial family that received any such voucher
    no longer receives such voucher, and the authority for any
    public housing agency to issue any such voucher shall cease to
    exist:  Provided further, That the Secretary may provide section
    8 rental assistance from amounts made available under this
    paragraph for units assisted under a project-based subsidy
    contract funded under the ``Project-Based Rental Assistance''
    heading under this title where the owner has received a Notice
    of Default and the units pose an imminent health and safety risk
    to residents:  Provided further, That to the extent that the
    Secretary determines that such units are not feasible for
    continued rental assistance payments or transfer of the subsidy
    contract associated with such units to another project or
    projects and owner or owners, any remaining amounts associated
    with such units under such contract shall be recaptured and used
    to reimburse amounts used under this paragraph for rental
    assistance under the preceding proviso;
    (3) $1,760,000,000 shall be for administrative and other
    expenses of public housing agencies in administering the section
    8 tenant-based rental assistance program, of which up to
    $30,000,000 shall be available to the Secretary to allocate to
    public housing agencies that need additional funds to administer
    their section 8 programs, including fees associated with section
    8 tenant protection rental assistance, the administration of
    disaster related vouchers, Veterans Affairs Supportive Housing
    vouchers, and other special purpose incremental vouchers:
    Provided, That no less than $1,730,000,000 of the amount
    provided in this paragraph shall be allocated to public housing
    agencies for the calendar year 2018 funding cycle based on
    section 8(q) of the Act (and related Appropriation Act
    provisions) as in effect immediately before the enactment of the
    Quality Housing and Work Responsibility Act of 1998 (Public Law
    105-276):  Provided further, That if the amounts made available
    under this paragraph are insufficient to pay the amounts
    determined under the previous proviso, the Secretary may
    decrease the amounts allocated to agencies by a uniform
    percentage applicable to all agencies receiving funding under
    this paragraph or may, to the extent necessary to provide full
    payment of amounts determined under the previous proviso,
    utilize unobligated balances, including recaptures and
    carryovers, remaining from funds appropriated to the Department
    of Housing and Urban Development under this heading from prior
    fiscal years, excluding special purpose vouchers,
    notwithstanding the purposes for which such amounts were
    appropriated:  Provided further, That all public housing
    agencies participating in the MTW demonstration shall be funded
    pursuant to their MTW agreements, and shall be subject to the
    same uniform percentage decrease as under the previous proviso:
    Provided further, That amounts provided under this paragraph
    shall be only for activities related to the provision of

    [[Page 1011]]

    tenant-based rental assistance authorized under section 8,
    including related development activities;
    (4) $505,000,000 for the renewal of tenant-based assistance
    contracts under section 811 of the Cranston-Gonzalez National
    Affordable Housing Act (42 U.S.C. 8013), including necessary
    administrative expenses:  Provided, That administrative and
    other expenses of public housing agencies in administering the
    special purpose vouchers in this paragraph shall be funded under
    the same terms and be subject to the same pro rata reduction as
    the percent decrease for administrative and other expenses to
    public housing agencies under paragraph (3) of this heading:
    Provided further, That any amounts provided under this paragraph
    in this Act or prior Acts, remaining available after funding
    renewals and administrative expenses under this paragraph, shall
    be available for incremental tenant-based assistance contracts
    under such section 811, including necessary administrative
    expenses;
    (5) $5,000,000 shall be for rental assistance and associated
    administrative fees for Tribal HUD-VA Supportive Housing to
    serve Native American veterans that are homeless or at-risk of
    homelessness living on or near a reservation or other Indian
    areas:  Provided, That such amount shall be made available for
    renewal grants to recipients that received assistance under
    prior Acts under the Tribal HUD-VA Supportive Housing program:
    Provided further, That the Secretary shall be authorized to
    specify criteria for renewal grants, including data on the
    utilization of assistance reported by grant recipients:
    Provided further, That such assistance shall be administered in
    accordance with program requirements under the Native American
    Housing Assistance and Self-Determination Act of 1996 and
    modeled after the HUD-VASH program:  Provided further, That the
    Secretary shall be authorized to waive, or specify alternative
    requirements for any provision of any statute or regulation that
    the Secretary administers in connection with the use of funds
    made available under this paragraph (except for requirements
    related to fair housing, nondiscrimination, labor standards, and
    the environment), upon a finding by the Secretary that any such
    waivers or alternative requirements are necessary for the
    effective delivery and administration of such assistance:
    Provided further, That grant recipients shall report to the
    Secretary on utilization of such rental assistance and other
    program data, as prescribed by the Secretary:  Provided further,
    That the Secretary may reallocate, as determined by the
    Secretary, amounts returned or recaptured from awards under
    prior acts;
    (6) $40,000,000 for incremental rental voucher assistance
    for use through a supported housing program administered in
    conjunction with the Department of Veterans Affairs as
    authorized under section 8(o)(19) of the United States Housing
    Act of 1937:  Provided, That the Secretary of Housing and Urban
    Development shall make such funding available, notwithstanding
    section 203 (competition provision) of this title, to public
    housing agencies that partner with eligible VA Medical Centers
    or other entities as designated by the Secretary of the
    Department of Veterans Affairs, based on geographical need for
    such assistance as identified by the Secretary of the

    [[Page 1012]]

    Department of Veterans Affairs, public housing agency
    administrative performance, and other factors as specified by
    the Secretary of Housing and Urban Development in consultation
    with the Secretary of the Department of Veterans Affairs:
    Provided further, That the Secretary of Housing and Urban
    Development may waive, or specify alternative requirements for
    (in consultation with the Secretary of the Department of
    Veterans Affairs), any provision of any statute or regulation
    that the Secretary of Housing and Urban Development administers
    in connection with the use of funds made available under this
    paragraph (except for requirements related to fair housing,
    nondiscrimination, labor standards, and the environment), upon a
    finding by the Secretary that any such waivers or alternative
    requirements are necessary for the effective delivery and
    administration of such voucher assistance:  Provided further,
    That assistance made available under this paragraph shall
    continue to remain available for homeless veterans upon turn-
    over;
    (7) $20,000,000 shall be made available for new incremental
    voucher assistance through the family unification program as
    authorized by section 8(x) of the Act:  Provided, That the
    assistance made available under this paragraph shall continue to
    remain available for family unification upon turnover:  Provided
    further, That for any public housing agency administering
    voucher assistance appropriated in a prior Act under the family
    unification program that determines that it no longer has an
    identified need for such assistance upon turnover, such agency
    shall notify the Secretary, and the Secretary shall recapture
    such assistance from the agency and reallocate it to any other
    public housing agency or agencies based on need for voucher
    assistance in connection with such program; and
    (8) the Secretary shall separately track all special purpose
    vouchers funded under this heading.

    housing certificate fund

    (including rescissions)

    Unobligated balances, including recaptures and carryover, remaining
    from funds appropriated to the Department of Housing and Urban
    Development under this heading, the heading ``Annual Contributions for
    Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
    for fiscal year 2018 and prior years may be used for renewal of or
    amendments to section 8 project-based contracts and for performance-
    based contract administrators, notwithstanding the purposes for which
    such funds were appropriated:  Provided, That any obligated balances of
    contract authority from fiscal year 1974 and prior that have been
    terminated shall be rescinded:  Provided further, That amounts
    heretofore recaptured, or recaptured during the current fiscal year,
    from section 8 project-based contracts from source years fiscal year
    1975 through fiscal year 1987 are hereby rescinded, and an amount of
    additional new budget authority, equivalent to the amount rescinded is
    hereby appropriated, to remain available until expended, for the
    purposes set forth under this heading, in addition to amounts otherwise
    available.

    [[Page 1013]]

    public housing capital fund

    For the Public Housing Capital Fund Program to carry out capital and
    management activities for public housing agencies, as authorized under
    section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g)
    (the ``Act'') $2,750,000,000, to remain available until September 30,
    2021:  Provided, That notwithstanding any other provision of law or
    regulation, during fiscal year 2018, the Secretary of Housing and Urban
    Development may not delegate to any Department official other than the
    Deputy Secretary and the Assistant Secretary for Public and Indian
    Housing any authority under paragraph (2) of section 9(j) regarding the
    extension of the time periods under such section:  Provided further,
    That for purposes of such section 9(j), the term ``obligate'' means,
    with respect to amounts, that the amounts are subject to a binding
    agreement that will result in outlays, immediately or in the future:
    Provided further, That up to $8,300,000 shall be to support ongoing
    public housing financial and physical assessment activities:  Provided
    further, That up to $1,000,000 shall be to support the costs of
    administrative and judicial receiverships:  Provided further, That of
    the total amount provided under this heading, not to exceed $21,500,000
    shall be available for the Secretary to make grants, notwithstanding
    section 203 of this Act, to public housing agencies for emergency
    capital needs including safety and security measures necessary to
    address crime and drug-related activity as well as needs resulting from
    unforeseen or unpreventable emergencies and natural disasters excluding
    Presidentially declared emergencies and natural disasters under the
    Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et
    seq.) occurring in fiscal year 2018:  Provided further, That of the
    amount made available under the previous proviso, not less than
    $5,000,000 shall be for safety and security measures:  Provided further,
    That in addition to the amount in the previous proviso for such safety
    and security measures, any amounts that remain available, after all
    applications received on or before September 30, 2019, for emergency
    capital needs have been processed, shall be allocated to public housing
    agencies for such safety and security measures:  Provided further, That
    of the total amount provided under this heading, up to $35,000,000 shall
    be for supportive services, service coordinators and congregate services
    as authorized by section 34 of the Act (42 U.S.C. 1437z-6) and the
    Native American Housing Assistance and Self-Determination Act of 1996
    (25 U.S.C. 4101 et seq.):  Provided further, That of the total amount
    made available under this heading, $15,000,000 shall be for a Jobs-Plus
    initiative modeled after the Jobs-Plus demonstration:  Provided further,
    That funding provided under the previous proviso shall be available for
    competitive grants to partnerships between public housing authorities,
    local workforce investment boards established under section 117 of the
    Workforce Investment Act of 1998, and other agencies and organizations
    that provide support to help public housing residents obtain employment
    and increase earnings:  Provided further, That applicants must
    demonstrate the ability to provide services to residents, partner with
    workforce investment boards, and leverage service dollars:  Provided
    further, That the Secretary may allow public housing agencies to request
    exemptions from rent and income limitation requirements under sections 3
    and 6 of the United States Housing Act of 1937 as necessary to implement
    the Jobs-Plus program, on such terms

    [[Page 1014]]

    and conditions as the Secretary may approve upon a finding by the
    Secretary that any such waivers or alternative requirements are
    necessary for the effective implementation of the Jobs-Plus initiative
    as a voluntary program for residents:  Provided further, That the
    Secretary shall publish by notice in the Federal Register any waivers or
    alternative requirements pursuant to the preceding proviso no later than
    10 days before the effective date of such notice:  Provided further,
    That for funds provided under this heading, the limitation in section
    9(g)(1) of the Act shall be 25 percent:  Provided further, That the
    Secretary may waive the limitation in the previous proviso to allow
    public housing agencies to fund activities authorized under section
    9(e)(1)(C) of the Act:  Provided further, That the Secretary shall
    notify public housing agencies requesting waivers under the previous
    proviso if the request is approved or denied within 14 days of
    submitting the request:  Provided further, That from the funds made
    available under this heading, the Secretary shall provide bonus awards
    in fiscal year 2018 to public housing agencies that are designated high
    performers:  Provided further, That the Department shall notify public
    housing agencies of their formula allocation within 60 days of enactment
    of this Act.

    public housing operating fund

    For 2018 payments to public housing agencies for the operation and
    management of public housing, as authorized by section 9(e) of the
    United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,550,000,000,
    to remain available until September 30, 2019.

    choice neighborhoods initiative

    For competitive grants under the Choice Neighborhoods Initiative
    (subject to section 24 of the United States Housing Act of 1937 (42
    U.S.C. 1437v), unless otherwise specified under this heading), for
    transformation, rehabilitation, and replacement housing needs of both
    public and HUD-assisted housing and to transform neighborhoods of
    poverty into functioning, sustainable mixed income neighborhoods with
    appropriate services, schools, public assets, transportation and access
    to jobs, $150,000,000, to remain available until September 30, 2020:
    Provided, That grant funds may be used for resident and community
    services, community development, and affordable housing needs in the
    community, and for conversion of vacant or foreclosed properties to
    affordable housing:  Provided further, That the use of funds made
    available under this heading shall not be deemed to be public housing
    notwithstanding section 3(b)(1) of such Act:  Provided further, That
    grantees shall commit to an additional period of affordability
    determined by the Secretary of not fewer than 20 years:  Provided
    further, That grantees shall provide a match in State, local, other
    Federal or private funds:  Provided further, That grantees may include
    local governments, tribal entities, public housing authorities, and
    nonprofits:  Provided further, That for-profit developers may apply
    jointly with a public entity:  Provided further, That for purposes of
    environmental review, a grantee shall be treated as a public housing
    agency under section 26 of the United States Housing Act of 1937 (42
    U.S.C. 1437x), and grants under this heading shall be subject to the
    regulations issued by the Secretary to implement such section:  Provided
    further, That of the amount provided,

    [[Page 1015]]

    not less than $75,000,000 shall be awarded to public housing agencies:
    Provided further, That such grantees shall create partnerships with
    other local organizations including assisted housing owners, service
    agencies, and resident organizations:  Provided further, That the
    Secretary shall consult with the Secretaries of Education, Labor,
    Transportation, Health and Human Services, Agriculture, and Commerce,
    the Attorney General, and the Administrator of the Environmental
    Protection Agency to coordinate and leverage other appropriate Federal
    resources:  Provided further, That no more than $5,000,000 of funds made
    available under this heading may be provided as grants to undertake
    comprehensive local planning with input from residents and the
    community:  Provided further, That unobligated balances, including
    recaptures, remaining from funds appropriated under the heading
    ``Revitalization of Severely Distressed Public Housing (HOPE VI)'' in
    fiscal year 2011 and prior fiscal years may be used for purposes under
    this heading, notwithstanding the purposes for which such amounts were
    appropriated:  Provided further, That the Secretary shall issue the
    Notice of Funding Availability for funds made available under this
    heading no later than 60 days after enactment of this Act:  Provided
    further, That the Secretary shall make grant awards no later than 270
    days after enactment of this Act in such amounts that the Secretary
    determines.

    family self-sufficiency

    For the Family Self-Sufficiency program to support family self-
    sufficiency coordinators under section 23 of the United States Housing
    Act of 1937, to promote the development of local strategies to
    coordinate the use of assistance under sections 8(o) and 9 of such Act
    with public and private resources, and enable eligible families to
    achieve economic independence and self-sufficiency, $75,000,000, to
    remain available until September 30, 2019:  Provided, That the Secretary
    may, by Federal Register notice, waive or specify alternative
    requirements under subsections b(3), b(4), b(5), or c(1) of section 23
    of such Act in order to facilitate the operation of a unified self-
    sufficiency program for individuals receiving assistance under different
    provisions of the Act, as determined by the Secretary:  Provided
    further, That owners of a privately owned multifamily property with a
    section 8 contract may voluntarily make a Family Self-Sufficiency
    program available to the assisted tenants of such property in accordance
    with procedures established by the Secretary:  Provided further, That
    such procedures established pursuant to the previous proviso shall
    permit participating tenants to accrue escrow funds in accordance with
    section 23(d)(2) and shall allow owners to use funding from residual
    receipt accounts to hire coordinators for their own Family Self-
    Sufficiency program.

    native american housing block grants

    (including transfer of funds)

    For the Native American Housing Block Grants program, as authorized
    under title I of the Native American Housing Assistance and Self-
    Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
    $655,000,000, to remain available until September 30, 2022:  Provided,
    That, notwithstanding NAHASDA, to determine

    [[Page 1016]]

    the amount of the allocation under title I of such Act for each Indian
    tribe, the Secretary shall apply the formula under section 302 of such
    Act with the need component based on single-race census data and with
    the need component based on multi-race census data, and the amount of
    the allocation for each Indian tribe shall be the greater of the two
    resulting allocation amounts:  Provided further, That of the amounts
    made available under this heading, $7,000,000 shall be for providing
    training and technical assistance to Indian housing authorities and
    tribally designated housing entities, to support the inspection of
    Indian housing units, contract expertise, and for training and technical
    assistance related to funding provided under this heading and other
    headings under this Act for the needs of Native American families and
    Indian country:  Provided further, That of the funds made available
    under the previous provisos, not less than $2,000,000 shall be made
    available for a national organization as authorized under section 703 of
    NAHASDA (25 U.S.C. 4212):  Provided further, That amounts made available
    under the previous two provisos may be used, contracted, or competed as
    determined by the Secretary:  Provided further, That of the amount
    provided under this heading, $2,000,000 shall be made available for the
    cost of guaranteed notes and other obligations, as authorized by title
    VI of NAHASDA:  Provided further, That such costs, including the costs
    of modifying such notes and other obligations, shall be as defined in
    section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize the total
    principal amount of any notes and other obligations, any part of which
    is to be guaranteed, not to exceed $17,391,304:  Provided further, That
    the Department will notify grantees of their formula allocation within
    60 days of the date of enactment of this Act:  Provided further, That
    for an additional amount for the Native American Housing Block Grants
    program, as authorized under title I of NAHASDA, $100,000,000 to remain
    available until September 30, 2022:  Provided further, That the
    Secretary shall obligate this additional amount for competitive grants
    to eligible recipients authorized under NAHASDA that apply for funds:
    Provided further, That in awarding this additional amount, the Secretary
    shall consider need and administrative capacity, and shall give priority
    to projects that will spur construction and rehabilitation:  Provided
    further, That up to 1 percent of this additional amount may be
    transferred, in aggregate, to ``Program Office Salaries and Expenses--
    Public and Indian Housing'' for necessary costs of administering and
    overseeing the obligation and expenditure of this additional amount:
    Provided further, That any funds transferred pursuant to the previous
    proviso shall remain available until September 30, 2023.

    indian housing loan guarantee fund program account

    For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
    $1,000,000, to remain available until expended:  Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974:  Provided
    further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, up to $270,270,270, to
    remain available until expended:  Provided

    [[Page 1017]]

    further, That up to $750,000 of this amount may be for administrative
    contract expenses including management processes and systems to carry
    out the loan guarantee program.

    native hawaiian housing block grant

    For the Native Hawaiian Housing Block Grant program, as authorized
    under title VIII of the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,000,000 to remain
    available until September 30, 2022:  Provided, That notwithstanding
    section 812(b) of such Act, the Department of Hawaiian Home Lands may
    not invest grant amounts provided under this heading in investment
    securities and other obligations:  Provided further, That the language
    under the first proviso under the heading ``Native Hawaiian Housing
    Block Grant'' in the Department of Housing and Urban Development
    Appropriations Act, 2015 (Public Law 113-235) <>
    is amended by striking ``Hawaii-based'':  Provided further, That amounts
    made available under this heading in this and prior fiscal years may be
    used to provide rental assistance to eligible Native Hawaiian families
    both on and off the Hawaiian Home Lands, notwithstanding any other
    provision of law.

    Community Planning and Development

    housing opportunities for persons with aids

    For carrying out the Housing Opportunities for Persons with AIDS
    program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
    12901 et seq.), $375,000,000, to remain available until September 30,
    2019, except that amounts allocated pursuant to section 854(c)(5) of
    such Act shall remain available until September 30, 2020:  Provided,
    That the Secretary shall renew all expiring contracts for permanent
    supportive housing that initially were funded under section 854(c)(5) of
    such Act from funds made available under this heading in fiscal year
    2010 and prior fiscal years that meet all program requirements before
    awarding funds for new contracts under such section:  Provided further,
    That the Department shall notify grantees of their formula allocation
    within 60 days of enactment of this Act.

    community development fund

    For assistance to units of State and local government, and to other
    entities, for economic and community development activities, and for
    other purposes, $3,365,000,000, to remain available until September 30,
    2020, unless otherwise specified:  Provided, That of the total amount
    provided, $3,300,000,000 is for carrying out the community development
    block grant program under title I of the Housing and Community
    Development Act of 1974, as amended (``the Act'' herein) (42 U.S.C. 5301
    et seq.):  Provided further, That unless explicitly provided for under
    this heading, not to exceed 20 percent of any grant made with funds
    appropriated under this heading shall be expended for planning and
    management development and administration:  Provided further, That a
    metropolitan city, urban county, unit of general local government,
    Indian tribe, or insular area that directly or indirectly receives funds
    under this heading may not sell, trade, or otherwise transfer all

    [[Page 1018]]

    or any portion of such funds to another such entity in exchange for any
    other funds, credits or non-Federal considerations, but must use such
    funds for activities eligible under title I of the Act:  Provided
    further, That notwithstanding section 105(e)(1) of the Act, no funds
    provided under this heading may be provided to a for-profit entity for
    an economic development project under section 105(a)(17) unless such
    project has been evaluated and selected in accordance with guidelines
    required under subsection (e)(2):  Provided further, That the Department
    shall notify grantees of their formula allocation within 60 days of
    enactment of this Act:  Provided further, That of the total amount
    provided under this heading, $65,000,000 shall be for grants to Indian
    tribes notwithstanding section 106(a)(1) of such Act, of which,
    notwithstanding any other provision of law (including section 203 of
    this Act), up to $4,000,000 may be used for emergencies that constitute
    imminent threats to health and safety.

    community development loan guarantees program account

    Subject to section 502 of the Congressional Budget Act of 1974,
    during fiscal year 2018, commitments to guarantee loans under section
    108 of the Housing and Community Development Act of 1974 (42 U.S.C.
    5308), any part of which is guaranteed, shall not exceed a total
    principal amount of $300,000,000, notwithstanding any aggregate
    limitation on outstanding obligations guaranteed in subsection (k) of
    such section 108:  Provided, That the Secretary shall collect fees from
    borrowers, notwithstanding subsection (m) of such section 108, to result
    in a credit subsidy cost of zero for guaranteeing such loans, and any
    such fees shall be collected in accordance with section 502(7) of the
    Congressional Budget Act of 1974.

    home investment partnerships program

    For the HOME Investment Partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended, $1,362,000,000, to remain available until September 30, 2021:
    Provided, That notwithstanding the amount made available under this
    heading, the threshold reduction requirements in sections 216(10) and
    217(b)(4) of such Act shall not apply to allocations of such amount:
    Provided further, That the Department shall notify grantees of their
    formula allocation within 60 days of enactment of this Act.

    self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, as
    authorized under section 11 of the Housing Opportunity Program Extension
    Act of 1996, as amended, $50,000,000, to remain available until
    September 30, 2020:  Provided, That of the total amount provided under
    this heading, $10,000,000 shall be made available to the Self-Help
    Homeownership Opportunity Program as authorized under section 11 of the
    Housing Opportunity Program Extension Act of 1996, as amended:  Provided
    further, That of the total amount provided under this heading,
    $35,000,000 shall be made available for the second, third, and fourth
    capacity building activities authorized under section 4(a) of the HUD
    Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
    $5,000,000

    [[Page 1019]]

    shall be made available for rural capacity building activities:
    Provided further, That of the total amount provided under this heading,
    $5,000,000 shall be made available for capacity building by national
    rural housing organizations with experience assessing national rural
    conditions and providing financing, training, technical assistance,
    information, and research to local nonprofits, local governments, and
    Indian Tribes serving high need rural communities:  Provided further,
    That an additional $4,000,000, to remain available until expended, shall
    be for a program to rehabilitate and modify homes of disabled or low-
    income veterans, as authorized under section 1079 of Public Law 113-291.

    homeless assistance grants

    For the Emergency Solutions Grants program as authorized under
    subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
    amended; the Continuum of Care program as authorized under subtitle C of
    title IV of such Act; and the Rural Housing Stability Assistance program
    as authorized under subtitle D of title IV of such Act, $2,513,000,000,
    to remain available until September 30, 2020:  Provided, That any rental
    assistance amounts that are recaptured under such Continuum of Care
    program shall remain available until expended:  Provided further, That
    not less than $270,000,000 of the funds appropriated under this heading
    shall be available for such Emergency Solutions Grants program:
    Provided further, That not less than $2,106,000,000 of the funds
    appropriated under this heading shall be available for such Continuum of
    Care and Rural Housing Stability Assistance programs:  Provided further,
    That of the amounts made available under this heading, up to $50,000,000
    shall be made available for grants for rapid re-housing projects and
    supportive service projects providing coordinated entry, and for
    eligible activities the Secretary determines to be critical in order to
    assist survivors of domestic violence, dating violence, and stalking:
    Provided further, That such projects shall be eligible for renewal under
    the continuum of care program subject to the same terms and conditions
    as other renewal applicants:  Provided further, That up to $7,000,000 of
    the funds appropriated under this heading shall be available for the
    national homeless data analysis project:  Provided further, That all
    funds awarded for supportive services under the Continuum of Care
    program and the Rural Housing Stability Assistance program shall be
    matched by not less than 25 percent in cash or in kind by each grantee:
    Provided further, That for all match requirements applicable to funds
    made available under this heading for this fiscal year and prior years,
    a grantee may use (or could have used) as a source of match funds other
    funds administered by the Secretary and other Federal agencies unless
    there is (or was) a specific statutory prohibition on any such use of
    any such funds:  Provided further, That the Secretary shall collect
    system performance measures for each continuum of care, and that
    relative to fiscal year 2015, under the Continuum of Care competition
    with respect to funds made available under this heading, the Secretary
    shall base an increasing share of the score on performance criteria:
    Provided further, That none of the funds provided under this heading
    shall be available to provide funding for new projects, except for
    projects created through reallocation, unless the Secretary determines
    that the continuum of care has demonstrated that

    [[Page 1020]]

    projects are evaluated and ranked based on the degree to which they
    improve the continuum of care's system performance:  Provided further,
    That the Secretary shall prioritize funding under the Continuum of Care
    program to continuums of care that have demonstrated a capacity to
    reallocate funding from lower performing projects to higher performing
    projects:  Provided further, That all awards of assistance under this
    heading shall be required to coordinate and integrate homeless programs
    with other mainstream health, social services, and employment programs
    for which homeless populations may be eligible:  Provided further, That
    any unobligated amounts remaining from funds appropriated under this
    heading in fiscal year 2012 and prior years for project-based rental
    assistance for rehabilitation projects with 10-year grant terms may be
    used for purposes under this heading, notwithstanding the purposes for
    which such funds were appropriated:  Provided further, That all balances
    for Shelter Plus Care renewals previously funded from the Shelter Plus
    Care Renewal account and transferred to this account shall be available,
    if recaptured, for Continuum of Care renewals in fiscal year 2018:
    Provided further, That the Department shall notify grantees of their
    formula allocation from amounts allocated (which may represent initial
    or final amounts allocated) for the Emergency Solutions Grant program
    within 60 days of enactment of this Act:  Provided further, That up to
    $80,000,000 of the funds appropriated under this heading shall be to
    implement projects to demonstrate how a comprehensive approach to
    serving homeless youth, age 24 and under, in up to 25 communities,
    including at least eight communities with substantial rural populations,
    can dramatically reduce youth homelessness:  Provided further, That of
    the amount made available under the previous proviso, up to $5,000,000
    shall be available to provide technical assistance on youth
    homelessness, and collection, analysis, and reporting of data and
    performance measures under the comprehensive approaches to serve
    homeless youth, in addition to and in coordination with other technical
    assistance funds provided under this title:  Provided further, That such
    projects shall be eligible for renewal under the continuum of care
    program subject to the same terms and conditions as other renewal
    applicants:  Provided further, That youth aged 24 and under seeking
    assistance under this heading shall not be required to provide third
    party documentation to establish their eligibility under 42 U.S.C.
    11302(a) or (b) to receive services:  Provided further, That
    unaccompanied youth aged 24 and under or families headed by youth aged
    24 and under who are living in unsafe situations may be served by youth-
    serving providers funded under this heading.

    Housing Programs

    project-based rental assistance

    For activities and assistance for the provision of project-based
    subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
    1437 et seq.) (``the Act''), not otherwise provided for,
    $11,115,000,000, to remain available until expended, shall be available
    on October 1, 2017 (in addition to the $400,000,000 previously
    appropriated under this heading that became available October 1, 2017),
    and $400,000,000, to remain available until expended, shall be available
    on October 1, 2018:  Provided, That the amounts

    [[Page 1021]]

    made available under this heading shall be available for expiring or
    terminating section 8 project-based subsidy contracts (including section
    8 moderate rehabilitation contracts), for amendments to section 8
    project-based subsidy contracts (including section 8 moderate
    rehabilitation contracts), for contracts entered into pursuant to
    section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
    11401), for renewal of section 8 contracts for units in projects that
    are subject to approved plans of action under the Emergency Low Income
    Housing Preservation Act of 1987 or the Low-Income Housing Preservation
    and Resident Homeownership Act of 1990, and for administrative and other
    expenses associated with project-based activities and assistance funded
    under this paragraph:  Provided further, That of the total amounts
    provided under this heading, not to exceed $285,000,000 shall be
    available for performance-based contract administrators for section 8
    project-based assistance, for carrying out 42 U.S.C. 1437(f):  Provided
    further, That the Secretary of Housing and Urban Development may also
    use such amounts in the previous proviso for performance-based contract
    administrators for the administration of: interest reduction payments
    pursuant to section 236(a) of the National Housing Act (12 U.S.C. 1715z-
    1(a)); rent supplement payments pursuant to section 101 of the Housing
    and Urban Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
    rental assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
    assistance contracts for the elderly under section 202(c)(2) of the
    Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
    contracts for supportive housing for persons with disabilities under
    section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
    Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
    section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
    667); and loans under section 202 of the Housing Act of 1959 (Public Law
    86-372; 73 Stat. 667):  Provided further, That amounts recaptured under
    this heading, the heading ``Annual Contributions for Assisted Housing'',
    or the heading ``Housing Certificate Fund'', may be used for renewals of
    or amendments to section 8 project-based contracts or for performance-
    based contract administrators, notwithstanding the purposes for which
    such amounts were appropriated:  Provided further, That, notwithstanding
    any other provision of law, upon the request of the Secretary of Housing
    and Urban Development, project funds that are held in residual receipts
    accounts for any project subject to a section 8 project-based Housing
    Assistance Payments contract that authorizes HUD or a Housing Finance
    Agency to require that surplus project funds be deposited in an
    interest-bearing residual receipts account and that are in excess of an
    amount to be determined by the Secretary, shall be remitted to the
    Department and deposited in this account, to be available until
    expended:  Provided further, That amounts deposited pursuant to the
    previous proviso shall be available in addition to the amount otherwise
    provided by this heading for uses authorized under this heading.

    housing for the elderly

    For capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959, as amended, and for project rental assistance
    for the elderly under section 202(c)(2) of such Act,

    [[Page 1022]]

    including amendments to contracts for such assistance and renewal of
    expiring contracts for such assistance for up to a 1-year term, and for
    senior preservation rental assistance contracts, including renewals, as
    authorized by section 811(e) of the American Housing and Economic
    Opportunity Act of 2000, as amended, and for supportive services
    associated with the housing, $678,000,000 to remain available until
    September 30, 2021, of which $105,000,000 shall be for capital advance
    and project-based rental assistance awards:  Provided, That of the
    amount provided under this heading, up to $90,000,000 shall be for
    service coordinators and the continuation of existing congregate service
    grants for residents of assisted housing projects:  Provided further,
    That amounts under this heading shall be available for Real Estate
    Assessment Center inspections and inspection-related activities
    associated with section 202 projects:  Provided further, That the
    Secretary may waive the provisions of section 202 governing the terms
    and conditions of project rental assistance, except that the initial
    contract term for such assistance shall not exceed 5 years in duration:
    Provided further, That upon request of the Secretary of Housing and
    Urban Development, project funds that are held in residual receipts
    accounts for any project subject to a section 202 project rental
    assistance contract, and that upon termination of such contract are in
    excess of an amount to be determined by the Secretary, shall be remitted
    to the Department and deposited in this account, to be available until
    September 30, 2021:  Provided further, That amounts deposited in this
    account pursuant to the previous proviso shall be available, in addition
    to the amounts otherwise provided by this heading, for amendments and
    renewals:  Provided further, That unobligated balances, including
    recaptures and carryover, remaining from funds transferred to or
    appropriated under this heading shall be available for amendments and
    renewals notwithstanding the purposes for which such funds originally
    were appropriated.

    housing for persons with disabilities

    For capital advances, including amendments to capital advance
    contracts, for supportive housing for persons with disabilities, as
    authorized by section 811 of the Cranston-Gonzalez National Affordable
    Housing Act (42 U.S.C. 8013), as amended, and for project rental
    assistance for supportive housing for persons with disabilities under
    section 811(d)(2) of such Act and for project assistance contracts
    pursuant to section 202(h) of the Housing Act of 1959 (Public Law 86-
    372; 73 Stat. 667), including amendments to contracts for such
    assistance and renewal of expiring contracts for such assistance for up
    to a 1-year term, for project rental assistance to State housing finance
    agencies and other appropriate entities as authorized under section
    811(b)(3) of the Cranston-Gonzalez National Housing Act, and for
    supportive services associated with the housing for persons with
    disabilities as authorized by section 811(b)(1) of such Act,
    $229,600,000, to remain available until September 30, 2021, of which
    $82,600,000 shall be for capital advance and project rental assistance
    awards:  Provided, That amounts made available under this heading shall
    be available for Real Estate Assessment Center inspections and
    inspection-related activities associated with section 811 projects:
    Provided further, That, in this fiscal year, upon the request of the
    Secretary of Housing

    [[Page 1023]]

    and Urban Development, project funds that are held in residual receipts
    accounts for any project subject to a section 811 project rental
    assistance contract and that upon termination of such contract are in
    excess of an amount to be determined by the Secretary shall be remitted
    to the Department and deposited in this account, to be available until
    September 30, 2021:  Provided further, That amounts deposited in this
    account pursuant to the previous proviso shall be available in addition
    to the amounts otherwise provided by this heading for amendments and
    renewals:  Provided further, That unobligated balances, including
    recaptures and carryover, remaining from funds transferred to or
    appropriated under this heading shall be used for amendments and
    renewals notwithstanding the purposes for which such funds originally
    were appropriated.

    housing counseling assistance

    For contracts, grants, and other assistance excluding loans, as
    authorized under section 106 of the Housing and Urban Development Act of
    1968, as amended, $55,000,000, to remain available until September 30,
    2019, including up to $4,500,000 for administrative contract services:
    Provided, That grants made available from amounts provided under this
    heading shall be awarded within 180 days of enactment of this Act:
    Provided further, That funds shall be used for providing counseling and
    advice to tenants and homeowners, both current and prospective, with
    respect to property maintenance, financial management or literacy, and
    such other matters as may be appropriate to assist them in improving
    their housing conditions, meeting their financial needs, and fulfilling
    the responsibilities of tenancy or homeownership; for program
    administration; and for housing counselor training:  Provided further,
    That for purposes of providing such grants from amounts provided under
    this heading, the Secretary may enter into multiyear agreements, as
    appropriate, subject to the availability of annual appropriations.

    rental housing assistance

    For amendments to contracts under section 101 of the Housing and
    Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of
    the National Housing Act (12 U.S.C. 1715z-1) in State-aided, noninsured
    rental housing projects, $14,000,000, to remain available until
    expended:  Provided, That such amount, together with unobligated
    balances from recaptured amounts appropriated prior to fiscal year 2006
    from terminated contracts under such sections of law, and any
    unobligated balances, including recaptures and carryover, remaining from
    funds appropriated under this heading after fiscal year 2005, shall also
    be available for extensions of up to one year for expiring contracts
    under such sections of law.

    payment to manufactured housing fees trust fund

    For necessary expenses as authorized by the National Manufactured
    Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
    seq.), up to $11,000,000, to remain available until expended, of which
    $11,000,000 is to be derived from the Manufactured Housing Fees Trust
    Fund:  Provided, That not to exceed

    [[Page 1024]]

    the total amount appropriated under this heading shall be available from
    the general fund of the Treasury to the extent necessary to incur
    obligations and make expenditures pending the receipt of collections to
    the Fund pursuant to section 620 of such Act:  Provided further, That
    the amount made available under this heading from the general fund shall
    be reduced as such collections are received during fiscal year 2018 so
    as to result in a final fiscal year 2018 appropriation from the general
    fund estimated at zero, and fees pursuant to such section 620 shall be
    modified as necessary to ensure such a final fiscal year 2018
    appropriation:  Provided further, That for the dispute resolution and
    installation programs, the Secretary of Housing and Urban Development
    may assess and collect fees from any program participant:  Provided
    further, That such collections shall be deposited into the Fund, and the
    Secretary, as provided herein, may use such collections, as well as fees
    collected under section 620, for necessary expenses of such Act:
    Provided further, That, notwithstanding the requirements of section 620
    of such Act, the Secretary may carry out responsibilities of the
    Secretary under such Act through the use of approved service providers
    that are paid directly by the recipients of their services.

    Federal Housing Administration

    mutual mortgage insurance program account

    New commitments to guarantee single family loans insured under the
    Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
    remain available until September 30, 2019:  Provided, That during fiscal
    year 2018, obligations to make direct loans to carry out the purposes of
    section 204(g) of the National Housing Act, as amended, shall not exceed
    $5,000,000:  Provided further, That the foregoing amount in the previous
    proviso shall be for loans to nonprofit and governmental entities in
    connection with sales of single family real properties owned by the
    Secretary and formerly insured under the Mutual Mortgage Insurance Fund:
    Provided further, That for administrative contract expenses of the
    Federal Housing Administration, $130,000,000, to remain available until
    September 30, 2019:  Provided further, That to the extent guaranteed
    loan commitments exceed $200,000,000,000 on or before April 1, 2018, an
    additional $1,400 for administrative contract expenses shall be
    available for each $1,000,000 in additional guaranteed loan commitments
    (including a pro rata amount for any amount below $1,000,000), but in no
    case shall funds made available by this proviso exceed $30,000,000:
    Provided further, That during fiscal year 2018 the Secretary may insure
    and enter into new commitments to insure mortgages under section 255 of
    the National Housing Act only to the extent that the net credit subsidy
    cost for such insurance does not exceed zero:  Provided further, That
    for fiscal years 2018 and 2019, the Secretary shall not take any action
    against a lender solely on the basis of compare ratios that have been
    adversely affected by defaults on mortgages secured by properties in
    areas where a major disaster was declared in 2017 or 2018 pursuant to
    the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5121 et seq.).

    [[Page 1025]]

    general and special risk program account

    New commitments to guarantee loans insured under the General and
    Special Risk Insurance Funds, as authorized by sections 238 and 519 of
    the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
    $30,000,000,000 in total loan principal, any part of which is to be
    guaranteed, to remain available until September 30, 2019:  Provided,
    That during fiscal year 2018, gross obligations for the principal amount
    of direct loans, as authorized by sections 204(g), 207(l), 238, and
    519(a) of the National Housing Act, shall not exceed $5,000,000, which
    shall be for loans to nonprofit and governmental entities in connection
    with the sale of single family real properties owned by the Secretary
    and formerly insured under such Act.

    Government National Mortgage Association

    guarantees of mortgage-backed securities loan guarantee program account

    New commitments to issue guarantees to carry out the purposes of
    section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
    shall not exceed $500,000,000,000, to remain available until September
    30, 2019:  Provided, That $27,000,000 shall be available for necessary
    salaries and expenses of the Office of Government National Mortgage
    Association:  Provided further, That to the extent that guaranteed loan
    commitments exceed $155,000,000,000 on or before April 1, 2018, an
    additional $100 for necessary salaries and expenses shall be available
    until expended for each $1,000,000 in additional guaranteed loan
    commitments (including a pro rata amount for any amount below
    $1,000,000), but in no case shall funds made available by this proviso
    exceed $3,000,000:  Provided further, That receipts from Commitment and
    Multiclass fees collected pursuant to title III of the National Housing
    Act, as amended, shall be credited as offsetting collections to this
    account.

    Policy Development and Research

    research and technology

    For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
    carrying out the functions of the Secretary of Housing and Urban
    Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
    1968, and for technical assistance, $89,000,000, to remain available
    until September 30, 2019:  Provided, That with respect to amounts made
    available under this heading, notwithstanding section 203 of this title,
    the Secretary may enter into cooperative agreements funded with
    philanthropic entities, other Federal agencies, State or local
    governments and their agencies, or colleges or universities for research
    projects:  Provided further, That with respect to the previous proviso,
    such partners to the cooperative agreements must contribute at least a
    50 percent match toward the cost of the project:  Provided further, That
    for non-competitive agreements entered into in accordance with the
    previous

    [[Page 1026]]

    two provisos, the Secretary of Housing and Urban Development shall
    comply with section 2(b) of the Federal Funding Accountability and
    Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in lieu of
    compliance with section 102(a)(4)(C) with respect to documentation of
    award decisions:  Provided further, That prior to obligation of
    technical assistance funding, the Secretary shall submit a plan, for
    approval, to the House and Senate Committees on Appropriations on how it
    will allocate funding for this activity:  Provided further, That none of
    the funds provided under this heading may be available for the doctoral
    dissertation research grant program.

    Fair Housing and Equal Opportunity

    fair housing activities

    For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968, as
    amended by the Fair Housing Amendments Act of 1988, and section 561 of
    the Housing and Community Development Act of 1987, as amended,
    $65,300,000, to remain available until September 30, 2019:  Provided,
    That notwithstanding 31 U.S.C. 3302, the Secretary may assess and
    collect fees to cover the costs of the Fair Housing Training Academy,
    and may use such funds to provide such training:  Provided further, That
    no funds made available under this heading shall be used to lobby the
    executive or legislative branches of the Federal Government in
    connection with a specific contract, grant, or loan:  Provided further,
    That of the funds made available under this heading, $300,000 shall be
    available to the Secretary of Housing and Urban Development for the
    creation and promotion of translated materials and other programs that
    support the assistance of persons with limited English proficiency in
    utilizing the services provided by the Department of Housing and Urban
    Development.

    Office of Lead Hazard Control and Healthy Homes

    lead hazard reduction

    For the Lead Hazard Reduction Program, as authorized by section 1011
    of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
    $230,000,000, to remain available until September 30, 2019, of which
    $45,000,000 shall be for the Healthy Homes Initiative, pursuant to
    sections 501 and 502 of the Housing and Urban Development Act of 1970,
    that shall include research, studies, testing, and demonstration
    efforts, including education and outreach concerning lead-based paint
    poisoning and other housing-related diseases and hazards:  Provided,
    That for purposes of environmental review, pursuant to the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
    provisions of the law that further the purposes of such Act, a grant
    under the Healthy Homes Initiative, or the Lead Technical Studies
    program under this heading or under prior appropriations Acts for such
    purposes under this heading, shall be considered to be funds for a
    special project for purposes of section 305(c) of the Multifamily
    Housing Property Disposition Reform Act of 1994:  Provided further, That
    not less than $95,000,000 of the amounts made available under this
    heading for the award of grants pursuant to section

    [[Page 1027]]

    1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
    shall be provided to areas with the highest lead-based paint abatement
    needs:  Provided further, That each applicant shall certify adequate
    capacity that is acceptable to the Secretary to carry out the proposed
    use of funds pursuant to a notice of funding availability:  Provided
    further, That amounts made available under this heading in this or prior
    appropriations Acts, and that still remain available, may be used for
    any purpose under this heading notwithstanding the purpose for which
    such amounts were appropriated if a program competition is
    undersubscribed and there are other program competitions under this
    heading that are oversubscribed.

    Information Technology Fund

    For the development of, modifications to, and infrastructure for
    Department-wide and program-specific information technology systems, for
    the continuing operation and maintenance of both Department-wide and
    program-specific information systems, and for program-related
    maintenance activities, $267,000,000, of which $250,000,000 shall remain
    available until September 30, 2019, and of which $17,000,000 shall
    remain available until September 30, 2020:  Provided, That any amounts
    transferred to this Fund under this Act shall remain available until
    expended:  Provided further, That any amounts transferred to this Fund
    from amounts appropriated by previously enacted appropriations Acts may
    be used for the purposes specified under this Fund, in addition to any
    other information technology purposes for which such amounts were
    appropriated:  Provided further, That not more than 10 percent of the
    funds made available under this heading for development, modernization
    and enhancement may be obligated until the Secretary submits to the
    House and Senate Committees on Appropriations, for approval, a plan for
    expenditure that--(A) identifies for each modernization project: (i) the
    functional and performance capabilities to be delivered and the mission
    benefits to be realized, (ii) the estimated life-cycle cost, and (iii)
    key milestones to be met; and (B) demonstrates that each modernization
    project is: (i) compliant with the Department's enterprise architecture,
    (ii) being managed in accordance with applicable life-cycle management
    policies and guidance, (iii) subject to the Department's capital
    planning and investment control requirements, and (iv) supported by an
    adequately staffed project office.

    Office of Inspector General

    For necessary salaries and expenses of the Office of Inspector
    General in carrying out the Inspector General Act of 1978, as amended,
    $128,082,000:  Provided, That the Inspector General shall have
    independent authority over all personnel issues within this office.

    [[Page 1028]]

    General Provisions--Department of Housing and Urban Development

    (including transfer of funds)

    (including rescission)

    Sec. 201.  Fifty percent of the amounts of budget authority, or in
    lieu thereof 50 percent of the cash amounts associated with such budget
    authority, that are recaptured from projects described in section
    1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
    1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of cash,
    shall be remitted to the Treasury, and such amounts of budget authority
    or cash recaptured and not rescinded or remitted to the Treasury shall
    be used by State housing finance agencies or local governments or local
    housing agencies with projects approved by the Secretary of Housing and
    Urban Development for which settlement occurred after January 1, 1992,
    in accordance with such section. Notwithstanding the previous sentence,
    the Secretary may award up to 15 percent of the budget authority or cash
    recaptured and not rescinded or remitted to the Treasury to provide
    project owners with incentives to refinance their project at a lower
    interest rate.
    Sec. 202.  None of the amounts made available under this Act may be
    used during fiscal year 2018 to investigate or prosecute under the Fair
    Housing Act any otherwise lawful activity engaged in by one or more
    persons, including the filing or maintaining of a nonfrivolous legal
    action, that is engaged in solely for the purpose of achieving or
    preventing action by a Government official or entity, or a court of
    competent jurisdiction.
    Sec. 203.  Except as explicitly provided in law, any grant,
    cooperative agreement or other assistance made pursuant to title II of
    this Act shall be made on a competitive basis and in accordance with
    section 102 of the Department of Housing and Urban Development Reform
    Act of 1989 (42 U.S.C. 3545).
    Sec. 204.  Funds of the Department of Housing and Urban Development
    subject to the Government Corporation Control Act or section 402 of the
    Housing Act of 1950 shall be available, without regard to the
    limitations on administrative expenses, for legal services on a contract
    or fee basis, and for utilizing and making payment for services and
    facilities of the Federal National Mortgage Association, Government
    National Mortgage Association, Federal Home Loan Mortgage Corporation,
    Federal Financing Bank, Federal Reserve banks or any member thereof,
    Federal Home Loan banks, and any insured bank within the meaning of the
    Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
    1).
    Sec. 205.  Unless otherwise provided for in this Act or through a
    reprogramming of funds, no part of any appropriation for the Department
    of Housing and Urban Development shall be available for any program,
    project or activity in excess of amounts set forth in the budget
    estimates submitted to Congress.
    Sec. 206.  Corporations and agencies of the Department of Housing
    and Urban Development which are subject to the Government Corporation
    Control Act are hereby authorized to make such expenditures, within the
    limits of funds and borrowing authority available to each such
    corporation or agency and in accordance with law, and to make such
    contracts and commitments without

    [[Page 1029]]

    regard to fiscal year limitations as provided by section 104 of such Act
    as may be necessary in carrying out the programs set forth in the budget
    for 2018 for such corporation or agency except as hereinafter provided:
    Provided, That collections of these corporations and agencies may be
    used for new loan or mortgage purchase commitments only to the extent
    expressly provided for in this Act (unless such loans are in support of
    other forms of assistance provided for in this or prior appropriations
    Acts), except that this proviso shall not apply to the mortgage
    insurance or guaranty operations of these corporations, or where loans
    or mortgage purchases are necessary to protect the financial interest of
    the United States Government.
    Sec. 207.  The Secretary of Housing and Urban Development shall
    provide quarterly reports to the House and Senate Committees on
    Appropriations regarding all uncommitted, unobligated, recaptured and
    excess funds in each program and activity within the jurisdiction of the
    Department and shall submit additional, updated budget information to
    these Committees upon request.
    Sec. 208.  The President's formal budget request for fiscal year
    2019, as well as the Department of Housing and Urban Development's
    congressional budget justifications to be submitted to the Committees on
    Appropriations of the House of Representatives and the Senate, shall use
    the identical account and sub-account structure provided under this Act.
    Sec. 209.  No funds provided under this title may be used for an
    audit of the Government National Mortgage Association that makes
    applicable requirements under the Federal Credit Reform Act of 1990 (2
    U.S.C. 661 et seq.).
    Sec. 210. (a) Notwithstanding any other provision of law, subject to
    the conditions listed under this section, for fiscal years 2018 and
    2019, the Secretary of Housing and Urban Development may authorize the
    transfer of some or all project-based assistance, debt held or insured
    by the Secretary and statutorily required low-income and very low-income
    use restrictions if any, associated with one or more multifamily housing
    project or projects to another multifamily housing project or projects.
    (b) Phased Transfers.--Transfers of project-based assistance under
    this section may be done in phases to accommodate the financing and
    other requirements related to rehabilitating or constructing the project
    or projects to which the assistance is transferred, to ensure that such
    project or projects meet the standards under subsection (c).
    (c) The transfer authorized in subsection (a) is subject to the
    following conditions:
    (1) Number and bedroom size of units.--
    (A) For occupied units in the transferring project:
    The number of low-income and very low-income units and
    the configuration (i.e., bedroom size) provided by the
    transferring project shall be no less than when
    transferred to the receiving project or projects and the
    net dollar amount of Federal assistance provided to the
    transferring project shall remain the same in the
    receiving project or projects.
    (B) For unoccupied units in the transferring
    project: The Secretary may authorize a reduction in the
    number of dwelling units in the receiving project or
    projects to allow for a reconfiguration of bedroom sizes
    to meet current

    [[Page 1030]]

    market demands, as determined by the Secretary and
    provided there is no increase in the project-based
    assistance budget authority.
    (2) The transferring project shall, as determined by the
    Secretary, be either physically obsolete or economically
    nonviable.
    (3) The receiving project or projects shall meet or exceed
    applicable physical standards established by the Secretary.
    (4) The owner or mortgagor of the transferring project shall
    notify and consult with the tenants residing in the transferring
    project and provide a certification of approval by all
    appropriate local governmental officials.
    (5) The tenants of the transferring project who remain
    eligible for assistance to be provided by the receiving project
    or projects shall not be required to vacate their units in the
    transferring project or projects until new units in the
    receiving project are available for occupancy.
    (6) The Secretary determines that this transfer is in the
    best interest of the tenants.
    (7) If either the transferring project or the receiving
    project or projects meets the condition specified in subsection
    (d)(2)(A), any lien on the receiving project resulting from
    additional financing obtained by the owner shall be subordinate
    to any FHA-insured mortgage lien transferred to, or placed on,
    such project by the Secretary, except that the Secretary may
    waive this requirement upon determination that such a waiver is
    necessary to facilitate the financing of acquisition,
    construction, and/or rehabilitation of the receiving project or
    projects.
    (8) If the transferring project meets the requirements of
    subsection (d)(2), the owner or mortgagor of the receiving
    project or projects shall execute and record either a
    continuation of the existing use agreement or a new use
    agreement for the project where, in either case, any use
    restrictions in such agreement are of no lesser duration than
    the existing use restrictions.
    (9) The transfer does not increase the cost (as defined in
    section 502 of the Congressional Budget Act of 1974, as amended)
    of any FHA-insured mortgage, except to the extent that
    appropriations are provided in advance for the amount of any
    such increased cost.

    (d) For purposes of this section--
    (1) the terms ``low-income'' and ``very low-income'' shall
    have the meanings provided by the statute and/or regulations
    governing the program under which the project is insured or
    assisted;
    (2) the term ``multifamily housing project'' means housing
    that meets one of the following conditions--
    (A) housing that is subject to a mortgage insured
    under the National Housing Act;
    (B) housing that has project-based assistance
    attached to the structure including projects undergoing
    mark to market debt restructuring under the Multifamily
    Assisted Housing Reform and Affordability Housing Act;
    (C) housing that is assisted under section 202 of
    the Housing Act of 1959, as amended by section 801 of
    the Cranston-Gonzales National Affordable Housing Act;

    [[Page 1031]]

    (D) housing that is assisted under section 202 of
    the Housing Act of 1959, as such section existed before
    the enactment of the Cranston-Gonzales National
    Affordable Housing Act;
    (E) housing that is assisted under section 811 of
    the Cranston-Gonzales National Affordable Housing Act;
    or
    (F) housing or vacant land that is subject to a use
    agreement;
    (3) the term ``project-based assistance'' means--
    (A) assistance provided under section 8(b) of the
    United States Housing Act of 1937;
    (B) assistance for housing constructed or
    substantially rehabilitated pursuant to assistance
    provided under section 8(b)(2) of such Act (as such
    section existed immediately before October 1, 1983);
    (C) rent supplement payments under section 101 of
    the Housing and Urban Development Act of 1965;
    (D) interest reduction payments under section 236
    and/or additional assistance payments under section
    236(f)(2) of the National Housing Act;
    (E) assistance payments made under section 202(c)(2)
    of the Housing Act of 1959; and
    (F) assistance payments made under section 811(d)(2)
    of the Cranston-Gonzalez National Affordable Housing
    Act;
    (4) the term ``receiving project or projects'' means the
    multifamily housing project or projects to which some or all of
    the project-based assistance, debt, and statutorily required
    low-income and very low-income use restrictions are to be
    transferred;
    (5) the term ``transferring project'' means the multifamily
    housing project which is transferring some or all of the
    project-based assistance, debt, and the statutorily required
    low-income and very low-income use restrictions to the receiving
    project or projects; and
    (6) the term ``Secretary'' means the Secretary of Housing
    and Urban Development.

    (e) Research Report.--The Secretary shall conduct an evaluation of
    the transfer authority under this section, including the effect of such
    transfers on the operational efficiency, contract rents, physical and
    financial conditions, and long-term preservation of the affected
    properties.
    Sec. 211. (a) No assistance shall be provided under section 8 of the
    United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
    who--
    (1) is enrolled as a student at an institution of higher
    education (as defined under section 102 of the Higher Education
    Act of 1965 (20 U.S.C. 1002));
    (2) is under 24 years of age;
    (3) is not a veteran;
    (4) is unmarried;
    (5) does not have a dependent child;
    (6) is not a person with disabilities, as such term is
    defined in section 3(b)(3)(E) of the United States Housing Act
    of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
    assistance under such section 8 as of November 30, 2005;
    (7) is not a youth who left foster care at age 14 or older
    and is at risk of becoming homeless; and

    [[Page 1032]]

    (8) is not otherwise individually eligible, or has parents
    who, individually or jointly, are not eligible, to receive
    assistance under section 8 of the United States Housing Act of
    1937 (42 U.S.C. 1437f).

    (b) For purposes of determining the eligibility of a person to
    receive assistance under section 8 of the United States Housing Act of
    1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
    received for tuition and any other required fees and charges) that an
    individual receives under the Higher Education Act of 1965 (20 U.S.C.
    1001 et seq.), from private sources, or an institution of higher
    education (as defined under the Higher Education Act of 1965 (20 U.S.C.
    1002)), shall be considered income to that individual, except for a
    person over the age of 23 with dependent children.
    Sec. 212.  The funds made available for Native Alaskans under the
    heading ``Native American Housing Block Grants'' in title II of this Act
    shall be allocated to the same Native Alaskan housing block grant
    recipients that received funds in fiscal year 2005.
    Sec. 213.  Notwithstanding the limitation in the first sentence of
    section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
    Secretary of Housing and Urban Development may, until September 30,
    2018, insure and enter into commitments to insure mortgages under such
    section 255.
    Sec. 214.  Notwithstanding any other provision of law, in fiscal
    year 2018, in managing and disposing of any multifamily property that is
    owned or has a mortgage held by the Secretary of Housing and Urban
    Development, and during the process of foreclosure on any property with
    a contract for rental assistance payments under section 8 of the United
    States Housing Act of 1937 or other Federal programs, the Secretary
    shall maintain any rental assistance payments under section 8 of the
    United States Housing Act of 1937 and other programs that are attached
    to any dwelling units in the property. To the extent the Secretary
    determines, in consultation with the tenants and the local government,
    that such a multifamily property owned or held by the Secretary is not
    feasible for continued rental assistance payments under such section 8
    or other programs, based on consideration of (1) the costs of
    rehabilitating and operating the property and all available Federal,
    State, and local resources, including rent adjustments under section 524
    of the Multifamily Assisted Housing Reform and Affordability Act of 1997
    (``MAHRAA'') and (2) environmental conditions that cannot be remedied in
    a cost-effective fashion, the Secretary may, in consultation with the
    tenants of that property, contract for project-based rental assistance
    payments with an owner or owners of other existing housing properties,
    or provide other rental assistance. The Secretary shall also take
    appropriate steps to ensure that project-based contracts remain in
    effect prior to foreclosure, subject to the exercise of contractual
    abatement remedies to assist relocation of tenants for imminent major
    threats to health and safety after written notice to and informed
    consent of the affected tenants and use of other available remedies,
    such as partial abatements or receivership. After disposition of any
    multifamily property described under this section, the contract and
    allowable rent levels on such properties shall be subject to the
    requirements under section 524 of MAHRAA.

    [[Page 1033]]

    Sec. 215.  The commitment authority funded by fees as provided under
    the heading ``Community Development Loan Guarantees Program Account''
    may be used to guarantee, or make commitments to guarantee, notes, or
    other obligations issued by any State on behalf of non-entitlement
    communities in the State in accordance with the requirements of section
    108 of the Housing and Community Development Act of 1974:  Provided,
    That any State receiving such a guarantee or commitment shall distribute
    all funds subject to such guarantee to the units of general local
    government in non-entitlement areas that received the commitment.
    Sec. 216.  Public housing agencies that own and operate 400 or fewer
    public housing units may elect to be exempt from any asset management
    requirement imposed by the Secretary of Housing and Urban Development in
    connection with the operating fund rule:  Provided, That an agency
    seeking a discontinuance of a reduction of subsidy under the operating
    fund formula shall not be exempt from asset management requirements.
    Sec. <>  217.  With respect to the use of
    amounts provided in this Act and in future Acts for the operation,
    capital improvement and management of public housing as authorized by
    sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
    U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
    or guideline relating to asset management that restricts or limits in
    any way the use of capital funds for central office costs pursuant to
    section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
    U.S.C. 1437g(g)(1), (2)):  Provided, That a public housing agency may
    not use capital funds authorized under section 9(d) for activities that
    are eligible under section 9(e) for assistance with amounts from the
    operating fund in excess of the amounts permitted under section 9(g)(1)
    or 9(g)(2).

    Sec. 218.  No official or employee of the Department of Housing and
    Urban Development shall be designated as an allotment holder unless the
    Office of the Chief Financial Officer has determined that such allotment
    holder has implemented an adequate system of funds control and has
    received training in funds control procedures and directives. The Chief
    Financial Officer shall ensure that there is a trained allotment holder
    for each HUD sub-office under the accounts ``Executive Offices'' and
    ``Administrative Support Offices,'' as well as each account receiving
    appropriations for ``Program Office Salaries and Expenses'',
    ``Government National Mortgage Association--Guarantees of Mortgage-
    Backed Securities Loan Guarantee Program Account'', and ``Office of
    Inspector General'' within the Department of Housing and Urban
    Development.
    Sec. <>  219.  The Secretary of the
    Department of Housing and Urban Development shall, for fiscal year 2018,
    notify the public through the Federal Register and other means, as
    determined appropriate, of the issuance of a notice of the availability
    of assistance or notice of funding availability (NOFA) for any program
    or discretionary fund administered by the Secretary that is to be
    competitively awarded. Notwithstanding any other provision of law, for
    fiscal year 2018, the Secretary may make the NOFA available only on the
    Internet at the appropriate Government web site or through other
    electronic media, as determined by the Secretary.

    Sec. 220.  Payment of attorney fees in program-related litigation
    shall be paid from the individual program office and Office of General
    Counsel salaries and expenses appropriations. The annual budget
    submission for the program offices and the Office of General

    [[Page 1034]]

    Counsel shall include any such projected litigation costs for attorney
    fees as a separate line item request. No funds provided in this title
    may be used to pay any such litigation costs for attorney fees until the
    Department submits for review a spending plan for such costs to the
    House and Senate Committees on Appropriations.
    Sec. 221.  The Secretary is authorized to transfer up to 10 percent
    or $5,000,000, whichever is less, of funds appropriated for any office
    under the heading ``Administrative Support Offices'' or for any account
    under the general heading ``Program Office Salaries and Expenses'' to
    any other such office or account:  Provided, That no appropriation for
    any such office or account shall be increased or decreased by more than
    10 percent or $5,000,000, whichever is less, without prior written
    approval of the House and Senate Committees on Appropriations:  Provided
    further, That the Secretary shall provide notification to such
    Committees three business days in advance of any such transfers under
    this section up to 10 percent or $5,000,000, whichever is less.
    Sec. 222. (a) Any entity receiving housing assistance payments shall
    maintain decent, safe, and sanitary conditions, as determined by the
    Secretary of Housing and Urban Development (in this section referred to
    as the ``Secretary''), and comply with any standards under applicable
    State or local laws, rules, ordinances, or regulations relating to the
    physical condition of any property covered under a housing assistance
    payment contract.
    (b) The Secretary shall take action under subsection (c) when a
    multifamily housing project with a section 8 contract or contract for
    similar project-based assistance--
    (1) receives a Uniform Physical Condition Standards (UPCS)
    score of 60 or less; or
    (2) fails to certify in writing to the Secretary within 3
    days that all Exigent Health and Safety deficiencies identified
    by the inspector at the project have been corrected.

    Such requirements shall apply to insured and noninsured projects with
    assistance attached to the units under section 8 of the United States
    Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units
    assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public
    housing units assisted with capital or operating funds under section 9
    of the United States Housing Act of 1937 (42 U.S.C. 1437g).
    (c)(1) Within 15 days of the issuance of the REAC inspection, the
    Secretary must provide the owner with a Notice of Default with a
    specified timetable, determined by the Secretary, for correcting all
    deficiencies. The Secretary must also provide a copy of the Notice of
    Default to the tenants, the local government, any mortgagees, and any
    contract administrator. If the owner's appeal results in a UPCS score of
    60 or above, the Secretary may withdraw the Notice of Default.
    (2) At the end of the time period for correcting all deficiencies
    specified in the Notice of Default, if the owner fails to fully correct
    such deficiencies, the Secretary may--
    (A) require immediate replacement of project management with
    a management agent approved by the Secretary;
    (B) impose civil money penalties, which shall be used solely
    for the purpose of supporting safe and sanitary conditions at

    [[Page 1035]]

    applicable properties, as designated by the Secretary, with
    priority given to the tenants of the property affected by the
    penalty;
    (C) abate the section 8 contract, including partial
    abatement, as determined by the Secretary, until all
    deficiencies have been corrected;
    (D) pursue transfer of the project to an owner, approved by
    the Secretary under established procedures, which will be
    obligated to promptly make all required repairs and to accept
    renewal of the assistance contract as long as such renewal is
    offered;
    (E) transfer the existing section 8 contract to another
    project or projects and owner or owners;
    (F) pursue exclusionary sanctions, including suspensions or
    debarments from Federal programs;
    (G) seek judicial appointment of a receiver to manage the
    property and cure all project deficiencies or seek a judicial
    order of specific performance requiring the owner to cure all
    project deficiencies;
    (H) work with the owner, lender, or other related party to
    stabilize the property in an attempt to preserve the property
    through compliance, transfer of ownership, or an infusion of
    capital provided by a third-party that requires time to
    effectuate; or
    (I) take any other regulatory or contractual remedies
    available as deemed necessary and appropriate by the Secretary.

    (d) The Secretary shall also take appropriate steps to ensure that
    project-based contracts remain in effect, subject to the exercise of
    contractual abatement remedies to assist relocation of tenants for major
    threats to health and safety after written notice to the affected
    tenants. To the extent the Secretary determines, in consultation with
    the tenants and the local government, that the property is not feasible
    for continued rental assistance payments under such section 8 or other
    programs, based on consideration of--
    (1) the costs of rehabilitating and operating the property
    and all available Federal, State, and local resources, including
    rent adjustments under section 524 of the Multifamily Assisted
    Housing Reform and Affordability Act of 1997 (``MAHRAA''); and
    (2) environmental conditions that cannot be remedied in a
    cost-effective fashion, the Secretary may contract for project-
    based rental assistance payments with an owner or owners of
    other existing housing properties, or provide other rental
    assistance.

    (e) The Secretary shall report quarterly on all properties covered
    by this section that are assessed through the Real Estate Assessment
    Center and have UPCS physical inspection scores of less than 60 or have
    received an unsatisfactory management and occupancy review within the
    past 36 months. The report shall include--
    (1) the enforcement actions being taken to address such
    conditions, including imposition of civil money penalties and
    termination of subsidies, and identify properties that have such
    conditions multiple times;

    [[Page 1036]]

    (2) actions that the Department of Housing and Urban
    Development is taking to protect tenants of such identified
    properties; and
    (3) any administrative or legislative recommendations to
    further improve the living conditions at properties covered
    under a housing assistance payment contract.

    This report shall be due to the Senate and House Committees on
    Appropriations no later than 30 days after the enactment of this Act,
    and on the first business day of each Federal fiscal year quarter
    thereafter while this section remains in effect.
    Sec. 223.  None of the funds made available by this Act, or any
    other Act, for purposes authorized under section 8 (only with respect to
    the tenant-based rental assistance program) and section 9 of the United
    States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used by any
    public housing agency for any amount of salary, including bonuses, for
    the chief executive officer of which, or any other official or employee
    of which, that exceeds the annual rate of basic pay payable for a
    position at level IV of the Executive Schedule at any time during any
    public housing agency fiscal year 2018.
    Sec. 224.  Notwithstanding section 24(o) of the United States
    Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary of Housing and
    Urban Development may, until September 30, 2018, obligate any available
    unobligated balances made available under the heading ``Choice
    Neighborhoods Initiative'' in this Act or any prior Act.
    Sec. 225.  None of the funds in this Act provided to the Department
    of Housing and Urban Development may be used to make a grant award
    unless the Secretary notifies the House and Senate Committees on
    Appropriations not less than 3 full business days before any project,
    State, locality, housing authority, tribe, nonprofit organization, or
    other entity selected to receive a grant award is announced by the
    Department or its offices.
    Sec. 226.  None of the funds made available by this Act may be used
    to require or enforce the Physical Needs Assessment (PNA).
    Sec. 227.  None of the funds made available in this Act shall be
    used by the Federal Housing Administration, the Government National
    Mortgage Administration, or the Department of Housing and Urban
    Development to insure, securitize, or establish a Federal guarantee of
    any mortgage or mortgage backed security that refinances or otherwise
    replaces a mortgage that has been subject to eminent domain condemnation
    or seizure, by a State, municipality, or any other political subdivision
    of a State.
    Sec. 228.  None of the funds made available by this Act may be used
    to terminate the status of a unit of general local government as a
    metropolitan city (as defined in section 102 of the Housing and
    Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
    grants under section 106 of such Act (42 U.S.C. 5306).
    Sec. 229.  Amounts made available under this Act which are either
    appropriated, allocated, advanced on a reimbursable basis, or
    transferred to the Office of Policy Development and Research in the
    Department of Housing and Urban Development and functions thereof, for
    research, evaluation, or statistical purposes, and which are unexpended
    at the time of completion of a contract, grant, or cooperative
    agreement, may be deobligated and shall immediately become available and
    may be reobligated in that fiscal year or the subsequent fiscal year for
    the research, evaluation,

    [[Page 1037]]

    or statistical purposes for which the amounts are made available to that
    Office subject to reprogramming requirements in section 405 of this Act.
    Sec. 230.  None of the funds provided in this Act or any other act
    may be used for awards, including performance, special act, or spot, for
    any employee of the Department of Housing and Urban Development who has
    been subject to administrative discipline in fiscal years 2017 or 2018,
    including suspension from work.
    Sec. 231.  Funds made available in this title under the heading
    ``Homeless Assistance Grants'' may be used by the Secretary to
    participate in Performance Partnership Pilots authorized under section
    526 of division H of Public Law 113-76, section 524 of division G of
    Public Law 113-235, section 525 of division H of Public Law 114-113, and
    such authorities as are enacted for Performance Partnership Pilots in an
    appropriations Act for fiscal year 2018:  Provided, That such
    participation shall be limited to no more than 10 continuums of care and
    housing activities to improve outcomes for disconnected youth.
    Sec. 232.  With respect to grant amounts awarded under the heading
    ``Homeless Assistance Grants'' for fiscal years 2015, 2016, 2017, and
    2018 for the continuum of care (CoC) program as authorized under
    subtitle C of title IV of the McKinney-Vento Homeless Assistance Act,
    costs paid by program income of grant recipients may count toward
    meeting the recipient's matching requirements, provided the costs are
    eligible CoC costs that supplement the recipient's CoC program.
    Sec. 233. (a) From amounts made available under this title under the
    heading ``Homeless Assistance Grants'', the Secretary may award 1-year
    transition grants to recipients of funds for activities under subtitle C
    of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.)
    to transition from one Continuum of Care program component to another.
    (b) No more than 50 percent of each transition grant may be used for
    costs of eligible activities of the program component originally funded.
    (c) Transition grants made under this section are eligible for
    renewal in subsequent fiscal years for the eligible activities of the
    new program component.
    (d) In order to be eligible to receive a transition grant, the
    funding recipient must have the consent of the Continuum of Care and
    meet standards determined by the Secretary.
    Sec. 234.  None of the funds made available by this Act may be used
    by the Department of Housing and Urban Development to direct a grantee
    to undertake specific changes to existing zoning laws as part of
    carrying out the final rule entitled ``Affirmatively Furthering Fair
    Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
    ``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
    57949 (September 26, 2014)).
    Sec. 235.  Section 218(g) of the Cranston-Gonzalez National
    Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply with respect
    to the right of a jurisdiction to draw funds from its HOME Investment
    Trust Fund that otherwise expired or would expire in 2016, 2017, 2018,
    2019, or 2020 under that section.
    Sec. 236.  Section 579 of the Multifamily Assisted Housing Reform
    and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by
    striking ``October 1, 2017'' each place it appears and inserting in lieu
    thereof ``October 1, 2022''.

    [[Page 1038]]

    Sec. 237.  The language under the heading ``Rental Assistance
    Demonstration'' in the Department of Housing and Urban Development
    Appropriations Act, 2012 (Public Law 112-55), as amended by Public Law
    113-76, Public Law 113-235, Public Law 114-113, and Public Law 115-
    31 <> , is amended--
    (1) in the second proviso, by striking ``September 30,
    2020'' and inserting ``September 30, 2024'';
    (2) in the matter preceding the first proviso, by inserting
    the following before the colon: ``(herein the 'First
    Component')'';
    (3) in the fourth proviso, by striking ``225,000'' and
    inserting ``455,000'';
    (4) in the fourteenth proviso, by--
    (A) inserting ``or nonprofit'' before ``entity, then
    a capable entity,''; and
    (B) striking ``preserves its interest'' and
    inserting ``or a nonprofit entity preserves an
    interest'';
    (5) in the eighteenth proviso, by--
    (A) inserting ``or with a project rental assistance
    contract under section 202(c)(2) of the Housing Act of
    1959,'' after ``section 8(o) of the Act,'';
    (B) inserting ``the subordination, restructuring, or
    both, of any capital advance documentation, including
    any note, mortgage, use agreement or other agreements,
    evidencing or securing a capital advance previously
    provided by the Secretary under section 202(c)(1) of the
    Housing Act of 1959 as necessary to facilitate the
    conversion of assistance while maintaining the
    affordability period and the designation of the property
    as serving elderly persons, and,'' following ``including
    but not limited to'';
    (C) inserting ``or assistance contracts'' after
    ``for such vouchers'';
    (D) striking ``of Housing and Urban Development''
    after ``Secretary''; and
    (E) inserting the following before the colon:
    ``(herein the 'Second Component')'';
    (6) by inserting the following provisos after the eighteenth
    proviso:

    ``Provided further, That contracts provided to properties converting
    assistance from section 101 of the Housing and Urban Development Act of
    1965 or section 236(f)(2) of the National Housing Act located in high-
    cost areas shall have initial rents set at comparable market rents for
    the market area: Provided further, That conversions of assistance under
    the Second Component may not be the basis for re-screening or
    termination of assistance or eviction of any tenant family in a property
    participating in the demonstration and such a family shall not be
    considered a new admission for any purpose, including compliance with
    income targeting:'';
    (7) in the twenty-first proviso, as reordered above, by
    striking ``the previous proviso'' and all that follows through
    the end of the proviso and inserting ``the Second Component,
    except for conversion of section 202 project rental assistance
    contracts, shall be available for project-based subsidy
    contracts entered into pursuant to the Second Component:'';
    (8) in the twenty-second proviso, as reordered above, by
    striking ``the previous two provisos'' and inserting ``the
    Second Component, except for conversion of section 202 project
    rental assistance contracts,'';

    [[Page 1039]]

    (9) in the twenty-third proviso, as reordered above, by
    striking ``the three previous provisos'' and inserting ``the
    Second Component, except for conversion of section 202 project
    rental assistance contracts,''; and
    (10) by inserting the following proviso before the final
    proviso:

    ``Provided further, That the Secretary may transfer amounts made
    available under the heading `Housing for the Elderly' to the accounts
    under the headings `Project-Based Rental Assistance' or `Tenant-Based
    Rental Assistance' to facilitate any section 202 project rental
    assistance contract conversions under the Second Component, and any
    increase in cost for `Project-Based Rental Assistance' or `Tenant-Based
    Rental Assistance' associated with such conversion shall be equal to
    amounts so transferred:''.
    Sec. 238.  None of the funds made available under this Act may be
    used to interfere with State and local inspections of public housing
    dwelling units.
    Sec. 239.  The Promise Zone designations and Promise Zone
    Designation Agreements entered into pursuant to such designations, made
    by the Secretary of Housing and Urban Development in prior fiscal years,
    shall remain in effect in accordance with the terms and conditions of
    such agreements.
    Sec. 240.  Section 153 of the Continuing Appropriations Act, 2018
    (as added by section 2001(2) of Public Law 115-120) is repealed.
    This title may be cited as the ``Department of Housing and Urban
    Development Appropriations Act, 2018''.

    TITLE III

    RELATED AGENCIES

    Access Board

    salaries and expenses

    For expenses necessary for the Access Board, as authorized by
    section 502 of the Rehabilitation Act of 1973, as amended, $8,190,000:
    Provided, That, notwithstanding any other provision of law, there may be
    credited to this appropriation funds received for publications and
    training expenses.

    Federal Maritime Commission

    salaries and expenses

    For necessary expenses of the Federal Maritime Commission as
    authorized by section 201(d) of the Merchant Marine Act, 1936, as
    amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
    3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
    1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C.
    5901-5902, $27,490,000:  Provided, That not to exceed $2,000 shall be
    available for official reception and representation expenses.

    [[Page 1040]]

    National Railroad Passenger Corporation

    Office of Inspector General

    salaries and expenses

    For necessary expenses of the Office of Inspector General for the
    National Railroad Passenger Corporation to carry out the provisions of
    the Inspector General Act of 1978, as amended, $23,274,000:  Provided,
    That the Inspector General shall have all necessary authority, in
    carrying out the duties specified in the Inspector General Act, as
    amended (5 U.S.C. App. 3), to investigate allegations of fraud,
    including false statements to the government (18 U.S.C. 1001), by any
    person or entity that is subject to regulation by the National Railroad
    Passenger Corporation:  Provided further, That the Inspector General may
    enter into contracts and other arrangements for audits, studies,
    analyses, and other services with public agencies and with private
    persons, subject to the applicable laws and regulations that govern the
    obtaining of such services within the National Railroad Passenger
    Corporation:  Provided further, That the Inspector General may select,
    appoint, and employ such officers and employees as may be necessary for
    carrying out the functions, powers, and duties of the Office of
    Inspector General, subject to the applicable laws and regulations that
    govern such selections, appointments, and employment within the
    Corporation:  Provided further, That concurrent with the President's
    budget request for fiscal year 2018, the Inspector General shall submit
    to the House and Senate Committees on Appropriations a budget request
    for fiscal year 2018 in similar format and substance to those submitted
    by executive agencies of the Federal Government.

    National Transportation Safety Board

    salaries and expenses

    For necessary expenses of the National Transportation Safety Board,
    including hire of passenger motor vehicles and aircraft; services as
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for a GS-15; uniforms, or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
    $110,400,000, of which not to exceed $2,000 may be used for official
    reception and representation expenses. The amounts made available to the
    National Transportation Safety Board in this Act include amounts
    necessary to make lease payments on an obligation incurred in fiscal
    year 2001 for a capital lease.

    Neighborhood Reinvestment Corporation

    payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in
    neighborhood reinvestment activities, as authorized by the Neighborhood
    Reinvestment Corporation Act (42 U.S.C. 8101-8107), $140,000,000, of
    which $5,000,000 shall be for a multi-family rental housing program.

    [[Page 1041]]

    Surface Transportation Board

    salaries and expenses

    For necessary expenses of the Surface Transportation Board,
    including services authorized by 5 U.S.C. 3109, $37,100,000:  Provided,
    That notwithstanding any other provision of law, not to exceed
    $1,250,000 from fees established by the Chairman of the Surface
    Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized expenses
    under this heading:  Provided further, That the sum herein appropriated
    from the general fund shall be reduced on a dollar-for-dollar basis as
    such offsetting collections are received during fiscal year 2018, to
    result in a final appropriation from the general fund estimated at no
    more than $35,850,000.

    United States Interagency Council on Homelessness

    operating expenses

    For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms, and the employment of experts and consultants under section 3109
    of title 5, United States Code) of the United States Interagency Council
    on Homelessness in carrying out the functions pursuant to title II of
    the McKinney-Vento Homeless Assistance Act, as amended, $3,600,000:
    Provided, <>  That title II of the McKinney-
    Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.) is amended by
    striking ``October 1, 2018'' in section 209 and inserting ``October 1,
    2020''.

    TITLE IV

    GENERAL PROVISIONS--THIS ACT

    (including rescissions)

    Sec. 401.  None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
    Sec. 402.  None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
    Sec. 403.  The expenditure of any appropriation under this Act for
    any consulting service through a procurement contract pursuant to
    section 3109 of title 5, United States Code, shall be limited to those
    contracts where such expenditures are a matter of public record and
    available for public inspection, except where otherwise provided under
    existing law, or under existing Executive order issued pursuant to
    existing law.
    Sec. 404. (a) None of the funds made available in this Act may be
    obligated or expended for any employee training that--
    (1) does not meet identified needs for knowledge, skills,
    and abilities bearing directly upon the performance of official
    duties;

    [[Page 1042]]

    (2) contains elements likely to induce high levels of
    emotional response or psychological stress in some participants;
    (3) does not require prior employee notification of the
    content and methods to be used in the training and written end
    of course evaluation;
    (4) contains any methods or content associated with
    religious or quasi-religious belief systems or ``new age''
    belief systems as defined in Equal Employment Opportunity
    Commission Notice N-915.022, dated September 2, 1988; or
    (5) is offensive to, or designed to change, participants'
    personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
    Sec. 405.  Except as otherwise provided in this Act, none of the
    funds provided in this Act, provided by previous appropriations Acts to
    the agencies or entities funded in this Act that remain available for
    obligation or expenditure in fiscal year 2018, or provided from any
    accounts in the Treasury derived by the collection of fees and available
    to the agencies funded by this Act, shall be available for obligation or
    expenditure through a reprogramming of funds that--
    (1) creates a new program;
    (2) eliminates a program, project, or activity;
    (3) increases funds or personnel for any program, project,
    or activity for which funds have been denied or restricted by
    the Congress;
    (4) proposes to use funds directed for a specific activity
    by either the House or Senate Committees on Appropriations for a
    different purpose;
    (5) augments existing programs, projects, or activities in
    excess of $5,000,000 or 10 percent, whichever is less;
    (6) reduces existing programs, projects, or activities by
    $5,000,000 or 10 percent, whichever is less; or
    (7) creates, reorganizes, or restructures a branch,
    division, office, bureau, board, commission, agency,
    administration, or department different from the budget
    justifications submitted to the Committees on Appropriations or
    the table accompanying the explanatory statement accompanying
    this Act, whichever is more detailed, unless prior approval is
    received from the House and Senate Committees on Appropriations:
    Provided, That not later than 60 days after the date of
    enactment of this Act, each agency funded by this Act shall
    submit a report to the Committees on Appropriations of the
    Senate and of the House of Representatives to establish the
    baseline for application of reprogramming and transfer
    authorities for the current fiscal year:  Provided further, That
    the report shall include--
    (A) a table for each appropriation with a separate
    column to display the prior year enacted level, the
    President's budget request, adjustments made by
    Congress, adjustments due to enacted rescissions, if
    appropriate, and the fiscal year enacted level;
    (B) a delineation in the table for each
    appropriation and its respective prior year enacted
    level by object class and program, project, and activity
    as detailed in the budget appendix for the respective
    appropriation; and

    [[Page 1043]]

    (C) an identification of items of special
    congressional interest.

    Sec. 406.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the end
    of fiscal year 2018 from appropriations made available for salaries and
    expenses for fiscal year 2018 in this Act, shall remain available
    through September 30, 2019, for each such account for the purposes
    authorized:  Provided, That a request shall be submitted to the House
    and Senate Committees on Appropriations for approval prior to the
    expenditure of such funds:  Provided further, That these requests shall
    be made in compliance with reprogramming guidelines under section 405 of
    this Act.
    Sec. 407.  No funds in this Act may be used to support any Federal,
    State, or local projects that seek to use the power of eminent domain,
    unless eminent domain is employed only for a public use:  Provided, That
    for purposes of this section, public use shall not be construed to
    include economic development that primarily benefits private entities:
    Provided further, That any use of funds for mass transit, railroad,
    airport, seaport or highway projects, as well as utility projects which
    benefit or serve the general public (including energy-related,
    communication-related, water-related and wastewater-related
    infrastructure), other structures designated for use by the general
    public or which have other common-carrier or public-utility functions
    that serve the general public and are subject to regulation and
    oversight by the government, and projects for the removal of an
    immediate threat to public health and safety or brownfields as defined
    in the Small Business Liability Relief and Brownfields Revitalization
    Act (Public Law 107-118) shall be considered a public use for purposes
    of eminent domain.
    Sec. 408.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
    Sec. 409.  No part of any appropriation contained in this Act shall
    be available to pay the salary for any person filling a position, other
    than a temporary position, formerly held by an employee who has left to
    enter the Armed Forces of the United States and has satisfactorily
    completed his or her period of active military or naval service, and has
    within 90 days after his or her release from such service or from
    hospitalization continuing after discharge for a period of not more than
    1 year, made application for restoration to his or her former position
    and has been certified by the Office of Personnel Management as still
    qualified to perform the duties of his or her former position and has
    not been restored thereto.
    Sec. 410.  No funds appropriated pursuant to this Act may be
    expended by an entity unless the entity agrees that in expending the
    assistance the entity will comply with sections 2 through 4 of the Act
    of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
    American Act'').
    Sec. 411.  No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
    Sec. 412.  None of the funds made available in this Act may be used
    for first-class airline accommodations in contravention of

    [[Page 1044]]

    sections 301-10.122 and 301-10.123 of title 41, Code of Federal
    Regulations.
    Sec. 413. (a) None of the funds made available by this Act may be
    used to approve a new foreign air carrier permit under sections 41301
    through 41305 of title 49, United States Code, or exemption application
    under section 40109 of that title of an air carrier already holding an
    air operators certificate issued by a country that is party to the U.S.-
    E.U.-Iceland-Norway Air Transport Agreement where such approval would
    contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-
    Norway Air Transport Agreement.
    (b) Nothing in this section shall prohibit, restrict or otherwise
    preclude the Secretary of Transportation from granting a foreign air
    carrier permit or an exemption to such an air carrier where such
    authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
    Transport Agreement and United States law.
    Sec. 414.  None of the funds made available in this Act may be used
    to send or otherwise pay for the attendance of more than 50 employees of
    a single agency or department of the United States Government, who are
    stationed in the United States, at any single international conference
    unless the relevant Secretary reports to the House and Senate Committees
    on Appropriations at least 5 days in advance that such attendance is
    important to the national interest:  Provided, That for purposes of this
    section the term ``international conference'' shall mean a conference
    occurring outside of the United States attended by representatives of
    the United States Government and of foreign governments, international
    organizations, or nongovernmental organizations.
    Sec. 415.  None of the funds appropriated or otherwise made
    available under this Act may be used by the Surface Transportation Board
    to charge or collect any filing fee for rate or practice complaints
    filed with the Board in an amount in excess of the amount authorized for
    district court civil suit filing fees under section 1914 of title 28,
    United States Code.
    Sec. 416.  None of the funds made available by this Act may be used
    by the Department of Transportation, the Department of Housing and Urban
    Development, or any other Federal agency to lease or purchase new light
    duty vehicles for any executive fleet, or for an agency's fleet
    inventory, except in accordance with Presidential Memorandum--Federal
    Fleet Performance, dated May 24, 2011.
    Sec. 417. (a) All unobligated balances, including recaptures and
    carryover, remaining from funds appropriated in division K of Public Law
    115-31 for ``Department of Transportation-Office of the Secretary-
    Salaries and Expenses'', ``Department of Transportation-Office of the
    Secretary-Office of Civil Rights'', ``Department of Transportation-
    Office of the Secretary-Small and Disadvantaged Business Utilization and
    Outreach'', ``Department of Transportation-Federal Transit
    Administration-Administrative Expenses'', ``Department of
    Transportation-Pipeline and Hazardous Materials Safety Administration-
    Operational Expenses'', ``Access Board-Salaries and Expenses'',
    ``Federal Maritime Commission-Salaries and Expenses'', ``National
    Railroad Passenger Corporation-Office of Inspector General-Salaries and
    Expenses'', ``National Transportation Safety Board-Salaries and
    Expenses'', and ``United States Interagency Council on Homelessness-
    Operating Expenses'' are rescinded.

    [[Page 1045]]

    (b) All unobligated balances, including recaptures and carryover,
    remaining from funds appropriated in division K of Public Law 115-31 for
    accounts under the headings ``Department of Housing and Urban
    Development-Management and Administration'' and ``Department of Housing
    and Urban Development-Program Office Salaries and Expenses'' are
    rescinded.
    Sec. 418. (a) None of the funds made available in this Act may be
    used to maintain or establish a computer network unless such network
    blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities.
    Sec. 419. (a) None of the funds made available in this Act may be
    used to deny an Inspector General funded under this Act timely access to
    any records, documents, or other materials available to the department
    or agency over which that Inspector General has responsibilities under
    the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
    impede that Inspector General's access to such records, documents, or
    other materials, under any provision of law, except a provision of law
    that expressly refers to the Inspector General and expressly limits the
    Inspector General's right of access.
    (b) A department or agency covered by this section shall provide its
    Inspector General with access to all such records, documents, and other
    materials in a timely manner.
    (c) Each Inspector General shall ensure compliance with statutory
    limitations on disclosure relevant to the information provided by the
    establishment over which that Inspector General has responsibilities
    under the Inspector General Act of 1978 (5 U.S.C. App.).
    (d) Each Inspector General covered by this section shall report to
    the Committees on Appropriations of the House of Representatives and the
    Senate within 5 calendar days any failures to comply with this
    requirement.
    Sec. 420. (a) Terminal Aerodrome Forecast.--The Administrator shall
    permit an air carrier operation under part 121 of title 14, Code of
    Federal Regulations, to operate to a destination determined to be under
    visual flight rules without a Terminal Aerodrome Forecast or
    Meteorological Aerodrome Report if a current Area Forecast, supplemented
    by other local weather observations or reports, is available, and an
    alternate airport that has an available Terminal Aerodome Forecast and
    weather report is specified. The air carrier shall have approved
    procedures for dispatch and enroute weather evaluation and shall operate
    under instrument flight rules enroute to the destination.
    (b) Limitation.--Without a written finding of necessity, based on
    objective and historical evidence of imminent threat to safety, the
    Administrator shall not promulgate any operation specification, policy,
    or guidance document that is more restrictive than, or requires
    procedures that are not expressly stated in, the regulations.
    Sec. 421.  Section 149(m) of title 23, United States Code, is
    amended by adding ``or on a State-Supported Amtrak route with a valid
    cost-sharing agreement under section 209 of the Passenger Rail
    Investment and Improvement Act of 2008 and no current nonattainment
    areas under subsection (d),'' after ``2012,''.

    [[Page 1046]]

    This division may be cited as the ``Transportation, Housing and
    Urban Development, and Related Agencies Appropriations Act, 2018''.

    DIVISION M--EXTENSIONS

    TITLE I--AIRPORT <>
    AND AIRWAY EXTENSION ACT OF 2018

    SECTION 1. <>  SHORT TITLE.

    This title may be cited as the ``Airport and Airway Extension Act of
    2018''.

    Subtitle A--Federal Aviation Programs

    SEC. 101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

    (a) Authorization of Appropriations.--Section 48103(a) of title 49,
    United States Code, is amended by striking ``2012'' and all that follows
    through the period at the end and inserting ``2012 through 2018.''.
    (b) Project Grant Authority.--Section 47104(c) of title 49, United
    States Code, is amended in the matter preceding paragraph (1) by
    striking ``March 31, 2018,'' and inserting ``September 30, 2018,''.

    SEC. 102. EXTENSION OF EXPIRING AUTHORITIES.

    (a) Section 47107(r)(3) of title 49, United States Code, is amended
    by striking ``April 1, 2018'' and inserting ``October 1, 2018''.
    (b) Section 47115(j) of title 49, United States Code, is amended by
    striking ``2017 and for the period beginning on October 1, 2017, and
    ending on March 31, 2018'' and inserting ``2018''.
    (c) Section 47124(b)(3)(E) of title 49, United States Code, is
    amended by striking ``2012'' and all that follows through ``2018,'' and
    inserting ``2012 through 2018''.
    (d) Section 47141(f) of title 49, United States Code, is amended by
    striking ``March 31, 2018'' and inserting ``September 30, 2018''.
    (e) Section 186(d) of the Vision 100-Century of Aviation
    Reauthorization Act (117 Stat. 2518) is amended by striking ``2017 and
    for the period beginning on October 1, 2017, and ending on March 31,
    2018,'' and inserting ``2018''.
    (f) Section 409(d) of the Vision 100-Century of Aviation
    Reauthorization Act (49 U.S.C. 41731 note) is amended by striking
    ``March 31, 2018'' and inserting ``September 30, 2018''.
    (g) Section 411(h) of the FAA Modernization and Reform Act of 2012
    (49 U.S.C. 42301 prec. note) is amended by striking ``March 31, 2018''
    and inserting ``September 30, 2018''.
    (h) Section 822(k) of the FAA Modernization and Reform Act of 2012
    (49 U.S.C. 47141 note) is amended by striking ``March 31, 2018'' and
    inserting ``September 30, 2018''.
    (i) Section 2306(b) of the FAA Extension, Safety, and Security Act
    of 2016 (130 Stat. 641) is amended by striking ``April 1, 2018'' and
    inserting ``October 1, 2018''.

    [[Page 1047]]

    SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

    Section 106(k) of title 49, United States Code, is amended--
    (1) in paragraph (1) by striking subparagraph (F) and
    inserting the following:
    ``(F) $10,025,852,000 for fiscal year 2018.''; and
    (2) in paragraph (3) by striking ``2017 and for the period
    beginning on October 1, 2017, and ending on March 31, 2018'' and
    inserting ``2018''.

    SEC. 104. SMALL COMMUNITY AIR SERVICE.

    (a) Essential Air Service Authorization.--Section 41742(a)(2) of
    title 49, United States Code, is amended by striking ``2016'' and all
    that follows through ``2018,'' and inserting ``2016 and 2017, and
    $150,000,000 for fiscal year 2018''.
    (b) Airports Not Receiving Sufficient Service.--Section 41743(e)(2)
    of title 49, United States Code, is amended by striking ``2012'' and all
    that follows through ``2018,'' and inserting ``2012 through 2017 and
    $10,000,000 for fiscal year 2018''.

    SEC. 105. AIR NAVIGATION FACILITIES AND EQUIPMENT.

    Section 48101(a) of title 49, United States Code, is amended--
    (1) in paragraph (5) by striking ``2016 and 2017'' and
    inserting ``2016 through 2018''; and
    (2) by striking paragraph (6).

    SEC. 106. RESEARCH, ENGINEERING, AND DEVELOPMENT.

    Section 48102(a)(10) of title 49, United States Code, is amended to
    read as follows:
    ``(10) $176,500,000 for fiscal year 2018.''.

    SEC. 107. FUNDING FOR AVIATION PROGRAMS.

    The budget authority authorized in this title, including the
    amendments made by this title, shall be deemed to satisfy the
    requirements of subsections (a)(1)(B) and (a)(2) of section 48114 of
    title 49, United States Code, for fiscal year 2018.

    SEC. 108. CONTROLLER HIRING.

    Section 44506(f) of title 49, United States Code, is amended--
    (1) in paragraph (1) by adding at the end the following:
    ``(C) Special rule.--
    ``(i) In general.--Notwithstanding
    subparagraph (B), after giving preferential
    consideration to applicants under subparagraph (A)
    and if, after consulting with the labor
    organization recognized as the exclusive
    representative of air traffic controllers under
    section 7111 of title 5, the Administrator
    determines there are unique circumstances
    affecting a covered facility that warrant a
    vacancy announcement with a limited area of
    consideration, the Administrator may consider
    applicants for the position of air traffic
    controller who apply under a vacancy announcement
    recruiting from the local commuting area for that
    covered facility.
    ``(ii) Biographical assessments.--The
    Administrator shall not use any biographical
    assessment with respect to an applicant under this
    subparagraph who would otherwise qualify as a Pool
    1 applicant under subparagraph (B)(ii).

    [[Page 1048]]

    ``(iii) Covered facility defined.--In this
    subparagraph the term `covered facility' means a
    radar facility with at least 1,000,000 operations
    annually that is located in a metropolitan
    statistical area (as defined by the Office of
    Management and Budget) with a population estimate
    by the Bureau of the Census of more than
    15,000,000 (as of July 1, 2016).''; and
    (2) in paragraph (3)--
    (A) by inserting ``except for individuals covered by
    the program described in paragraph (4),'' after
    ``section 3307 of title 5,''; and
    (B) by adding at the end the following:
    ``(4) Retired military controllers.--The Administrator may
    establish a program to provide an original appointment to a
    position as an air traffic controller for individuals who--
    ``(A) are on terminal leave pending retirement from
    active duty military service or have retired from active
    duty military service within 5 years of applying for the
    appointment; and
    ``(B) have held either an air traffic certification
    or air traffic control facility rating according to
    Administration standards within 5 years of applying for
    the appointment.''.

    Subtitle B--Aviation Revenue Provisions

    SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST FUND.

    (a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
    1986 <>  is amended--
    (1) in the matter preceding subparagraph (A) by striking
    ``April 1, 2018'' and inserting ``October 1, 2018''; and
    (2) in subparagraph (A) by striking the semicolon at the end
    and inserting ``or the Airport and Airway Extension Act of
    2018;''.

    (b) Conforming Amendment.--Section 9502(e)(2) of such Code is
    amended by striking ``April 1, 2018'' and inserting ``October 1, 2018''.

    SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

    (a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
    of 1986 is amended by striking ``March 31, 2018'' and inserting
    ``September 30, 2018''.
    (b) Ticket Taxes.--
    (1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
    amended by striking ``March 31, 2018'' and inserting ``September
    30, 2018''.
    (2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
    amended by striking ``March 31, 2018'' and inserting ``September
    30, 2018''.

    (c) Fractional Ownership Programs.--
    (1) Treatment as noncommercial aviation.--Section 4083(b) of
    such Code is amended by striking ``April 1, 2018'' and inserting
    ``October 1, 2018''.

    [[Page 1049]]

    (2) Exemption from ticket taxes.--Section 4261(j) of such
    Code is amended <>  by striking ``March 31,
    2018'' and inserting ``September 30, 2018''.

    TITLE II--IMMIGRATION EXTENSIONS

    Sec. 201.  Section 401(b) <>  of the
    Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
    U.S.C. 1324a note) shall be applied by substituting ``September 30,
    2018'' for ``September 30, 2015''.

    Sec. 202.  Subclauses <>
    101(a)(27)(C)(ii)(II) and (III) of the Immigration and Nationality Act
    (8 U.S.C. 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by
    substituting ``September 30, 2018'' for ``September 30, 2015''.

    Sec. 203.  Section <>  220(c) of the
    Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C.
    1182 note) shall be applied by substituting ``September 30, 2018'' for
    ``September 30, 2015''.

    Sec. 204.  Section <>  610(b) of the
    Departments of Commerce, Justice, and State, the Judiciary, and Related
    Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied
    by substituting ``September 30, 2018'' for ``September 30, 2015''.

    Sec. 205.  Notwithstanding the numerical limitation set forth in
    section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
    1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
    with the Secretary of Labor, and upon the determination that the needs
    of American businesses cannot be satisfied in fiscal year 2018 with
    United States workers who are willing, qualified, and able to perform
    temporary nonagricultural labor, may increase the total number of aliens
    who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8
    U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation
    by not more than the highest number of H-2B nonimmigrants who
    participated in the H-2B returning worker program in any fiscal year in
    which returning workers were exempt from such numerical limitation.

    TITLE III--NATIONAL FLOOD INSURANCE PROGRAM EXTENSION

    Sec. 301.  Sections <>  1309(a) and 1319 of
    the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026)
    shall be applied by substituting ``July 31, 2018'' for ``September 30,
    2017''.

    TITLE IV--PESTICIDE REGISTRATION IMPROVEMENT ACT EXTENSION

    Sec. 401. (a) <>  The following sections
    of the Federal Insecticide, Fungicide, and Rodenticide Act shall
    continue in effect through September 30, 2018--
    (1) subparagraphs (C) through (E) of section 4(i)(1) (7
    U.S.C. 136a-1(i)(1)(C)-(E));
    (2) section 4(k)(3) (7 U.S.C. 136a-1(k)(3));
    (3) section 4(k)(4) (7 U.S.C. 136a-1(k)(4)); and
    (4) section 33(c)(3)(B) (7 U.S.C. 136w-8(c)(3)(B)).

    [[Page 1050]]

    (b)(1) <>  Section 4(i)(1)(I) of the
    Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
    1(i)(1)(I)) shall be applied by substituting ``September 30, 2018'' for
    ``September 30, 2017''.
    (2) <>  Notwithstanding section
    33(m)(2) of the Federal Insecticide, Fungicide, and Rodenticide
    Act (7 U.S.C. 136w-8(m)(2)), section 33(m)(1) of such Act (7
    U.S.C. 136w-8(m)(1)) shall be applied by substituting
    ``September 30, 2018'' for ``September 30, 2017''.

    (c) <>  Section 408(m)(3) of the Federal
    Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied by
    substituting ``September 30, 2018'' for ``September 30, 2017''.

    TITLE V--GENERALIZED SYSTEM OF PREFERENCES

    SEC. 501. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.

    (a) In General.--Section 505 of the Trade Act of 1974 (19 U.S.C.
    2465) is amended by striking ``December 31, 2017'' and inserting
    ``December 31, 2020''.
    (b) <>  Effective Date.--
    (1) In general.--The amendment made by subsection (a) shall
    apply to articles entered on or after the 30th day after the
    date of the enactment of this Act.
    (2) Retroactive application for certain liquidations and
    reliquidations.--
    (A) In general.--Notwithstanding section 514 of the
    Tariff Act of 1930 (19 U.S.C. 1514) or any other
    provision of law and subject to subparagraph (B), any
    entry of a covered article to which duty-free treatment
    or other preferential treatment under title V of the
    Trade Act of 1974 (19 U.S.C. 2461 et seq.) would have
    applied if the entry had been made on December 31, 2017,
    that was made--
    (i) after December 31, 2017, and
    (ii) before the effective date specified in
    paragraph (1),
    shall be liquidated or reliquidated as though such entry
    occurred on the effective date specified in paragraph
    (1).
    (B) Requests.--A liquidation or reliquidation may be
    made under subparagraph (A) with respect to an entry
    only if a request therefor is filed with U.S. Customs
    and Border Protection not later than 180 days after the
    date of the enactment of this Act that contains
    sufficient information to enable U.S. Customs and Border
    Protection--
    (i) to locate the entry; or
    (ii) to reconstruct the entry if it cannot be
    located.
    (C) Payment of amounts owed.--Any amounts owed by
    the United States pursuant to the liquidation or
    reliquidation of an entry of a covered article under
    subparagraph (A) shall be paid, without interest, not
    later than 90 days after the date of the liquidation or
    reliquidation (as the case may be).
    (3) Definitions.--In this subsection:

    [[Page 1051]]

    (A) Covered article.--The term ``covered article''
    means an article from a country that is a beneficiary
    developing country under title V of the Trade Act of
    1974 (19 U.S.C. 2461 et seq.) as of the effective date
    specified in paragraph (1).
    (B) Enter; entry.--The terms ``enter'' and ``entry''
    include a withdrawal from warehouse for consumption.

    (c) Annual Report on Enforcement of Eligibility Criteria.--Not later
    than 1 year after the date of the enactment of this Act, and annually
    thereafter through December 31, 2020, the United States Trade
    Representative shall submit to the Committee on Ways and Means of the
    House of Representatives and the Committee on Finance of the Senate a
    report on efforts to ensure that countries designated as beneficiary
    developing countries under title V of the Trade Act of 1974 (19 U.S.C.
    2461 et seq.) are meeting the eligibility criteria set forth in section
    502(c) of such Act (19 U.S.C. 2462(c)).

    SEC. 502. TECHNICAL MODIFICATION TO PROCEDURES FOR COMPETITIVE NEED
    LIMITATION AND WAIVERS.

    Section 503 of the Trade Act of 1974 (19 U.S.C. 2463) is amended--
    (1) in subsection (c)(2)--
    (A) in the matter following subparagraph (A)(i)(II),
    by striking ``July 1'' and inserting ``November 1''; and
    (B) in subparagraph (E), by striking ``on January 1,
    1995'' and inserting ``in any of the preceding 3
    calendar years''; and
    (2) in subsection (d), by striking ``July 1'' each place it
    appears and inserting ``November 1''.

    SEC. 503. CUSTOMS USER FEES.

    Section 13031(j)(3)(A) of the Consolidated Omnibus Budget
    Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is amended by
    striking ``February 24, 2027'' and inserting ``July 21, 2027''.

    TITLE VI--JUDICIAL REDACTION AUTHORITY EXTENSION

    SEC. 601. EXTENSION OF REDACTION AUTHORITY CONCERNING SENSITIVE SECURITY
    INFORMATION.

    Section 105(b)(3)(E) of the Ethics in Government Act of 1978 (5
    U.S.C. App.) is amended by striking ``2017'' both places it appears and
    inserting ``2027''.

    TITLE VII--BUDGETARY EFFECTS

    SEC. 701. BUDGETARY EFFECTS.

    (a) Statutory PAYGO Scorecards.--The budgetary effects of this
    division and each succeeding division shall not be entered on either
    PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
    Pay-As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this division
    and each succeeding division shall not be entered on any

    [[Page 1052]]

    PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res.
    71 (115th Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
    the Budget Scorekeeping Guidelines set forth in the joint explanatory
    statement of the committee of conference accompanying Conference Report
    105-217 and section 250(c)(8) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, the budgetary effects of this division and
    each succeeding division shall not be estimated--
    (1) for purposes of section 251 of such Act; and
    (2) for purposes of paragraph (4)(C) of section 3 of the
    Statutory Pay-As-You-Go Act of 2010 as being included in an
    appropriation Act.

    DIVISION N--BUILD <>  ACT

    SECTION 1. SHORT TITLE.

    This division may be cited as the ``Brownfields Utilization,
    Investment, and Local Development Act of 2018'' or the ``BUILD Act''.

    SEC. 2. REDEVELOPMENT CERTAINTY FOR GOVERNMENTAL ENTITIES.

    Section 101(20)(D) of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is amended
    by striking ``ownership or control'' and all that follows through ``by
    virtue'' and inserting ``ownership or control through seizure or
    otherwise in connection with law enforcement activity, or through
    bankruptcy, tax delinquency, abandonment, or other circumstances in
    which the government acquires title by virtue''.

    SEC. 3. ALASKA NATIVE VILLAGE AND NATIVE CORPORATION RELIEF.

    Section 101(20) of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is
    amended--
    (1) by redesignating subparagraphs (E) through (G) as
    subparagraphs (F) through (H), respectively;
    (2) by inserting after subparagraph (D) the following:
    ``(E) Exclusion of certain alaska native villages
    and native corporations.--
    ``(i) In general.--The term `owner or
    operator' does not include, with respect to a
    facility conveyed to a Native village or Native
    Corporation (as those terms are defined in section
    3 of the Alaska Native Claims Settlement Act)
    under the Alaska Native Claims Settlement Act--
    ``(I) the Native village or Native
    Corporation that received the facility
    from the United States Government; or
    ``(II) a successor in interest to
    which the facility was conveyed under
    section 14(c) of such Act.
    ``(ii) Limitation.--The exclusion provided
    under this subparagraph shall not apply to any
    entity described in clause (i) that causes or
    contributes to

    [[Page 1053]]

    a release or threatened release of a hazardous
    substance from the facility conveyed as described
    in such clause.'';
    (3) in subparagraph (G) (as so redesignated), in the matter
    preceding clause (i), by striking ``subparagraph (E)'' and
    inserting ``subparagraph (F)''; and
    (4) in clause (i)(II) of subparagraph (H) (as so
    redesignated), by striking ``1813)'' and inserting ``1813))''.

    SEC. 4. PETROLEUM BROWNFIELD ENHANCEMENT.

    Section 101(39)(D)(ii)(II) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (42 U.S.C.
    9601(39)(D)(ii)(II)) is amended by amending item (bb) to read as
    follows:
    ``(bb) is a site for which there is no viable responsible party and
    that is determined by the Administrator or the State, as appropriate, to
    be a site that will be assessed, investigated, or cleaned up by a person
    that is not potentially liable for cleaning up the site under this Act
    or any other law pertaining to the cleanup of petroleum products; and''.

    SEC. 5. PROSPECTIVE PURCHASERS AND LESSEES.

    (a) Bona Fide Prospective Purchaser.--Section 101(40) of the
    Comprehensive Environmental Response, Compensation, and Liability Act of
    1980 (42 U.S.C. 9601(40)) is amended--
    (1) in subparagraph (B)--
    (A) by redesignating clauses (i) through (iii) as
    subclauses (I) through (III), respectively, and
    indenting appropriately;
    (B) in subclause (I) (as so redesignated), by
    striking ``clauses (ii) and (iii)'' and inserting
    ``subclauses (II) and (III)'';
    (C) in subclause (II) (as so redesignated), by
    striking ``subparagraph'' and inserting ``clause''; and
    (D) in subclause (III) (as so redesignated), by
    striking ``subparagraph'' and inserting ``clause'';
    (2) in subparagraph (D), by redesignating clauses (i)
    through (iii) as subclauses (I) through (III), respectively, and
    indenting appropriately;
    (3) in subparagraph (F), by redesignating clauses (i) and
    (ii) as subclauses (I) and (II), respectively, and indenting
    appropriately;
    (4) in subparagraph (H)--
    (A) in clause (i)--
    (i) in subclause (II), by inserting ``, by a
    tenancy, by the instruments by which a leasehold
    interest in the facility is created,'' after
    ``financed''; and
    (ii) by redesignating subclauses (I) and (II)
    as items (aa) and (bb), respectively, and
    indenting appropriately; and
    (B) by redesignating clauses (i) and (ii) as
    subclauses (I) and (II), respectively, and indenting
    appropriately;
    (5) by redesignating subparagraphs (B) through (H) as
    clauses (ii) through (viii), respectively, and indenting
    appropriately; and
    (6) by striking the paragraph designation and heading and
    all that follows through ``All disposal of'' in subparagraph (A)
    and inserting the following:

    [[Page 1054]]

    ``(40) Bona fide prospective purchaser.--
    ``(A) In general.--The term `bona fide prospective
    purchaser' means, with respect to a facility--
    ``(i) a person who--
    ``(I) acquires ownership of the
    facility after January 11, 2002; and
    ``(II) establishes by a
    preponderance of the evidence each of
    the criteria described in clauses (i)
    through (viii) of subparagraph (B); and
    ``(ii) a person--
    ``(I) who acquires a leasehold
    interest in the facility after January
    11, 2002;
    ``(II) who establishes by a
    preponderance of the evidence that the
    leasehold interest is not designed to
    avoid liability under this Act by any
    person; and
    ``(III) with respect to whom any of
    the following conditions apply:
    ``(aa) The owner of the
    facility that is subject to the
    leasehold interest is a person
    described in clause (i).
    ``(bb)(AA) The owner of the
    facility that is subject to the
    leasehold interest was a person
    described in clause (i) at the
    time the leasehold interest was
    acquired, but can no longer
    establish by a preponderance of
    the evidence each of the
    criteria described in clauses
    (i) through (viii) of
    subparagraph (B) due to
    circumstances unrelated to any
    action of the person who holds
    the leasehold interest; and
    ``(BB) the person who holds
    the leasehold interest
    establishes by a preponderance
    of the evidence each of the
    criteria described in clauses
    (i), (iii), (iv), (v), (vi),
    (vii), and (viii) of
    subparagraph (B).
    ``(cc) The person who holds
    the leasehold interest
    establishes by a preponderance
    of the evidence each of the
    criteria described in clauses
    (i) through (viii) of
    subparagraph (B).
    ``(B) Criteria.--The criteria described in this
    subparagraph are as follows:
    ``(i) Disposal prior to acquisition.--All
    disposal of''.

    (b) Limitation on Liability.--Section 107(r)(1) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9607(r)(1)) is amended by striking ``purchaser's'' and inserting
    ``bona fide prospective purchaser''.

    SEC. 6. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.

    Section 104(k)(1) of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is
    amended--
    (1) in subparagraph (G), by striking ``or'' after the
    semicolon;
    (2) in subparagraph (H), by striking the period at the end
    and inserting a semicolon; and

    [[Page 1055]]

    (3) by adding at the end the following:
    ``(I) an organization described in section 501(c)(3)
    of the Internal Revenue Code of 1986 and exempt from
    taxation under section 501(a) of that Code;
    ``(J) a limited liability corporation in which all
    managing members are organizations described in
    subparagraph (I) or limited liability corporations whose
    sole members are organizations described in subparagraph
    (I);
    ``(K) a limited partnership in which all general
    partners are organizations described in subparagraph (I)
    or limited liability corporations whose sole members are
    organizations described in subparagraph (I); or
    ``(L) a qualified community development entity (as
    defined in section 45D(c)(1) of the Internal Revenue
    Code of 1986).''.

    SEC. 7. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES.

    Section 104(k) of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended--
    (1) in paragraph (2), by adding at the end the following:
    ``(C) Exemption for certain publicly owned
    brownfield sites.--Notwithstanding paragraph
    (5)(B)(iii), an eligible entity described in any of
    subparagraphs (A) through (H) of paragraph (1) may
    receive a grant under this paragraph for property
    acquired by that eligible entity prior to January 11,
    2002, even if the eligible entity does not qualify as a
    bona fide prospective purchaser, so long as the eligible
    entity has not caused or contributed to a release or
    threatened release of a hazardous substance at the
    property.''; and
    (2) in paragraph (3), by adding at the end the following:
    ``(E) Exemption for certain publicly owned
    brownfield sites.--Notwithstanding paragraph
    (5)(B)(iii), an eligible entity described in any of
    subparagraphs (A) through (H) of paragraph (1) may
    receive a grant or loan under this paragraph for
    property acquired by that eligible entity prior to
    January 11, 2002, even if the eligible entity does not
    qualify as a bona fide prospective purchaser, so long as
    the eligible entity has not caused or contributed to a
    release or threatened release of a hazardous substance
    at the property.''.

    SEC. 8. INCREASED FUNDING FOR REMEDIATION GRANTS.

    Section 104(k)(3)(A)(ii) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (42 U.S.C.
    9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to be
    remediated'' and inserting ``$500,000 for each site to be remediated,
    which limit may be waived by the Administrator, but not to exceed a
    total of $650,000 for each site, based on the anticipated level of
    contamination, size, or ownership status of the site''.

    SEC. 9. MULTIPURPOSE BROWNFIELDS GRANTS.

    Section 104(k) of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended--

    [[Page 1056]]

    (1) by redesignating paragraphs (4) through (12) as
    paragraphs (5) through (13), respectively;
    (2) in paragraph (3)(A), in the matter preceding clause (i),
    by striking ``Subject to paragraphs (4) and (5)'' and inserting
    ``Subject to paragraphs (5) and (6)'';
    (3) by inserting after paragraph (3) the following:
    ``(4) Multipurpose brownfields grants.--
    ``(A) In general.--Subject to subparagraph (D) and
    paragraphs (5) and (6), the Administrator shall
    establish a program to provide multipurpose grants to an
    eligible entity based on the criteria under subparagraph
    (C) and the considerations under paragraph (3)(C), to
    carry out inventory, characterization, assessment,
    planning, or remediation activities at 1 or more
    brownfield sites in an area proposed by the eligible
    entity.
    ``(B) Grant amounts.--
    ``(i) Individual grant amounts.--Each grant
    awarded under this paragraph shall not exceed
    $1,000,000.
    ``(ii) Cumulative grant amounts.--The total
    amount of grants awarded for each fiscal year
    under this paragraph may not exceed 15 percent of
    the funds made available for the fiscal year to
    carry out this subsection.
    ``(C) Criteria.--In awarding a grant under this
    paragraph, the Administrator shall consider the extent
    to which the eligible entity is able--
    ``(i) to provide an overall plan for
    revitalization of the 1 or more brownfield sites
    in the proposed area in which the multipurpose
    grant will be used;
    ``(ii) to demonstrate a capacity to conduct
    the range of eligible activities that will be
    funded by the multipurpose grant; and
    ``(iii) to demonstrate that a multipurpose
    grant will meet the needs of the 1 or more
    brownfield sites in the proposed area.
    ``(D) Condition.--As a condition of receiving a
    grant under this paragraph, each eligible entity shall
    expend the full amount of the grant by not later than
    the date that is 5 years after the date on which the
    grant is awarded to the eligible entity, unless the
    Administrator provides an extension.
    ``(E) Ownership.--An eligible entity that receives a
    grant under this paragraph may not expend any of the
    grant funds for the remediation of a brownfield site
    unless the eligible entity owns the brownfield site.'';
    and
    (4) by striking ``paragraph (2) or (3)'' each place it
    appears and inserting ``paragraph (2), (3), or (4)''.

    SEC. 10. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.

    Paragraph (5) of section 104(k) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
    (as redesignated by section 9 of this Act) is amended--
    (1) by amending subparagraph (B) to read as follows:
    ``(B) Prohibition.--No part of a grant or loan under
    this subsection may be used for the payment of--

    [[Page 1057]]

    ``(i) a penalty or fine;
    ``(ii) a Federal cost-share requirement;
    ``(iii) a response cost at a brownfield site
    for which the recipient of the grant or loan is
    potentially liable under section 107; or
    ``(iv) a cost of compliance with any Federal
    law (including a Federal law specified in section
    101(39)(B)), excluding the cost of compliance with
    laws applicable to the cleanup.''; and
    (2) by adding at the end the following:
    ``(E) Administrative costs.--
    ``(i) In general.--An eligible entity may use
    up to 5 percent of the amounts made available
    under a grant or loan under this subsection for
    administrative costs.
    ``(ii) Restriction.--For purposes of clause
    (i), the term `administrative costs' does not
    include--
    ``(I) investigation and
    identification of the extent of
    contamination of a brownfield site;
    ``(II) design and performance of a
    response action; or
    ``(III) monitoring of a natural
    resource.''.

    SEC. 11. GRANT APPLICATIONS.

    (a) Waterfront Brownfields Grants; Clean Energy on Brownfield
    Sites.--Paragraph (6)(C) of section 104(k) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9604(k)) (as redesignated by section 9 of this Act) is amended by
    adding at the end the following:
    ``(xi) The extent to which a grant would
    address a site adjacent to a body of water or a
    federally designated flood plain.
    ``(xii) The extent to which a grant would
    facilitate--
    ``(I) the location at a brownfield
    site of a facility that generates
    renewable electricity from wind, solar,
    or geothermal energy; or
    ``(II) any energy efficiency
    improvement project at a brownfield
    site, including a project for a combined
    heat and power system or a district
    energy system.''.

    (b) Report on Ranking Criteria.--Paragraph (6) of section 104(k) of
    the Comprehensive Environmental Response, Compensation, and Liability
    Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 9 of this
    Act) is amended by adding at the end the following:
    ``(D) Report on ranking criteria.--Not later than
    September 30, 2022, the Administrator shall submit to
    Congress a report regarding the Administrator's use of
    the ranking criteria described in subparagraph (C) in
    awarding grants under this subsection.''.

    SEC. 12. AUDITS.

    Paragraph (8) of section 104(k) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
    (as redesignated by section 9 of this Act) is amended by striking ``3
    years after the date of the enactment of this subsection'' and inserting
    ``September 30, 2022''.

    [[Page 1058]]

    SEC. 13. BROWNFIELDS FUNDING.

    Paragraph (13) of section 104(k) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
    (as redesignated by section 9 of this Act) is amended to read as
    follows:
    ``(13) Authorization of appropriations.--There is authorized
    to be appropriated to carry out this subsection $200,000,000 for
    each of fiscal years 2019 through 2023.''.

    SEC. 14. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.

    (a) In General.--Section 128(a)(1)(B) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9628(a)(1)(B)) is amended--
    (1) in clause (ii)--
    (A) in subclause (I), by striking ``; or'' and
    inserting a semicolon;
    (B) in subclause (II), by striking the period at the
    end and inserting ``; or''; and
    (C) by adding at the end the following:
    ``(III) assist small communities,
    Indian tribes, rural areas, or
    disadvantaged areas in carrying out
    activities described in section
    104(k)(7)(A) with respect to brownfield
    sites.''; and
    (2) by adding at the end the following:
    ``(iii) Small communities, indian tribes,
    rural areas, and disadvantaged areas.--
    ``(I) In general.--To make grants to
    States or Indian tribes under clause
    (ii)(III), the Administrator may use, in
    addition to amounts available to carry
    out this subsection, not more than
    $1,500,000 of the amounts made available
    to carry out section 104(k)(7) in each
    fiscal year.
    ``(II) Limitation.--Each grant made
    under subclause (I) may be not more than
    $20,000.
    ``(III) Inclusion in other grants.--
    The Administrator may, at the request of
    a State or Indian tribe, include a grant
    under this clause in any other grant to
    the State or Indian tribe made under
    this subsection.
    ``(iv) Definitions.--In this subparagraph:
    ``(I) Disadvantaged area.--The term
    `disadvantaged area' means a community
    with an annual median household income
    that is less than 80 percent of the
    statewide annual median household
    income, as determined by the President
    based on the latest available decennial
    census.
    ``(II) Small community.--The term
    `small community' means a community with
    a population of not more than 15,000
    individuals, as determined by the
    President based on the latest available
    decennial census.''.

    (b) Conforming Amendment.--Section 104(g)(1) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9604(g)(1)) is amended by inserting ``or section
    128(a)(1)(B)(ii)(III)'' after ``under this section''.

    [[Page 1059]]

    SEC. 15. STATE RESPONSE PROGRAM FUNDING.

    Section 128(a)(3) of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is
    amended to read as follows:
    ``(3) Funding.--There is authorized to be appropriated to
    carry out this subsection $50,000,000 for each of fiscal years
    2019 through 2023.''.

    DIVISION O--WILDFIRE <>  SUPPRESSION FUNDING AND FOREST MANAGEMENT
    ACTIVITIES ACT

    SEC. 101. <>  SHORT TITLE.

    This division may be cited as the ``Wildfire Suppression Funding and
    Forest Management Activities Act''.

    TITLE I--WILDFIRE AND DISASTER FUNDING ADJUSTMENT

    SEC. 102. WILDFIRE AND DISASTER FUNDING ADJUSTMENT.

    (a) Section 251(b)(2) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended--
    (1) in subparagraph (D)(i), by striking subclauses (I) and
    (II) and inserting the following--
    ``(I) the average over the previous
    10 years (excluding the highest and
    lowest years) of the sum of the funding
    provided for disaster relief (as that
    term is defined on the date immediately
    before the date of enactment of the
    Wildfire Suppression Funding and Forest
    Management Activities Act);
    ``(II) notwithstanding clause (iv),
    starting in fiscal year 2018, five
    percent of the total appropriations
    provided after fiscal year 2011 or in
    the previous 10 years, whichever is
    less, net of any rescissions of budget
    authority enacted in the same period,
    with respect to amounts provided for
    major disasters declared pursuant to the
    Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5121
    et seq.) and designated by the Congress
    and the President as an emergency
    pursuant to subparagraph (A)(i) of this
    paragraph; and
    ``(III) the cumulative net total of
    the unused carryover for fiscal year
    2018 and all subsequent fiscal years,
    where the unused carryover for each
    fiscal year is calculated as the sum of
    the amounts in subclauses (I) and (II)
    less the enacted appropriations for that
    fiscal year that have been designated as
    being for disaster relief.'';
    (2) in subparagraph (D)(ii), by striking ``not later than 30
    days after the date of enactment of the Budget Control Act of
    2011'' and inserting ``not later than 30 days after the

    [[Page 1060]]

    date of enactment of the Wildfire Suppression Funding and Forest
    Management Activities Act''; and
    (3) by adding at the end the following:
    ``(F) Wildfire suppression.--
    ``(i) Additional new budget authority.--If,
    for fiscal years 2020 through 2027, a bill or
    joint resolution making appropriations for a
    fiscal year is enacted that provides an amount for
    wildfire suppression operations in the Wildland
    Fire Management accounts at the Department of
    Agriculture or the Department of the Interior,
    then the adjustments for that fiscal year shall be
    the amount of additional new budget authority
    provided in that Act for wildfire suppression
    operations for that fiscal year, but shall not
    exceed--
    ``(I) for fiscal year 2020,
    $2,250,000,000;
    ``(II) for fiscal year 2021,
    $2,350,000,000;
    ``(III) for fiscal year 2022,
    $2,450,000,000;
    ``(IV) for fiscal year 2023,
    $2,550,000,000;
    ``(V) for fiscal year 2024,
    $2,650,000,000;
    ``(VI) for fiscal year 2025,
    $2,750,000,000;
    ``(VII) for fiscal year 2026,
    $2,850,000,000; and
    ``(VIII) for fiscal year 2027,
    $2,950,000,000.
    ``(ii) Definitions.--In this subparagraph:
    ``(I) Additional new budget
    authority.--The term `additional new
    budget authority' means the amount
    provided for a fiscal year in an
    appropriation Act that is in excess of
    the average costs for wildfire
    suppression operations as reported in
    the budget of the President submitted
    under section 1105(a) of title 31,
    United States Code, for fiscal year 2015
    and are specified to pay for the costs
    of wildfire suppression operations in an
    amount not to exceed the amount
    specified for that fiscal year in clause
    (i).
    ``(II) Wildfire suppression
    operations.--The term `wildfire
    suppression operations' means the
    emergency and unpredictable aspects of
    wildland firefighting, including--
    ``(aa) support, response,
    and emergency stabilization
    activities;
    ``(bb) other emergency
    management activities; and
    ``(cc) the funds necessary
    to repay any transfers needed
    for the costs of wildfire
    suppression operations.''.

    (b) <>  The amendment made by paragraph (1)
    of subsection (a) shall begin to apply in fiscal year 2019.

    SEC. 103. <>  REQUEST FOR ADDITIONAL WILDFIRE
    SUPPRESSION FUNDS.

    If the amount provided for wildfire suppression operations for that
    fiscal year will be exhausted within 30 calendar days, the Secretary of
    the Interior or the Secretary of Agriculture (as applicable), in
    consultation with the Director of the Office of Management and Budget,
    shall promptly submit a request to Congress for supplemental
    appropriations.

    [[Page 1061]]

    SEC. 104. <>  REPORTING REQUIREMENTS.

    (a) In General.--Not later than 90 days after the end of the fiscal
    year for which additional new budget authority is used, pursuant to
    section 251(b)(2)(F)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (2 U.S.C. 901(b)(2)(F)(i)), as added by section 102
    of this division, the Secretary of the Interior or the Secretary of
    Agriculture (as applicable), in consultation with the Director of the
    Office of Management and Budget, shall--
    (1) prepare an annual report with respect to the additional
    new budget authority;
    (2) submit to the Committees on Appropriations, the Budget,
    and Natural Resources of the House of Representatives and the
    Committees on Appropriations, the Budget, and Energy and Natural
    Resources of the Senate the annual report prepared under
    paragraph (1); and
    (3) make the report prepared under paragraph (1) available
    to the public.

    (b) Components.--The annual report prepared under subsection (a)(1)
    shall--
    (1) document obligations and outlays of the additional new
    budget authority for wildfire suppression operations;
    (2) identify risk-based factors that influenced management
    decisions with respect to wildfire suppression operations;
    (3) analyze a statistically significant sample of large
    fires, including an analysis for each fire of--
    (A) cost drivers;
    (B) the effectiveness of risk management techniques
    and whether fire operations strategy tracked the risk
    assessment;
    (C) any resulting ecological or other benefits to
    the landscape;
    (D) the impact of investments in wildfire
    suppression operations preparedness;
    (E) effectiveness of wildfire suppression
    operations, including an analysis of resources lost
    versus dollars invested;
    (F) effectiveness of any fuel treatments on fire
    behavior and suppression expenditures;
    (G) levels of exposure experienced by firefighters;
    (H) suggested corrective actions; and
    (I) any other factors the Secretary of the Interior
    or Secretary of Agriculture (as applicable) determines
    to be appropriate;
    (4) include an accounting of overall fire management and
    spending by the Department of the Interior or the Department of
    Agriculture, which shall be analyzed by fire size, cost,
    regional location, and other factors;
    (5) describe any lessons learned in the conduct of wildfire
    suppression operations; and
    (6) include any other elements that the Secretary of the
    Interior or the Secretary of Agriculture (as applicable)
    determines to be necessary.

    [[Page 1062]]

    TITLE II--FOREST MANAGEMENT ACTIVITIES

    SEC. 201. <>  DEFINITIONS.

    In this title:
    (1) National forest system.--The term ``National Forest
    System'' has the meaning given the term in section 11(a) of the
    Forest and Rangeland Renewable Resources Planning Act of 1974
    (16 U.S.C. 1609(a)).
    (2) Public land.--The term ``public land'' has the meaning
    given the term ``public lands'' in section 103 of the Federal
    Land Policy and Management Act of 1976 (43 U.S.C. 1702).
    (3) Secretary concerned.--The term ``Secretary concerned''
    means--
    (A) the Secretary of Agriculture, with respect to
    National Forest System land; and
    (B) the Secretary of the Interior, with respect to
    public land.

    SEC. 202. WILDFIRE RESILIENCE PROJECTS.

    Insert at the end of the Healthy Forests Restoration Act of 2003 (16
    U.S.C. 6511) the following new section:

    ``SEC. 605. <>  WILDFIRE RESILIENCE PROJECTS.

    ``(a) In General.--Hazardous fuels reduction projects, as defined in
    the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(2)) may be--
    ``(1) carried out in accordance with subsections (b), (c),
    and (d) of section 102 and sections 104 and 105;
    ``(2) considered an action categorically excluded from the
    requirements of Public Law 91-190 (42 U.S.C. 4321 et seq.); and
    ``(3) exempt from the special administrative review process
    under section 105.

    ``(b) Collaborative Restoration Project.--
    ``(1) In general.--A project referred to in subsection (a)
    is a project to carry out forest restoration treatments that--
    ``(A) maximizes the retention of old-growth and
    large trees, as appropriate for the forest type, to the
    extent that the trees promote stands that are resilient
    to insects and disease, and reduce the risk or extent
    of, or increase the resilience to, wildfires;
    ``(B) considers the best available scientific
    information to maintain or restore the ecological
    integrity, including maintaining or restoring structure,
    function, composition, and connectivity; and
    ``(C) is developed and implemented through a
    collaborative process that--
    ``(i) includes multiple interested persons
    representing diverse interests; and
    ``(ii)(I) is transparent and nonexclusive; or
    ``(II) meets the requirements for a
    resource advisory committee under
    subsections (c) through (f) of section
    205 of the Secure Rural Schools and
    Community Self-Determination Act of 2000
    (16 U.S.C. 7125).

    [[Page 1063]]

    ``(2) Inclusion.--A project under this subsection may carry
    out part of a proposal that complies with the eligibility
    requirements of the Collaborative Forest Landscape Restoration
    Program under section 4003(b) of the Omnibus Public Land
    Management Act of 2009 (16 U.S.C. 7303(b)).

    ``(c) Limitations.--
    ``(1) Project size.--A project under this section may not
    exceed 3000 acres.
    ``(2) Location.--A project under this section shall be--
    ``(A) Prioritized within the wildland-urban
    interface;
    ``(B) If located outside the wildland-urban
    interface, limited to areas within Condition Classes 2
    or 3 in Fire Regime Groups I, II, or III that contain
    very high wildfire hazard potential; and
    ``(C) Limited to areas designated under section
    602(b) as of the date of enactment of this Act.
    ``(3) Roads.--
    ``(A) Permanent roads.--
    ``(i) Prohibition on establishment.--A project
    under this section shall not include the
    establishment of permanent roads.
    ``(ii) Existing roads.--The Secretary may
    carry out necessary maintenance and repairs on
    existing permanent roads for the purposes of this
    section.
    ``(B) Temporary roads.--The Secretary shall
    decommission any temporary road constructed under a
    project under this section not later than 3 years after
    the date on which the project is completed.
    ``(4) Extraordinary circumstances.--The Secretary shall
    apply the extraordinary circumstances procedures under section
    220.6 of title 36, code of Federal regulations (or successor
    regulations), when using the categorical exclusion under this
    section.

    ``(d) Exclusions.--This section does not apply to--
    ``(1) a component of the National Wilderness Preservation
    System;
    ``(2) any Federal land on which, by Act of Congress or
    Presidential proclamation, the removal of vegetation is
    restricted or prohibited;
    ``(3) a congressionally designated wilderness study area; or
    ``(4) an area in which activities under subsection (a) would
    be inconsistent with the applicable land and resource management
    plan.

    ``(e) Forest Management Plans.--All projects and activities carried
    out under this section shall be consistent with the land and resource
    management plan established under section 6 of the Forest and Rangeland
    Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) for the unit
    of the National Forest System containing the projects and activities.
    ``(f) Public Notice and Scoping.--The Secretary shall conduct public
    notice and scoping for any project or action proposed in accordance with
    this section.
    ``(g) Accountability.--
    ``(1) In general.--The Secretary shall prepare an annual
    report on the use of categorical exclusions under this section

    [[Page 1064]]

    that includes a description of all acres (or other appropriate
    unit) treated through projects carried out under this section.
    ``(2) Submission.--Not later than 1 year after the date of
    enactment of this section, and each year thereafter, the
    Secretary shall submit the reports required under paragraph (1)
    to--
    ``(A) the Committee on Agriculture, Nutrition, and
    Forestry of the Senate;
    ``(B) the Committee on Environment and Public Works
    of the Senate;
    ``(C) the Committee on Agriculture of the House of
    Representatives;
    ``(D) the Committee on Natural Resources of the
    House of Representatives; and
    ``(E) the Government Accountability Office.''.

    SEC. 203. INSTALLATION OF FUEL BREAKS AND FIREBREAKS FOR HAZARDOUS FUEL
    REDUCTION ON FEDERAL LAND.

    Section 101(2) of the Healthy Forests Restoration Act of 2003 (16
    U.S.C. 6511(2)) is amended--
    (1) by striking ``The term'' and inserting the following:
    ``(A) In general.--The term''; and
    (2) by adding at the end the following:
    ``(B) Inclusion.--The term `authorized hazardous
    fuel reduction project' includes, using the measures and
    methods described in subparagraph (A), the installation
    of--
    ``(i) a natural or manmade change in fuel
    characteristics that affects fire behavior such
    that a fire can be more readily controlled
    (commonly known as a `fuel break'); and
    ``(ii) a natural or constructed barrier used
    to stop or check a fire or to provide a control
    line from which to work to stop or check a fire
    (commonly known as a `firebreak').''.

    SEC. 204. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT CONTRACTING
    PROJECTS.

    Section 604 of the Healthy Forests Restoration Act of 2003 (16
    U.S.C. 6591c) is amended--
    (1) by redesignating subsections (h) and (i) as subsections
    (i) and (j), respectively; and
    (2) by inserting after subsection (g) the following:

    ``(h) Cancellation Ceilings.--
    ``(1) In general.--Notwithstanding section 3903(b)(1) of
    title 41, United States Code, the Chief and the Director may
    obligate funds in stages that are economically or
    programmatically viable to cover any potential cancellation or
    termination costs for an agreement or contract under subsection
    (b).
    ``(2) Advance notice to congress of cancellation ceiling in
    excess of $25,000,000.--Not later than 30 days before entering
    into a multiyear agreement or contract under subsection (b) that
    includes a cancellation ceiling in excess of $25,000,000, but
    does not include proposed funding for the costs of cancelling
    the agreement or contract up to that cancellation ceiling, the
    Chief or the Director, as applicable, shall submit to the
    Committee on Energy and Natural Resources

    [[Page 1065]]

    and the Committee on Agriculture, Nutrition, and Forestry of the
    Senate and the Committee on Natural Resources and the Committee
    on Agriculture of the House of Representatives a written notice
    that includes--
    ``(A) a description of the cancellation ceiling
    amounts proposed for each program year in the agreement
    or contract;
    ``(B) the reasons why the cancellation ceiling
    amounts described under subparagraph (A) were selected;
    ``(C) a description of the extent to which the costs
    of contract cancellation are not included in the budget
    for the agreement or contract; and
    ``(D) an assessment of the financial risk of not
    including budgeting for the costs of agreement or
    contract cancellation.
    ``(3) Transmittal of notice to omb.--Not later than 14 days
    after the date on which written notice is provided under
    paragraph (2), the Chief or the Director, as appropriate, shall
    transmit a copy of the notice to the Director of the Office of
    Management and Budget.''.

    SEC. 205. EXCESS OFFSET VALUE.

    Section 604(g)(2) of the Healthy Forests Restoration Act of 2003 (16
    U.S.C. 6591c(g)(2)) is amended by striking subparagraphs (A) and (B) and
    inserting the following:
    ``(A) use the excess to satisfy any outstanding
    liabilities for cancelled agreements or contracts; or
    ``(B) if there are no outstanding liabilities
    described in subparagraph (A), apply the excess to other
    authorized stewardship projects.''.

    SEC. 206. SUBMISSION OF EXISTING ANNUAL REPORT.

    Subsection (j) of section 604 of the Healthy Forests Restoration Act
    of 2003 (16 U.S.C. 6591c) (as redesignated by section 204 of this Act),
    is amended by striking ``report to the Committee on Agriculture,
    Nutrition, and Forestry of the Senate and the Committee on Agriculture
    of the House of Representatives'' and inserting ``submit to the
    congressional committees described in subsection (h)(2) a report''.

    SEC. 207. <>  20-YEAR STEWARDSHIP CONTRACTING.

    (a) In General.--The Secretary of Agriculture and the Secretary of
    the Interior may award contracts or agreements under section 604 of the
    Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511), for terms not
    to exceed 20 years on areas where the majority of Federal lands are in
    Fire Regime Groups I, II, or III.
    (b) Preference.--In awarding a contract under this section, the
    Secretary concerned may, notwithstanding the Federal Acquisition
    Regulations, give a procurement preference to a contractor that would,
    as part of the contract, promote an innovative use of forest products,
    including cross-laminated timber.

    SEC. 208. CONSULTATION UNDER FOREST AND RANGELAND RENEWABLE RESOURCES
    PLANNING ACT OF 1974.

    (a) Consultation Regarding Land Management Plans.--Section 6(d) of
    the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
    U.S.C. 1604(d)) is amended--

    [[Page 1066]]

    (1) by striking ``(d) The Secretary'' and inserting the
    following:

    ``(d) Public Participation and Consultation.--
    ``(1) In general.--The Secretary''; and
    (2) by adding at the end the following:
    ``(2) No additional consultation required after approval of
    land management plans.--
    ``(A) In general.--Except as provided in
    subparagraph (B), notwithstanding any other provision of
    law, the Secretary shall not be required to engage in
    consultation under this section or any other provision
    of law (including section 7 of Public Law 93-205 (16
    U.S.C. 1536) and section 402.16 of title 50, Code of
    Federal Regulations (or a successor regulation)) with
    respect to--
    ``(i) the listing of a species as threatened
    or endangered, or a designation of critical
    habitat pursuant to Public Law 93-205 (16 U.S.C.
    1531 et seq.), if a land management plan has been
    adopted by the Secretary as of the date of listing
    or designation; and
    ``(ii) any provision of a land management plan
    adopted as described in clause (i).
    ``(B) Exception.--Subparagraph (A) shall not apply
    if--
    ``(i) 15 years have passed since the date on
    which the Secretary adopted the land management
    plan described in clause (i) of that subparagraph;
    and
    ``(ii) 5 years have passed since the date of
    enactment of this section or the date of the
    listing of a species as threatened or endangered
    for a species known to occur on the unit or the
    designation of critical habitat within the unit as
    described in clause (i) of that subparagraph,
    whichever is later.
    ``(C) Effect of paragraph.--Nothing in this
    paragraph affects any applicable requirement of the
    Secretary to consult with the head of any other Federal
    department or agency--
    ``(i) regarding any project carried out, or
    proposed to be carried out, to implement a land
    management plan pursuant to Public Law 93-205 (16
    U.S.C. 1531 et seq.), including any requirement to
    consult regarding the consideration of cumulative
    impacts of completed, ongoing, and planned
    projects; or
    ``(ii) with respect to--
    ``(I) the development of a
    modification to a land management plan;
    or
    ``(II) an amendment or revision to a
    land management plan in accordance with
    paragraph (4) or (5) of subsection
    (f).''.

    (b) Definition of Secretary; Conforming Amendments.--
    (1) Definition of secretary.--Section 3(a) of the Forest and
    Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
    1601(a)) is amended, in the first sentence of the matter
    preceding paragraph (1), by inserting ``(referred to in this Act
    as the `Secretary')'' after ``Secretary of Agriculture''.
    (2) Conforming amendments.--The Forest and Rangeland
    Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et
    seq.) <>  is amended,
    in sections 4 through 9, 12, 13, and 15,

    [[Page 1067]]

    by striking ``Secretary of Agriculture'' each place it appears
    and inserting ``Secretary''.

    SEC. 209. <>  OREGON AND CALIFORNIA RAILROAD
    REVESTED LANDS AND COOS BAY WAGON ROAD RECONVEYED LANDS.

    (a) In General.--Notwithstanding any other provision of law, with
    respect to the Oregon and California Railroad grant land revested in the
    United States by the Act of June 9, 1916 (39 Stat. 218, chapter 137),
    and the Coos Bay Wagon Road grant land reconveyed to the United States
    by the first section of the Act of February 26, 1919 (40 Stat. 1179,
    chapter 47), that is managed under the Act of August 28, 1937 (43 U.S.C.
    2601 et seq.), the Secretary of the Interior, acting through the
    Director of the Bureau of Land Management, shall not be required to
    engage in consultation under any law (including section 7 of Public Law
    93-205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal
    Regulations (or a successor regulation)), with respect to--
    (1) the listing of a species as threatened or endangered, or
    a designation of critical habitat, pursuant to Public Law 93-205
    (16 U.S.C. 1531 et seq.), if a land use plan has been adopted by
    the Secretary of the Interior as of the date of listing or
    designation; and
    (2) any provision of a land use plan adopted as described in
    paragraph (1).

    (b) Effect of Section.--Nothing in this section affects any
    applicable requirement of the Secretary of the Interior to consult with
    the head of any other Federal department or agency--
    (1) regarding a project carried out, or proposed to be
    carried out, pursuant to Public Law 93-205 (16 U.S.C. 1531 et
    seq.), including any requirement to consult regarding the
    consideration of the cumulative impacts of completed, ongoing,
    and planned projects; or
    (2) with respect to the development of a new land use plan
    or the revision of or other significant change to an existing
    land use plan.

    SEC. 210. <>  WILDFIRE HAZARD SEVERITY MAPPING
    FOR COMMUNITIES.

    (a) Map Required.--Not later than 2 years after the date of the
    enactment of this section, the Secretary of Agriculture, acting through
    the Chief of the Forest Service, shall--
    (1) develop and publish a geospatial map appropriate for
    community-level use that depicts wildfire hazard severity to
    inform at-risk communities that are--
    (A) adjacent to National Forest System lands; or
    (B) affected by wildland fire, as determined by the
    Secretary; and
    (2) disseminate the information under paragraph (1) in an
    appropriate, web-based format for use by such communities to--
    (A) improve understanding of their risk profile;
    (B) clarify thinking on the nature and effect of
    wildfire risks; and
    (C) develop plans to manage and mitigate those
    risks.

    (b) Purposes of Map.--The purposes of the map required under
    subsection (a) are as follows:
    (1) To inform evaluations of wildfire risk.
    (2) To prioritize fuels management needs.

    [[Page 1068]]

    (3) To depict the relative potential for wildfire that could
    be difficult for suppression resources to contain and that could
    cause ignitions to structures.

    (c) Consultation.--In carrying out subsection (a), the Secretary of
    Agriculture and Chief of the Forest Service shall consult with--
    (1) the Secretary of the Interior;
    (2) the Administrator of the Federal Emergency Management
    Agency;
    (3) other appropriate Federal agencies;
    (4) States;
    (5) relevant colleges, universities, and institutions of
    higher education with relevant expertise; and
    (6) other entities, as appropriate.

    (d) At-risk Community Defined.--The term ``at-risk community'' has
    the meaning given the term in section 101 of the Healthy Forests
    Restoration Act of 2003 (16 U.S.C. 6511).

    SEC. 211. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND
    MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
    DISTRIBUTION FACILITY RIGHTS OF WAY.

    (a) In General.--Title V of the Federal Land Policy and Management
    Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end the
    following:

    ``SEC. 512. <>  VEGETATION MANAGMENT, FACILITY
    INSPECTION, AND OPERATION AND MAINTENANCE RELATING TO
    ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS OF
    WAY.

    ``(a) Definitions.--In this section:
    ``(1) Hazard tree.--The term `hazard tree' means any tree or
    part thereof (whether located inside or outside a right-of-way)
    that has been designated, prior to tree failure, by a certified
    or licensed arborist or forester under the supervision of the
    Secretary concerned or the owner or operator of a transmission
    or distribution facility to be--
    ``(A) dead, likely to die within the routine
    vegetation management cycle, or likely to fail within
    the routine vegetation management cycle; and
    ``(B) if the tree or part of the tree failed, likely
    to--
    ``(i) cause substantial damage or disruption
    to a transmission or distribution facility; or
    ``(ii) come within 10 feet of an electric
    power line.
    ``(2) Owner; operator.--The terms `owner' and `operator'
    include contractors or other agents engaged by the owner or
    operator of an electric transmission or distribution facility.
    ``(3) Plan.--The term `plan' means a vegetation management,
    facility inspection, and operation and maintenance plan that--
    ``(A) is prepared by the owner or operator of 1 or
    more electric transmission or distribution facilities to
    cover 1 or more electric transmission and distribution
    rights-of-way; and
    ``(B) provides for the long-term, cost-effective,
    efficient, and timely management of facilities and
    vegetation within the width of the right-of-way and
    abutting Federal land,

    [[Page 1069]]

    including hazard trees, to enhance electric reliability,
    promote public safety, and avoid fire hazards.
    ``(4) Secretary concerned.--The term `Secretary concerned'
    means--
    ``(A) the Secretary, with respect to public lands;
    and
    ``(B) the Secretary of Agriculture, with respect to
    National Forest System land.

    ``(b) Guidance.--
    ``(1) In general.--To enhance the reliability of the
    electric grid and reduce the threat of wildfire damage to, and
    wildfire caused by vegetation-related conditions within,
    electric transmission and distribution rights-of-way and
    abutting Federal land, including hazard trees, the Secretary
    concerned shall issue and periodically update guidance to ensure
    that provisions are appropriately developed and implemented for
    utility vegetation management, facility inspection, and
    operation and maintenance of rights-of-way, regardless of the
    means by which the rights-of-way are established (including by
    grant, special use authorization, and easement).
    ``(2) Limitation.--The guidance issued under paragraph (1)
    shall be compatible with mandatory reliability standards
    established by the Electric Reliability Organization.
    ``(3) Considerations.--The guidance issued under paragraph
    (1) shall take into account--
    ``(A) all applicable law, including fire safety and
    electric system reliability requirements (including
    reliability standards established by the Electric
    Reliability Organization under section 215 of the
    Federal Power Act (16 U.S.C. 824o)); and
    ``(B) the Memorandum of Understanding on Vegetation
    Management for Powerline Rights-of-Way between the
    Edison Electric Institute, Utility Arborist Association,
    the Department of the Interior, the Department of
    Agriculture, and the Environmental Protection Agency
    signed in 2016.
    ``(4) Requirements.--The guidance issued under paragraph (1)
    shall--
    ``(A) be developed in consultation with the owners
    of transmission and distribution facilities that hold
    rights-of-way;
    ``(B) seek to minimize the need for case-by-case
    approvals for --
    ``(i) routine vegetation management, facility
    inspection, and operation and maintenance
    activities; and
    ``(ii) utility vegetation management
    activities that are necessary to control hazard
    trees; and
    ``(C) provide for prompt and timely review of
    requests to conduct vegetation management activities
    that require approval of the Secretary concerned,
    especially activities requiring expedited or immediate
    action.

    ``(c) Vegetation Management, Facility Inspection, and Operation and
    Maintenance Plans.--
    ``(1) Development and submission.--Consistent with
    subsection (b), the Secretary concerned shall provide owners and
    operators of electric transmission or distribution facilities
    located on public lands and National Forest System land, as
    applicable, with the option to develop and submit a plan.

    [[Page 1070]]

    ``(2) ERO standards.--Owners and operators subject to
    mandatory reliability standards established by the Electric
    Reliability Organization (or superseding standards) may use
    those standards as part of the plan.
    ``(3) Plan requirements.--A plan developed under paragraph
    (1) shall--
    ``(A) identify the applicable transmission or
    distribution facilities to be maintained;
    ``(B) take into account operations and maintenance
    plans for the applicable transmission or distribution
    line;
    ``(C) describe the vegetation management,
    inspection, and operation and maintenance methods that
    may be used to comply with all applicable law, including
    fire safety requirements and reliability standards
    established by the Electric Reliability Organization;
    ``(D) include schedules for--
    ``(i) the applicable owner or operator to
    notify the Secretary concerned about routine and
    major maintenance;
    ``(ii) the applicable owner or operator to
    request approval from the Secretary concerned
    about undertaking routine and major maintenance;
    and
    ``(iii) the Secretary concerned to respond to
    a request by an owner or operator under clause
    (ii); and
    ``(E) describe processes for--
    ``(i) identifying changes in conditions; and
    ``(ii) modifying the approved plan, if
    necessary.
    ``(4) Review and approval process.--
    ``(A) In general.--The Secretary concerned shall
    jointly develop a consolidated and coordinated process
    for the review and approval of plans submitted under
    paragraph (1) that--
    ``(i) includes timelines and benchmarks for--
    ``(I) the submission of agency
    comments on the plans and schedules for
    final decision; and
    ``(II) the timely review of
    modifications of the plans in cases in
    which modifications are necessary;
    ``(ii) is consistent with applicable law; and
    ``(iii) includes a process for modifications
    to a plan in a prompt manner if changed conditions
    necessitate a modification to a plan; and
    ``(iv) ensures, to the maximum extent
    practicable, a prompt review and approval process
    not to exceed 120 days.
    ``(B) Plan modification.--Upon reasonable advance
    notice to an owner or operator of an electric
    transmission or distribution facility of any changed
    conditions that warrant a modification to a plan, the
    Secretary concerned shall--
    ``(i) provide an opportunity for the owner or
    operator to submit a proposed plan modification,
    consistent with the process described under
    subparagraph (A)(iii), to address the changed
    condition identified by the Secretary concerned;

    [[Page 1071]]

    ``(ii) consider the proposed plan modification
    consistent with the process described under
    paragraph (4)(A); and
    ``(iii) allow the owner or operator to
    continue to implement any element of the approved
    plan that does not directly and adversely affect
    the condition precipitating the need for
    modification.
    ``(5) Categories of actions not requiring environmental
    analysis.--With respect to the development and approval of plans
    submitted under paragraph (1), as well as with respect to
    actions carried out under such plans, the Secretary concerned
    shall identify categories of actions for which neither an
    environmental impact statement nor an environmental assessment
    shall be required under section 1508.4 of title 40, Code of
    Federal Regulations (or a successor regulation).

    ``(d) Certain Owners and Operators.--
    ``(1) In general.--The owner or operator of an electric
    transmission or distribution facility that is not subject to the
    mandatory reliability standards established by the Electric
    Reliability Organization or that sold less than or equal to
    1,000,000 megawatt hours of electric energy for purposes other
    than resale during each of the 3 calendar years immediately
    preceding the date of enactment of this section may enter into
    an agreement with the Secretary concerned in lieu of a plan
    under subsection (c).
    ``(2) Minimum requirements.--The Secretary concerned shall
    ensure that the minimum requirements for an agreement under
    paragraph (1)--
    ``(A) reflect the relative financial resources of
    the applicable owner or operator compared to other
    owners or operators of an electric transmission or
    distribution facility;
    ``(B) include schedules as described in subsection
    (c)(3)(D);
    ``(C) are subject to modification requirements as
    described in subsection (c)(4)(B); and
    ``(D) comply with applicable law.

    ``(e) Emergency Conditions.--If vegetation or hazard trees have
    contacted or present an imminent danger of contacting an electric
    transmission or distribution line from within or adjacent to an electric
    transmission or distribution right-of-way, the owner or operator of the
    electric transmission or distribution lines--
    ``(1) may prune or remove the vegetation or hazard tree--
    ``(A) to avoid the disruption of electric service;
    and
    ``(B) to eliminate immediate fire and safety
    hazards; and
    ``(2) shall notify the appropriate local agent of the
    Secretary concerned not later than 1 day after the date of the
    response to emergency conditions.

    ``(f) Activities That Require Approval.--
    ``(1) In general.--Except as provided under paragraph (3),
    the owner or operator of an electric transmission or
    distribution facility may conduct vegetation management
    activities that require approval of the Secretary concerned in
    accordance with a plan approved under subsection (c) or an
    agreement entered into under subsection (d) only with the
    approval of the Secretary concerned.

    [[Page 1072]]

    ``(2) Requirement to respond.--The Secretary concerned shall
    respond to a request for approval to conduct vegetation
    management activities in accordance with the applicable
    schedules in a plan approved under subsection (c) or an
    agreement entered into under subsection (d).
    ``(3) Authorized activities.--The owner or operator of an
    electric transmission or distribution facility may conduct
    vegetation management activities that require approval of the
    Secretary concerned in accordance with a plan approved under
    subsection (c) or an agreement entered into under subsection (d)
    without the approval of the Secretary concerned if--
    ``(A) the owner or operator submitted a request to
    the Secretary concerned in accordance with the
    applicable schedule in a plan approved under subsection
    (c) or an agreement entered into under subsection (d);
    ``(B) the vegetation management activities,
    including the removal of hazard trees, proposed in the
    request under subparagraph (A) are in accordance with a
    plan approved under subsection (c) or an agreement
    entered into under subsection (d); and
    ``(C) the Secretary concerned fails to respond to
    the request under subparagraph (A) in accordance with
    the applicable schedule in a plan approved under
    subsection (c) or an agreement entered into under
    subsection (d).

    ``(g) Liability.--
    ``(1) In general.--The Secretary concerned shall not impose
    strict liability for damages or injury resulting from--
    ``(A) the Secretary concerned unreasonably
    withholding or delaying--
    ``(i) approval of a plan under subsection (c);
    or
    ``(ii) entrance into an agreement under
    subsection (d); or
    ``(B) the Secretary concerned unreasonably failing
    to adhere to an applicable schedule in a plan approved
    under subsection (c) or an agreement entered into under
    subsection (d).
    ``(2) Damages.--For the period ending 10 years after the
    date of the enactment of this subsection, the Secretary
    concerned shall not impose strict liability in an amount greater
    than $500,000 per incident for damages or injury resulting from
    activities conducted by an owner or operator in accordance with
    an approved agreement under subsection (d).
    ``(3) Rule of construction.--Nothing in paragraph (2) shall
    be construed to effect any liability imposed by the Secretary
    concerned under section 251.56(d) of title 36, Code of Federal
    Regulations (as in effect on the date of the enactment of this
    section) and section 2807.12 of title 43, Code of Federal
    Regulations (as in effect on the date of the enactment of this
    section), for activities conducted by an owner or operator in
    accordance with an approved plan under subsection (c).

    ``(h) Reporting Requirement.--
    ``(1) Activities that require approval.--The Secretary
    concerned shall report requests and actions made under
    subsection (f) annually on the website of the Secretary
    concerned.
    ``(2) Liability.--Not later than four years after the date
    of enactment of this subsection, the Secretary concerned shall
    prepare and submit a report to the Committee on Natural

    [[Page 1073]]

    Resources of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate that describes the
    effect on the Treasury of the strict liability limitation
    established by subsection (g)(2).

    ``(i) Training and Guidance.--In consultation with the electric
    utility industry, the Secretary concerned is encouraged to develop a
    program to train personnel of the Department of the Interior and the
    Forest Service involved in vegetation management decisions relating to
    electric transmission and distribution facilities to ensure that the
    personnel--
    ``(1) understand electric system reliability requirements as
    the requirements relate to vegetation management of transmission
    and distribution rights-of-way on Federal land, including
    reliability standards established by the Electric Reliability
    Organization and fire safety requirements;
    ``(2) assist owners and operators of electric transmission
    and distribution facilities in complying with applicable
    electric reliability and fire safety requirements;
    ``(3) encourage and assist willing owners and operators of
    electric transmission and distribution facilities to incorporate
    on a voluntary basis vegetation management practices to enhance
    habitats and forage for pollinators and for other wildlife if
    the practices are compatible with the integrated vegetation
    management practices necessary for reliability and safety; and
    ``(4) understand how existing and emerging unmanned
    technologies can help electric utilities, the Federal
    Government, State and local governments, and private
    landowners--
    ``(A) to more efficiently identify vegetation
    management needs;
    ``(B) to reduce the risk of wildfires; and
    ``(C) to lower ratepayer energy costs.

    ``(j) Implementation.--The Secretary concerned shall--
    ``(1) not later than 1 year after the date of enactment of
    this section, propose regulations, or amend existing
    regulations, to implement this section; and
    ``(2) not later than 2 years after the date of enactment of
    this section, finalize regulations, or amend existing
    regulations, to implement this section.

    ``(k) Existing Vegetation Management, Facility Inspection, and
    Operation and Maintenance Plans.--Nothing in this section requires an
    owner or operator to develop and submit a new plan under this section if
    a plan consistent with this section has already been approved by the
    Secretary concerned before the date of enactment of this section.''.
    (b) Clerical Amendment.--The table of sections for the Federal Land
    Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.), is amended
    by inserting after the item relating to section 511 the following new
    item:

    ``Sec. 512. Vegetation management, facility inspection, and operation
    and maintenance relating to electric transmission and
    distribution facility rights-of-way.''.

    SEC. 212. GOOD NEIGHBOR AUTHORITY IMPROVEMENT.

    Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a))
    is amended--

    [[Page 1074]]

    (1) in paragraph (3)(B)(i), by striking ``areas; or'' and
    inserting the following: ``areas, other than the reconstruction,
    repair, or restoration of a National Forest System road that
    is--
    ``(I) necessary to carry out
    authorized restoration services pursuant
    to a good neighbor agreement; and
    ``(II) in the case of a National
    Forest System road that is determined to
    be unneeded in accordance with section
    212.5(b)(2) of title 36, Code of Federal
    Regulations (as in effect on the date of
    enactment of the Good Neighbor Authority
    Improvement Act), decommissioned in
    accordance with subparagraph (A)(iii)--
    ``(aa) in a manner that is
    consistent with the applicable
    travel management plan; and
    ``(bb) not later than 3
    years after the date on which
    the applicable authorized
    restoration services project is
    completed; or'';
    (2) by redesignating paragraphs (6) and (7) as paragraphs
    (7) and (8), respectively; and
    (3) by inserting after paragraph (5) the following:
    ``(6) National forest system road.--The term `National
    Forest System road' has the meaning given the term in section
    212.1 of title 36, Code of Federal Regulations (as in effect on
    the date of enactment of the Good Neighbor Authority Improvement
    Act).''.

    TITLE III--FEDERAL <>  LAND TRANSACTION FACILITATION
    REAUTHORIZATION

    SEC. 301. <>  SHORT TITLE.

    This title may be cited as the ``Federal Land Transaction
    Facilitation Act Reauthorization of 2018''.

    SEC. 302. FEDERAL LAND TRANSACTION FACILITATION ACT.

    The Federal Land Transaction Facilitation Act is amended--
    (1) in section 203(1) (43 U.S.C. 2302(1)), by striking
    ``cultural, or'' and inserting ``cultural, recreational access
    and use, or other'';
    (2) in section 203(2) (43 U.S.C. 2302(2))--
    (A) in the matter preceding subparagraph (A), by
    striking ``on the date of enactment of this Act was''
    and inserting ``is'';
    (B) by amending subparagraph (A) to read as follows:
    ``(A) a national monument, area of critical
    environmental concern, national conservation area,
    national riparian conservation area, national recreation
    area, national scenic area, research natural area,
    national outstanding natural area, priority species and
    habitats designated in a land use plan in accordance
    with subpart E (entitled ``Fish and Wildlife'') of part
    I of Appendix C

    [[Page 1075]]

    of Bureau of Land Management Land Use Planning Handbook
    H-1601-1 (Rel 1-1693), a special recreation management
    area, or a national natural landmark managed by the
    Bureau of Land Management;''; and
    (C) by amending subparagraph (D) to read as follows:
    ``(D) a National Forest or National Grassland in the
    National Forest System; or'';
    (3) in section 203 (43 U.S.C. 2302), by inserting the
    following paragraph after section 203(2) (and redesignating the
    following paragraphs accordingly):
    ``(3) Inaccessible lands that are open to public hunting,
    fishing, recreational shooting, or other recreational
    purposes.--The term `inaccessible lands that are open to public
    hunting, fishing, recreational shooting, or other recreational
    purposes' means public lands in Alaska and the eleven contiguous
    Western States (as defined in section 103 of the Federal Land
    Policy and Management Act of 1976 (43 U.S.C. 1702)) consisting
    of at least 640 contiguous acres on which the public is allowed
    under Federal or State law to hunt, fish, target shoot or use
    the land for other recreational purposes but--
    ``(A) to which there is no public access or egress;
    or
    ``(B) to which public access or egress to the land
    is significantly restricted, as determined by the
    Secretary.''; and
    (4) in section 205 (43 U.S.C. 2304)--
    (A) in subsection (a), by striking ``section 206''
    and all that follows through the period and inserting
    the following: ``section 206--
    ``(1) to complete appraisals and satisfy other legal
    requirements for the sale or exchange of public land identified
    for disposal under approved land use plans under section 202 of
    the Federal Land Policy and Management Act of 1976 (43 U.S.C.
    1712);
    ``(2) not later than 180 days after the date of the
    enactment of the Federal Land Transaction Facilitation Act
    Reauthorization of 2018, to establish and make available to the
    public, on the website of the Department of the Interior, a
    database containing a comprehensive list of all the land
    referred to in paragraph (1); and
    ``(3) to maintain the database referred to in paragraph
    (2).''; and
    (B) by striking subsection (d);
    (5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))--
    (A) in subparagraph(A)(i), by striking ``inholdings;
    and'' and inserting ``inholdings;'';
    (B) in subparagraph (A)(ii), by striking
    ``exceptional resources.'' and inserting ``exceptional
    resources; or'';
    (C) in subparagraph (A), by inserting after clause
    (ii), ``(iii) adjacent to inaccessible lands open to
    public hunting, fishing, recreational shooting, or other
    recreational purposes.''; and
    (D) by adding at the end the following:
    ``(E) Any funds made available under subparagraph
    (D) that are not obligated or expended by the end of the
    fourth full fiscal year after the date of the sale or
    exchange

    [[Page 1076]]

    of land that generated the funds may be expended in any
    State.'';
    (6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))--
    (A) by inserting after subparagraph (A) the
    following:
    ``(B) the extent to which the acquisition of the
    land or interest therein will increase the public
    availability of resources for, and facilitate public
    access to, hunting, fishing, and other recreational
    activities;''; and
    (B) by redesignating subparagraphs (B) and (C) as
    subparagraphs (C) and (D);
    (7) by striking section 206(f) (43 U.S.C. 2305(f)); and
    (8) in section 207(b) (43 U.S.C. 2306(b))--
    (A) in paragraph (1)--
    (i) by striking ``96-568'' and inserting ``96-
    586''; and
    (ii) by striking ``; or'' and inserting a
    semicolon;
    (B) in paragraph (2)--
    (i) by inserting ``Public Law 105-263;''
    before ``112 Stat.''; and
    (ii) by striking the period at the end and
    inserting a semicolon; and
    (C) by adding at the end the following:
    ``(3) the White Pine County Conservation, Recreation, and
    Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
    ``(4) the Lincoln County Conservation, Recreation, and
    Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
    ``(5) subtitle F of title I of the Omnibus Public Land
    Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-11);
    ``(6) subtitle O of title I of the Omnibus Public Land
    Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public
    Law 111-11);
    ``(7) section 2601 of the Omnibus Public Land Management Act
    of 2009 (Public Law 111-11; 123 Stat. 1108); or
    ``(8) section 2606 of the Omnibus Public Land Management Act
    of 2009 (Public Law 111-11; 123 Stat. 1121).''.

    TITLE IV--EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
    DETERMINATION ACT OF 2000

    SEC. 401. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
    DETERMINATION ACT OF 2000.

    (a) Secure Payments for States and Counties Containing Federal
    Land.--
    (1) Full funding amount.--Section 3(11) of the Secure Rural
    Schools and Community Self-Determination Act (16 U.S.C.
    7102(11)) is amended--
    (A) in subparagraph (B), by striking ``and'';
    (B) in subparagraph (C)--
    (i) by striking ``and each fiscal year
    thereafter'' and inserting ``through fiscal year
    2015''; and
    (ii) by striking the period and inserting a
    semi-colon; and
    (C) by adding at the end the following:

    [[Page 1077]]

    ``(D) for fiscal year 2017, the amount that is equal
    to 95 percent of the full funding amount for fiscal year
    2015; and
    ``(E) for fiscal year 2018 and each fiscal year
    thereafter, the amount that is equal to 95 percent of
    the full funding amount for the preceding fiscal
    year.''.
    (2) Secure payments.--
    (A) In general.--Section 101 of the Secure Rural
    Schools and Community Self-Determination Act of 2000 (16
    U.S.C. 7111) is amended, in subsections (a) and (b), by
    striking ``2015'' each place it appears and inserting
    ``2015, 2017, and 2018''.
    (B) Special rule for fiscal year 2017 payments.--
    Section 101 of the Secure Rural Schools and Community
    Self-Determination Act of 2000 (16 U.S.C. 7111) is
    amended by adding at the end the following:

    ``(d) Special Rule for Fiscal Year 2017 Payments.--
    ``(1) State payment.--If an eligible county in a State that
    will receive a share of the State payment for fiscal year 2017
    has already received, or will receive, a share of the 25-percent
    payment for fiscal year 2017 distributed to the State before the
    date of enactment of this subsection, the amount of the State
    payment shall be reduced by the amount of the share of the
    eligible county of the 25-percent payment.
    ``(2) County payment.--If an eligible county that will
    receive a county payment for fiscal year 2017 has already
    received a 50-percent payment for fiscal year 2017, the amount
    of the county payment shall be reduced by the amount of the 50-
    percent payment.
    ``(3) Prompt payment.--Not later than 45 days after the date
    of enactment of this subsection, the Secretary of the Treasury
    shall make all payments under this title for fiscal year
    2017.''.
    (3) Payments to states and counties.--
    (A) Election to receive payment amount.--Section
    102(b) of the Secure Rural Schools and Community Self-
    Determination Act of 2000 (16 U.S.C. 7112(b)) is
    amended--
    (i) in paragraph (1), by adding after
    subparagraph (C) the following:
    ``(D) Payments for fiscal years 2017 and 2018.--The
    election otherwise required by subparagraph (A) shall
    not apply for fiscal years 2017 or 2018.''; and
    (ii) in paragraph (2)--
    (I) in subparagraph (A), by
    inserting ``and for fiscal years 2017
    and 2018'' after ``2015''; and
    (II) in subparagraph (B), by
    inserting ``and for fiscal years 2017
    and 2018'' after ``2015''.
    (B) Expenditure rules for eligible counties.--
    Section 102(d) of the Secure Rural Schools and Community
    Self-Determination Act of 2000 (16 U.S.C. 7112(d)) is
    amended--
    (i) in paragraph (1), by adding after
    subparagraph (E) the following:
    ``(F) Payments for fiscal years 2017 and 2018.--The
    election made by an eligible county under subparagraph
    (B), (C), or (D) for fiscal year 2013, or deemed to be
    made

    [[Page 1078]]

    by the county under paragraph (3)(B) for that fiscal
    year, shall be effective for fiscal years 2017 and
    2018.''; and
    (ii) in paragraph (3)--
    (I) in subparagraph (B)(ii), by
    striking ``purpose described in section
    202(b)'' and inserting ``purposes
    described in section 202(b), section
    203(c), or section 204(a)(5)''; and
    (II) by adding after subparagraph
    (C) the following:
    ``(D) Payments for fiscal years 2017 and 2018.--This
    paragraph does not apply for fiscal years 2017 and
    2018.''.
    (C) Elections as to allocation of balance.--Section
    102(d)(1) of the Secure Rural Schools and Community
    Self-Determination Act of 2000 (16 U.S.C. 7112(d)(1)) is
    amended--
    (i) in subparagraph (B)(ii), by striking ``not
    more than 7 percent of the total share for the
    eligible county of the State payment or the county
    payment'' and inserting ``any portion of the
    balance''; and
    (ii) by striking subparagraph (C) and
    inserting the following:
    ``(C) Counties with major distributions.--In the
    case of each eligible county to which $350,000 or more
    is distributed for any fiscal year pursuant to paragraph
    (1)(B) or (2)(B) of subsection (a), the eligible county
    shall elect to do 1 or more of the following with the
    balance of any funds not expended pursuant to
    subparagraph (A):
    ``(i) Reserve any portion of the balance for
    projects in accordance with title II.
    ``(ii) Reserve not more than 7 percent of the
    total share for the eligible county of the State
    payment or the county payment for projects in
    accordance with title III.
    ``(iii) Return the portion of the balance not
    reserved under clauses (i) and (ii) to the
    Treasury of the United States.''.
    (D) Treatment as supplemental funding.--Section 102
    of the Secure Rural Schools and Community Self-
    Determination Act of 2000 (16 U.S.C. 7112) is amended by
    adding at the end the following:

    ``(f) Treatment as Supplemental Funding.--
    ``(1) In general.--None of the funds made available to an
    eligible county under this Act may be used in lieu of, or to
    otherwise offset, a State funding source for a local school,
    facility, or educational purpose.
    ``(2) Continuation of direct payments.--Payments to States
    made under the Secure Rural Schools and Community Self-
    Determination Act of 2000 (16 U.S.C. 7101 et seq.) and 25-
    percent payments made to States and Territories under the Acts
    of May 23, 1908, and March 1, 1911 (16 U.S.C. 500), shall
    continue to be made as direct payments and not as Federal
    financial assistance.''.
    (E) Distribution of payments to eligible counties.--
    Section 103(d)(2) of the Secure Rural Schools and
    Community Self-Determination Act of 2000 (16 U.S.C.
    7113(d)(2)) is amended by striking ``2015'' and
    inserting ``and for fiscal years 2017 and 2018''.

    [[Page 1079]]

    (b) Continuation of Authority to Conduct Special Projects on Federal
    Land.--
    (1) Repeal of contracting pilot program.--Section 204(e) of
    the Secure Rural Schools and Community Self-Determination Act of
    2000 (16 U.S.C. 7124(e)) is amended by striking paragraph (3).
    (2) Resource advisory committees.--Section 205(a)(4) of the
    Secure Rural Schools and Community Self-Determination Act of
    2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' each
    place it appears and inserting ``2018''.
    (3) Availability of project funds.--Section 207(d)(2) of the
    Secure Rural Schools and Community Self-Determination Act of
    2000 (16 U.S.C. 7127(d)(2)) is amended by striking
    ``subparagraph (B)'' and inserting ``subparagraph (B)(i),
    (B)(ii),''.
    (4) Termination of authority.--Section 208 of the Secure
    Rural Schools and Community Self-Determination Act of 2000 (16
    U.S.C. 7128) is amended--
    (A) in subsection (a), by striking ``2017'' and
    inserting ``2020''; and
    (B) in subsection (b), by striking ``2018'' and
    inserting ``2021''.

    (c) Termination of Authority.--Section 304 of the Secure Rural
    Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7144) is
    amended--
    (1) in subsection (a), by striking ``2017'' and inserting
    ``2020''; and
    (2) in subsection (b), by striking ``2018'' and inserting
    ``2021''.

    SEC. 402. ADDITIONAL AUTHORIZED USE OF RESERVED FUNDS FOR TITLE III
    COUNTY PROJECTS.

    Section 302(a) of the Secure Rural Schools and Community Self-
    Determination Act of 2000 (16 U.S.C. 7142(a)) is amended--
    (1) in paragraph (2)--
    (A) by inserting ``and law enforcement patrols''
    after ``including firefighting''; and
    (B) by striking ``and'' at the end;
    (2) in paragraph (3), by inserting ``and carry out'' after
    ``develop'';
    (3) by redesignating paragraph (3) as paragraph (4); and
    (4) by inserting after paragraph (2) the following new
    paragraph (3):
    ``(3) to cover training costs and equipment purchases
    directly related to the emergency services described in
    paragraph (2); and''.

    TITLE V--STRATEGIC PETROLEUM RESERVE DRAWDOWN

    SEC. 501. <>  STRATEGIC PETROLEUM RESERVE
    DRAWDOWN.

    (a) Drawdown and Sale.--
    (1) In general.--Notwithstanding section 161 of the Energy
    Policy and Conservation Act (42 U.S.C. 6241), except as provided
    in subsection (b), the Secretary of Energy shall draw down and
    sell 10,000,000 barrels of crude oil from the

    [[Page 1080]]

    Strategic Petroleum Reserve during the period of fiscal years
    2020 through 2021.
    (2) Deposit of amounts received from sale.--Amounts received
    from a sale under paragraph (1) shall be deposited in the
    general fund of the Treasury during the fiscal year in which the
    sale occurs.

    (b) Emergency Protection.--The Secretary of Energy may not draw down
    and sell crude oil under this section in quantities that would limit the
    authority to sell petroleum products under subsection (h) of section 161
    of the Energy Policy and Conservation Act (42 U.S.C. 6241) in the full
    quantity authorized by that subsection.
    (c) Strategic Petroleum Drawdown Limitations.--Section 161(h)(2) of
    the Energy Policy and Conservation Act (42 U.S.C. 6241(h)(2)) is amended
    by striking ``350,000,000'' each place it appears and inserting
    ``340,000,000''.

    DIVISION P--RAY <>  BAUM'S ACT OF 2018

    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This division may be cited as the ``Repack
    Airwaves Yielding Better Access for Users of Modern Services Act of
    2018'' or the ``RAY BAUM'S Act of 2018''.
    (b) Table of Contents.--The table of contents for this division is
    as follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Commission defined.

    TITLE I--FCC REAUTHORIZATION

    Sec. 101. Authorization of appropriations.
    Sec. 102. Application and regulatory fees.
    Sec. 103. Effective date.

    TITLE II--APPLICATION OF ANTIDEFICIENCY ACT

    Sec. 201. Application of Antideficiency Act to Universal Service
    Program.

    TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS

    Sec. 301. Study on network resiliency.
    Sec. 302. Access to essential service providers during federally
    declared emergencies.
    Sec. 303. Definitions.

    TITLE IV--FCC CONSOLIDATED REPORTING

    Sec. 401. Communications marketplace report.
    Sec. 402. Consolidation of redundant reports; conforming amendments.
    Sec. 403. Effect on authority.
    Sec. 404. Other reports.

    TITLE V--ADDITIONAL PROVISIONS

    Sec. 501. Independent Inspector General for FCC.
    Sec. 502. Authority of Chief Information Officer.
    Sec. 503. Spoofing prevention.
    Sec. 504. Report on promoting broadband Internet access service for
    veterans.
    Sec. 505. Methodology for collection of mobile service coverage data.
    Sec. 506. Accuracy of dispatchable location for 9-1-1 calls.
    Sec. 507. NTIA study on interagency process following cybersecurity
    incidents.
    Sec. 508. Tribal digital access.
    Sec. 509. Terms of office and vacancies.
    Sec. 510. Joint board recommendation.
    Sec. 511. Disclaimer for press releases regarding notices of apparent
    liability.
    Sec. 512. Reports related to spectrum auctions.

    [[Page 1081]]

    TITLE VI--MOBILE NOW

    Sec. 601. Short title.
    Sec. 602. Definitions.
    Sec. 603. Identifying 255 megahertz.
    Sec. 604. Millimeter wave spectrum.
    Sec. 605. 3 gigahertz spectrum.
    Sec. 606. Communications facilities deployment on Federal property.
    Sec. 607. Broadband infrastructure deployment.
    Sec. 608. Communications facilities installation.
    Sec. 609. Reallocation incentives.
    Sec. 610. Bidirectional sharing study.
    Sec. 611. Unlicensed services in guard bands.
    Sec. 612. Pre-auction funding.
    Sec. 613. Immediate transfer of funds.
    Sec. 614. Amendments to the Spectrum Pipeline Act of 2015.
    Sec. 615. GAO assessment of unlicensed spectrum and Wi-Fi use in low-
    income neighborhoods.
    Sec. 616. Rulemaking related to partitioning or disaggregating licenses.
    Sec. 617. Unlicensed spectrum policy.
    Sec. 618. National plan for unlicensed spectrum.
    Sec. 619. Spectrum challenge prize.
    Sec. 620. Wireless telecommunications tax and fee collection fairness.
    Sec. 621. Rules of construction.
    Sec. 622. Relationship to Middle Class Tax Relief and Job Creation Act
    of 2012.
    Sec. 623. No additional funds authorized.

    SEC. 2. <>  COMMISSION DEFINED.

    In this division, the term ``Commission'' means the Federal
    Communications Commission.

    TITLE I--FCC REAUTHORIZATION

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 6 of the Communications Act of 1934 (47
    U.S.C. 156) is amended to read as follows:

    ``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--There are authorized to be appropriated to the
    Commission to carry out the functions of the Commission $333,118,000 for
    fiscal year 2019 and $339,610,000 for fiscal year 2020.
    ``(b) Offsetting Collections.--The sum appropriated in any fiscal
    year to carry out the activities described in subsection (a), to the
    extent and in the amounts provided for in Appropriations Acts, shall be
    derived from fees authorized by section 9.''.
    (b) Deposits of Bidders To Be Deposited in Treasury.--Section
    309(j)(8)(C) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(C))
    is amended--
    (1) in the first sentence, by striking ``an interest bearing
    account'' and all that follows and inserting ``the Treasury.'';
    (2) in clause (i)--
    (A) by striking ``paid to the Treasury'' and
    inserting ``deposited in the general fund of the
    Treasury (where such deposits shall be used for the sole
    purpose of deficit reduction)''; and
    (B) by striking the semicolon and inserting ``;
    and'';
    (3) in clause (ii), by striking ``; and'' and inserting ``,
    and payments representing the return of such deposits shall not
    be subject to administrative offset under section 3716(c) of
    title 31, United States Code.''; and
    (4) by striking clause (iii).

    [[Page 1082]]

    (c) Elimination of Duplicative Authorization of Appropriations.--
    (1) In general.--Section 710 of the Telecommunications Act
    of 1996 (Public Law 104-104) <>  is
    repealed.
    (2) Conforming amendment.--The table of contents in section
    2 of such Act is amended by striking the item relating to
    section 710.

    (d) Transfer of Funds.--On the effective date described in section
    103 of this title, any amounts in the account providing appropriations
    to carry out the functions of the Commission that were collected in
    excess of the amounts provided for in Appropriations Acts in any fiscal
    year prior to such date shall be transferred to the general fund of the
    Treasury of the United States for the sole purpose of deficit reduction.

    SEC. 102. APPLICATION AND REGULATORY FEES.

    (a) Application Fees.--Section 8 of the Communications Act of 1934
    (47 U.S.C. 158) is amended to read as follows:

    ``SEC. 8. APPLICATION FEES.

    ``(a) General Authority; Establishment of Schedule.--The Commission
    shall assess and collect application fees at such rates as the
    Commission shall establish in a schedule of application fees to recover
    the costs of the Commission to process applications.
    ``(b) Adjustment of Schedule.--
    ``(1) In general.--In every even-numbered year, the
    Commission shall review the schedule of application fees
    established under this section and, except as provided in
    paragraph (2), set a new amount for each fee in the schedule
    that is equal to the amount of the fee on the date when the fee
    was established or the date when the fee was last amended under
    subsection (c), whichever is later--
    ``(A) increased or decreased by the percentage
    change in the Consumer Price Index during the period
    beginning on such date and ending on the date of the
    review; and
    ``(B) rounded to the nearest $5 increment.
    ``(2) Threshold for adjustment.--The Commission may not
    adjust a fee under paragraph (1) if--
    ``(A) in the case of a fee the current amount of
    which is less than $200, the adjustment would result in
    a change in the current amount of less than $10; or
    ``(B) in the case of a fee the current amount of
    which is $200 or more, the adjustment would result in a
    change in the current amount of less than 5 percent.
    ``(3) Current amount defined.--In paragraph (2), the term
    `current amount' means, with respect to a fee, the amount of the
    fee on the date when the fee was established, the date when the
    fee was last adjusted under paragraph (1), or the date when the
    fee was last amended under subsection (c), whichever is latest.

    ``(c) Amendments to Schedule.--In addition to the adjustments
    required by subsection (b), the Commission shall by rule amend the
    schedule of application fees established under this section if the
    Commission determines that the schedule requires amendment--
    ``(1) so that such fees reflect increases or decreases in
    the costs of processing applications at the Commission; or

    [[Page 1083]]

    ``(2) so that such schedule reflects the consolidation or
    addition of new categories of applications.

    ``(d) Exceptions.--
    ``(1) Parties to which fees are not applicable.--The
    application fees established under this section shall not be
    applicable to--
    ``(A) a governmental entity;
    ``(B) a nonprofit entity licensed in the Local
    Government, Police, Fire, Highway Maintenance, Forestry-
    Conservation, Public Safety, or Special Emergency Radio
    radio services; or
    ``(C) a noncommercial radio station or noncommercial
    television station.
    ``(2) Cost of collection.--If, in the judgment of the
    Commission, the cost of collecting an application fee
    established under this section would exceed the amount
    collected, the Commission may by rule eliminate such fee.

    ``(e) Deposit of Collections.--Moneys received from application fees
    established under this section shall be deposited in the general fund of
    the Treasury.''.
    (b) Regulatory Fees.--Section 9 of the Communications Act of 1934
    (47 U.S.C. 159) is amended to read as follows:

    ``SEC. 9. REGULATORY FEES.

    ``(a) General Authority.--The Commission shall assess and collect
    regulatory fees to recover the costs of carrying out the activities
    described in section 6(a) only to the extent, and in the total amounts,
    provided for in Appropriations Acts.
    ``(b) Establishment of Schedule.--The Commission shall assess and
    collect regulatory fees at such rates as the Commission shall establish
    in a schedule of regulatory fees that will result in the collection, in
    each fiscal year, of an amount that can reasonably be expected to equal
    the amounts described in subsection (a) with respect to such fiscal
    year.
    ``(c) Adjustment of Schedule.--
    ``(1) In general.--For each fiscal year, the Commission
    shall by rule adjust the schedule of regulatory fees established
    under this section to--
    ``(A) reflect unexpected increases or decreases in
    the number of units subject to the payment of such fees;
    and
    ``(B) result in the collection of the amount
    required by subsection (b).
    ``(2) Rounding.--In making adjustments under this
    subsection, the Commission may round fees to the nearest $5
    increment.

    ``(d) Amendments to Schedule.--In addition to the adjustments
    required by subsection (c), the Commission shall by rule amend the
    schedule of regulatory fees established under this section if the
    Commission determines that the schedule requires amendment so that such
    fees reflect the full-time equivalent number of employees within the
    bureaus and offices of the Commission, adjusted to take into account
    factors that are reasonably related to the benefits provided to the
    payor of the fee by the Commission's activities. In making an amendment
    under this subsection, the Commission may not change the total amount of
    regulatory fees required by subsection (b) to be collected in a fiscal
    year.
    ``(e) Exceptions.--

    [[Page 1084]]

    ``(1) Parties to which fees are not applicable.--The
    regulatory fees established under this section shall not be
    applicable to--
    ``(A) a governmental entity or nonprofit entity;
    ``(B) an amateur radio operator licensee under part
    97 of the Commission's rules (47 CFR part 97); or
    ``(C) a noncommercial radio station or noncommercial
    television station.
    ``(2) Cost of collection.--If, in the judgment of the
    Commission, the cost of collecting a regulatory fee established
    under this section from a party would exceed the amount
    collected from such party, the Commission may exempt such party
    from paying such fee.

    ``(f) Deposit of Collections.--
    ``(1) In general.--Amounts received from fees authorized by
    this section shall be deposited as an offsetting collection in,
    and credited to, the account through which funds are made
    available to carry out the activities described in section 6(a).
    ``(2) Deposit of excess collections.--Any regulatory fees
    collected in excess of the total amount of fees provided for in
    Appropriations Acts for a fiscal year shall be deposited in the
    general fund of the Treasury of the United States for the sole
    purpose of deficit reduction.''.

    (c) Provisions Applicable to Application and Regulatory Fees.--Title
    I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended
    by inserting after section 9 the following:

    ``SEC. 9A. <>  PROVISIONS APPLICABLE TO APPLICATION
    AND REGULATORY FEES.

    ``(a) Judicial Review Prohibited.--Any adjustment or amendment to a
    schedule of fees under subsection (b) or (c) of section 8 or subsection
    (c) or (d) of section 9 is not subject to judicial review.
    ``(b) Notice to Congress.--The Commission shall transmit to Congress
    notification--
    ``(1) of any adjustment under section 8(b) or 9(c)
    immediately upon the adoption of such adjustment; and
    ``(2) of any amendment under section 8(c) or 9(d) not later
    than 90 days before the effective date of such amendment.

    ``(c) Enforcement.--
    ``(1) Penalties for late payment.--The Commission shall by
    rule prescribe an additional penalty for late payment of fees
    under section 8 or 9. Such additional penalty shall be 25
    percent of the amount of the fee that was not paid in a timely
    manner.
    ``(2) Interest on unpaid fees and penalties.--The Commission
    shall charge interest, at a rate determined under section 3717
    of title 31, United States Code, on a fee under section 8 or 9
    or an additional penalty under this subsection that is not paid
    in a timely manner. Such section 3717 shall not otherwise apply
    with respect to such a fee or penalty.
    ``(3) Dismissal of applications or filings.--The Commission
    may dismiss any application or other filing for failure to pay
    in a timely manner any fee under section 8 or 9 or any interest
    or additional penalty under this subsection.
    ``(4) Revocations.--

    [[Page 1085]]

    ``(A) In general.--In addition to or in lieu of the
    penalties and dismissals authorized by this subsection,
    the Commission may revoke any instrument of
    authorization held by any licensee that has not paid in
    a timely manner a regulatory fee assessed under section
    9 or any related interest or penalty.
    ``(B) Notice.--Revocation action may be taken by the
    Commission under this paragraph after notice of the
    Commission's intent to take such action is sent to the
    licensee by registered mail, return receipt requested,
    at the licensee's last known address. The notice shall
    provide the licensee at least 30 days to either pay the
    fee, interest, and any penalty or show cause why the
    fee, interest, or penalty does not apply to the licensee
    or should otherwise be waived or payment deferred.
    ``(C) Hearing.--
    ``(i) Generally not required.--A hearing is
    not required under this paragraph unless the
    licensee's response presents a substantial and
    material question of fact.
    ``(ii) Evidence and burdens.--In any case
    where a hearing is conducted under this paragraph,
    the hearing shall be based on written evidence
    only, and the burden of proceeding with the
    introduction of evidence and the burden of proof
    shall be on the licensee.
    ``(iii) Costs.--Unless the licensee
    substantially prevails in the hearing, the
    Commission may assess the licensee for the costs
    of such hearing.
    ``(D) Opportunity to pay prior to revocation.--Any
    Commission order adopted under this paragraph shall
    determine the amount due, if any, and provide the
    licensee with at least 30 days to pay that amount or
    have its authorization revoked.
    ``(E) Finality.--No order of revocation under this
    paragraph shall become final until the licensee has
    exhausted its right to judicial review of such order
    under section 402(b)(5).

    ``(d) Waiver, Reduction, and Deferment.--The Commission may waive,
    reduce, or defer payment of a fee under section 8 or 9 or an interest
    charge or penalty under this section in any specific instance for good
    cause shown, where such action would promote the public interest.
    ``(e) Payment Rules.--The Commission shall by rule permit payment--
    ``(1) in the case of fees under section 8 or 9 in large
    amounts, by installments; and
    ``(2) in the case of fees under section 8 or 9 in small
    amounts, in advance for a number of years not to exceed the term
    of the license held by the payor.

    ``(f) Accounting System.--The Commission shall develop accounting
    systems necessary to make the amendments authorized by sections 8(c) and
    9(d).''.
    (d) Transitional Rules.--
    (1) <>  Application fees.--An
    application fee established under section 8 of the
    Communications Act of 1934, as such section is in effect on the
    day before the effective date described in section 103 of this
    title, shall remain in effect under section

    [[Page 1086]]

    8 of the Communications Act of 1934, as amended by subsection
    (a) of this section, until such time as the Commission adjusts
    or amends such fee under subsection (b) or (c) of such section
    8, as so amended.
    (2) <>  Regulatory fees.--A
    regulatory fee established under section 9 of the Communications
    Act of 1934, as such section is in effect on the day before the
    effective date described in section 103 of this title, shall
    remain in effect under section 9 of the Communications Act of
    1934, as amended by subsection (b) of this section, until such
    time as the Commission adjusts or amends such fee under
    subsection (c) or (d) of such section 9, as so amended.

    (e) Rulemaking To Amend Schedule of Regulatory Fees.--
    (1) <>  In general.--Not later than
    1 year after the effective date described in section 103 of this
    title, the Commission shall complete a rulemaking proceeding
    under subsection (d) of section 9 of the Communications Act of
    1934, as amended by subsection (b) of this section.
    (2) Report to congress.--If the Commission has not completed
    the rulemaking proceeding required by paragraph (1) by the date
    that is 6 months after the effective date described in section
    103 of this title, the Commission shall submit to Congress a
    report on the progress of such rulemaking proceeding.

    SEC. 103. <>  EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect
    on October 1, 2018.

    TITLE II--APPLICATION OF ANTIDEFICIENCY ACT

    SEC. 201. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL SERVICE
    PROGRAM.

    Section 302 of Public Law 108-494 (118 Stat. 3998) is amended by
    striking ``December 31, 2018'' each place it appears and inserting
    ``December 31, 2019''.

    TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS

    SEC. 301. STUDY ON NETWORK RESILIENCY.

    Not later than 36 months after the date of enactment of this Act,
    the Commission shall submit to Congress, and make publically available
    on the Commission's website, a study on the public safety benefits and
    technical feasibility and cost of--
    (1) making telecommunications service provider-owned WiFi
    access points, and other communications technologies operating
    on unlicensed spectrum, available to the general public for
    access to 9-1-1 services, without requiring any login
    credentials, during times of emergency when mobile service is
    unavailable;

    [[Page 1087]]

    (2) the provision by non-telecommunications service
    provider-owned WiFi access points of public access to 9-1-1
    services during times of emergency when mobile service is
    unavailable; and
    (3) other alternative means of providing the public with
    access to 9-1-1 services during times of emergency when mobile
    service is unavailable.

    SEC. 302. ACCESS TO ESSENTIAL SERVICE PROVIDERS DURING FEDERALLY
    DECLARED EMERGENCIES.

    Section 427(a) of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5189e(a)) is amended--
    (1) in paragraph (1)--
    (A) in subparagraph (A), by striking
    ``telecommunications service'' and inserting ``wireline
    or mobile telephone service, Internet access service,
    radio or television broadcasting, cable service, or
    direct broadcast satellite service'';
    (B) in subparagraph (E), by striking the semicolon
    and inserting ``; or'';
    (C) by redesignating subparagraphs (A) through (E)
    as clauses (i) through (v), respectively; and
    (D) by adding at the end of the following:
    ``(B) is a tower owner or operator;''; and
    (2) by striking ``(1) provides'' and inserting ``(1)(A)
    provides''.

    SEC. 303. DEFINITIONS.

    As used in this title--
    (1) the term ``mobile service'' means commercial mobile
    service (as defined in section 332 of the Communications Act of
    1934 (47 U.S.C. 332)) or commercial mobile data service (as
    defined in section 6001 of the Middle Class Tax Relief and Job
    Creation Act of 2012 (47 U.S.C. 1401));
    (2) the term ``WiFi access point'' means wireless Internet
    access using the standard designated as 802.11 or any variant
    thereof; and
    (3) the term ``times of emergency'' means either an
    emergency as defined in section 102 of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122),
    or an emergency as declared by the governor of a State or
    territory of the United States.

    TITLE IV--FCC CONSOLIDATED REPORTING

    SEC. 401. COMMUNICATIONS MARKETPLACE REPORT.

    Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is
    amended by adding at the end the following:

    ``SEC. 13. <>  COMMUNICATIONS MARKETPLACE REPORT.

    ``(a) In General.--In the last quarter of every even-numbered year,
    the Commission shall publish on its website and submit to the Committee
    on Energy and Commerce of the House of Representatives and the Committee
    on Commerce, Science, and Transportation of the Senate a report on the
    state of the communications marketplace.
    ``(b) Contents.--Each report required by subsection (a) shall--

    [[Page 1088]]

    ``(1) assess the state of competition in the communications
    marketplace, including competition to deliver voice, video,
    audio, and data services among providers of telecommunications,
    providers of commercial mobile service (as defined in section
    332), multichannel video programming distributors (as defined in
    section 602), broadcast stations, providers of satellite
    communications, Internet service providers, and other providers
    of communications services;
    ``(2) assess the state of deployment of communications
    capabilities, including advanced telecommunications capability
    (as defined in section 706 of the Telecommunications Act of 1996
    (47 U.S.C. 1302)), regardless of the technology used for such
    deployment;
    ``(3) assess whether laws, regulations, regulatory practices
    (whether those of the Federal Government, States, political
    subdivisions of States, Indian tribes or tribal organizations
    (as such terms are defined in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 5304)), or
    foreign governments), or demonstrated marketplace practices pose
    a barrier to competitive entry into the communications
    marketplace or to the competitive expansion of existing
    providers of communications services;
    ``(4) describe the agenda of the Commission for the next 2-
    year period for addressing the challenges and opportunities in
    the communications marketplace that were identified through the
    assessments under paragraphs (1) through (3); and
    ``(5) describe the actions that the Commission has taken in
    pursuit of the agenda described pursuant to paragraph (4) in the
    previous report submitted under this section.

    ``(c) Extension.--If the President designates a Commissioner as
    Chairman of the Commission during the last quarter of an even-numbered
    year, the portion of the report required by subsection (b)(4) may be
    published on the website of the Commission and submitted to the
    Committee on Energy and Commerce of the House of Representatives and the
    Committee on Commerce, Science, and Transportation of the Senate as an
    addendum during the first quarter of the following odd-numbered year.
    ``(d) Special Requirements.--
    ``(1) Assessing competition.--In assessing the state of
    competition under subsection (b)(1), the Commission shall
    consider all forms of competition, including the effect of
    intermodal competition, facilities-based competition, and
    competition from new and emergent communications services,
    including the provision of content and communications using the
    Internet.
    ``(2) Assessing deployment.--In assessing the state of
    deployment under subsection (b)(2), the Commission shall compile
    a list of geographical areas that are not served by any provider
    of advanced telecommunications capability.
    ``(3) Considering small businesses.--In assessing the state
    of competition under subsection (b)(1) and regulatory barriers
    under subsection (b)(3), the Commission shall consider market
    entry barriers for entrepreneurs and other small businesses in
    the communications marketplace in accordance with the national
    policy under section 257(b).''.

    [[Page 1089]]

    SEC. 402. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING AMENDMENTS.

    (a) ORBIT Act Report.--Section 646 of the Communications Satellite
    Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed.
    (b) Satellite Competition Report.--Section 4 of Public Law 109-34
    (47 U.S.C. 703) is repealed.
    (c) International Broadband Data Report.--Section 103(b)(1) of the
    Broadband Data Improvement Act (47 U.S.C. 1303(b)(1)) is amended by
    striking ``the assessment and report'' and all that follows through
    ``Federal Communications Commission'' and inserting ``its report under
    section 13 of the Communications Act of 1934, the Federal Communications
    Commission''.
    (d) Status of Competition in the Market for the Delivery of Video
    Programming Report.--Section 628 of the Communications Act of 1934 (47
    U.S.C. 548) is amended--
    (1) by striking subsection (g);
    (2) by redesignating subsection (j) as subsection (g); and
    (3) by transferring subsection (g) (as redesignated) so that
    it appears after subsection (f).

    (e) Report on Cable Industry Prices.--Section 623(k) of the
    Communications Act of 1934 (47 U.S.C. 543(k)) is amended--
    (1) in paragraph (1), by striking ``annually publish'' and
    inserting ``publish with its report under section 13''; and
    (2) in the heading of paragraph (2), by striking ``annual''.

    (f) Triennial Report Identifying and Eliminating Market Entry
    Barriers for Entrepreneurs and Other Small Businesses.--Section 257 of
    the Communications Act of 1934 (47 U.S.C. 257) is amended by striking
    subsection (c).
    (g) State of Competitive Market Conditions With Respect to
    Commercial Mobile Radio Services.--Section 332(c)(1)(C) of the
    Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by
    striking the first and second sentences.
    (h) Previously Eliminated Annual Report.--
    (1) In general.--Section 4 of the Communications Act of 1934
    (47 U.S.C. 154) is amended--
    (A) by striking subsection (k); and
    (B) by redesignating subsections (l) through (o) as
    subsections (k) through (n), respectively.
    (2) Conforming amendment.--Section 309(j)(8)(B) of the
    Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) is amended
    by striking the last sentence.

    (i) Additional Outdated Reports.--The Communications Act of 1934 is
    further amended--
    (1) in section 4--
    (A) in subsection (b)(2)(B)(ii), by striking ``and
    shall furnish notice of such action'' and all that
    follows through ``subject of the waiver''; and
    (B) in subsection (g), by striking paragraph (2);
    (2) in section 215--
    (A) by striking subsection (b); and
    (B) by redesignating subsection (c) as subsection
    (b);
    (3) in section 227(e), by striking paragraph (4);
    (4) in section 309(j)--
    (A) by striking paragraph (12); and
    (B) in paragraph (15)(C), by striking clause (iv);
    (5) in section 331(b), by striking the last sentence;

    [[Page 1090]]

    (6) in section 336(e), by amending paragraph (4) to read as
    follows:
    ``(4) Report.--The Commission shall annually advise the
    Congress on the amounts collected pursuant to the program
    required by this subsection.'';
    (7) in section 339(c), by striking paragraph (1);
    (8) in section 396--
    (A) by striking subsection (i);
    (B) in subsection (k)--
    (i) in paragraph (1), by striking subparagraph
    (F); and
    (ii) in paragraph (3)(B)(iii), by striking
    subclause (V);
    (C) in subsection (l)(1)(B), by striking ``shall be
    included'' and all that follows through ``The audit
    report''; and
    (D) by striking subsection (m);
    (9) in section 398(b)(4), by striking the third sentence;
    (10) in section 624A(b)(1)--
    (A) by striking ``Report; regulations'' and
    inserting ``Regulations'';
    (B) by striking ``Within 1 year after'' and all that
    follows through ``on means of assuring'' and inserting
    ``The Commission shall issue such regulations as are
    necessary to assure''; and
    (C) by striking ``Within 180 days after'' and all
    that follows through ``to assure such compatibility.'';
    and
    (11) in section 713, by striking subsection (a).

    SEC. 403. <>  EFFECT ON AUTHORITY.

    Nothing in this title or the amendments made by this title shall be
    construed to expand or contract the authority of the Commission.

    SEC. 404. <>  OTHER REPORTS.

    Nothing in this title or the amendments made by this title shall be
    construed to prohibit or otherwise prevent the Commission from producing
    any additional reports otherwise within the authority of the Commission.

    TITLE V--ADDITIONAL PROVISIONS

    SEC. 501. INDEPENDENT INSPECTOR GENERAL FOR FCC.

    (a) Amendments.--The Inspector General Act of 1978 (5 U.S.C. App.)
    is amended--
    (1) in section 8G(a)(2), by striking ``the Federal
    Communications Commission,''; and
    (2) in section 12--
    (A) in paragraph (1), by inserting ``, the Federal
    Communications Commission,'' after ``the Chairman of the
    Nuclear Regulatory Commission''; and
    (B) in paragraph (2), by inserting ``the Federal
    Communications Commission,'' after ``the Environmental
    Protection Agency,''.

    (b) <>  Transition Rule.--An individual
    serving as Inspector General of the Commission on the date of the
    enactment of this Act

    [[Page 1091]]

    pursuant to an appointment made under section 8G of the Inspector
    General Act of 1978 (5 U.S.C. App.)--
    (1) may continue so serving until the President makes an
    appointment under section 3(a) of such Act with respect to the
    Commission consistent with the amendments made by subsection
    (a); and
    (2) shall, while serving under paragraph (1), remain subject
    to the provisions of section 8G of such Act which, immediately
    before the date of the enactment of this Act, applied with
    respect to the Inspector General of the Commission and suffer no
    reduction in pay.

    SEC. 502. <>  AUTHORITY OF CHIEF INFORMATION
    OFFICER.

    (a) In General.--The Commission shall ensure that the Chief
    Information Officer of the Commission has a significant role in--
    (1) the decision-making process for annual and multi-year
    planning, programming, budgeting, and execution decisions,
    related reporting requirements, and reports related to
    information technology;
    (2) the management, governance, and oversight processes
    related to information technology; and
    (3) the hiring of personnel with information technology
    responsibilities.

    (b) CIO Approval.--The Chief Information Officer of the Commission,
    in consultation with the Chief Financial Officer of the Commission and
    budget officials, shall specify and approve the allocation of amounts
    appropriated to the Commission for information technology, consistent
    with the provisions of appropriations Acts, budget guidelines, and
    recommendations from the Director of the Office of Management and
    Budget.

    SEC. 503. SPOOFING PREVENTION.

    (a) Expanding and Clarifying Prohibition on Misleading or Inaccurate
    Caller Identification Information.--
    (1) Communications from outside the united states.--Section
    227(e)(1) of the Communications Act of 1934 (47 U.S.C.
    227(e)(1)) is amended by striking ``in connection with any
    telecommunications service or IP-enabled voice service'' and
    inserting ``or any person outside the United States if the
    recipient is within the United States, in connection with any
    voice service or text messaging service''.
    (2) Coverage of text messages and voice services.--Section
    227(e)(8) of the Communications Act of 1934 (47 U.S.C.
    227(e)(8)) is amended--
    (A) in subparagraph (A), by striking
    ``telecommunications service or IP-enabled voice
    service'' and inserting ``voice service or a text
    message sent using a text messaging service'';
    (B) in the first sentence of subparagraph (B), by
    striking ``telecommunications service or IP-enabled
    voice service'' and inserting ``voice service or a text
    message sent using a text messaging service''; and
    (C) by striking subparagraph (C) and inserting the
    following:
    ``(C) Text message.--The term `text message'--
    ``(i) means a message consisting of text,
    images, sounds, or other information that is
    transmitted to or from a device that is identified
    as the receiving

    [[Page 1092]]

    or transmitting device by means of a 10-digit
    telephone number or N11 service code;
    ``(ii) includes a short message service
    (commonly referred to as `SMS') message and a
    multimedia message service (commonly referred to
    as `MMS') message; and
    ``(iii) does not include--
    ``(I) a real-time, two-way voice or
    video communication; or
    ``(II) a message sent over an IP-
    enabled messaging service to another
    user of the same messaging service,
    except a message described in clause
    (ii).
    ``(D) Text messaging service.--The term `text
    messaging service' means a service that enables the
    transmission or receipt of a text message, including a
    service provided as part of or in connection with a
    voice service.
    ``(E) Voice service.--The term `voice service'--
    ``(i) means any service that is interconnected
    with the public switched telephone network and
    that furnishes voice communications to an end user
    using resources from the North American Numbering
    Plan or any successor to the North American
    Numbering Plan adopted by the Commission under
    section 251(e)(1); and
    ``(ii) includes transmissions from a telephone
    facsimile machine, computer, or other device to a
    telephone facsimile machine.''.
    (3) Technical amendment.--Section 227(e) of the
    Communications Act of 1934 (47 U.S.C. 227(e)) is amended in the
    heading by inserting ``Misleading or'' before ``Inaccurate''.
    (4) Regulations.--
    (A) In general.--Section 227(e)(3)(A) of the
    Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is
    amended by striking ``Not later than 6 months after the
    date of enactment of the Truth in Caller ID Act of 2009,
    the Commission'' and inserting ``The Commission''.
    (B) <>  Deadline.--The
    Commission shall prescribe regulations to implement the
    amendments made by this subsection not later than 18
    months after the date of enactment of this Act.
    (5) <>  Effective date.--The
    amendments made by this subsection shall take effect on the date
    that is 6 months after the date on which the Commission
    prescribes regulations under paragraph (4).

    (b) <>  Consumer Education Materials on How To
    Avoid Scams That Rely Upon Misleading or Inaccurate Caller
    Identification Information.--
    (1) Development of materials.--Not later than 1 year after
    the date of enactment of this Act, the Commission, in
    coordination with the Federal Trade Commission, shall develop
    consumer education materials that provide information about--
    (A) ways for consumers to identify scams and other
    fraudulent activity that rely upon the use of misleading
    or inaccurate caller identification information; and

    [[Page 1093]]

    (B) existing technologies, if any, that a consumer
    can use to protect against such scams and other
    fraudulent activity.
    (2) Contents.--In developing the consumer education
    materials under paragraph (1), the Commission shall--
    (A) identify existing technologies, if any, that can
    help consumers guard themselves against scams and other
    fraudulent activity that rely upon the use of misleading
    or inaccurate caller identification information,
    including--
    (i) descriptions of how a consumer can use the
    technologies to protect against such scams and
    other fraudulent activity; and
    (ii) details on how consumers can access and
    use the technologies; and
    (B) provide other information that may help
    consumers identify and avoid scams and other fraudulent
    activity that rely upon the use of misleading or
    inaccurate caller identification information.
    (3) Updates.--The Commission shall ensure that the consumer
    education materials required under paragraph (1) are updated on
    a regular basis.
    (4) Website.--The Commission shall include the consumer
    education materials developed under paragraph (1) on its
    website.

    (c) GAO Report on Combating the Fraudulent Provision of Misleading
    or Inaccurate Caller Identification Information.--
    (1) In general.--The Comptroller General of the United
    States shall conduct a study of the actions the Commission and
    the Federal Trade Commission have taken to combat the fraudulent
    provision of misleading or inaccurate caller identification
    information, and the additional measures that could be taken to
    combat such activity.
    (2) Required considerations.--In conducting the study under
    paragraph (1), the Comptroller General shall examine--
    (A) trends in the types of scams that rely on
    misleading or inaccurate caller identification
    information;
    (B) previous and current enforcement actions by the
    Commission and the Federal Trade Commission to combat
    the practices prohibited by section 227(e)(1) of the
    Communications Act of 1934 (47 U.S.C. 227(e)(1));
    (C) current efforts by industry groups and other
    entities to develop technical standards to deter or
    prevent the fraudulent provision of misleading or
    inaccurate caller identification information, and how
    such standards may help combat the current and future
    provision of misleading or inaccurate caller
    identification information; and
    (D) whether there are additional actions the
    Commission, the Federal Trade Commission, and Congress
    should take to combat the fraudulent provision of
    misleading or inaccurate caller identification
    information.
    (3) Report.--Not later than 18 months after the date of
    enactment of this Act, the Comptroller General shall submit to
    the Committee on Energy and Commerce of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate a report on the findings of the
    study under paragraph (1), including any recommendations

    [[Page 1094]]

    regarding combating the fraudulent provision of misleading or
    inaccurate caller identification information.

    (d) <>  Rule of Construction.--Nothing in
    this section, or the amendments made by this section, shall be construed
    to modify, limit, or otherwise affect any rule or order adopted by the
    Commission in connection with--
    (1) the Telephone Consumer Protection Act of 1991 (Public
    Law 102-243; 105 Stat. 2394) or the amendments made by that Act;
    or
    (2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).

    SEC. 504. REPORT ON PROMOTING BROADBAND INTERNET ACCESS SERVICE FOR
    VETERANS.

    (a) Veteran Defined.--In this section, the term ``veteran'' has the
    meaning given the term in section 101 of title 38, United States Code.
    (b) Report Required.--Not later than 1 year after the date of the
    enactment of this Act, the Commission shall submit to Congress a report
    on promoting broadband Internet access service for veterans, in
    particular low-income veterans and veterans residing in rural areas. In
    such report, the Commission shall--
    (1) examine such access and how to promote such access; and
    (2) provide findings and recommendations for Congress with
    respect to such access and how to promote such access.

    (c) Public Notice and Opportunity To Comment.--In preparing the
    report required by subsection (b), the Commission shall provide the
    public with notice and an opportunity to comment on broadband Internet
    access service for veterans, in particular low-income veterans and
    veterans residing in rural areas, and how to promote such access.

    SEC. 505. <>  METHODOLOGY FOR COLLECTION OF
    MOBILE SERVICE COVERAGE DATA.

    (a) Definitions.--In this section--
    (1) the term ``commercial mobile data service'' has the
    meaning given the term in section 6001 of the Middle Class Tax
    Relief and Job Creation Act of 2012 (47 U.S.C. 1401);
    (2) the term ``commercial mobile service'' has the meaning
    given the term in section 332(d) of the Communications Act of
    1934 (47 U.S.C. 332(d));
    (3) the term ``coverage data'' means, if commercial mobile
    service or commercial mobile data service is available, general
    information about the service, which may include available speed
    tiers, radio frequency signal levels, and network and
    performance characteristics; and
    (4) the term ``Universal Service program'' means the
    universal service support mechanisms established under section
    254 of the Communications Act of 1934 (47 U.S.C. 254) and the
    regulations issued under that section.

    (b) Methodology Established.--Not later than 180 days after the
    conclusion of the Mobility Fund Phase II Auction, the Commission shall
    promulgate regulations to establish a methodology that shall apply to
    the collection of coverage data by the Commission for the purposes of--
    (1) the Universal Service program; or
    (2) any other similar program.

    [[Page 1095]]

    (c) Requirements.--The methodology established under subsection (b)
    shall--
    (1) contain standard definitions for different available
    technologies such as 2G, 3G, 4G, and 4G LTE;
    (2) enhance the consistency and robustness of how the data
    are collected by different parties;
    (3) improve the validity and reliability of coverage data;
    and
    (4) increase the efficiency of coverage data collection.

    SEC. 506. <>  ACCURACY OF DISPATCHABLE LOCATION
    FOR 9-1-1 CALLS.

    (a) Proceeding Required.--Not later than 18 months after the date of
    the enactment of this Act, the Commission shall conclude a proceeding to
    consider adopting rules to ensure that the dispatchable location is
    conveyed with a 9-1-1 call, regardless of the technological platform
    used and including with calls from multi-line telephone systems (as
    defined in section 6502 of the Middle Class Tax Relief and Job Creation
    Act of 2012 (47 U.S.C. 1471)).
    (b) Relationship to Other Proceedings.--In conducting the proceeding
    required by subsection (a), the Commission may consider information and
    conclusions from other Commission proceedings regarding the accuracy of
    the dispatchable location for a 9-1-1 call, but nothing in this section
    shall be construed to require the Commission to reconsider any
    information or conclusion from a proceeding regarding the accuracy of
    the dispatchable location for a 9-1-1 call in which the Commission has
    adopted rules or issued an order before the date of the enactment of
    this Act.
    (c) Definitions.--In this section:
    (1) 9-1-1 call.--The term ``9-1-1 call'' means a voice call
    that is placed, or a message that is sent by other means of
    communication, to a public safety answering point (as defined in
    section 222 of the Communications Act of 1934 (47 U.S.C. 222))
    for the purpose of requesting emergency services.
    (2) Dispatchable location.--The term ``dispatchable
    location'' means the street address of the calling party, and
    additional information such as room number, floor number, or
    similar information necessary to adequately identify the
    location of the calling party.

    SEC. 507. NTIA STUDY ON INTERAGENCY PROCESS FOLLOWING CYBERSECURITY
    INCIDENTS.

    (a) In General.--The Assistant Secretary of Commerce for
    Communications and Information shall complete a study on how the
    National Telecommunications and Information Administration can best
    coordinate the interagency process following cybersecurity incidents.
    (b) Report to Congress.--Not later than 18 months after the date of
    the enactment of this Act, the Assistant Secretary shall submit to the
    Committee on Energy and Commerce of the House of Representatives and the
    Committee on Commerce, Science, and Transportation of the Senate a
    report detailing the findings and recommendations of the study conducted
    under subsection (a).

    SEC. 508. <>  TRIBAL DIGITAL ACCESS.

    (a) Tribal Broadband Data Report.--
    (1) In general.--Not later than 1 year after the date of the
    enactment of this Act, the Commission shall submit

    [[Page 1096]]

    to the Committee on Energy and Commerce of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate a report evaluating broadband
    coverage in Indian country (as defined in section 1151 of title
    18, United States Code) and on land held by a Native Corporation
    pursuant to the Alaska Native Claims Settlement Act.
    (2) Required assessments.--The report required by paragraph
    (1) shall include the following:
    (A) An assessment of areas of Indian country (as so
    defined) and land held by a Native Corporation pursuant
    to the Alaska Native Claims Settlement Act that have
    adequate broadband coverage.
    (B) An assessment of unserved areas of Indian
    country (as so defined) and land held by a Native
    Corporation pursuant to the Alaska Native Claims
    Settlement Act.

    (b) Tribal Broadband Proceeding.--Not later than 30 months after the
    date of the enactment of this Act, the Commission shall complete a
    proceeding to address the unserved areas identified in the report under
    subsection (a).

    SEC. 509. TERMS OF OFFICE AND VACANCIES.

    Section 4(c) of the Communications Act of 1934 (47 U.S.C. 154(c)) is
    amended to read as follows:
    ``(c)(1) A commissioner--
    ``(A) shall be appointed for a term of 5 years;
    ``(B) except as provided in subparagraph (C), may continue
    to serve after the expiration of the fixed term of office of the
    commissioner until a successor is appointed and has been
    confirmed and taken the oath of office; and
    ``(C) may not continue to serve after the expiration of the
    session of Congress that begins after the expiration of the
    fixed term of office of the commissioner.

    ``(2) Any person chosen to fill a vacancy in the Commission--
    ``(A) shall be appointed for the unexpired term of the
    commissioner that the person succeeds;
    ``(B) except as provided in subparagraph (C), may continue
    to serve after the expiration of the fixed term of office of the
    commissioner that the person succeeds until a successor is
    appointed and has been confirmed and taken the oath of office;
    and
    ``(C) may not continue to serve after the expiration of the
    session of Congress that begins after the expiration of the
    fixed term of office of the commissioner that the person
    succeeds.

    ``(3) No vacancy in the Commission shall impair the right of the
    remaining commissioners to exercise all the powers of the Commission.''.

    SEC. 510. JOINT BOARD RECOMMENDATION.

    The Commission may not modify, amend, or change its rules or
    regulations for universal service support payments to implement the
    February 27, 2004, recommendations of the Federal-State Joint Board on
    Universal Service regarding single connection or primary line
    restrictions on universal service support payments.

    [[Page 1097]]

    SEC. 511. <>  DISCLAIMER FOR PRESS RELEASES
    REGARDING NOTICES OF APPARENT LIABILITY.

    The Commission shall include in any press release regarding the
    issuance of a notice of apparent liability under section 503(b)(4) of
    the Communications Act of 1934 (47 U.S.C. 503(b)(4)) a disclaimer
    informing consumers that--
    (1) the issuance of a notice of apparent liability should be
    treated only as allegations; and
    (2) the amount of any forfeiture penalty proposed in a
    notice of apparent liability represents the maximum penalty that
    the Commission may impose for the violations alleged in the
    notice of apparent liability.

    SEC. 512. <>  REPORTS RELATED TO SPECTRUM AUCTIONS.

    (a) Estimate of Upcoming Auctions.--Section 309(j) of the
    Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at
    the end the following:
    ``(18) Estimate of upcoming auctions.--
    ``(A) Not later than September 30, 2018, and
    annually thereafter, the Commission shall make publicly
    available an estimate of what systems of competitive
    bidding authorized under this subsection may be
    initiated during the upcoming 12-month period.
    ``(B) The estimate under subparagraph (A) shall, to
    the extent possible, identify the bands of frequencies
    the Commission expects to be included in each such
    system of competitive bidding.''.

    (b) Auction Expenditure Justification Report.--Not later than April
    1, 2019, and annually thereafter, the Commission shall provide to the
    appropriate committees of Congress a report containing a detailed
    justification for the use of proceeds retained by the Commission under
    section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C.
    309(j)(8)(B)) for the costs of developing and implementing the program
    required by section 309(j) of that Act.
    (c) Definition.--For purposes of this section, the term
    ``appropriate committees of Congress'' means--
    (1) the Committee on Commerce, Science, and Transportation
    of the Senate;
    (2) the Committee on Appropriations of the Senate;
    (3) the Committee on Energy and Commerce of the House of
    Representatives; and
    (4) the Committee on Appropriations of the House of
    Representatives.

    TITLE VI--MOBILE <>  NOW

    SEC. 601. SHORT TITLE.

    This title may be cited as the ``Making Opportunities for Broadband
    Investment and Limiting Excessive and Needless Obstacles to Wireless
    Act'' or the ``MOBILE NOW Act''.

    SEC. 602. DEFINITIONS.

    In this title:
    (1) Appropriate committees of congress.--The term
    ``appropriate committees of Congress'' means--

    [[Page 1098]]

    (A) the Committee on Commerce, Science, and
    Transportation of the Senate;
    (B) the Committee on Energy and Commerce of the
    House of Representatives; and
    (C) each committee of the Senate or of the House of
    Representatives with jurisdiction over a Federal entity
    affected by the applicable section in which the term
    appears.
    (2) Commission.--The term ``Commission'' means the Federal
    Communications Commission.
    (3) Federal entity.--The term ``Federal entity'' has the
    meaning given the term in section 113(l) of the National
    Telecommunications and Information Administration Organization
    Act (47 U.S.C. 923(l)).
    (4) NTIA.--The term ``NTIA'' means the National
    Telecommunications and Information Administration of the
    Department of Commerce.
    (5) OMB.--The term ``OMB'' means the Office of Management
    and Budget.
    (6) Secretary.--The term ``Secretary'' means the Secretary
    of Commerce.

    SEC. 603. <>  IDENTIFYING 255 MEGAHERTZ.

    (a) Requirements.--
    (1) In general.--Not later than December 31, 2022, the
    Secretary, working through the NTIA, and the Commission shall
    identify a total of at least 255 megahertz of Federal and non-
    Federal spectrum for mobile and fixed wireless broadband use.
    (2) Unlicensed and licensed use.--Of the spectrum identified
    under paragraph (1), not less than--
    (A) 100 megahertz below the frequency of 8000
    megahertz shall be identified for use on an unlicensed
    basis;
    (B) 100 megahertz below the frequency of 6000
    megahertz shall be identified for use on an exclusive,
    licensed basis for commercial mobile use, pursuant to
    the Commission's authority to implement such licensing
    in a flexible manner, and subject to potential continued
    use of such spectrum by incumbent Federal entities in
    designated geographic areas indefinitely or for such
    length of time stipulated in transition plans approved
    by the Technical Panel under section 113(h) of the
    National Telecommunications and Information
    Administration Organization Act (47 U.S.C. 923(h)) for
    those incumbent entities to be relocated to alternate
    spectrum; and
    (C) 55 megahertz below the frequency of 8000
    megahertz shall be identified for use on either a
    licensed or unlicensed basis, or a combination of
    licensed and unlicensed.
    (3) Non-eligible spectrum.--For purposes of satisfying the
    requirement under paragraph (1), the following spectrum shall
    not be counted:
    (A) The frequencies between 1695 and 1710 megahertz.
    (B) The frequencies between 1755 and 1780 megahertz.
    (C) The frequencies between 2155 and 2180 megahertz.
    (D) The frequencies between 3550 and 3700 megahertz.

    [[Page 1099]]

    (E) Spectrum that the Commission determines had more
    than de minimis mobile or fixed wireless broadband
    operations within the band on the day before the date of
    enactment of this Act.
    (4) Treatment of certain other spectrum.--Spectrum
    identified pursuant to this section may include eligible
    spectrum, if any, identified after the date of enactment of this
    Act pursuant to title X of the Bipartisan Budget Act of 2015
    (Public Law 114-74).
    (5) Spectrum made available on and after february 11,
    2016.--Any spectrum that has been made available for licensed or
    unlicensed use on and after February 11, 2016, and that
    otherwise satisfies the requirements of this section may be
    counted towards the requirements of this subsection.
    (6) Relocation prioritized over sharing.--This section shall
    be carried out in accordance with section 113(j) of the National
    Telecommunications and Information Administration Organization
    Act (47 U.S.C. 923(j)).
    (7) Considerations.--In identifying spectrum for use under
    this section, the Secretary, working through the NTIA, and
    Commission shall consider--
    (A) the need to preserve critical existing and
    planned Federal Government capabilities;
    (B) the impact on existing State, local, and tribal
    government capabilities;
    (C) the international implications;
    (D) the need for appropriate enforcement mechanisms
    and authorities; and
    (E) the importance of the deployment of wireless
    broadband services in rural areas of the United States.

    (b) Rules of Construction.--Nothing in this section shall be
    construed--
    (1) to impair or otherwise affect the functions of the
    Director of OMB relating to budgetary, administrative, or
    legislative proposals;
    (2) to require the disclosure of classified information, law
    enforcement sensitive information, or other information that
    must be protected in the interest of national security; or
    (3) to affect any requirement under section 156 of the
    National Telecommunications and Information Administration
    Organization Act (47 U.S.C. 921 note), as added by section
    1062(a) of the National Defense Authorization Act for Fiscal
    Year 2000, or any other relevant statutory requirement
    applicable to the reallocation of Federal spectrum.

    SEC. 604. <>  MILLIMETER WAVE SPECTRUM.

    (a) FCC Proceeding.--Not later than 2 years after the date of
    enactment of this Act, the Commission shall publish a notice of proposed
    rulemaking to consider service rules to authorize mobile or fixed
    terrestrial wireless operations, including for advanced mobile service
    operations, in the radio frequency band between 42000 and 42500
    megahertz.
    (b) Considerations.--In conducting a rulemaking under subsection
    (a), the Commission shall--
    (1) consider how the band described in subsection (a) may be
    used to provide commercial wireless broadband service, including
    whether--

    [[Page 1100]]

    (A) such spectrum may be best used for licensed or
    unlicensed services, or some combination thereof; and
    (B) to permit additional licensed operations in such
    band on a shared basis; and
    (2) include technical characteristics under which the band
    described in subsection (a) may be employed for mobile or fixed
    terrestrial wireless operations, including any appropriate
    coexistence requirements.

    (c) Spectrum Made Available on and After February 11, 2016.--Any
    spectrum that has been made available for licensed or unlicensed use on
    or after February 11, 2016, and that otherwise satisfies the
    requirements of section 603 of this title may be counted towards the
    requirements of section 603(a) of this title.

    SEC. 605. 3 GIGAHERTZ SPECTRUM.

    (a) Between 3100 Megahertz and 3550 Megahertz.--Not later than 24
    months after the date of enactment of this Act, and in consultation with
    the Commission and the head of each affected Federal agency (or a
    designee thereof), the Secretary, working through the NTIA, shall submit
    to the Commission and the appropriate committees of Congress a report
    evaluating the feasibility of allowing commercial wireless services,
    licensed or unlicensed, to share use of the frequencies between 3100
    megahertz and 3550 megahertz.
    (b) Between 3700 Megahertz and 4200 Megahertz.--Not later than 18
    months after the date of enactment of this Act, after notice and an
    opportunity for public comment, and in consultation with the Secretary,
    working through the NTIA, and the head of each affected Federal agency
    (or a designee thereof), the Commission shall submit to the Secretary
    and the appropriate committees of Congress a report evaluating the
    feasibility of allowing commercial wireless services, licensed or
    unlicensed, to use or share use of the frequencies between 3700
    megahertz and 4200 megahertz.
    (c) Requirements.--A report under subsection (a) or (b) shall
    include the following:
    (1) An assessment of the operations of Federal entities that
    operate Federal Government stations authorized to use the
    frequencies described in that subsection.
    (2) An assessment of the possible impacts of such sharing on
    Federal and non-Federal users already operating on the
    frequencies described in that subsection.
    (3) The criteria that may be necessary to ensure shared
    licensed or unlicensed services would not cause harmful
    interference to Federal or non-Federal users already operating
    in the frequencies described in that subsection.
    (4) If such sharing is feasible, an identification of which
    of the frequencies described in that subsection are most
    suitable for sharing with commercial wireless services through
    the assignment of new licenses by competitive bidding, for
    sharing with unlicensed operations, or through a combination of
    licensing and unlicensed operations.

    (d) Commission Action.--The Commission, in consultation with the
    NTIA, shall seek public comment on the reports required under
    subsections (a) and (b), including regarding the bands identified in
    such report as feasible pursuant to subsection (c)(4).

    [[Page 1101]]

    SEC. 606. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL PROPERTY.

    (a) In General.--Section 6409 of the Middle Class Tax Relief and Job
    Creation Act of 2012 (47 U.S.C. 1455) is amended by striking subsections
    (b), (c), and (d) and inserting the following:
    ``(b) Federal Easements, Rights-of-way, and Leases.--
    ``(1) Grant.--If an executive agency, a State, a political
    subdivision or agency of a State, or a person, firm, or
    organization applies for the grant of an easement, right-of-way,
    or lease to, in, over, or on a building or other property owned
    by the Federal Government for the right to install, construct,
    modify, or maintain a communications facility installation, the
    executive agency having control of the building or other
    property may grant to the applicant, on behalf of the Federal
    Government, subject to paragraph (3), an easement, right-of-way,
    or lease to perform such installation, construction,
    modification, or maintenance.
    ``(2) Application.--
    ``(A) In general.--The Administrator of General
    Services shall develop a common form for applications
    for easements, rights-of-way, and leases under paragraph
    (1) for all executive agencies that, except as provided
    in subparagraph (B), shall be used by all executive
    agencies and applicants with respect to the buildings or
    other property of each such agency.
    ``(B) Exception.--The requirement under subparagraph
    (A) for an executive agency to use the common form
    developed by the Administrator of General Services shall
    not apply to an executive agency if the head of an
    executive agency notifies the Administrator that the
    executive agency uses a substantially similar
    application.
    ``(3) Timely consideration of applications.--
    ``(A) In general.--Not later than 270 days after the
    date on which an executive agency receives a duly filed
    application for an easement, right-of-way, or lease
    under this subsection, the executive agency shall--
    ``(i) grant or deny, on behalf of the Federal
    Government, the application; and
    ``(ii) notify the applicant of the grant or
    denial.
    ``(B) Explanation of denial.--If an executive agency
    denies an application under subparagraph (A), the
    executive agency shall notify the applicant in writing,
    including a clear statement of the reasons for the
    denial.
    ``(C) Applicability of environmental laws.--Nothing
    in this paragraph shall be construed to relieve an
    executive agency of the requirements of division A of
    subtitle III of title 54, United States Code, or the
    National Environmental Policy Act of 1969 (42 U.S.C.
    4321 et seq.).
    ``(D) Point of contact.--Upon receiving an
    application under subparagraph (A), an executive agency
    shall designate one or more appropriate individuals
    within the executive agency to act as a point of contact
    with the applicant.

    ``(c) Master Contracts for Communications Facility Installation
    Sitings.--
    ``(1) In general.--Notwithstanding section 704 of the
    Telecommunications Act of 1996 (Public Law 104-104; 110 Stat.

    [[Page 1102]]

    151) or any other provision of law, the Administrator of General
    Services shall--
    ``(A) develop one or more master contracts that
    shall govern the placement of communications facility
    installations on buildings and other property owned by
    the Federal Government; and
    ``(B) in developing the master contract or
    contracts, standardize the treatment of the placement of
    communications facility installations on building
    rooftops or facades, the placement of communications
    facility installations on rooftops or inside buildings,
    the technology used in connection with communications
    facility installations placed on Federal buildings and
    other property, and any other key issues the
    Administrator of General Services considers appropriate.
    ``(2) Applicability.--The master contract or contracts
    developed by the Administrator of General Services under
    paragraph (1) shall apply to all publicly accessible buildings
    and other property owned by the Federal Government, unless the
    Administrator of General Services decides that issues with
    respect to the siting of a communications facility installation
    on a specific building or other property warrant nonstandard
    treatment of such building or other property.
    ``(3) Application.--
    ``(A) In general.--The Administrator of General
    Services shall develop a common form or set of forms for
    communications facility installation siting applications
    that, except as provided in subparagraph (B), shall be
    used by all executive agencies and applicants with
    respect to the buildings and other property of each such
    agency.
    ``(B) Exception.--The requirement under subparagraph
    (A) for an executive agency to use the common form or
    set of forms developed by the Administrator of General
    Services shall not apply to an executive agency if the
    head of the executive agency notifies the Administrator
    that the executive agency uses a substantially similar
    application.

    ``(d) Definitions.--In this section:
    ``(1) Communications facility installation.--The term
    `communications facility installation' includes--
    ``(A) any infrastructure, including any transmitting
    device, tower, or support structure, and any equipment,
    switches, wiring, cabling, power sources, shelters, or
    cabinets, associated with the licensed or permitted
    unlicensed wireless or wireline transmission of
    writings, signs, signals, data, images, pictures, and
    sounds of all kinds; and
    ``(B) any antenna or apparatus that--
    ``(i) is designed for the purpose of emitting
    radio frequency;
    ``(ii) is designed to be operated, or is
    operating, from a fixed location pursuant to
    authorization by the Federal Communications
    Commission or is using duly authorized devices
    that do not require individual licenses; and
    ``(iii) is added to a tower, building, or
    other structure.

    [[Page 1103]]

    ``(2) Executive agency.--The term `executive agency' has the
    meaning given such term in section 102 of title 40, United
    States Code.''.

    (b) <>  Savings Provision.--An application
    for an easement, right-of-way, or lease that was made or granted under
    section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012
    (47 U.S.C. 1455) before the date of enactment of this Act shall
    continue, subject to that section as in effect on the day before such
    date of enactment.

    (c) Streamlining Broadband Facility Applications.--
    (1) Definition of communications facility installation.--In
    this subsection, the term ``communications facility
    installation'' has the meaning given the term in section 6409(d)
    of the Middle Class Tax Relief and Job Creation Act of 2012 (47
    U.S.C. 1455(d)), as amended by subsection (a).
    (2) Recommendations.--
    (A) In general.--Not later than 2 years after the
    date of enactment of this Act, the NTIA, in coordination
    with the Department of the Interior, the Department of
    Agriculture, the Department of Defense, the Department
    of Transportation, OMB, and the General Services
    Administration, shall develop recommendations to
    streamline the process for considering applications by
    those agencies under section 6409(b) of the Middle Class
    Tax Relief and Job Creation Act of 2012 (47 U.S.C.
    1455(b)), as amended by subsection (a).
    (B) Requirements for recommendations.--The
    recommendations developed under subparagraph (A) shall
    include--
    (i) procedures for the tracking of
    applications described in subparagraph (A);
    (ii) methods by which to reduce the amount of
    time between the receipt of an application and the
    issuance of a final decision on an application;
    (iii) policies to expedite renewals of an
    easement, license, or other authorization to
    locate communications facility installations on
    land managed by the agencies described in
    subparagraph (A); and
    (iv) policies that would prioritize or
    streamline a permit for construction in a
    previously-disturbed right-of-way.
    (C) Report to congress.--Not later than 2 years
    after the date on which the recommendations required
    under subparagraph (A) are developed, the NTIA shall
    submit to the Committee on Commerce, Science, and
    Transportation of the Senate, the Committee on Homeland
    Security and Governmental Affairs of the Senate, the
    Committee on Energy and Commerce of the House of
    Representatives, the Committee on Transportation and
    Infrastructure of the House of Representatives, and the
    Committee on Oversight and Government Reform of the
    House of Representatives a report that describes--
    (i) the status of the implementation of the
    recommendations developed under subparagraph (A);
    and
    (ii) any improvements to the process for
    considering applications described in subparagraph
    (A) that have resulted from those recommendations,
    including

    [[Page 1104]]

    in particular the speed at which such applications
    are reviewed and a final determination is issued.

    (d) <>  Additional Savings Provisions.--
    (1) Real property authorities.--Nothing in this section, or
    the amendments made by this section, shall be construed as
    providing any executive agency with any new leasing or other
    real property authorities not existing prior to the date of
    enactment of this Act.
    (2) Effect on other laws.--Nothing in this section, or the
    amendments made by this section, and no actions taken pursuant
    to this section, or the amendments made by this section, shall
    impact a decision or determination by any executive agency to
    sell, dispose of, declare excess or surplus, lease, reuse, or
    redevelop any Federal real property pursuant to title 40, United
    States Code, the Federal Assets Sale and Transfer Act of 2016
    (Public Law 114-287), or any other law governing real property
    activities of the Federal Government. No agreement entered into
    pursuant to this section, or the amendments made by this
    section, may obligate the Federal Government to hold, control,
    or otherwise retain or use real property that may otherwise be
    deemed as excess, surplus, or that could be otherwise sold,
    leased, or redeveloped.

    SEC. 607. <>  BROADBAND INFRASTRUCTURE DEPLOYMENT.

    (a) Definitions.--In this section:
    (1) Appropriate state agency.--The term ``appropriate State
    agency'' means a State governmental agency that is recognized by
    the executive branch of the State as having the experience
    necessary to evaluate and carry out projects relating to the
    proper and effective installation and operation of broadband
    infrastructure.
    (2) Broadband infrastructure.--The term ``broadband
    infrastructure'' means any buried, underground, or aerial
    facility, and any wireless or wireline connection, that enables
    users to send and receive voice, video, data, graphics, or any
    combination thereof.
    (3) Broadband infrastructure entity.--The term ``broadband
    infrastructure entity'' means any entity that--
    (A) installs, owns, or operates broadband
    infrastructure; and
    (B) provides broadband services in a manner
    consistent with the public interest, convenience, and
    necessity, as determined by the State.
    (4) State.--The term ``State'' means--
    (A) a State;
    (B) the District of Columbia; and
    (C) the Commonwealth of Puerto Rico.

    (b) Broadband Infrastructure Deployment.--To facilitate the
    installation of broadband infrastructure, the Secretary of
    Transportation shall promulgate regulations to ensure that each State
    that receives funds under chapter 1 of title 23, United States Code,
    meets the following requirements:
    (1) Broadband consultation.--The State department of
    transportation, in consultation with appropriate State agencies,
    shall--
    (A) identify a broadband utility coordinator, that
    may have additional responsibilities, whether in the
    State

    [[Page 1105]]

    department of transportation or in another State agency,
    that is responsible for facilitating the broadband
    infrastructure right-of-way efforts within the State;
    (B) establish a process for the registration of
    broadband infrastructure entities that seek to be
    included in those broadband infrastructure right-of-way
    facilitation efforts within the State;
    (C) establish a process to electronically notify
    broadband infrastructure entities identified under
    subparagraph (B) of the State transportation improvement
    program on an annual basis and provide additional
    notifications as necessary to achieve the goals of this
    section; and
    (D) coordinate initiatives carried out under this
    section with other statewide telecommunication and
    broadband plans and State and local transportation and
    land use plans, including strategies to minimize
    repeated excavations that involve the installation of
    broadband infrastructure in a right-of-way.
    (2) Priority.--If a State chooses to provide for the
    installation of broadband infrastructure in the right-of-way of
    an applicable Federal-aid highway project under this subsection,
    the State department of transportation shall carry out any
    appropriate measures to ensure that any existing broadband
    infrastructure entities are not disadvantaged, as compared to
    other broadband infrastructure entities, with respect to the
    program under this subsection.

    (c) Effect of Section.--This section applies only to activities for
    which Federal obligations or expenditures are initially approved on or
    after the date regulations under subsection (b) become effective.
    Nothing in this section establishes a mandate or requirement that a
    State install or allow the installation of broadband infrastructure in a
    highway right-of-way. Nothing in this section authorizes the Secretary
    of Transportation to withhold or reserve funds or approval of a project
    under title 23, United States Code.

    SEC. 608. COMMUNICATIONS FACILITIES INSTALLATION.

    (a) In General.--Section 21 of the Federal Assets Sale and Transfer
    Act of 2016 (40 U.S.C. 1303 note) is amended--
    (1) in subsection (b), by adding at the end the following:
    ``(8) The ability of the Federal real property to support a
    communications facility installation.''; and
    (2) by adding at the end the following:

    ``(f) Definition of Communications Facility Installation.--In this
    section, the term `communications facility installation' means--
    ``(1) any infrastructure, including any transmitting device,
    tower, or support structure, and any equipment, switches,
    wiring, cabling, power sources, shelters, or cabinets associated
    with the licensed or permitted unlicensed wireless or wireline
    transmission of writings, signs, signals, data, images,
    pictures, and sounds of any kind; and
    ``(2) any antenna or apparatus that--
    ``(A) is designed for the purpose of emitting radio
    frequency;
    ``(B) is designed to be operated, or is operating,
    from a fixed location pursuant to authorization by the
    Federal

    [[Page 1106]]

    Communications Commission or is using duly authorized
    devices that do not require individual licenses; and
    ``(C) is added to a tower, building, or other
    structure.''.

    (b) <>  Public Comment.--
    (1) In general.--Not later than 60 days after the date of
    enactment of this Act, the Administrator of General Services
    shall issue a notice for public comment regarding the inclusion
    of a communications facility installation under section 21 of
    the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303
    note), as amended by subsection (a) of this section.
    (2) Contents.--In seeking public comment under paragraph
    (1), the Administrator shall include a request for
    recommendations on--
    (A) the criteria that make Federal real property
    capable of supporting communications facility
    installations;
    (B) the types of information related to the Federal
    real property that should be included in the database;
    and
    (C) other matters that the Administrator determines
    necessary.

    (c) <>  Provision of Information.--
    (1) In general.--Not later than 90 days after the period for
    public comment under subsection (b)(1) ends, the Administrator
    of General Services shall notify the head of each Executive
    agency of the manner and format for submitting such information
    as the Administrator determines appropriate to the database
    established under section 21 of the Federal Assets Sale and
    Transfer Act of 2016 (40 U.S.C. 1303 note), as amended by
    subsection (a) of this section.
    (2) Submission.--Not later than 90 days after the date of
    the notification under paragraph (1), the head of an Executive
    agency shall submit the information required under paragraph
    (1).

    (d) State and Local Governments.--
    (1) In general.--The Administrator of General Services, in
    consultation with the Chairman of the Commission, the Assistant
    Secretary of Commerce for Communications and Information, the
    Under Secretary of Commerce for Standards and Technology, and
    the Director of OMB, shall study--
    (A) how to incentivize State and local governments
    to provide the Administrator with information, similar
    to the information required under subsection (c)(1), for
    inclusion in the database described in that subsection;
    and
    (B) the feasibility of establishing or operating a
    database to which State and local governments can
    voluntarily submit such information.
    (2) Report on incentivizing participation by state and local
    governments.--
    (A) In general.--Not later than 1 year after the
    date of enactment of this Act, the Administrator of
    General Services, in consultation with the Chairman of
    the Commission, the Assistant Secretary of Commerce for
    Communications and Information, the Under Secretary of
    Commerce for Standards and Technology, and the Director
    of OMB, shall submit to the Committee on Commerce,
    Science, and Transportation and the Committee on
    Homeland Security

    [[Page 1107]]

    and Governmental Affairs of the Senate, and the
    Committee on Energy and Commerce, the Committee on
    Transportation and Infrastructure, and the Committee on
    Oversight and Government Reform of the House of
    Representatives a report on the findings of the study
    under paragraph (1), including recommendations, if any,
    consistent with this section.
    (B) Considerations.--The Administrator of General
    Services, in preparing the report under subparagraph
    (A), shall--
    (i) consult with State and local governments,
    or their representatives, to identify for
    inclusion in the report the most cost-effective
    options for State and local governments to collect
    and provide the information described in paragraph
    (1), including utilizing and leveraging State
    broadband initiatives and programs; and
    (ii) make recommendations on ways the Federal
    Government can assist State and local governments
    in collecting and providing the information
    described in paragraph (1).

    (e) <>  Savings Provisions.--
    (1) Real property authorities.--Nothing in this section, or
    an amendment made by this section, shall be construed as
    providing any Executive agency with any new leasing or other
    real property authority that did not exist prior to the date of
    enactment of this Act.
    (2) Effect on other laws.--Nothing in this section, or an
    amendment made by this section, and no information submitted
    pursuant to this section, or pursuant to an amendment made by
    this section, shall be used to prevent or otherwise restrict a
    decision or determination by any Executive agency to sell,
    dispose of, declare excess or surplus, lease, reuse or redevelop
    any Federal real property pursuant to--
    (A) title 40 of the United States Code;
    (B) the Federal Assets Sale and Transfer Act of 2016
    (40 U.S.C. 1303 note); or
    (C) any other law governing real property activities
    of the Federal Government.

    SEC. 609. REALLOCATION INCENTIVES.

    (a) In General.--Not later than 24 months after the date of
    enactment of this Act, the Assistant Secretary of Commerce for
    Communications and Information, in consultation with the Commission, the
    Director of OMB, and the head of each affected Federal agency (or a
    designee thereof), after notice and an opportunity for public comment,
    shall submit to the appropriate committees of Congress a report that
    includes legislative or regulatory recommendations to incentivize a
    Federal entity to relinquish, or share with Federal or non-Federal
    users, Federal spectrum for the purpose of allowing commercial wireless
    broadband services to operate on that Federal spectrum.
    (b) Post-Auction Payments.--
    (1) Report.--In preparing the report under subsection (a),
    the Assistant Secretary of Commerce for Communications and
    Information shall--

    [[Page 1108]]

    (A) consider whether permitting eligible Federal
    entities that are implementing a transition plan
    submitted under section 113(h) of the National
    Telecommunications and Information Administration
    Organization Act (47 U.S.C. 923(h)) to accept payments
    could result in access to the eligible frequencies that
    are being reallocated for exclusive non-Federal use or
    shared use sooner than would otherwise occur without
    such payments; and
    (B) include the findings under subparagraph (A),
    including the analysis under paragraph (2) and any
    recommendations for legislation, in the report.
    (2) Analysis.--In considering payments under paragraph
    (1)(A), the Assistant Secretary of Commerce for Communications
    and Information shall conduct an analysis of whether and how
    such payments would affect--
    (A) bidding in auctions conducted under section
    309(j) of the Communications Act of 1934 (47 U.S.C.
    309(j)) of such eligible frequencies; and
    (B) receipts collected from the auctions described
    in subparagraph (A).
    (3) Definitions.--In this subsection:
    (A) Payment.--The term ``payment'' means a payment
    in cash or in-kind by any auction winner, or any person
    affiliated with an auction winner, of eligible
    frequencies during the period after eligible frequencies
    have been reallocated by competitive bidding under
    section 309(j) of the Communications Act of 1934 (47
    U.S.C. 309(j)) but prior to the completion of relocation
    or sharing transition of such eligible frequencies per
    transition plans approved by the Technical Panel.
    (B) Eligible frequencies.--The term ``eligible
    frequencies'' has the meaning given the term in section
    113(g)(2) of the National Telecommunications and
    Information Administration Organization Act (47 U.S.C.
    923(g)(2)).

    SEC. 610. BIDIRECTIONAL SHARING STUDY.

    (a) In General.--Not later than 18 months after the date of
    enactment of this Act, including an opportunity for public comment, the
    Commission, in collaboration with the NTIA, shall--
    (1) conduct a bidirectional sharing study to determine the
    best means of providing Federal entities flexible access to non-
    Federal spectrum on a shared basis across a range of short-,
    mid-, and long-range timeframes, including for intermittent
    purposes like emergency use; and
    (2) submit to Congress a report on the study under paragraph
    (1), including any recommendations for legislation or proposed
    regulations.

    (b) Considerations.--In conducting the study under subsection (a),
    the Commission shall--
    (1) consider the regulatory certainty that commercial
    spectrum users and Federal entities need to make longer-term
    investment decisions for shared access to be viable; and
    (2) evaluate any barriers to voluntary commercial
    arrangements in which non-Federal users could provide access to
    Federal entities.

    [[Page 1109]]

    SEC. 611. <>  UNLICENSED SERVICES IN GUARD BANDS.

    (a) In General.--After public notice and comment, and in
    consultation with the Assistant Secretary of Commerce for Communications
    and Information and the head of each affected Federal agency (or a
    designee thereof), with respect to frequencies allocated for Federal
    use, the Commission shall adopt rules that permit unlicensed services
    where feasible to use any frequencies that are designated as guard bands
    to protect frequencies allocated after the date of enactment of this Act
    by competitive bidding under section 309(j) of the Communications Act of
    1934 (47 U.S.C. 309(j)), including spectrum that acts as a duplex gap
    between transmit and receive frequencies.
    (b) Limitation.--The Commission may not permit any use of a guard
    band under this section that would cause harmful interference to a
    licensed service or a Federal service.
    (c) Rule of Construction.--Nothing in this section shall be
    construed as limiting the Commission or the Assistant Secretary of
    Commerce for Communications and Information from otherwise making
    spectrum available for licensed or unlicensed use in any frequency band
    in addition to guard bands, including under section 603 of this title,
    consistent with their statutory jurisdictions.

    SEC. 612. PRE-AUCTION FUNDING.

    Section 118(d)(3)(B)(i)(II) of the National Telecommunications and
    Information Administration Organization Act (47 U.S.C.
    928(d)(3)(B)(i)(II)) is amended by striking ``5 years'' and inserting
    ``8 years''.

    SEC. 613. IMMEDIATE TRANSFER OF FUNDS.

    Section 118(e)(1) of the National Telecommunications and Information
    Administration Organization Act (47 U.S.C. 928(e)(1)) is amended by
    adding at the end the following:
    ``(D) At the request of an eligible Federal entity,
    the Director of the Office of Management and Budget (in
    this subsection referred to as `OMB') may transfer the
    amount under subparagraph (A) immediately--
    ``(i) after the frequencies are reallocated by
    competitive bidding under section 309(j) of the
    Communications Act of 1934 (47 U.S.C. 309(j)); or
    ``(ii) in the case of an incumbent Federal
    entity that is incurring relocation or sharing
    costs to accommodate sharing spectrum frequencies
    with another Federal entity, after the frequencies
    from which the other eligible Federal entity is
    relocating are reallocated by competitive bidding
    under section 309(j) of the Communications Act of
    1934 (47 U.S.C. 309(j)), without regard to the
    availability of such sums in the Fund.
    ``(E) Prior to the deposit of proceeds into the Fund
    from an auction, the Director of OMB may borrow from the
    Treasury the amount under subparagraph (A) for a
    transfer under subparagraph (D). The Treasury shall
    immediately be reimbursed, without interest, from funds
    deposited into the Fund.''.

    SEC. 614. AMENDMENTS TO THE SPECTRUM PIPELINE ACT OF 2015.

    Section 1008 of the Spectrum Pipeline Act of 2015 (Public Law 114-
    74; 129 Stat. 584) is amended in the matter preceding

    [[Page 1110]]

    paragraph (1) by inserting ``, after notice and an opportunity for
    public comment,'' after ``the Commission''.

    SEC. 615. GAO ASSESSMENT OF UNLICENSED SPECTRUM AND WI-FI USE IN LOW-
    INCOME NEIGHBORHOODS.

    (a) Study.--
    (1) In general.--The Comptroller General of the United
    States shall conduct a study to evaluate the availability of
    broadband Internet access using unlicensed spectrum and wireless
    networks in low-income neighborhoods.
    (2) Requirements.--In conducting the study under paragraph
    (1), the Comptroller General shall consider and evaluate--
    (A) the availability of wireless Internet hot spots
    and access to unlicensed spectrum in low-income
    neighborhoods, particularly for elementary and secondary
    school-aged children in such neighborhoods;
    (B) any barriers preventing or limiting the
    deployment and use of wireless networks in low-income
    neighborhoods;
    (C) how to overcome any barriers described in
    subparagraph (B), including through incentives,
    policies, or requirements that would increase the
    availability of unlicensed spectrum and related
    technologies in low-income neighborhoods; and
    (D) how to encourage home broadband adoption by
    households with elementary and secondary school-age
    children that are in low-income neighborhoods.

    (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Comptroller General shall submit to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee on
    Energy and Commerce of the House of Representatives a report that--
    (1) summarizes the findings of the study conducted under
    subsection (a); and
    (2) makes recommendations with respect to potential
    incentives, policies, and requirements that could help achieve
    the goals described in subparagraphs (C) and (D) of subsection
    (a)(2).

    SEC. 616. <>  RULEMAKING RELATED TO PARTITIONING OR
    DISAGGREGATING LICENSES.

    (a) Definitions.--In this section:
    (1) Covered small carrier.--The term ``covered small
    carrier'' means a carrier (as defined in section 3 of the
    Communications Act of 1934 (47 U.S.C. 153)) that--
    (A) has not more than 1,500 employees (as determined
    under section 121.106 of title 13, Code of Federal
    Regulations, or any successor thereto); and
    (B) offers services using the facilities of the
    carrier.
    (2) Rural area.--The term ``rural area'' means any area
    other than--
    (A) a city, town, or incorporated area that has a
    population of more than 20,000 inhabitants; or
    (B) an urbanized area contiguous and adjacent to a
    city or town that has a population of more than 50,000
    inhabitants.

    (b) Rulemaking.--

    [[Page 1111]]

    (1) In general.--Not later than 1 year after the date of
    enactment of this Act, the Commission shall initiate a
    rulemaking proceeding to assess whether to establish a program,
    or modify existing programs, under which a licensee that
    receives a license for the exclusive use of spectrum in a
    specific geographic area under section 301 of the Communications
    Act of 1934 (47 U.S.C. 301) may partition or disaggregate the
    license by sale or long-term lease--
    (A) in order to--
    (i) provide services consistent with the
    license; and
    (ii) make unused spectrum available to--
    (I) an unaffiliated covered small
    carrier; or
    (II) an unaffiliated carrier to
    serve a rural area; and
    (B) if the Commission finds that such a program
    would promote--
    (i) the availability of advanced
    telecommunications services in rural areas; or
    (ii) spectrum availability for covered small
    carriers.
    (2) Considerations.--In conducting the rulemaking proceeding
    under paragraph (1), the Commission shall consider, with respect
    to the program proposed to be established under that paragraph--
    (A) whether reduced performance requirements with
    respect to spectrum obtained through the program would
    facilitate deployment of advanced telecommunications
    services in the areas covered by the program;
    (B) what conditions may be needed on transfers of
    spectrum under the program to allow covered small
    carriers that obtain spectrum under the program to build
    out the spectrum in a reasonable period of time;
    (C) what incentives may be appropriate to encourage
    licensees to lease or sell spectrum, including--
    (i) extending the term of a license granted
    under section 301 of the Communications Act of
    1934 (47 U.S.C. 301); or
    (ii) modifying performance requirements of the
    license relating to the leased or sold spectrum;
    and
    (D) the administrative feasibility of--
    (i) the incentives described in subparagraph
    (C); and
    (ii) other incentives considered by the
    Commission that further the goals of this section.
    (3) Forfeiture of spectrum.--If a party fails to meet any
    build out requirements set by the Commission for any spectrum
    sold or leased under this section, the right to the spectrum
    shall be forfeited to the Commission unless the Commission finds
    that there is good cause for the failure of the party.
    (4) Requirement.--The Commission may offer a licensee
    incentives or reduced performance requirements under this
    section only if the Commission finds that doing so would likely
    result in increased availability of advanced telecommunications
    services in a rural area.

    [[Page 1112]]

    SEC. 617. <>  UNLICENSED SPECTRUM POLICY.

    (a) Statement of Policy.--It is the policy of the United States--
    (1) to maximize the benefit to the people of the United
    States of the spectrum resources of the United States;
    (2) to advance innovation and investment in wireless
    broadband services; and
    (3) to promote spectrum policy that makes available on an
    unlicensed basis radio frequency bands to address consumer
    demand for unlicensed wireless broadband operations.

    (b) Commission Responsibilities.--The Commission shall ensure that
    the efforts of the Commission related to spectrum allocation and
    assignment made available on an unlicensed basis radio frequency bands
    to address demand for unlicensed wireless broadband operations if doing
    so is, after taking into account the future needs of homeland security,
    national security, and other spectrum users--
    (1) reasonable; and
    (2) in the public interest.

    (c) Rule of Construction.--Nothing in this section confers any
    additional rights on unlicensed users or users licensed by rule under
    part 96 of title 47, Code of Federal Regulations, to protection from
    harmful interference.

    SEC. 618. <>  NATIONAL PLAN FOR UNLICENSED SPECTRUM.

    (a) Definitions.--In this section:
    (1) Spectrum relocation fund.--The term ``Spectrum
    Relocation Fund'' means the Fund established under section 118
    of the National Telecommunications and Information
    Administration Organization Act (47 U.S.C. 928).
    (2) Unlicensed or licensed by rule operations.--The term
    ``unlicensed or licensed by rule operations'' means the use of
    spectrum on a non-exclusive basis under--
    (A) part 15 of title 47, Code of Federal
    Regulations; or
    (B) licensing by rule under part 96 of title 47,
    Code of Federal Regulations.

    (b) National Plan.--Not later than 18 months after the date of
    enactment of this Act, the Commission, in consultation with the NTIA,
    shall develop a national plan for making additional radio frequency
    bands available for unlicensed or licensed by rule operations.
    (c) Requirements.--The plan developed under this section shall--
    (1) identify an approach that ensures that consumers have
    access to additional spectrum to conduct unlicensed or licensed
    by rule operations in a range of radio frequencies to meet
    consumer demand;
    (2) recommend specific actions by the Commission and the
    NTIA to permit unlicensed or licensed by rule operations in
    additional radio frequency ranges that the Commission finds--
    (A) are consistent with the statement of policy
    under section 617(a) of this title;
    (B) will--
    (i) expand opportunities for unlicensed or
    licensed by rule operations in a spectrum band; or

    [[Page 1113]]

    (ii) otherwise improve spectrum utilization
    and intensity of use of bands where unlicensed or
    licensed by rule operations are already permitted;
    (C) will not cause harmful interference to Federal
    or non-Federal users of such bands; and
    (D) will not significantly impact homeland security
    or national security communications systems; and
    (3) examine additional ways, with respect to existing and
    planned databases or spectrum access systems designed to promote
    spectrum sharing and access to spectrum for unlicensed or
    licensed by rule operations--
    (A) to improve accuracy and efficacy;
    (B) to reduce burdens on consumers, manufacturers,
    and service providers; and
    (C) to protect sensitive Government information.

    (d) Spectrum Relocation Fund.--To be included as an appendix as part
    of the plan developed under this section, the NTIA, in consultation with
    the Director of the Office of Management and Budget, shall share with
    the Commission recommendations about how to reform the Spectrum
    Relocation Fund--
    (1) to address costs incurred by Federal entities related to
    sharing radio frequency bands with radio technologies conducting
    unlicensed or licensed by rule operations; and
    (2) to ensure the Spectrum Relocation Fund has sufficient
    funds to cover--
    (A) the costs described in paragraph (1); and
    (B) other expenditures allowed of the Spectrum
    Relocation Fund under section 118 of the National
    Telecommunications and Information Administration
    Organization Act (47 U.S.C. 928).

    (e) Report Required.--
    (1) In general.--Not later than 18 months after the date of
    enactment of this Act, the Commission shall submit to the
    appropriate committees of Congress a report that describes the
    plan developed under this section, including any recommendations
    for legislative change.
    (2) Publication on commission website.--Not later than the
    date on which the Commission submits the report under paragraph
    (1), the Commission shall make the report publicly available on
    the website of the Commission.

    (f) Rule of Construction.--Nothing in this section confers any
    additional rights on unlicensed users or users licensed by rule under
    part 96 of title 47, Code of Federal Regulations, to protection from
    harmful interference.

    SEC. 619. <>  SPECTRUM
    CHALLENGE PRIZE.

    (a) Short Title.--This section may be cited as the ``Spectrum
    Challenge Prize Act''.
    (b) Definition of Prize Competition.--In this section, the term
    ``prize competition'' means a prize competition conducted by the
    Secretary under subsection (c)(1).
    (c) Spectrum Challenge Prize.--
    (1) In general.--The Secretary, in consultation with the
    Assistant Secretary of Commerce for Communications and
    Information and the Under Secretary of Commerce for Standards
    and Technology, shall, subject to the availability of funds for
    prize competitions under this section--

    [[Page 1114]]

    (A) conduct prize competitions to dramatically
    accelerate the development and commercialization of
    technology that improves spectrum efficiency and is
    capable of cost-effective deployment; and
    (B) define a measurable set of performance goals for
    participants in the prize competitions to demonstrate
    their solutions on a level playing field while making a
    significant advancement over the current state of the
    art.
    (2) Authority of secretary.--In carrying out paragraph (1),
    the Secretary may--
    (A) enter into a grant, contract, cooperative
    agreement, or other agreement with a private sector for-
    profit or nonprofit entity to administer the prize
    competitions;
    (B) invite the Defense Advanced Research Projects
    Agency, the Commission, the National Aeronautics and
    Space Administration, the National Science Foundation,
    or any other Federal agency to provide advice and
    assistance in the design or administration of the prize
    competitions; and
    (C) award not more than $5,000,000, in the
    aggregate, to the winner or winners of the prize
    competitions.

    (d) Criteria.--Not later than 180 days after the date on which funds
    for prize competitions are made available pursuant to this section, the
    Commission shall publish a technical paper on spectrum efficiency
    providing criteria that may be used for the design of the prize
    competitions.
    (e) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out this section.

    SEC. 620. <>  WIRELESS TELECOMMUNICATIONS
    TAX AND FEE COLLECTION FAIRNESS.

    (a) Short Title.--This section may be cited as the ``Wireless
    Telecommunications Tax and Fee Collection Fairness Act''.
    (b) Definitions.--In this section:
    (1) Financial transaction.--The term ``financial
    transaction'' means a transaction in which the purchaser or user
    of a wireless telecommunications service upon whom a tax, fee,
    or surcharge is imposed gives cash, credit, or any other
    exchange of monetary value or consideration to the person who is
    required to collect or remit the tax, fee, or surcharge.
    (2) Local jurisdiction.--The term ``local jurisdiction''
    means a political subdivision of a State.
    (3) State.--The term ``State'' means any of the several
    States, the District of Columbia, and any territory or
    possession of the United States.
    (4) State or local jurisdiction.--The term ``State or local
    jurisdiction'' includes any governmental entity or person acting
    on behalf of a State or local jurisdiction that has the
    authority to assess, impose, levy, or collect taxes or fees.
    (5) Wireless telecommunications service.--The term
    ``wireless telecommunications service'' means a commercial
    mobile radio service, as defined in section 20.3 of title 47,
    Code of Federal Regulations, or any successor thereto.

    (c) Financial Transaction Requirement.--
    (1) In general.--A State, or a local jurisdiction of a
    State, may not require a person who is neither a resident of
    such

    [[Page 1115]]

    State or local jurisdiction nor an entity having its principal
    place of business in such State or local jurisdiction to collect
    from, or remit on behalf of, any other person a State or local
    tax, fee, or surcharge imposed on a purchaser or user with
    respect to the purchase or use of any wireless
    telecommunications service within the State unless the
    collection or remittance is in connection with a financial
    transaction.
    (2) Rule of construction.--Nothing in this subsection shall
    be construed to affect the right of a State or local
    jurisdiction to require the collection of any tax, fee, or
    surcharge in connection with a financial transaction.

    (d) Enforcement.--
    (1) Private right of action.--Any person aggrieved by a
    violation of subsection (c) may bring a civil action in an
    appropriate district court of the United States for equitable
    relief in accordance with paragraph (2) of this subsection.
    (2) Jurisdiction of district courts.--Notwithstanding
    section 1341 of title 28, United States Code, or the
    constitution or laws of any State, the district courts of the
    United States shall have jurisdiction, without regard to the
    amount in controversy or citizenship of the parties, to grant
    such mandatory or prohibitive injunctive relief, interim
    equitable relief, and declaratory judgments as may be necessary
    to prevent, restrain, or terminate any acts in violation of
    subsection (c).

    SEC. 621. <>  RULES OF CONSTRUCTION.

    (a) Ranges of Frequencies.--Each range of frequencies described in
    this title shall be construed to be inclusive of the upper and lower
    frequencies in the range.
    (b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing in
    this title shall be construed to affect any requirement under section
    156 of the National Telecommunications and Information Administration
    Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of
    the National Defense Authorization Act for Fiscal Year 2000.

    SEC. 622. <>  RELATIONSHIP TO MIDDLE CLASS TAX
    RELIEF AND JOB CREATION ACT OF 2012.

    Nothing in this title shall be construed to limit, restrict, or
    circumvent in any way the implementation of the nationwide public safety
    broadband network defined in section 6001 of title VI of the Middle
    Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401) or any
    rules implementing that network under title VI of that Act (47 U.S.C.
    1401 et seq.).

    SEC. 623. <>  NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to be appropriated to carry out
    this title, or the amendments made by this title. This title, and the
    amendments made by this title, shall be carried out using amounts
    otherwise authorized.

    DIVISION Q--KEVIN <>  AND AVONTE'S LAW

    SECTION 1. SHORT TITLE.

    This division may be cited as the ``Kevin and Avonte's Law of
    2018''.

    [[Page 1116]]

    TITLE I--MISSING <>
    ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM REAUTHORIZATION

    SEC. 101. <>  SHORT TITLE.

    This title may be cited as the ``Missing Americans Alert Program Act
    of 2018''.

    SEC. 102. REAUTHORIZATION OF THE MISSING ALZHEIMER'S DISEASE PATIENT
    ALERT PROGRAM.

    (a) Amendments.--Section 240001 of the Violent Crime Control and Law
    Enforcement Act of 1994 (34 U.S.C. 12621) is amended--
    (1) in the section header, by striking ``alzheimer's disease
    patient'' and inserting ``americans'';
    (2) by striking subsection (a) and inserting the following:

    ``(a) Grant Program To Reduce Injury and Death of Missing Americans
    With Dementia and Developmental Disabilities.--Subject to the
    availability of appropriations to carry out this section, the Attorney
    General, through the Bureau of Justice Assistance and in consultation
    with the Secretary of Health and Human Services--
    ``(1) shall award competitive grants to health care
    agencies, State and local law enforcement agencies, or public
    safety agencies and nonprofit organizations to assist such
    entities in planning, designing, establishing, or operating
    locally based, proactive programs to prevent wandering and
    locate missing individuals with forms of dementia, such as
    Alzheimer's Disease, or developmental disabilities, such as
    autism, who, due to their condition, wander from safe
    environments, including programs that--
    ``(A) provide prevention and response information,
    including online training resources, and referrals to
    families or guardians of such individuals who, due to
    their condition, wander from a safe environment;
    ``(B) provide education and training, including
    online training resources, to first responders, school
    personnel, clinicians, and the public in order to--
    ``(i) increase the safety and reduce the
    incidence of wandering of persons, who, due to
    their dementia or developmental disabilities, may
    wander from safe environments;
    ``(ii) facilitate the rescue and recovery of
    individuals who, due to their dementia or
    developmental disabilities, wander from safe
    environments; and
    ``(iii) recognize and respond to and
    appropriately interact with endangered missing
    individuals with dementia or developmental
    disabilities who, due to their condition, wander
    from safe environments;
    ``(C) provide prevention and response training and
    emergency protocols for school administrators, staff,
    and families or guardians of individuals with dementia,
    such as Alzheimer's Disease, or developmental
    disabilities, such as autism, to help reduce the risk of
    wandering by such individuals; and

    [[Page 1117]]

    ``(D) develop, operate, or enhance a notification or
    communications systems for alerts, advisories, or
    dissemination of other information for the recovery of
    missing individuals with forms of dementia, such as
    Alzheimer's Disease, or with developmental disabilities,
    such as autism; and
    ``(2) shall award grants to health care agencies, State and
    local law enforcement agencies, or public safety agencies to
    assist such agencies in designing, establishing, and operating
    locative tracking technology programs for individuals with forms
    of dementia, such as Alzheimer's Disease, or children with
    developmental disabilities, such as autism, who have wandered
    from safe environments.'';
    (3) in subsection (b)--
    (A) by inserting ``competitive'' after ``to receive
    a'';
    (B) by inserting ``agency or'' before
    ``organization'' each place it appears; and
    (C) by adding at the end the following: ``The
    Attorney General shall periodically solicit applications
    for grants under this section by publishing a request
    for applications in the Federal Register and by posting
    such a request on the website of the Department of
    Justice.''; and
    (4) by striking subsections (c) and (d) and inserting the
    following:

    ``(c) Preference.--In awarding grants under subsection (a)(1), the
    Attorney General shall give preference to law enforcement or public
    safety agencies that partner with nonprofit organizations that
    appropriately use person-centered plans minimizing restrictive
    interventions and that have a direct link to individuals, and families
    of individuals, with forms of dementia, such as Alzheimer's Disease, or
    developmental disabilities, such as autism.
    ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $2,000,000 for each of fiscal
    years 2018 through 2022.
    ``(e) Grant Accountability.--All grants awarded by the Attorney
    General under this section shall be subject to the following
    accountability provisions:
    ``(1) Audit requirement.--
    ``(A) Definition.--In this paragraph, the term
    `unresolved audit finding' means a finding in the final
    audit report of the Inspector General of the Department
    of Justice that the audited grantee has utilized grant
    funds for an unauthorized expenditure or otherwise
    unallowable cost that is not closed or resolved within
    12 months from the date when the final audit report is
    issued.
    ``(B) Audits.--Beginning in the first fiscal year
    beginning after the date of enactment of this
    subsection, and in each fiscal year thereafter, the
    Inspector General of the Department of Justice shall
    conduct audits of recipients of grants under this
    section to prevent waste, fraud, and abuse of funds by
    grantees. The Inspector General shall determine the
    appropriate number of grantees to be audited each year.
    ``(C) Mandatory exclusion.--A recipient of grant
    funds under this section that is found to have an
    unresolved audit finding shall not be eligible to
    receive grant funds under this section during the first
    2 fiscal years beginning

    [[Page 1118]]

    after the end of the 12-month period described in
    subparagraph (A).
    ``(D) Priority.--In awarding grants under this
    section, the Attorney General shall give priority to
    eligible applicants that did not have an unresolved
    audit finding during the 3 fiscal years before
    submitting an application for a grant under this
    section.
    ``(E) Reimbursement.--If an entity is awarded grant
    funds under this section during the 2-fiscal-year period
    during which the entity is barred from receiving grants
    under subparagraph (C), the Attorney General shall--
    ``(i) deposit an amount equal to the amount of
    the grant funds that were improperly awarded to
    the grantee into the General Fund of the Treasury;
    and
    ``(ii) seek to recoup the costs of the
    repayment to the fund from the grant recipient
    that was erroneously awarded grant funds.
    ``(2) Nonprofit organization requirements.--
    ``(A) Definition of nonprofit organization.--For
    purposes of this paragraph and the grant programs under
    this section, the term `nonprofit organization' means an
    organization that is described in section 501(c)(3) of
    the Internal Revenue Code of 1986 and is exempt from
    taxation under section 501(a) of such Code.
    ``(B) Prohibition.--The Attorney General may not
    award a grant under this section to a nonprofit
    organization that holds money in offshore accounts for
    the purpose of avoiding paying the tax described in
    section 511(a) of the Internal Revenue Code of 1986.
    ``(C) Disclosure.--Each nonprofit organization that
    is awarded a grant under this section and uses the
    procedures prescribed in regulations to create a
    rebuttable presumption of reasonableness for the
    compensation of its officers, directors, trustees, and
    key employees, shall disclose to the Attorney General,
    in the application for the grant, the process for
    determining such compensation, including the independent
    persons involved in reviewing and approving such
    compensation, the comparability data used, and
    contemporaneous substantiation of the deliberation and
    decision. Upon request, the Attorney General shall make
    the information disclosed under this subparagraph
    available for public inspection.
    ``(3) Conference expenditures.--
    ``(A) Limitation.--No amounts made available to the
    Department of Justice under this section may be used by
    the Attorney General, or by any individual or entity
    awarded discretionary funds through a cooperative
    agreement under this section, to host or support any
    expenditure for conferences that uses more than $20,000
    in funds made available by the Department of Justice,
    unless the head of the relevant agency or department,
    provides prior written authorization that the funds may
    be expended to host the conference.
    ``(B) Written approval.--Written approval under
    subparagraph (A) shall include a written estimate of all
    costs associated with the conference, including the cost

    [[Page 1119]]

    of all food, beverages, audio-visual equipment,
    honoraria for speakers, and entertainment.
    ``(C) Report.--The Deputy Attorney General shall
    submit an annual report to the Committee on the
    Judiciary of the Senate and the Committee on the
    Judiciary of the House of Representatives on all
    conference expenditures approved under this paragraph.
    ``(4) Annual certification.--Beginning in the first fiscal
    year beginning after the date of enactment of this subsection,
    the Attorney General shall submit, to the Committee on the
    Judiciary and the Committee on Appropriations of the Senate and
    the Committee on the Judiciary and the Committee on
    Appropriations of the House of Representatives, an annual
    certification--
    ``(A) indicating whether--
    ``(i) all audits issued by the Office of the
    Inspector General under paragraph (1) have been
    completed and reviewed by the appropriate
    Assistant Attorney General or Director;
    ``(ii) all mandatory exclusions required under
    paragraph (1)(C) have been issued; and
    ``(iii) all reimbursements required under
    paragraph (1)(E) have been made; and
    ``(B) that includes a list of any grant recipients
    excluded under paragraph (1) from the previous year.

    ``(f) Preventing Duplicative Grants.--
    ``(1) In general.--Before the Attorney General awards a
    grant to an applicant under this section, the Attorney General
    shall compare potential grant awards with other grants awarded
    by the Attorney General to determine if grant awards are or have
    been awarded for a similar purpose.
    ``(2) Report.--If the Attorney General awards grants to the
    same applicant for a similar purpose the Attorney General shall
    submit to the Committee on the Judiciary of the Senate and the
    Committee on the Judiciary of the House of Representatives a
    report that includes--
    ``(A) a list of all such grants awarded, including
    the total dollar amount of any such grants awarded; and
    ``(B) the reason the Attorney General awarded
    multiple grants to the same applicant for a similar
    purpose.''.

    (b) <>  Annual Report.--Not later than 2 years
    after the date of enactment of this Act and every year thereafter, the
    Attorney General shall submit to the Committee on the Judiciary and the
    Committee on Appropriations of the Senate and the Committee on the
    Judiciary and the Committee on Appropriations of the House of
    Representatives a report on the Missing Americans Alert Program, as
    amended by subsection (a), which shall address--
    (1) the number of individuals who benefitted from the
    Missing Americans Alert Program, including information such as
    the number of individuals with reduced unsafe wandering, the
    number of people who were trained through the program, and the
    estimated number of people who were impacted by the program;
    (2) the number of State, local, and tribal law enforcement
    or public safety agencies that applied for funding under the
    Missing Americans Alert Program;

    [[Page 1120]]

    (3) the number of State, local, and tribal local law
    enforcement or public safety agencies that received funding
    under the Missing Americans Alert Program, including--
    (A) the number of State, local, and tribal law
    enforcement or public safety agencies that used such
    funding for training; and
    (B) the number of State, local, and tribal law
    enforcement or public safety agencies that used such
    funding for designing, establishing, or operating
    locative tracking technology;
    (4) the companies, including the location (city and State)
    of the headquarters and local offices of each company, for which
    their locative tracking technology was used by State, local, and
    tribal law enforcement or public safety agencies;
    (5) the nonprofit organizations, including the location
    (city and State) of the headquarters and local offices of each
    organization, that State, local, and tribal law enforcement or
    public safety agencies partnered with and the result of each
    partnership;
    (6) the number of missing children with autism or another
    developmental disability with wandering tendencies or adults
    with Alzheimer's being served by the program who went missing
    and the result of the search for each such individual; and
    (7) any recommendations for improving the Missing Americans
    Alert Program.

    (c) Table of Contents.--The table of contents in section 2 of the
    Violent Crime Control and Law Enforcement Act of 1994 is amended by
    striking the item relating to section 240001 and inserting the
    following:

    ``Sec. 240001. Missing Americans Alert Program.''.

    TITLE II--EDUCATION AND OUTREACH

    SEC. 201. ACTIVITIES BY THE NATIONAL CENTER FOR MISSING AND EXPLOITED
    CHILDREN.

    Section 404(b)(1)(H) of the Missing Children's Assistance Act (34
    U.S.C. 11293(b)(1)(H)) is amended by inserting ``, including cases
    involving children with developmental disabilities such as autism''
    before the semicolon.

    TITLE III--PRIVACY PROTECTIONS

    SEC. 301. <>  DEFINITIONS.

    In this title:
    (1) Child.--The term ``child'' means an individual who is
    less than 18 years of age.
    (2) Indian tribe.--The term ``Indian tribe'' has the meaning
    given that term in section 4(e) of the Indian Self-Determination
    and Education Assistance Act (25 U.S.C. 5304(e)).

    [[Page 1121]]

    (3) Law enforcement agency.--The term ``law enforcement
    agency'' means an agency of a State, unit of local government,
    or Indian tribe that is authorized by law or by a government
    agency to engage in or supervise the prevention, detection,
    investigation, or prosecution of any violation of criminal law.
    (4) Non-invasive and non-permanent.--The term ``non-invasive
    and non-permanent'' means, with regard to any technology or
    device, that the procedure to install the technology or device
    does not create an external or internal marker or implant a
    device, such as a microchip, or other trackable items.
    (5) State.--The term ``State'' means each of the 50 States,
    the District of Columbia, the Commonwealth of Puerto Rico, the
    United States Virgin Islands, American Samoa, Guam, and the
    Commonwealth of the Northern Mariana Islands.
    (6) Unit of local government.--The term ``unit of local
    government'' means a county, municipality, town, township,
    village, parish, borough, or other unit of general government
    below the State level.

    SEC. 302. <>  STANDARDS AND BEST PRACTICES FOR USE
    OF NON-INVASIVE AND NON-PERMANENT TRACKING DEVICES.

    (a) Establishment.--
    (1) In general.--Not later than 180 days after the date of
    enactment of this Act, the Attorney General, in consultation
    with the Secretary of Health and Human Services and leading
    research, advocacy, self-advocacy, and service organizations,
    shall establish standards and best practices relating to the use
    of non-invasive and non-permanent tracking technology, where a
    guardian or parent has determined that a non-invasive and non-
    permanent tracking device is the least restrictive alternative,
    to locate individuals as described in subsection (a)(2) of
    section 240001 of the Violent Crime Control and Law Enforcement
    Act of 1994 (34 U.S.C. 12621), as added by this Act.
    (2) Requirements.--In establishing the standards and best
    practices required under paragraph (1), the Attorney General
    shall--
    (A) determine--
    (i) the criteria used to determine which
    individuals would benefit from the use of a
    tracking device;
    (ii) the criteria used to determine who should
    have direct access to the tracking system; and
    (iii) which non-invasive and non-permanent
    types of tracking devices can be used in
    compliance with the standards and best practices;
    and
    (B) establish standards and best practices the
    Attorney General determines are necessary to the
    administration of a tracking system, including
    procedures to--
    (i) safeguard the privacy of the data used by
    the tracking device such that--
    (I) access to the data is restricted
    to law enforcement and health agencies
    determined necessary by the Attorney
    General; and
    (II) collection, use, and retention
    of the data is solely for the purpose of
    preventing injury to or death of the
    individual wearing the tracking device;

    [[Page 1122]]

    (ii) establish criteria to determine whether
    use of the tracking device is the least
    restrictive alternative in order to prevent risk
    of injury or death before issuing the tracking
    device, including the previous consideration of
    less restrictive alternatives;
    (iii) provide training for law enforcement
    agencies to recognize signs of abuse during
    interactions with applicants for tracking devices;
    (iv) protect the civil rights and liberties of
    the individuals who use tracking devices,
    including their rights under the Fourth Amendment
    to the Constitution of the United States and title
    VII of the Civil Rights Act of 1964 (42 U.S.C.
    2000e et seq.);
    (v) establish a complaint and investigation
    process to address--
    (I) incidents of noncompliance by
    recipients of grants under subsection
    (a)(2) of section 240001 of the Violent
    Crime Control and Law Enforcement Act of
    1994 (34 U.S.C. 12621), as added by this
    Act, with the best practices established
    by the Attorney General or other
    applicable law; and
    (II) use of a tracking device over
    the objection of an individual; and
    (vi) determine the role that State agencies
    should have in the administration of a tracking
    system.
    (3) Effective date.--The standards and best practices
    established pursuant to paragraph (1) shall take effect 90 days
    after publication of such standards and practices by the
    Attorney General.

    (b) Required Compliance.--
    (1) In general.--Each entity that receives a grant under
    subsection (a)(2) of section 240001 of the Violent Crime Control
    and Law Enforcement Act of 1994 (34 U.S.C. 12621), as added by
    this Act, shall comply with any standards and best practices
    relating to the use of tracking devices established by the
    Attorney General in accordance with subsection (a).
    (2) Determination of compliance.--The Attorney General, in
    consultation with the Secretary of Health and Human Services,
    shall determine whether an entity that receives a grant under
    subsection (a)(2) of section 240001 of the Violent Crime Control
    and Law Enforcement Act of 1994 (34 U.S.C. 12621), as added by
    this Act, acts in compliance with the standards and best
    practices described in paragraph (1).

    (c) Applicability of Standards and Best Practices.--The standards
    and best practices established by the Attorney General under subsection
    (a) shall apply only to the grant programs authorized under subsection
    (a)(2) of section 240001 of the Violent Crime Control and Law
    Enforcement Act of 1994 (34 U.S.C. 12621), as added by this Act.
    (d) Limitations on Program.--
    (1) Data storage.--Any tracking data provided by tracking
    devices issued under this program may not be used by a Federal
    entity to create a database.
    (2) Voluntary participation.--Nothing in this Act may be
    construed to require that a parent or guardian use a tracking
    device to monitor the location of a child or adult under that
    parent or guardian's supervision if the parent or guardian

    [[Page 1123]]

    does not believe that the use of such device is necessary or in
    the interest of the child or adult under supervision.

    DIVISION R--TARGET <>  ACT

    SECTION 1. SHORT TITLES.

    This division may be cited as the ``Targeted Rewards for the Global
    Eradication of Human Trafficking'' or the ``TARGET Act''.

    SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
    (1) Trafficking in persons is a major transnational crime,
    as recognized by the Trafficking Victims Protection Act of 2000
    (22 U.S.C. 7101 et seq.; division A of Public Law 106-386).
    (2) Trafficking in persons is increasingly perpetrated by
    organized, sophisticated criminal enterprises.
    (3) Combating trafficking in persons requires a global
    approach to identifying and apprehending the world's worst human
    trafficking rings.

    (b) Sense of Congress.--It is the sense of Congress that the
    Department of State's rewards program is a powerful tool in combating
    sophisticated international crime and that the Department of State and
    Federal law enforcement should work in concert to offer rewards that
    target human traffickers who prey on the most vulnerable people around
    the world.

    SEC. 3. REWARDS FOR JUSTICE.

    Section 36(k)(5) of the State Department Basic Authorities Act of
    1956 (22 U.S.C. 2708(k)(5)) is amended--
    (1) in the matter preceding subparagraph (A), by striking
    ``means'';
    (2) by redesignating subparagraphs (A) and (B) as clauses
    (i) and (ii), respectively, and moving such clauses, as
    redesignated, 2 ems to the right;
    (3) by inserting before clause (i), as redesignated, the
    following:
    ``(A) means--'';
    (4) in clause (ii), as redesignated, by striking the period
    at the end and inserting ``; and''; and
    (5) by adding at the end following:
    ``(B) includes severe forms of trafficking in
    persons (as defined in section 103 of the Trafficking
    Victims Protection Act of 2000 (22 U.S.C. 7102))
    involving at least 1 jurisdiction outside of the United
    States.''.

    DIVISION S--OTHER MATTER

    TITLE I--CHILD PROTECTION IMPROVEMENTS ACT

    SEC. 101. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND CRIMINAL
    HISTORY REVIEW PROGRAM.

    (a) In General.--The National Child Protection Act of 1993 (34
    U.S.C. 40101 et seq.) is amended--
    (1) in section 3 (34 U.S.C. 40102)--

    [[Page 1124]]

    (A) by striking ``provider'' each place it appears
    and inserting ``covered individual'';
    (B) by striking ``provider's'' each place it appears
    and inserting ``covered individual's'';
    (C) by amending subsection (a)(3) to read as
    follows:

    ``(3)(A) The Attorney General shall establish a program, in
    accordance with this section, to provide qualified entities located in
    States that do not have in effect procedures described in paragraph (1),
    or qualified entities located in States that do not prohibit the use of
    the program established under this paragraph, with access to national
    criminal history background checks on, and criminal history reviews of,
    covered individuals. In any case where the use of a Federal national
    criminal history background check program is required pursuant to
    Federal law as of the effective date of this subparagraph, the program
    under this subparagraph may not be used.
    ``(B) A qualified entity described in subparagraph (A) may submit to
    the appropriate designated entity a request for a national criminal
    history background check on, and a criminal history review of, a covered
    individual. Qualified entities making a request under this paragraph
    shall comply with the guidelines set forth in subsection (b), and with
    any additional applicable procedures set forth by the Attorney General
    or by the State in which the entity is located.'';
    (D) in subsection (b)--
    (i) in paragraph (1)(E), by striking
    ``unsupervised'';
    (ii) by amending paragraph (2) to read as
    follows:
    ``(2) that the State, or in a State that does not have in
    effect procedures described in subsection (a)(1), the designated
    entity, ensures that--
    ``(A) each covered individual who is the subject of
    a background check under subsection (a) is entitled to
    obtain a copy of any background check report;
    ``(B) each covered individual who is the subject of
    a background check under subsection (a) is provided a
    process by which the covered individual may appeal the
    results of the background check to challenge the
    accuracy or completeness of the information contained in
    the background report of the covered individual and
    obtain a prompt determination as to the validity of such
    challenge before a final determination is made by the
    authorized agency;
    ``(C)(i) each covered individual described in
    subparagraph (B) is given notice of the opportunity to
    appeal;
    ``(ii) each covered individual described in
    subparagraph (B) will receive instructions on how to
    complete the appeals process if the covered individual
    wishes to challenge the accuracy or completeness of the
    information contained in the background report of the
    covered individual; and
    ``(iii) the appeals process is completed in a timely
    manner for each covered individual described in
    subparagraph (B);
    ``(iv) the appeals process is consistent with title
    VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
    seq.); and
    ``(D) an authorized agency, upon receipt of a
    background check report lacking disposition data, shall
    conduct

    [[Page 1125]]

    research in whatever State and local recordkeeping
    systems are available in order to obtain complete
    data;'';
    (iii) in paragraph (3), by inserting ``or
    designated entity, as applicable,'' after
    ``authorized agency''; and
    (iv) in paragraph (4), by inserting ``or
    designated entity, as applicable,'' after
    ``authorized agency'';
    (E) in subsection (d), by inserting ``, nor shall
    any designated entity nor any officer or employee
    thereof,'' after ``officer or employee thereof,'';
    (F) by amending subsection (e) to read as follows:

    ``(e) Fees.--
    ``(1) State program.--In the case of a background check
    conducted pursuant to a State requirement adopted after December
    20, 1993, conducted with fingerprints on a covered individual,
    the fees collected by authorized State agencies and the Federal
    Bureau of Investigation may not exceed the actual cost of the
    background check conducted with fingerprints.
    ``(2) Federal program.--In the case of a national criminal
    history background check and criminal history review conducted
    pursuant to the procedures established pursuant to subsection
    (a)(3), the fees collected by a designated entity shall be set
    at a level that will ensure the recovery of the full costs of
    providing all such services. The designated entity shall remit
    the appropriate portion of such fee to the Attorney General,
    which amount is in accordance with the amount published in the
    Federal Register to be collected for the provision of a criminal
    history background check by the Federal Bureau of Investigation.
    ``(3) Ensuring fees do not discourage volunteers.--A fee
    system under this subsection shall be established in a manner
    that ensures that fees to qualified entities for background
    checks do not discourage volunteers from participating in
    programs to care for children, the elderly, or individuals with
    disabilities. A fee charged to a qualified entity that is not
    organized under section 501(c)(3) of the Internal Revenue Code
    of 1986 may not be less than the total sum of the costs of the
    Federal Bureau of Investigation and the designated entity.'';
    and
    (G) by inserting after subsection (e) the following:

    ``(f) National Criminal History Background Check and Criminal
    History Review Program.--
    ``(1) National criminal history background check.--Upon a
    designated entity receiving notice of a request submitted by a
    qualified entity pursuant to subsection (a)(3), the designated
    entity shall forward the request to the Attorney General, who
    shall, acting through the Director of the Federal Bureau of
    Investigation, complete a fingerprint-based check of the
    national criminal history background check system, and provide
    the information received in response to such national criminal
    history background check to the appropriate designated entity.
    The designated entity may, upon request from a qualified entity,
    complete a check of a State criminal history database.
    ``(2) Criminal history review.--
    ``(A) Designated entities.--The Attorney General
    shall designate, and enter into an agreement with, one
    or more entities to make determinations described in

    [[Page 1126]]

    subparagraph (B). The Attorney General may not designate
    and enter into an agreement with a Federal agency under
    this subparagraph.
    ``(B) Determinations.--A designated entity shall,
    upon the receipt of the information described in
    paragraph (1), make a determination of fitness described
    in subsection (b)(4), using the criteria described in
    subparagraph (C).
    ``(C) Criminal history review criteria.--The
    Attorney General shall, by rule, establish the criteria
    for use by designated entities in making a determination
    of fitness described in subsection (b)(4). Such criteria
    shall be based on the criteria established pursuant to
    section 108(a)(3)(G)(i) of the Prosecutorial Remedies
    and Other Tools to end the Exploitation of Children
    Today Act of 2003 (34 U.S.C. 40102 note) and section
    658H of the Child Care and Development Block Grant Act
    of 1990 (42 U.S.C. 9858f).''; and
    (2) in section 5 (34 U.S.C. 40104)--
    (A) by amending paragraph (9) to read as follows:
    ``(9) the term `covered individual' means an individual--
    ``(A) who has, seeks to have, or may have access to
    children, the elderly, or individuals with disabilities,
    served by a qualified entity; and
    ``(B) who--
    ``(i) is employed by or volunteers with, or
    seeks to be employed by or volunteer with, a
    qualified entity; or
    ``(ii) owns or operates, or seeks to own or
    operate, a qualified entity;'';
    (B) in paragraph (10), by striking ``and'' at the
    end;
    (C) in paragraph (11), by striking the period at the
    end and inserting ``; and''; and
    (D) by inserting after paragraph (11) the following:
    ``(12) the term `designated entity' means an entity
    designated by the Attorney General under section 3(f)(2)(A).''.

    (b) <>  Implementation.--The Attorney
    General shall ensure that this section and the amendments made by this
    section are fully implemented not later than 1 year after the date of
    enactment of this section.

    TITLE II--SAVE AMERICA'S PASTIME ACT

    SEC. 201. APPLICATION OF THE FAIR LABOR STANDARDS ACT OF 1938 TO MINOR
    LEAGUE BASEBALL PLAYERS.

    (a) In General.--Section 13(a) of the Fair Labor Standards Act of
    1938 (29 U.S.C. 213(a)) is amended--
    (1) in paragraph (18), by striking the period and inserting
    ``; or''; and
    (2) by adding at the end the following:
    ``(19) any employee employed to play baseball who is
    compensated pursuant to a contract that provides for a weekly
    salary for services performed during the league's championship
    season (but not spring training or the off season) at a rate
    that is not less than a weekly salary equal to the minimum wage
    under section 6(a) for a workweek of 40 hours, irrespective

    [[Page 1127]]

    of the number of hours the employee devotes to baseball related
    activities.''.

    (b) <>  Effective Date.--This section, and
    the amendments made by this section, shall take effect on the date of
    enactment of this Act.

    TITLE III--KEEP <>  YOUNG
    ATHLETES SAFE ACT

    SEC. 301. <>  SHORT TITLE.

    This title may be cited as the ``Keep Young Athletes Safe Act of
    2018''.

    SEC. 302. GRANT TO PROTECT YOUNG ATHLETES FROM ABUSE.

    (a) In General.--Chapter 2205 of title 36, United States Code, is
    amended by adding at the end the following:

    ``SUBCHAPTER III-- <> GRANT <>  TO KEEP YOUNG ATHLETES SAFE

    ``Sec. 220531. <>  Grant to protect young athletes
    from abuse

    ``(a) Authority.--The Attorney General may award a grant to an
    eligible nonprofit nongovernmental entity in order to support oversight
    of the United States Olympic Committee, each national governing body,
    and each paralympic sports organization with regard to safeguarding
    amateur athletes against abuse, including emotional, physical, and
    sexual abuse in sports.
    ``(b) Applications.--To be eligible to receive a grant under this
    section, a nonprofit nongovernmental entity shall submit an application
    to the Attorney General at such time, in such manner, and containing
    such information as the Attorney General may require, including
    information that demonstrates that the entity has--
    ``(1) nationally recognized expertise in preventing and
    investigating emotional, physical, and sexual abuse in the
    athletic programs of the United States Olympic Committee, each
    national governing body, and each paralympic sports
    organization; and
    ``(2) the capacity to oversee regular and random audits to
    ensure that the policies and procedures used by the United
    States Olympic Committee, each national governing body, and each
    paralympic sports organization to prevent and identify the abuse
    of an amateur athlete are followed correctly.

    ``(c) Use of Grant Amount.--An entity that receives a grant under
    this section may use such funds--
    ``(1) to develop and test new training materials for
    emotional, physical, and sexual abuse prevention and
    identification education in youth athletic programs;
    ``(2) for staff salaries, travel expenses, equipment,
    printing, and other reasonable expenses necessary to develop,
    maintain, and disseminate to the United States Olympic
    Committee, each national governing body, each paralympic sports
    organization, and other amateur sports organizations information
    about safeguarding amateur athletes against abuse, including
    emotional, physical, and sexual abuse in sports; and

    [[Page 1128]]

    ``(3) to oversee the administration of the procedures
    described in subsection (b)(2).

    ``(d) Authorization of Appropriations.--
    ``(1) In general.--There is authorized to be appropriated to
    carry out this section $2,500,000 for each of the fiscal years
    2018 through 2022.
    ``(2) Availability of grant funds.--Funds appropriated under
    this section shall remain available until expended.''.

    (b) Clerical Amendment.--The table of sections for chapter 2205 of
    title 36, United States Code, <>  is amended
    by inserting after the item related to section 220529 the following:

    ``subchapter iii--grant to keep young athletes safe

    ``220531. Grant to protect young athletes from abuse.''.

    TITLE IV--CONSENT OF CONGRESS TO AMENDMENTS TO THE CONSTITUTION OF THE
    STATE OF ARIZONA

    SEC. 401. CONSENT OF CONGRESS TO AMENDMENTS TO THE CONSTITUTION OF THE
    STATE OF ARIZONA.

    Congress consents to the amendments to the Constitution of the State
    of Arizona proposed by House Concurrent Resolution 2001 of the 52nd
    Legislature of the State of Arizona, First Special Session, 2015,
    entitled ``A Concurrent Resolution Proposing an Amendment to the
    Constitution of Arizona; Amending Article X, Section 7, Constitution of
    Arizona; Amending Article XI, Constitution of Arizona, by Adding Section
    11; Relating to Education Finance'', approved by the voters of the State
    of Arizona at the special election held on May 17, 2016.

    TITLE V--STOP <>  SCHOOL VIOLENCE ACT

    SEC. 501. SHORT TITLE.

    This title may be cited as the ``Student, Teachers, and Officers
    Preventing School Violence Act of 2018'' or the ``STOP School Violence
    Act of 2018''.

    SEC. 502. GRANT PROGRAM FOR SCHOOL SECURITY.

    Part AA of title I of the Omnibus Crime Control and Safe Streets Act
    of 1968 (34 U.S.C. 10551 et seq.) is amended--
    (1) in section 2701 (34 U.S.C. 10551)--
    (A) by striking subsection (a) and inserting the
    following:

    ``(a) In General.--
    ``(1) COPS grants.--The Director of the Office of Community
    Oriented Policing Services (referred to in this part as the
    `COPS Director') is authorized to make grants to States, units
    of local government, and Indian tribes for the purposes
    described in paragraphs (5) through (9) of subsection (b).
    ``(2) BJA grants.--The Director of the Bureau of Justice
    Assistance (referred to in this part as the `BJA Director') is
    authorized to make grants to States, units of local government,
    and Indian tribes for the purposes described in paragraphs (1)
    through (4) of subsection (b).'';

    [[Page 1129]]

    (B) in subsection (b)--
    (i) in the matter preceding paragraph (1), by
    inserting ``evidence-based school safety programs
    that may include'' after ``through''; and
    (ii) by striking paragraphs (1) through (6)
    and inserting the following:
    ``(1) Training school personnel and students to prevent
    student violence against others and self.
    ``(2) The development and operation of anonymous reporting
    systems for threats of school violence, including mobile
    telephone applications, hotlines, and Internet websites.
    ``(3) The development and operation of--
    ``(A) school threat assessment and intervention
    teams that may include coordination with law enforcement
    agencies and school personnel; and
    ``(B) specialized training for school officials in
    responding to mental health crises.
    ``(4) Any other measure that, in the determination of the
    BJA Director, may provide a significant improvement in training,
    threat assessments and reporting, and violence prevention.
    ``(5) Coordination with local law enforcement.
    ``(6) Training for local law enforcement officers to prevent
    student violence against others and self.
    ``(7) Placement and use of metal detectors, locks, lighting,
    and other deterrent measures.
    ``(8) Acquisition and installation of technology for
    expedited notification of local law enforcement during an
    emergency.
    ``(9) Any other measure that, in the determination of the
    COPS Director, may provide a significant improvement in
    security.'';
    (C) by redesignating subsections (c) through (f) as
    subsections (e) through (h), respectively;
    (D) by inserting after subsection (b) the following:

    ``(c) Contracts and Subawards.--A State, unit of local government,
    or Indian tribe may, in using a grant under this part for purposes
    authorized under subsection (b), use the grant to contract with or make
    1 or more subawards to 1 or more--
    ``(1) local educational agencies;
    ``(2) nonprofit organizations, excluding schools; or
    ``(3) units of local government or tribal organizations.

    ``(d) Services and Benefits for Schools.--An entity that receives a
    subaward or contract under subsection (c) may use such funds to provide
    services or benefits described under subsection (b) to 1 or more
    schools.'';
    (E) in subsection (e), as so redesignated--
    (i) by striking ``Director'' and inserting
    ``COPS Director and the BJA Director'';
    (ii) by striking ``and has'' and inserting
    ``has''; and
    (iii) by inserting before the period at the
    end the following: ``, and will use evidence-based
    strategies and programs, such as those identified
    by the Comprehensive School Safety Initiative of
    the Department of Justice'';
    (F) in subsection (f), as so redesignated--
    (i) in paragraph (1), by striking ``50
    percent'' and inserting ``75 percent''; and

    [[Page 1130]]

    (ii) in paragraph (3), by striking ``Director
    may'' and inserting ``COPS Director and the BJA
    Director may each'';
    (G) in subsection (g), as so redesignated, by
    striking ``Director shall'' and inserting ``COPS
    Director and the BJA shall each''; and
    (H) in subsection (h), as so redesignated, by
    striking ``Director may'' and inserting ``COPS Director
    and the BJA Director may each'';
    (2) in section 2702 (34 U.S.C. 10552)--
    (A) in subsection (a)--
    (i) in the matter preceding paragraph (1)--
    (I) by striking ``the Director'' the
    first place it appears and inserting
    ``the COPS Director or the BJA Director,
    as the case may be,''; and
    (II) by striking ``the Director
    may'' and inserting ``the COPS Director
    or the BJA Director may'';
    (ii) in paragraph (1)(B), by striking ``and''
    at the end;
    (iii) in paragraph (2)--
    (I) in the matter preceding
    subparagraph (A), by striking ``child
    psychologists'' and inserting ``licensed
    mental health professionals''; and
    (II) in subparagraph (B), by
    striking the period at the end and
    inserting a semicolon; and
    (iv) by adding at the end the following:
    ``(3) include an assurance that the applicant shall maintain
    and report such data, records, and information (programmatic and
    financial) as the COPS Director or the BJA Director may
    reasonably require;
    ``(4) include a certification, made in a form acceptable to
    the COPS Director or the BJA Director, as the case may be,
    that--
    ``(A) the programs to be funded by the grant meet
    all the requirements of this part;
    ``(B) all the information contained in the
    application is correct; and
    ``(C) the applicant will comply with all provisions
    of this part and all other applicable Federal laws.'';
    and
    (B) in subsection (b)--
    (i) by striking ``this part'' and inserting
    ``the STOP School Violence Act of 2018''; and
    (ii) by striking ``Director shall'' and
    inserting ``COPS Director and the BJA Director
    shall each'';
    (3) in section 2703 (34 U.S.C. 10553)--
    (A) in the section heading, by inserting after
    ``congress'' the following: ``; grant
    accountability'';
    (B) by striking ``Not later'' and inserting the
    following:

    ``(a) Annual Report.--Not later'';
    (C) by striking ``Director shall'' and inserting
    ``COPS Director and the BJA Director shall each''; and
    (D) by adding at the end the following:

    ``(b) Grant Accountability.--Section 3026 (relating to grant
    accountability) shall apply to grants awarded by the COPS Director and
    the BJA Director under this part. For purposes of the preceding
    sentence, any references in section 3026 to the Attorney General

    [[Page 1131]]

    shall be considered references to the COPS Director or the BJA Director,
    as appropriate, and any references in that section to part LL shall be
    considered references to part AA.'';
    (4) in section 2704 (34 U.S.C. 10554)--
    (A) in paragraph (1)--
    (i) by striking ``a public'' and inserting
    ``an''; and
    (ii) by inserting ``, including a Bureau-
    funded school (as defined in section 1141 of the
    Education Amendments of 1978 (25 U.S.C. 2021))''
    after ``secondary school'';
    (B) in paragraph (2), by striking ``and'' at the
    end;
    (C) in paragraph (3), by striking the period at the
    end and inserting a semicolon; and
    (D) by adding at the end the following:
    ``(4) the term `evidence-based' means a program, practice,
    technology, or equipment that--
    ``(A) demonstrates a statistically significant
    effect on relevant outcomes based on--
    ``(i) strong evidence from not less than 1
    well-designed and well-implemented experimental
    study;
    ``(ii) moderate evidence from not less than 1
    well-designed and well-implemented quasi-
    experimental study; or
    ``(iii) promising evidence from not less than
    1 well-designed and well-implemented correlational
    study with statistical controls for selection
    bias;
    ``(B) demonstrates a rationale based on high-quality
    research findings or positive evaluation that such
    program, practice, technology, or equipment is likely to
    improve relevant outcomes, and includes ongoing efforts
    to examine the effects of the program, practice,
    technology, or equipment; or
    ``(C) in the case of technology or equipment,
    demonstrates that use of the technology or equipment
    is--
    ``(i) consistent with best practices for
    school security, including--
    ``(I) applicable standards for
    school security established by a Federal
    or State government agency; and
    ``(II) findings and recommendations
    of public commissions and task forces
    established to make recommendations or
    set standards for school security; and
    ``(ii) compliant with all applicable codes,
    including building and life safety codes; and
    ``(5) the term `tribal organization' has the same meaning
    given the term in section 4(l) of the Indian Self-Determination
    and Education Assistance Act (25 U.S.C. 5304(l)).'';
    (5) by striking section 2705 <>  and
    inserting the following:

    ``SEC. 2705. <>  AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated--
    ``(1) $75,000,000 for fiscal year 2018, of which--
    ``(A) $50,000,000 shall be made available to the BJA
    Director to carry out this part; and
    ``(B) $25,000,000 shall be made available to the
    COPS Director to carry out this part; and

    [[Page 1132]]

    ``(2) $100,000,000 for each of fiscal years 2019 through
    2028, of which, for each fiscal year--
    ``(A) $67,000,000 shall be made available to the BJA
    Director to carry out this part; and
    ``(B) $33,000,000 shall be made available to the
    COPS Director to carry out this part.

    ``(b) Offset.--Any funds appropriated for the Comprehensive School
    Safety Initiative of the National Institute of Justice in fiscal year
    2018 shall instead be used for the purposes in subsection (a).''; and
    (6) by adding at the end the following:

    ``SEC. 2706. <>  RULES OF CONSTRUCTION.

    ``(a) No Funds To Provide Firearms or Training.--No amounts provided
    as a grant under this part may be used for the provision to any person
    of a firearm or training in the use of a firearm.
    ``(b) No Effect on Other Laws.--Nothing in this part may be
    construed to preclude or contradict any other provision of law
    authorizing the provision of firearms or training in the use of
    firearms.''.

    TITLE VI--FIX <>  NICS ACT

    SEC. 601. <>  SHORT TITLE.

    This title may be cited as the ``Fix NICS Act of 2018''.

    SEC. 602. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS AND AGENCIES.

    Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
    40901) is amended--
    (1) in subsection (e)(1), by adding at the end the
    following:
    ``(F) Semiannual certification and reporting.--
    ``(i) In general.--The head of each Federal
    department or agency shall submit a semiannual
    written certification to the Attorney General
    indicating whether the department or agency is in
    compliance with the record submission requirements
    under subparagraph (C).
    ``(ii) Submission dates.--The head of a
    Federal department or agency shall submit a
    certification to the Attorney General under clause
    (i)--
    ``(I) not later than July 31 of each
    year, which shall address all relevant
    records, including those that have not
    been transmitted to the Attorney
    General, in possession of the department
    or agency during the period beginning on
    January 1 of the year and ending on June
    30 of the year; and
    ``(II) not later than January 31 of
    each year, which shall address all
    relevant records, including those that
    have not been transmitted to the
    Attorney General, in possession of the
    department or agency during the period
    beginning on July 1 of the previous year
    and ending on December 31 of the
    previous year.
    ``(iii) Contents.--A certification required
    under clause (i) shall state, for the applicable
    period--

    [[Page 1133]]

    ``(I) the total number of records of
    the Federal department or agency
    demonstrating that a person falls within
    one of the categories described in
    subsection (g) or (n) of section 922 of
    title 18, United States Code;
    ``(II) for each category of records
    described in subclause (I), the total
    number of records of the Federal
    department or agency that have been
    provided to the Attorney General; and
    ``(III) the efforts of the Federal
    department or agency to ensure complete
    and accurate reporting of relevant
    records, including efforts to monitor
    compliance and correct any reporting
    failures or inaccuracies.
    ``(G) Implementation plan.--
    ``(i) In general.--Not later than 1 year after
    the date of enactment of this subparagraph, the
    head of each Federal department or agency, in
    coordination with the Attorney General, shall
    establish a plan to ensure maximum coordination
    and automated reporting or making available of
    records to the Attorney General as required under
    subparagraph (C), and the verification of the
    accuracy of those records, including the pre-
    validation of those records, where appropriate,
    during a 4-year period specified in the plan. The
    records shall be limited to those of an individual
    described in subsection (g) or (n) of section 922
    of title 18, United States Code.
    ``(ii) Benchmark requirements.--Each plan
    established under clause (i) shall include annual
    benchmarks to enable the Attorney General to
    assess implementation of the plan, including--
    ``(I) qualitative goals and
    quantitative measures;
    ``(II) measures to monitor internal
    compliance, including any reporting
    failures and inaccuracies;
    ``(III) a needs assessment,
    including estimated compliance costs;
    and
    ``(IV) an estimated date by which
    the Federal department or agency will
    fully comply with record submission
    requirements under subparagraph (C).
    ``(iii) Compliance determination.--Not later
    than the end of each fiscal year beginning after
    the date of the establishment of a plan under
    clause (i), the Attorney General shall determine
    whether the applicable Federal department or
    agency has achieved substantial compliance with
    the benchmarks included in the plan.
    ``(H) Accountability.--The Attorney General shall
    publish, including on the website of the Department of
    Justice, and submit to the Committee on the Judiciary
    and the Committee on Appropriations of the Senate and
    the Committee on the Judiciary and the Committee on
    Appropriations of the House of Representatives a
    semiannual report that discloses--

    [[Page 1134]]

    ``(i) the name of each Federal department or
    agency that has failed to submit a required
    certification under subparagraph (F);
    ``(ii) the name of each Federal department or
    agency that has submitted a required certification
    under subparagraph (F), but failed to certify
    compliance with the record submission requirements
    under subparagraph (C);
    ``(iii) the name of each Federal department or
    agency that has failed to submit an implementation
    plan under subparagraph (G);
    ``(iv) the name of each Federal department or
    agency that is not in substantial compliance with
    an implementation plan under subparagraph (G);
    ``(v) a detailed summary of the data, broken
    down by department or agency, contained in the
    certifications submitted under subparagraph (F);
    ``(vi) a detailed summary of the contents and
    status, broken down by department or agency, of
    the implementation plans established under
    subparagraph (G); and
    ``(vii) the reasons for which the Attorney
    General has determined that a Federal department
    or agency is not in substantial compliance with an
    implementation plan established under subparagraph
    (G).
    ``(I) Noncompliance penalties.--For each of fiscal
    years 2019 through 2022, each political appointee of a
    Federal department or agency that has failed to certify
    compliance with the record submission requirements under
    subparagraph (C), and is not in substantial compliance
    with an implementation plan established under
    subparagraph (G), shall not be eligible for the receipt
    of bonus pay, excluding overtime pay, until the
    department or agency--
    ``(i) certifies compliance with the record
    submission requirements under subparagraph (C); or
    ``(ii) achieves substantial compliance with an
    implementation plan established under subparagraph
    (G).
    ``(J) Technical assistance.--The Attorney General
    may use funds made available for the national instant
    criminal background check system established under
    subsection (b) to provide technical assistance to a
    Federal department or agency, at the request of the
    department or agency, in order to help the department or
    agency comply with the record submission requirements
    under subparagraph (C).
    ``(K) Application to federal courts.--For purposes
    of this paragraph--
    ``(i) the terms `department or agency of the
    United States' and `Federal department or agency'
    include a Federal court; and
    ``(ii) the Director of the Administrative
    Office of the United States Courts shall perform,
    for a Federal court, the functions assigned to the
    head of a department or agency.''; and

    [[Page 1135]]

    (2) in subsection (g), by adding at the end the following:
    ``For purposes of the preceding sentence, not later than 60 days
    after the date on which the Attorney General receives such
    information, the Attorney General shall determine whether or not
    the prospective transferee is the subject of an erroneous record
    and remove any records that are determined to be erroneous. In
    addition to any funds made available under subsection (k), the
    Attorney General may use such sums as are necessary and
    otherwise available for the salaries and expenses of the Federal
    Bureau of Investigation to comply with this subsection.''.

    SEC. 603. REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT PROGRAM.

    (a) Requirements To Obtain Waiver.--Section 102 of the NICS
    Improvement Amendments Act of 2007 (34 U.S.C. 40912) is amended--
    (1) in subsection (a), in the first sentence--
    (A) by striking ``the Crime Identification
    Technology Act of 1988 (42 U.S.C. 14601)'' and inserting
    ``section 102 of the Crime Identification Technology Act
    of 1998 (34 U.S.C. 40301)''; and
    (B) by inserting ``is in compliance with an
    implementation plan established under subsection (b)
    or'' before ``provides at least 90 percent of the
    information described in subsection (c)''; and
    (2) in subsection (b)(1)(B), by inserting ``or has
    established an implementation plan under section 107'' after
    ``the Attorney General''.

    (b) Implementation Assistance to States.--Section 103 of the NICS
    Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended--
    (1) in subsection (b)(3), by inserting before the semicolon
    at the end the following: ``, including through increased
    efforts to pre-validate the contents of those records to
    expedite eligibility determinations'';
    (2) in subsection (e)--
    (A) in paragraph (1)--
    (i) by striking ``and''; and
    (ii) by inserting before the period at the end
    the following: ``, and $125,000,000 for each of
    fiscal years 2018 through 2022''; and
    (B) by striking paragraph (2) and inserting the
    following--
    ``(2) Domestic abuse and violence prevention initiative.--
    ``(A) Establishment.--For each of fiscal years 2018
    through 2022, the Attorney General shall create a
    priority area under the NICS Act Record Improvement
    Program (commonly known as `NARIP') for a Domestic Abuse
    and Violence Prevention Initiative that emphasizes the
    need for grantees to identify and upload all felony
    conviction records and domestic violence records.
    ``(B) Funding.--The Attorney General--
    ``(i) may use not more than 50 percent of the
    amounts made available under this subsection for
    each

    [[Page 1136]]

    of fiscal years 2018 through 2022 to carry out the
    initiative described in subparagraph (A); and
    ``(ii) shall give a funding preference under
    NARIP to States that--
    ``(I) have established an
    implementation plan under section 107;
    and
    ``(II) will use amounts made
    available under this subparagraph to
    improve efforts to identify and upload
    all felony conviction records and
    domestic violence records described in
    clauses (i), (v), and (vi) of section
    102(b)(1)(C) by not later than September
    30, 2022.''; and
    (3) by adding at the end the following:

    ``(g) Technical Assistance.--The Attorney General shall direct the
    Office of Justice Programs, the Bureau of Alcohol, Tobacco, Firearms,
    and Explosives, and the Federal Bureau of Investigation to--
    ``(1) assist States that are not currently eligible for
    grants under this section to achieve compliance with all
    eligibility requirements; and
    ``(2) provide technical assistance and training services to
    grantees under this section.''.

    SEC. 604. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY IMPROVEMENT
    PROGRAM.

    (a) State Grant Program for Criminal Justice Identification,
    Information, and Communication.--Section 102 of the Crime Identification
    Technology Act of 1998 (34 U.S.C. 40301) is amended--
    (1) in subsection (a)(3)--
    (A) by redesignating subparagraphs (C), (D), and (E)
    as subparagraphs (D), (E), and (F), respectively; and
    (B) by inserting after subparagraph (B) the
    following:
    ``(C) identification of all individuals who have
    been convicted of a crime punishable by imprisonment for
    a term exceeding 1 year'';
    (2) in subsection (b)(6)--
    (A) by striking ``(18 U.S.C. 922 note)'' and
    inserting ``(34 U.S.C. 40901(b))''; and
    (B) by inserting before the semicolon at the end the
    following: ``, including through increased efforts to
    pre-validate the contents of felony conviction records
    and domestic violence records to expedite eligibility
    determinations, and measures and resources necessary to
    establish and achieve compliance with an implementation
    plan under section 107 of the NICS Improvement
    Amendments Act of 2007'';
    (3) in subsection (d), by inserting after ``unless'' the
    following: ``the State has achieved compliance with an
    implementation plan under section 107 of the NICS Improvement
    Amendments Act of 2007 or''; and
    (4) in subsection (e)(1), by striking ``2002 through 2007''
    and inserting ``2018 through 2022''.

    (b) Grants for the Improvement of Criminal Records.--Section
    106(b)(1) of the Brady Handgun Violence Prevention Act (34 U.S.C.
    40302(1)) is amended--
    (1) in the matter preceding subparagraph (A)--

    [[Page 1137]]

    (A) by striking ``as of the date of enactment of
    this Act'' and inserting ``, as of the date of enactment
    of the Fix NICS Act of 2018,''; and
    (B) by striking ``files,'' and inserting the
    following: ``files and that will utilize funding under
    this subsection to prioritize the identification and
    transmittal of felony conviction records and domestic
    violence records,'';
    (2) in subparagraph (B), by striking ``and'' at the end;
    (3) in subparagraph (C)--
    (A) by striking ``upon establishment of the national
    system,''; and
    (B) by striking the period at the end and inserting
    ``; and''; and
    (4) by adding at the end the following--
    ``(D) to establish and achieve compliance with an
    implementation plan under section 107 of the NICS
    Improvement Amendments Act of 2007.''.

    SEC. 605. IMPROVING INFORMATION SHARING WITH THE STATES.

    (a) In General.--Title I of the NICS Improvement Amendments Act of
    2007 (34 U.S. 40911 et seq.) is amended by adding at the end the
    following:

    ``SEC. 107. <>  IMPLEMENTATION PLAN.

    ``(a) In General.--Not later than 1 year after the date of enactment
    of the Fix NICS Act of 2018, the Attorney General, in coordination with
    the States and Indian tribal governments, shall establish, for each
    State or Indian tribal government, a plan to ensure maximum coordination
    and automation of the reporting or making available of appropriate
    records to the National Instant Criminal Background Check System
    established under section 103 of the Brady Handgun Violence Prevention
    Act (34 U.S.C. 40901) and the verification of the accuracy of those
    records during a 4-year period specified in the plan. The records shall
    be limited to those of an individual described in subsection (g) or (n)
    of section 922 of title 18, United States Code
    ``(b) Benchmark Requirements.--Each plan established under this
    section shall include annual benchmarks to enable the Attorney General
    to assess the implementation of the plan, including--
    ``(1) qualitative goals and quantitative measures; and
    ``(2) a needs assessment, including estimated compliance
    costs.

    ``(c) Compliance Determination.--Not later than the end of each
    fiscal year beginning after the date of the establishment of an
    implementation plan under this section, the Attorney General shall
    determine whether each State or Indian tribal government has achieved
    substantial compliance with the benchmarks included in the plan.
    ``(d) Accountability.--The Attorney General--
    ``(1) shall disclose and publish, including on the website
    of the Department of Justice--
    ``(A) the name of each State or Indian tribal
    government that received a determination of failure to
    achieve substantial compliance with an implementation
    plan under subsection (c) for the preceding fiscal year;
    and
    ``(B) a description of the reasons for which the
    Attorney General has determined that the State or Indian
    tribal government is not in substantial compliance with
    the

    [[Page 1138]]

    implementation plan, including, to the greatest extent
    possible, a description of the types and amounts of
    records that have not been submitted; and
    ``(2) if a State or Indian tribal government described in
    paragraph (1) subsequently receives a determination of
    substantial compliance, shall--
    ``(A) immediately correct the applicable record; and
    ``(B) not later than 3 days after the determination,
    remove the record from the website of the Department of
    Justice and any other location where the record was
    published.

    ``(e) Incentives.--For each of fiscal years 2018 through 2022, the
    Attorney General shall give affirmative preference to all Bureau of
    Justice Assistance discretionary grant applications of a State or Indian
    tribal government that received a determination of substantial
    compliance under subsection (c) for the fiscal year in which the grant
    was solicited.''.
    (b) Table of Contents.--The table of contents in section 1(b) of the
    NICS Improvement Amendments Act of 2007 (Public Law 110-180; 121 Stat.
    2559) is amended by inserting after the item relating to section 106 the
    following:

    ``Sec. 107. Implementation plan.''.

    TITLE VII--STATE SEXUAL RISK AVOIDANCE EDUCATION PROGRAM

    SEC. 701. FULL PAYMENT BY SECRETARY FOR STATE SEXUAL RISK AVOIDANCE
    EDUCATION PROGRAM.

    (a) In General.--Paragraph (1) of section 510(d) of the Social
    Security Act (42 U.S.C. 710(d)) is amended by inserting before the
    period at the end the following: ``, except that section 503(a) shall be
    applied by substituting `the total of the sums' for `four-sevenths of
    the total of the sums' ''.
    (b) Technical Corrections.--Section 510(a)(1)(A) of the Social
    Security Act (42 U.S.C. 710(a)(1)(A)) is amended--
    (1) by striking ``subsection (e)(1)'' and inserting
    ``subsection (f)(1)''; and
    (2) by striking ``subsection (e)(2)'' and inserting
    ``subsection (f)(2)''.

    TITLE VIII--SMALL <>
    BUSINESS CREDIT AVAILABILITY ACT

    SEC. 801. <>  SHORT TITLE.

    This title may be cited as the ``Small Business Credit Availability
    Act''.

    SEC. 802. EXPANDING ACCESS TO CAPITAL FOR BUSINESS DEVELOPMENT
    COMPANIES.

    (a) In General.--Section 61(a) of the Investment Company Act of 1940
    (15 U.S.C. 80a-60(a)) is amended--
    (1) by redesignating paragraphs (2) through (4) as
    paragraphs (3) through (5), respectively; and

    [[Page 1139]]

    (2) by striking paragraph (1) and inserting the following:
    ``(1) Except as provided in paragraph (2), the asset
    coverage requirements of subparagraphs (A) and (B) of section
    18(a)(1) (and any related rule promulgated under this Act)
    applicable to business development companies shall be 200
    percent.
    ``(2) The asset coverage requirements of subparagraphs (A)
    and (B) of section 18(a)(1) and of subparagraphs (A) and (B) of
    section 18(a)(2) (and any related rule promulgated under this
    Act) applicable to a business development company shall be 150
    percent if--
    ``(A) not later than 5 business days after the date
    on which those asset coverage requirements are approved
    under subparagraph (D) of this paragraph, the business
    development company discloses that the requirements were
    approved, and the effective date of the approval, in--
    ``(i) any filing submitted to the Commission
    under section 13(a) or 15(d) of the Securities
    Exchange Act of 1934 (15 U.S.C. 78m(a); 78o(d));
    and
    ``(ii) a notice on the website of the business
    development company;
    ``(B) the business development company discloses, in
    each periodic filing required under section 13(a) of the
    Securities Exchange Act of 1934 (15 U.S.C. 78m(a))--
    ``(i) the aggregate outstanding principal
    amount or liquidation preference, as applicable,
    of the senior securities issued by the business
    development company and the asset coverage
    percentage as of the date of the business
    development company's most recent financial
    statements included in that filing;
    ``(ii) that the business development company,
    under subparagraph (D), has approved the asset
    coverage requirements under this paragraph; and
    ``(iii) the effective date of the approval
    described in clause (ii);
    ``(C) with respect to a business development company
    that is an issuer of common equity securities, each
    periodic filing of the company required under section
    13(a) of the Securities Exchange Act of 1934 (15 U.S.C.
    78m(a)) includes disclosures that are reasonably
    designed to ensure that shareholders are informed of--
    ``(i) the amount of senior securities (and the
    associated asset coverage ratios) of the company,
    determined as of the date of the most recent
    financial statements of the company included in
    that filing; and
    ``(ii) the principal risk factors associated
    with the senior securities described in clause
    (i), to the extent that risk is incurred by the
    company; and
    ``(D) the company--
    ``(i)(I) through a vote of the required
    majority (as defined in section 57(o)), approves
    the application of this paragraph to the company,
    to become effective on the date that is 1 year
    after the date of the approval; or
    ``(II) obtains, at a special or annual meeting
    of shareholders or partners at which a quorum is
    present, the approval of more than 50 percent of
    the votes

    [[Page 1140]]

    cast for the application of this paragraph to the
    company, to become effective on the first day
    after the date of the approval; and
    ``(ii) if the company is not an issuer of
    common equity securities that are listed on a
    national securities exchange, extends, to each
    person that is a shareholder as of the date of an
    approval described in subclause (I) or (II) of
    clause (i), as applicable, the opportunity (which
    may include a tender offer) to sell the securities
    held by that shareholder as of that applicable
    approval date, with 25 percent of those securities
    to be repurchased in each of the 4 calendar
    quarters following the calendar quarter in which
    that applicable approval date takes place.''.

    (b) Conforming Amendments.--
    (1) Investment advisers act of 1940.--Section 205(b)(3) of
    the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(b)(3)) is
    amended--
    (A) by striking ``section 61(a)(3)(B)(iii)'' and
    inserting ``section 61(a)(4)(B)(iii)''; and
    (B) by striking ``section 61(a)(3)(B)'' and
    inserting ``section 61(a)(4)(B)''.
    (2) Investment company act of 1940.--The Investment Company
    Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended--
    (A) in section 57 (15 U.S.C. 80a-56)--
    (i) in subsection (j)(1), by striking
    ``section 61(a)(3)(B)'' and inserting ``section
    61(a)(4)(B)''; and
    (ii) in subsection (n)(2), by striking
    ``section 61(a)(3)(B)'' and inserting ``section
    61(a)(4)(B)''; and
    (B) in section 63(3) (15 U.S.C. 80a-62(3)), by
    striking ``section 61(a)(3)'' and inserting ``section
    61(a)(4)''.

    SEC. 803. <>  PARITY FOR BUSINESS DEVELOPMENT
    COMPANIES REGARDING OFFERING AND PROXY RULES.

    (a) Definitions.--In this section--
    (1) the term ``business development company'' has the
    meaning given the term in section 2(a) of the Investment Company
    Act of 1940 (15 U.S.C. 80a-2(a));
    (2) the term ``Commission'' means the Securities and
    Exchange Commission;
    (3) the term ``Form N-2'' means the form described in
    section 239.14 of title 17, Code of Federal Regulations;
    (4) the term ``Form S-3'' means the form described in
    section 239.13 of title 17, Code of Federal Regulations; and
    (5) the term ``Schedule 14A'' means the information required
    under section 240.14a-101 of title 17, Code of Federal
    Regulations.

    (b) Revision to Rules.--
    (1) In general.--Not later than 1 year after the date of
    enactment of this Act, the Commission shall make the revisions
    described in paragraph (2) to allow a business development
    company that has filed an election under section 54 of the
    Investment Company Act of 1940 (15 U.S.C. 80a-53) to use the
    securities offering and proxy rules that are available to other
    issuers that are required to file reports under section 13(a) or
    section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
    78m(a); 78o(d)).

    [[Page 1141]]

    (2) Required revisions.--The revisions described in this
    paragraph are revisions to--
    (A) section 230.405 of title 17, Code of Federal
    Regulations--
    (i) to remove the exclusion of a business
    development company from the definition of the
    term ``well-known seasoned issuer'' under that
    section; and
    (ii) to add a registration statement filed on
    Form N-2 to the definition of the term ``automatic
    shelf registration statement'' under that section;
    (B) sections 230.168 and 230.169 of title 17, Code
    of Federal Regulations, to remove the exclusion of a
    business development company from an issuer that is
    eligible for the exemptions under those sections;
    (C) section 230.163 of title 17, Code of Federal
    Regulations, to remove a business development company
    from the list of issuers that are ineligible for the
    exemption under that section;
    (D) section 230.163A of title 17, Code of Federal
    Regulations, to remove the communications made by a
    business development company from the list of
    communications that are ineligible for the exemption
    under that section;
    (E) section 230.134 of title 17, Code of Federal
    Regulations, to remove the exclusion of a communication
    relating to a business development company from the
    application of that section;
    (F) sections 230.138 and 230.139 of title 17, Code
    of Federal Regulations, to specifically include a
    business development company as an issuer to which those
    sections apply;
    (G) section 230.156 of title 17, Code of Federal
    Regulations, to provide that nothing in that section may
    be construed to prevent a business development company
    from qualifying for an exemption under section 230.168
    or 230.169 of title 17, Code of Federal Regulations, as
    amended by the Commission in accordance with the
    requirements of this section;
    (H) section 230.164 of title 17, Code of Federal
    Regulations, to remove a business development company
    from the list of issuers that are excluded under that
    section;
    (I) section 230.433 of title 17, Code of Federal
    Regulations, to specifically include a business
    development company that is a well-known seasoned issuer
    as an issuer to which that section applies;
    (J) section 230.415 of title 17, Code of Federal
    Regulations to state that the registration for
    securities under section 230.415(a)(1)(x) of title 17,
    Code of Federal Regulations, includes securities
    registered on Form N-2 by a business development company
    that would otherwise meet the eligibility requirements
    of Form S-3;
    (K) section 230.497 of title 17, Code of Federal
    Regulations, to include a process for a business
    development company to file a form of prospectus in the
    same manner as the process for filing a form of
    prospectus under section 230.424(b) of title 17, Code of
    Federal Regulations;
    (L) sections 230.172 and 230.173 of title 17, Code
    of Federal Regulations, to remove the exclusion of an
    offering

    [[Page 1142]]

    of a business development company from the application
    of those sections;
    (M) section 230.418 of title 17, Code of Federal
    Regulations, to provide that a business development
    company that would otherwise meet the eligibility
    requirements of Form S-3 shall be exempt from paragraph
    (a)(3) of that section;
    (N) Schedule 14A to revise item 13(b)(1) of that
    Schedule to include a business development company that
    would otherwise meet the requirements of note E of that
    Schedule as an issuer to which that item applies;
    (O) section 243.103 of title 17, Code of Federal
    Regulations, to provide that paragraph (a) of that
    section applies for the purposes of Form N-2; and
    (P) item 34 on Form N-2 to require a business
    development company to provide undertakings that are no
    more restrictive than the undertakings that are required
    of a registrant under section 229.512 of title 17, Code
    of Federal Regulations.

    (c) Revision to Form N-2.--Not later than 1 year after the date of
    enactment of this Act, the Commission shall revise Form N-2--
    (1) to include an item or instruction that is similar to
    item 12 on Form S-3 to provide that a business development
    company that would otherwise meet the requirements of Form S-3
    shall incorporate by reference the reports and documents filed
    by the business development company under the Securities
    Exchange Act of 1934 (15 U.S.C. 78a et seq.) into the
    registration statement of the business development company filed
    on Form N-2; and
    (2) to include an item or instruction that is similar to the
    instruction regarding automatic shelf offerings by well-known
    seasoned issuers on Form S-3 to provide that a business
    development company that is a well-known seasoned issuer may
    file automatic shelf offerings on Form N-2.

    (d) Treatment if Revisions Not Completed in Timely Manner.--If the
    Commission fails to complete the revisions required under subsections
    (b) and (c) by the dates described in those subsections, a business
    development company, during the period beginning on the date that is 1
    day after 1 year after the date of enactment of this Act and ending on
    the date that the Commission completes those revisions, may deem those
    revisions to have been completed in accordance with the actions required
    to be taken by the Commission under those subsections.
    (e) Rules of Construction.--
    (1) Treatment of successor regulations and forms.--Any
    reference in this section to a regulation or form shall be
    construed as a reference to--
    (A) that regulation or form, as in effect on the day
    before the date of enactment of this Act; or
    (B) any successor to that regulation or form.
    (2) Distribution of sales material.--Nothing in this
    section, or in the amendments made pursuant to the requirements
    of this section, may be construed to prevent a business
    development company from distributing sales material under
    section 230.482 of title 17, Code of Federal Regulations.

    [[Page 1143]]

    TITLE IX--SMALL <>  BUSINESS ACCESS TO CAPITAL AFTER A NATURAL DISASTER ACT

    SEC. 901. <>  SHORT TITLE.

    This title may be cited as the ``Small Business Access to Capital
    After a Natural Disaster Act''.

    SEC. 902. EXPANDING ACCESS TO CAPITAL FOR SMALL BUSINESSES IMPACTED BY A
    NATURAL DISASTER.

    Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
    amended--
    (1) in subsection (j)(4)(C), by striking ``minority-owned
    and women-owned small businesses'' and inserting ``minority-
    owned small businesses, women-owned small businesses, and small
    businesses affected by hurricanes or other natural disasters'';
    and
    (2) in subsection (j)(6)(B)(iii), by striking ``minority-
    owned and women-owned small businesses'' and inserting
    ``minority-owned small businesses, women-owned small businesses,
    and small businesses affected by hurricanes or other natural
    disasters''.

    TITLE X--TAYLOR <>  FORCE ACT

    SEC. 1001. <>  SHORT TITLE.

    This title may be cited as the ``Taylor Force Act''.

    SEC. 1002. <>  FINDINGS.

    Congress makes the following findings:
    (1) The Palestinian Authority's practice of paying salaries
    to terrorists serving in Israeli prisons, as well as to the
    families of deceased terrorists, is an incentive to commit acts
    of terror.
    (2) The United States does not provide direct budgetary
    support to the Palestinian Authority. The United States does pay
    certain debts held by the Palestinian Authority and funds
    programs for which the Palestinian Authority would otherwise be
    responsible.
    (3) The United States Government supports community-based
    programs in the West Bank and Gaza that provide for basic human
    needs, such as food, water, health, shelter, protection,
    education, and livelihoods, and that promote peace and
    development.
    (4) Since fiscal year 2015, annual appropriations
    legislation has mandated the reduction of Economic Support Fund
    aid for the Palestinian Authority as a result of their payments
    for acts of terrorism including, in fiscal year 2017, a
    reduction ``by an amount the Secretary determines is equivalent
    to the amount expended by the Palestinian Authority, the
    Palestine Liberation Organization, and any successor or
    affiliated organizations with such entities as payments for acts
    of terrorism by individuals who are imprisoned after being
    fairly tried and convicted for acts of terrorism and by
    individuals who died committing acts of terrorism during the
    previous calendar year''.

    [[Page 1144]]

    SEC. 1003. SENSE OF CONGRESS.

    Congress--
    (1) calls on the Palestinian Authority, the Palestine
    Liberation Organization, and any successor or affiliated
    organizations to stop payments for acts of terrorism by
    individuals who are imprisoned after being fairly tried and
    convicted for acts of terrorism and by individuals who died
    committing acts of terrorism and to repeal the laws authorizing
    such payments;
    (2) calls on all donor countries providing budgetary
    assistance to the Palestinian Authority to cease direct
    budgetary support until the Palestinian Authority stops all
    payments incentivizing terror;
    (3) urges the Palestinian Authority to develop programs to
    provide essential public services and support to any individual
    in need within its jurisdictional control, rather than to
    provide payments contingent on perpetrating acts of violence;
    (4) urges the United States Permanent Representative to the
    United Nations to use the voice, vote, and influence of the
    United States at the United Nations to highlight the issue of
    Palestinian Authority payments for acts of terrorism and to urge
    other Member States to apply pressure upon the Palestinian
    Authority to immediately cease such payments; and
    (5) urges the Department of State to use its bilateral and
    multilateral engagements with all governments and organizations
    committed to the cause of peace between Israel and the
    Palestinians to highlight the issue of Palestinian Authority
    payments for acts of terrorism and to urge such governments and
    organizations to join the United States in calling on the
    Palestinian Authority to immediately cease such payments.

    SEC. 1004. <>  LIMITATION ON ASSISTANCE TO THE
    WEST BANK AND GAZA.

    (a) Limitation.--
    (1) In general.--Funds authorized to be appropriated or
    otherwise made available for assistance under chapter 4 of part
    II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
    seq.; relating to Economic Support Fund) and available for
    assistance for the West Bank and Gaza that directly benefits the
    Palestinian Authority may only be made available for such
    purpose if, except as provided in subsection (d), not later than
    30 days after the date of the enactment of this Act, and every
    180 days thereafter, the Secretary of State certifies in writing
    to the appropriate congressional committees that the Palestinian
    Authority, the Palestine Liberation Organization, and any
    successor or affiliated organizations--
    (A) are taking credible steps to end acts of
    violence against Israeli citizens and United States
    citizens that are perpetrated or materially assisted by
    individuals under their jurisdictional control, such as
    the March 2016 attack that killed former United States
    Army officer Taylor Force, a veteran of the wars in Iraq
    and Afghanistan;
    (B) have terminated payments for acts of terrorism
    against Israeli citizens and United States citizens to
    any individual, after being fairly tried, who has been
    imprisoned for such acts of terrorism and to any
    individual who died committing such acts of terrorism,
    including to a family member of such individuals;

    [[Page 1145]]

    (C) have revoked any law, decree, regulation, or
    document authorizing or implementing a system of
    compensation for imprisoned individuals that uses the
    sentence or period of incarceration of an individual
    imprisoned for an act of terrorism to determine the
    level of compensation paid, or have taken comparable
    action that has the effect of invalidating any such law,
    decree, regulation, or document; and
    (D) are publicly condemning such acts of violence
    and are taking steps to investigate or are cooperating
    in investigations of such acts to bring the perpetrators
    to justice.
    (2) Additional certification requirement.--The Secretary of
    State shall include in the certification required under
    paragraph (1) the definition of ``acts of terrorism'' that the
    Secretary used for purposes of making the determination in
    subparagraph (B) of such paragraph.

    (b) Exception.--
    (1) In general.--Subject to paragraph (2), the limitation on
    assistance under subsection (a) shall not apply to--
    (A) payments made to the East Jerusalem Hospital
    Network;
    (B) assistance for wastewater projects not exceeding
    $5,000,000 in any one fiscal year; and
    (C) assistance for any other program, project, or
    activity that provides vaccinations to children not
    exceeding $500,000 in any one fiscal year.
    (2) Notification.--The Secretary of State shall notify in
    writing the appropriate congressional committees not later than
    15 days prior to making funds available for assistance under
    subparagraph (A), (B), or (C) of paragraph (1).

    (c) Rule of Construction.--Funds withheld pursuant to this section--
    (1) shall be deemed to satisfy any similar withholding or
    reduction required under any other provision of law relating to
    the Palestinian Authority's payments for acts of terrorism; and
    (2) shall be in an amount that is not less than the total
    amount required by such other provision of law.

    (d) Initial Use and Disposition of Withheld Funds.--
    (1) Period of availability.--Funds withheld pursuant to this
    section are authorized to remain available for an additional 2
    years from the date on which the availability of such funds
    would otherwise have expired.
    (2) Use of funds.--Funds withheld pursuant to this section
    may be made available for assistance for the West Bank and Gaza
    that directly benefits the Palestinian Authority upon a
    certification by the Secretary of State that the Palestinian
    Authority, the Palestine Liberation Organization, and any
    successor or affiliated organizations have met the conditions
    set forth in subsection (a). Except as provided in paragraph
    (3), such funds may not be made available for any purpose other
    than for assistance for the West Bank and Gaza that directly
    benefits the Palestinian Authority.

    [[Page 1146]]

    (3) Disposition of unused funds.--Beginning on the date that
    is 180 days after the last day on which the initial availability
    of funds withheld pursuant to this section would otherwise have
    expired, such funds are authorized to be made available to the
    Department of State for assistance under chapter 4 of part II of
    the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.;
    relating to Economic Support Fund) in the following manner--
    (A) 50 percent for purposes of assistance other than
    that deemed benefiting the Palestinian Authority; and
    (B) 50 percent for purposes other than assistance
    for the West Bank and Gaza.

    (e) Report.--
    (1) In general.--If the Secretary of State is unable to
    certify in writing to the appropriate congressional committees
    that the Palestinian Authority, the Palestine Liberation
    Organization, and any successor or affiliated organizations have
    met the conditions described in subsection (a), the Secretary
    shall, not later than 15 days after the date on which the
    Secretary is unable to make such certification, submit to the
    appropriate congressional committees a report that contains the
    following:
    (A) The reasons why the Secretary was unable to
    certify in writing that such organizations have met such
    requirements.
    (B) The definition of ``acts of terrorism'' that the
    Secretary used for purposes of making the determination
    in subparagraph (B) of subsection (a)(1).
    (C) The total amount of funds to be withheld.
    (2) Form.--The report required by this subsection shall be
    submitted in unclassified form but may include a classified
    annex.

    (f) List of Criteria.--
    (1) In general.--Not later than 15 days after the date of
    the enactment of this Act, the Secretary of State shall submit
    to the appropriate congressional committees a list of the
    criteria that the Secretary uses to determine whether assistance
    for the West Bank and Gaza is assistance that directly benefits
    the Palestinian Authority for purposes of carrying out this
    section.
    (2) Update.--The Secretary of State shall submit to the
    appropriate congressional committees an updated list under
    paragraph (1) not later than 15 days after the date on which the
    Secretary makes any modification to the list.

    SEC. 1005. INITIAL REPORT.

    (a) In General.--Not later than 60 days after the date of the
    enactment of this Act, the Secretary of State shall submit to the
    appropriate congressional committees a report describing those programs,
    projects, and activities funded by the United States Government that
    have been or will be suspended by reason of withholding of funds under
    section 1004.
    (b) Form.--The report required by subsection (a) shall be submitted
    in unclassified form but may include a classified annex.

    SEC. 1006. ANNUAL REPORT.

    (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, and annually thereafter for 6 years,

    [[Page 1147]]

    the Secretary of State shall submit to the appropriate congressional
    committees a report including at a minimum the following elements:
    (1) An estimate of the amount expended by the Palestinian
    Authority, the Palestine Liberation Organization, and any
    successor or affiliated organizations during the previous
    calendar year as payments for acts of terrorism by individuals
    who are imprisoned for such acts.
    (2) An estimate of the amount expended by the Palestinian
    Authority, the Palestine Liberation Organization, and any
    successor or affiliated organizations during the previous
    calendar year as payments to the families of deceased
    individuals who committed an act of terrorism.
    (3) An overview of Palestinian laws, decrees, regulations,
    or documents in effect the previous calendar year that authorize
    or implement any payments reported under paragraphs (1) and (2).
    (4) A description of United States Government policy,
    efforts, and engagement with the Palestinian Authority in order
    to confirm the revocation of any law, decree, regulation, or
    document in effect the previous calendar year that authorizes or
    implements any payments reported under paragraphs (1) and (2).
    (5) A description of United States Government policy,
    efforts, and engagement with other governments, and at the
    United Nations, to highlight the issue of Palestinian payments
    for acts of terrorism and to urge other nations to join the
    United States in calling on the Palestinian Authority to
    immediately cease such payments.

    (b) Form of Report.--The report required by subsection (a) shall be
    submitted in unclassified form but may include a classified annex.

    SEC. 1007. <>  APPROPRIATE CONGRESSIONAL
    COMMITTEES DEFINED.

    In this title, the term ``appropriate congressional committees''
    means--
    (1) the Committee on Appropriations and the Committee on
    Foreign Affairs of the House of Representatives; and
    (2) the Committee on Appropriations and the Committee on
    Foreign Relations of the Senate.

    TITLE XI--FARM <>  ACT

    SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Fair Agricultural Reporting Method
    Act'' or the ``FARM Act''.

    SEC. 1102. EXEMPTIONS FROM CERTAIN NOTICE REQUIREMENTS AND PENALTIES.

    Section 103 of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (42 U.S.C. 9603) is amended by
    striking subsection (e) and inserting the following:
    ``(e) Applicability to Registered Pesticide Products and Air
    Emissions From Animal Waste at Farms.--
    ``(1) In general.--This section shall not apply to--
    ``(A) the application of a pesticide product
    registered under the Federal Insecticide, Fungicide, and
    Rodenticide Act (7 U.S.C. 136 et seq.) or the handling
    and storage

    [[Page 1148]]

    of such a pesticide product by an agricultural producer;
    or
    ``(B) air emissions from animal waste (including
    decomposing animal waste) at a farm.
    ``(2) Definitions.--In this subsection:
    ``(A) Animal waste.--
    ``(i) In general.--The term `animal waste'
    means feces, urine, or other excrement, digestive
    emission, urea, or similar substances emitted by
    animals (including any form of livestock, poultry,
    or fish).
    ``(ii) Inclusions.--The term `animal waste'
    includes animal waste that is mixed or commingled
    with bedding, compost, feed, soil, or any other
    material typically found with such waste.
    ``(B) Farm.--The term `farm' means a site or area
    (including associated structures) that--
    ``(i) is used for--
    ``(I) the production of a crop; or
    ``(II) the raising or selling of
    animals (including any form of
    livestock, poultry, or fish); and
    ``(ii) under normal conditions, produces
    during a farm year any agricultural products with
    a total value equal to not less than $1,000.''.

    SEC. 1103 <> . APPLICATION.

    Nothing in this title or an amendment made by this title affects, or
    supersedes or modifies the responsibility or authority of any Federal
    official or employee to comply with or enforce, any requirement under
    the Comprehensive Environmental Response, Compensation, and Liability
    Act of 1980 (42 U.S.C. 9601 et seq.), other than the hazardous substance
    notification requirements under section 103 of that Act (42 U.S.C. 9603)
    with respect to air emissions from animal waste at farms.

    TITLE XII--TIPPED EMPLOYEES

    SEC. 1201. TIPPED EMPLOYEES.

    (a) Prohibition on Keeping Tips.--Section 3(m) of the Fair Labor
    Standards Act of 1938 (29 U.S.C. 203(m)) is amended--
    (1) by redesignating paragraphs (1) and (2) as clauses (i)
    and (ii), respectively;
    (2) by inserting ``(1)'' after ``(m)'';
    (3) by striking ``any employee. In determining'' and
    inserting the following: ``any employee.

    ``(2)(A) In determining'';
    (4) in clause (ii) of paragraph (2)(A) (as so redesignated),
    by striking ``paragraph (1)'' and inserting ``clause (i)''; and
    (5) by adding at the end the following:

    ``(B) An employer may not keep tips received by its employees for
    any purposes, including allowing managers or supervisors to keep any
    portion of employees' tips, regardless of whether or not the employer
    takes a tip credit.''.
    (b) Penalties.--Section 16 of the Fair Labor Standards Act of 1938
    (29 U.S.C. 216) is amended--
    (1) in subsection (b)--

    [[Page 1149]]

    (A) by inserting after the second sentence the
    following: ``Any employer who violates section
    3(m)(2)(B) shall be liable to the employee or employees
    affected in the amount of the sum of any tip credit
    taken by the employer and all such tips unlawfully kept
    by the employer, and in an additional equal amount as
    liquidated damages.''; and
    (B) by striking ``either of'';
    (2) in subsection (c), by adding at the end the following:
    ``The authority and requirements described in this subsection
    shall apply with respect to a violation of section 3(m)(2)(B),
    as appropriate, and the employer shall be liable for the amount
    of the sum of any tip credit taken by the employer and all such
    tips unlawfully kept by the employer, and an additional equal
    amount as liquidated damages.''; and
    (3) in subsection (e)(2), by adding at the end the
    following: ``Any person who violates section 3(m)(2)(B) shall be
    subject to a civil penalty not to exceed $1,100 for each such
    violation, as the Secretary determines appropriate, in addition
    to being liable to the employee or employees affected for all
    tips unlawfully kept, and an additional equal amount as
    liquidated damages, as described in subsection (b).''.

    (c) <>  Effect on Regulations.--The portions
    of the final rule promulgated by the Department of Labor entitled
    ``Updating Regulations Issued Under the Fair Labor Standards Act'' (76
    Fed. Reg. 18832 (April 5, 2011)) that revised sections 531.52, 531.54,
    and 531.59 of title 29, Code of Federal Regulations (76 Fed. Reg. 18854-
    18856) and that are not addressed by section 3(m) of the Fair Labor
    Standards Act of 1938 (29 U.S.C. 203(m)) (as such section was in effect
    on April 5, 2011), shall have no further force or effect until any
    future action taken by the Administrator of the Wage and Hour Division
    of the Department of Labor.

    TITLE XIII--REVISIONS TO PASS-THROUGH PERIOD AND PAYMENT RULES

    SEC. 1301. REVISIONS TO PASS-THROUGH PERIOD AND PAYMENT RULES UNDER OPPS
    FOR CERTAIN NEW DRUGS AND BIOLOGICALS.

    (a) Revisions to Pass-through Period and Payment Rules.--
    (1) In general.--Section 1833(t)(6) of the Social Security
    Act (42 U.S.C. 1395l(t)(6)) is amended--
    (A) in subparagraph (C)(i), in the matter preceding
    subclause (I), by striking ``The payment'' and inserting
    ``Subject to subparagraph (G), the payment'';
    (B) in subparagraph (D)(i), by inserting ``subject
    to subparagraph (H),'' before ``in the case''; and
    (C) by adding at the end the following new
    subparagraphs:
    ``(G) Pass-through extension for certain drugs and
    biologicals.--In the case of a drug or biological whose
    period of pass-through status under this paragraph ended
    on December 31, 2017, and for which payment under this
    subsection was packaged into a payment for a covered

    [[Page 1150]]

    OPD service (or group of services) furnished beginning
    January 1, 2018, such pass-through status shall be
    extended for a 2-year period beginning on October 1,
    2018.
    ``(H) Temporary payment rule for certain drugs and
    biologicals.--In the case of a drug or biological whose
    period of pass-through status under this paragraph ended
    on December 31, 2017, and for which payment under this
    subsection was packaged into a payment for a covered OPD
    service (or group of services) furnished beginning
    January 1, 2018, the payment amount for such drug or
    biological under this subsection that is furnished
    during the period beginning on October 1, 2018, and
    ending on March 31, 2019, shall be the greater of--
    ``(i) the payment amount that would otherwise
    apply under subparagraph (D)(i) for such drug or
    biological during such period; or
    ``(ii) the payment amount that applied under
    such subparagraph (D)(i) for such drug or
    biological on December 31, 2017.
    ``(I) Special payment adjustment rules for last
    quarter of 2018.--In the case of a drug or biological
    whose period of pass-through status under this paragraph
    ended on December 31, 2017, and for which payment under
    this subsection was packaged into a payment amount for a
    covered OPD service (or group of services) beginning
    January 1, 2018, the following rules shall apply with
    respect to payment amounts under this subsection for
    covered a OPD service (or group of services) furnished
    during the period beginning on October 1, 2018, and
    ending on December 31, 2018:
    ``(i) The Secretary shall remove the packaged
    costs of such drug or biological (as determined by
    the Secretary) from the payment amount under this
    subsection for the covered OPD service (or group
    of services) with which it is packaged.
    ``(ii) The Secretary shall not make any
    adjustments to payment amounts under this
    subsection for a covered OPD service (or group of
    services) for which no costs were removed under
    clause (i).''.
    (2) Nonapplication of limit on aggregate annual adjustment
    for 2018.--Section 1833(t)(6)(E)(i) of the Social Security Act
    (42 U.S.C. 1395l(t)(6)(E)(i)) is amended by adding at the end
    the following new sentence: ``This clause shall not apply for
    2018.''.
    (3) Implementation <> .--
    Notwithstanding any other provision of law, the Secretary of
    Health and Human Services may implement the amendments made by
    paragraphs (1) and (2) by program instruction or otherwise.

    (b) GAO Study and Report.--
    (1) In general.--The Comptroller General of the United
    States (in this subsection referred to as the ``Comptroller
    General'') shall conduct a study on the policy for packaging
    high cost drugs and biologicals after their pass-through status
    under subsection (t)(6) of section 1833 of the Social Security
    Act (42 U.S.C. 1395l) has expired under the payment systems for
    hospital outpatient department services under section subsection
    (t) of such section and for surgical services furnished

    [[Page 1151]]

    in an ambulatory surgical center under subsection (i) of such
    section. Such study shall include an analysis of--
    (A) the impact of such policy on--
    (i) the utilization of such drugs and
    biologicals;
    (ii) the availability of treatment options,
    including consultations with physicians and
    hospitals; and
    (iii) to the extent practicable, the health
    outcomes of Medicare beneficiaries; and
    (B) the impact of the amendments made by subsection
    (a), including the impact on price competition and cost-
    sharing.
    (2) Report.--Not later than March 1, 2021, the Comptroller
    General shall submit to Congress a report containing the results
    of the study conducted under paragraph (1), together with
    recommendations for such legislation and administrative action
    as the Comptroller General determines appropriate.

    DIVISION T--REVENUE PROVISIONS

    SEC. 101. MODIFICATION OF DEDUCTION FOR QUALIFIED BUSINESS INCOME OF A
    COOPERATIVE AND ITS PATRONS.

    (a) Deduction for Qualified Production Activities Income.--
    (1) In general.--Subsection (g) of section 199A of the
    Internal Revenue Code of 1986 <>  is amended
    to read as follows:

    ``(g) Deduction for Income Attributable to Domestic Production
    Activities of Specified Agricultural or Horticultural Cooperatives.--
    ``(1) Allowance of deduction.--
    ``(A) In general.--In the case of a taxpayer which
    is a specified agricultural or horticultural
    cooperative, there shall be allowed as a deduction an
    amount equal to 9 percent of the lesser of--
    ``(i) the qualified production activities
    income of the taxpayer for the taxable year, or
    ``(ii) the taxable income of the taxpayer for
    the taxable year.
    ``(B) Limitation.--
    ``(i) In general.--The deduction allowable
    under subparagraph (A) for any taxable year shall
    not exceed 50 percent of the W-2 wages of the
    taxpayer for the taxable year.
    ``(ii) W-2 wages.--For purposes of this
    subparagraph, the W-2 wages of the taxpayer shall
    be determined in the same manner as under
    subsection (b)(4) (without regard to subparagraph
    (B) thereof and after application of subsection
    (b)(5)), except that such wages shall not include
    any amount which is not properly allocable to
    domestic production gross receipts for purposes of
    paragraph (3)(A).
    ``(C) Taxable income of cooperatives determined
    without regard to certain deductions.--For purposes of
    this subsection, the taxable income of a specified
    agricultural or horticultural cooperative shall be
    computed without regard to any deduction allowable under
    subsection (b) or (c) of section 1382 (relating to
    patronage dividends,

    [[Page 1152]]

    per-unit retain allocations, and nonpatronage
    distributions).
    ``(2) Deduction allowed to patrons.--
    ``(A) In general.--In the case of any eligible
    taxpayer who receives a qualified payment from a
    specified agricultural or horticultural cooperative,
    there shall be allowed as a deduction for the taxable
    year in which such payment is received an amount equal
    to the portion of the deduction allowed under paragraph
    (1) to such cooperative which is--
    ``(i) allowed with respect to the portion of
    the qualified production activities income to
    which such payment is attributable, and
    ``(ii) identified by such cooperative in a
    written notice mailed to such taxpayer during the
    payment period described in section 1382(d).
    ``(B) Limitation based on taxable income.--The
    deduction allowed to any taxpayer under this paragraph
    shall not exceed the taxable income of the taxpayer
    determined without regard to the deduction allowed under
    this paragraph and after taking into account any
    deduction allowed to the taxpayer under subsection (a)
    for the taxable year.
    ``(C) Cooperative denied deduction for portion of
    qualified payments.--The taxable income of a specified
    agricultural or horticultural cooperative shall not be
    reduced under section 1382 by reason of that portion of
    any qualified payment as does not exceed the deduction
    allowable under subparagraph (A) with respect to such
    payment.
    ``(D) Eligible taxpayer.--For purposes of this
    paragraph, the term `eligible taxpayer' means--
    ``(i) a taxpayer other than a corporation, or
    ``(ii) a specified agricultural or
    horticultural cooperative.
    ``(E) Qualified payment.--For purposes of this
    section, the term `qualified payment' means, with
    respect to any eligible taxpayer, any amount which--
    ``(i) is described in paragraph (1) or (3) of
    section 1385(a),
    ``(ii) is received by such taxpayer from a
    specified agricultural or horticultural
    cooperative, and
    ``(iii) is attributable to qualified
    production activities income with respect to which
    a deduction is allowed to such cooperative under
    paragraph (1).
    ``(3) Qualified production activities income.--For purposes
    of this subsection--
    ``(A) In general.--The term `qualified production
    activities income' for any taxable year means an amount
    equal to the excess (if any) of--
    ``(i) the taxpayer's domestic production gross
    receipts for such taxable year, over
    ``(ii) the sum of--
    ``(I) the cost of goods sold that
    are allocable to such receipts, and

    [[Page 1153]]

    ``(II) other expenses, losses, or
    deductions (other than the deduction
    allowed under this subsection), which
    are properly allocable to such receipts.
    ``(B) Allocation method.--The Secretary shall
    prescribe rules for the proper allocation of items
    described in subparagraph (A) for purposes of
    determining qualified production activities income. Such
    rules shall provide for the proper allocation of items
    whether or not such items are directly allocable to
    domestic production gross receipts.
    ``(C) Special rules for determining costs.--
    ``(i) In general.--For purposes of determining
    costs under subclause (I) of subparagraph (A)(ii),
    any item or service brought into the United States
    shall be treated as acquired by purchase, and its
    cost shall be treated as not less than its value
    immediately after it entered the United States. A
    similar rule shall apply in determining the
    adjusted basis of leased or rented property where
    the lease or rental gives rise to domestic
    production gross receipts.
    ``(ii) Exports for further manufacture.--In
    the case of any property described in clause (i)
    that had been exported by the taxpayer for further
    manufacture, the increase in cost or adjusted
    basis under clause (i) shall not exceed the
    difference between the value of the property when
    exported and the value of the property when
    brought back into the United States after the
    further manufacture.
    ``(D) Domestic production gross receipts.--
    ``(i) In general.--The term `domestic
    production gross receipts' means the gross
    receipts of the taxpayer which are derived from
    any lease, rental, license, sale, exchange, or
    other disposition of any agricultural or
    horticultural product which was manufactured,
    produced, grown, or extracted by the taxpayer
    (determined after the application of paragraph
    (4)(B)) in whole or significant part within the
    United States. Such term shall not include gross
    receipts of the taxpayer which are derived from
    the lease, rental, license, sale, exchange, or
    other disposition of land.
    ``(ii) Related persons.--
    ``(I) In general.--The term
    `domestic production gross receipts'
    shall not include any gross receipts of
    the taxpayer derived from property
    leased, licensed, or rented by the
    taxpayer for use by any related person.
    ``(II) Related person.--For purposes
    of subclause (I), a person shall be
    treated as related to another person if
    such persons are treated as a single
    employer under subsection (a) or (b) of
    section 52 or subsection (m) or (o) of
    section 414, except that determinations
    under subsections (a) and (b) of section
    52 shall be made without regard to
    section 1563(b).
    ``(4) Specified agricultural or horticultural cooperative.--
    For purposes of this section--

    [[Page 1154]]

    ``(A) In general.--The term `specified agricultural
    or horticultural cooperative' means an organization to
    which part I of subchapter T applies which is engaged--
    ``(i) in the manufacturing, production,
    growth, or extraction in whole or significant part
    of any agricultural or horticultural product, or
    ``(ii) in the marketing of agricultural or
    horticultural products.
    ``(B) Application to marketing cooperatives.--A
    specified agricultural or horticultural cooperative
    described in subparagraph (A)(ii) shall be treated as
    having manufactured, produced, grown, or extracted in
    whole or significant part any agricultural or
    horticultural product marketed by the specified
    agricultural or horticultural cooperative which its
    patrons have so manufactured, produced, grown, or
    extracted.
    ``(5) Definitions and special rules.--
    ``(A) Special rule for affiliated groups.--
    ``(i) In general.--All members of an expanded
    affiliated group shall be treated as a single
    corporation for purposes of this subsection.
    ``(ii) Partnerships owned by expanded
    affiliated groups.--For purposes of paragraph
    (3)(D), if all of the interests in the capital and
    profits of a partnership are owned by members of a
    single expanded affiliated group at all times
    during the taxable year of such partnership, the
    partnership and all members of such group shall be
    treated as a single taxpayer during such period.
    ``(iii) Expanded affiliated group.--For
    purposes of this subsection, the term `expanded
    affiliated group' means an affiliated group as
    defined in section 1504(a), determined--
    ``(I) by substituting `more than 50
    percent' for `at least 80 percent' each
    place it appears, and
    ``(II) without regard to paragraphs
    (2) and (4) of section 1504(b).
    ``(iv) Allocation of deduction.--Except as
    provided in regulations, the deduction under
    paragraph (1) shall be allocated among the members
    of the expanded affiliated group in proportion to
    each member's respective amount (if any) of
    qualified production activities income.
    ``(B) Special rule for cooperative partners.--In the
    case of a specified agricultural or horticultural
    cooperative which is a partner in a partnership, rules
    similar to the rules of subsection (f)(1) shall apply
    for purposes of this subsection.
    ``(C) Trade or business requirement.--This
    subsection shall be applied by only taking into account
    items which are attributable to the actual conduct of a
    trade or business.
    ``(D) Unrelated business taxable income.--For
    purposes of determining the tax imposed by section 511,
    this section shall be applied by substituting `unrelated
    business taxable income' for `taxable income' each place
    it appears in this section (other than this
    subparagraph).

    [[Page 1155]]

    ``(E) Special rule for cooperative with oil related
    qualified production activities income.--
    ``(i) In general.--If a specified agricultural
    or horticultural cooperative has oil related
    qualified production activities income for any
    taxable year, the amount otherwise allowable as a
    deduction under paragraph (1) shall be reduced by
    3 percent of the least of--
    ``(I) the oil related qualified
    production activities income of the
    cooperative for the taxable year,
    ``(II) the qualified production
    activities income of the cooperative for
    the taxable year, or
    ``(III) taxable income.
    ``(ii) Oil related qualified production
    activities income.--For purposes of this
    subparagraph, the term `oil related qualified
    production activities income' means for any
    taxable year the qualified production activities
    income which is attributable to the production,
    refining, processing, transportation, or
    distribution of oil, gas, or any primary product
    thereof (within the meaning of section
    927(a)(2)(C), as in effect before its repeal)
    during such taxable year.
    ``(6) Regulations.--The Secretary shall prescribe such
    regulations as are necessary to carry out the purposes of this
    subsection, including regulations which prevent more than 1
    taxpayer from being allowed a deduction under this subsection
    with respect to any activity described in paragraph (3)(D)(i).
    Such regulations shall be based on the regulations applicable to
    cooperatives and their patrons under section 199 (as in effect
    before its repeal).''.
    (2) Conforming amendments.--
    (A) Sections 63(b)(3), 63(d)(3), 199A(e)(1), and
    6662(d)(1)(C) of such Code <>  are each amended by striking ``the deduction''
    and inserting ``any deduction''.
    (B) The last sentence of section 62(a) of such Code
    and section 172(d)(8) of such Code are each amended by
    striking ``The deduction'' and inserting ``Any
    deduction''.
    (C) Section 199A(e)(1) of such Code is amended by
    striking ``Taxable income'' and inserting ``Except as
    otherwise provided in subsection (g)(2)(B), taxable
    income''.
    (D) Section 613(a) of such Code is amended by
    striking ``the deduction under section 199A'' and
    inserting ``any deduction under section 199A''.

    (b) Modifications Related to Payments From Cooperatives.--
    (1) Repeal of special deduction for qualified cooperative
    dividends.--Subsection (a) of section 199A of such Code is
    amended to read as follows:

    ``(a) Allowance of Deduction.--In the case of a taxpayer other than
    a corporation, there shall be allowed as a deduction for any taxable
    year an amount equal to the lesser of--
    ``(1) the combined qualified business income amount of the
    taxpayer, or
    ``(2) an amount equal to 20 percent of the excess (if any)
    of--
    ``(A) the taxable income of the taxpayer for the
    taxable year, over

    [[Page 1156]]

    ``(B) the net capital gain (as defined in section
    1(h)) of the taxpayer for such taxable year.''.
    (2) Repeal of rule excluding qualified cooperative dividends
    from qualified business income.--
    (A) In general.--Section 199A(c)(1) of such
    Code <>  is amended by striking ``,
    qualified cooperative dividends,''.
    (B) Conforming amendments.--
    (i) Section 199A(c)(3)(B) of such Code is
    amended--
    (I) by striking ``investment'' in
    the matter preceding clause (i), and
    (II) by adding at the end of clause
    (ii) the following: ``Any amount
    described in section 1385(a)(1) shall
    not be treated as described in this
    clause.''.
    (ii) Section 199A(e) of such Code is amended
    by striking paragraph (4) and by redesignating
    paragraph (5) as paragraph (4).
    (3) Reduction of qualified business income with respect to
    income received from cooperatives.--Section 199A(b) of such Code
    is amended by adding at the end the following new paragraph:
    ``(7) Special rule with respect to income received from
    cooperatives.--In the case of any qualified trade or business of
    a patron of a specified agricultural or horticultural
    cooperative, the amount determined under paragraph (2) with
    respect to such trade or business shall be reduced by the lesser
    of--
    ``(A) 9 percent of so much of the qualified business
    income with respect to such trade or business as is
    properly allocable to qualified payments received from
    such cooperative, or
    ``(B) 50 percent of so much of the W-2 wages with
    respect to such trade or business as are so
    allocable.''.

    (c) Application of Section 199 to Certain Qualified Payments Paid
    After 2017.--Subsection (c) of section 13305 of Public Law 115-
    97 <>  is amended to read as follows:

    ``(c) Effective Dates.--
    ``(1) In general.--Except as provided in paragraph (2), the
    amendments made by this section shall apply to taxable years
    beginning after December 31, 2017.
    ``(2) Transition rule for qualified payments of patrons of
    cooperatives.--
    ``(A) In general.--The amendments made by this
    section shall not apply to a qualified payment received
    by a taxpayer from a specified agricultural or
    horticultural cooperative in a taxable year of the
    taxpayer beginning after December 31, 2017, which is
    attributable to qualified production activities income
    with respect to which a deduction is allowable to the
    cooperative under section 199 of the Internal Revenue
    Code of 1986 (as in effect before the amendments made by
    this section) for a taxable year of the cooperative
    beginning before January 1, 2018. Any term used in this
    subparagraph which is also used in section 199 of such
    Code (as so in effect) shall have the same meaning as
    when used in such section.
    ``(B) Coordination with section 199a.--No deduction
    shall be allowed under section 199A of such Code for any
    qualified payment to which subparagraph (A) applies.''.

    [[Page 1157]]

    (d) <>  Effective Date.--
    (1) In general.--Except as otherwise provided in this
    subsection, the amendments made by this section shall take
    effect as if included in section 11011 of Public Law 115-97.
    (2) Application of section 199 to certain qualified payments
    paid after 2017.--The amendment made by subsection (c) shall
    take effect as if included in section 13305 of Public Law 115-
    97.

    SEC. 102. INCREASE IN STATE HOUSING CREDIT CEILING FOR , 2019, 2020,
    2021.

    (a) In General.--Section 42(h)(3)(I) of the Internal Revenue Code of
    1986 <>  is amended to read as follows:
    ``(I) Increase in state housing credit ceiling for
    2018, 2019, 2020, and 2021.--In the case of calendar
    years 2018, 2019, 2020, and 2021, each of the dollar
    amounts in effect under clauses (I) and (II) of
    subparagraph (C)(ii) for any calendar year (after any
    increase under subparagraph (H)) shall be increased by
    multiplying such dollar amount by 1.125.''.

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to calendar years beginning after December
    31, 2017.

    SEC. 103. AVERAGE INCOME TEST FOR LOW-INCOME HOUSING CREDIT.

    (a) In General.--Paragraph (1) of section 42(g) of the Internal
    Revenue Code of 1986 is amended--
    (1) by striking ``subparagraph (A) or (B)'' and inserting
    ``subparagraph (A), (B), or (C)'', and
    (2) by inserting after subparagraph (B) the following new
    subparagraph:
    ``(C) Average income test.--
    ``(i) In general.--The project meets the
    minimum requirements of this subparagraph if 40
    percent or more (25 percent or more in the case of
    a project described in section 142(d)(6)) of the
    residential units in such project are both rent-
    restricted and occupied by individuals whose
    income does not exceed the imputed income
    limitation designated by the taxpayer with respect
    to the respective unit.
    ``(ii) Special rules relating to income
    limitation.--For purposes of clause (i)--
    ``(I) Designation.--The taxpayer
    shall designate the imputed income
    limitation of each unit taken into
    account under such clause.
    ``(II) Average test.--The average of
    the imputed income limitations
    designated under subclause (I) shall not
    exceed 60 percent of area median gross
    income.
    ``(III) 10-percent increments.--The
    designated imputed income limitation of
    any unit under subclause (I) shall be 20
    percent, 30 percent, 40 percent, 50
    percent, 60 percent, 70 percent, or 80
    percent of area median gross income.''.

    (b) Rules Relating to Next Available Unit.--Subparagraph (D) of
    section 42(g)(2) of the Internal Revenue Code of 1986 is amended--
    (1) in clause (i), by striking ``clause (ii)'' and inserting
    ``clauses (ii), (iii), and (iv)'',

    [[Page 1158]]

    (2) in clause (ii)--
    (A) by striking ``If'' and inserting ``In the case
    of a project with respect to which the taxpayer elects
    the requirements of subparagraph (A) or (B) of paragraph
    (1), if'',
    (B) by striking the second sentence, and
    (C) by striking ``Next available unit must be rented
    to low-income tenant if income rises above 140 percent
    of income limit'' in the heading and inserting ``Rental
    of next available unit in case of 20-50 or 40-60 test'',
    and
    (3) by adding at the end the following new clauses:
    ``(iii) Rental of next available unit in case
    of average income test.--In the case of a project
    with respect to which the taxpayer elects the
    requirements of subparagraph (C) of paragraph (1),
    if the income of the occupants of the unit
    increases above 140 percent of the greater of--
    ``(I) 60 percent of area median
    gross income, or
    ``(II) the imputed income limitation
    designated with respect to the unit
    under paragraph (1)(C)(ii)(I),
    clause (i) shall cease to apply to any such unit
    if any residential rental unit in the building (of
    a size comparable to, or smaller than, such unit)
    is occupied by a new resident whose income exceeds
    the limitation described in clause (v).
    ``(iv) Deep rent skewed projects.--In the case
    of a project described in section 142(d)(4)(B),
    clause (ii) or (iii), whichever is applicable,
    shall be applied by substituting `170 percent' for
    `140 percent', and--
    ``(I) in the case of clause (ii), by
    substituting `any low-income unit in the
    building is occupied by a new resident
    whose income exceeds 40 percent of area
    median gross income' for `any
    residential rental unit' and all that
    follows in such clause, and
    ``(II) in the case of clause (iii),
    by substituting `any low-income unit in
    the building is occupied by a new
    resident whose income exceeds the lesser
    of 40 percent of area median gross
    income or the imputed income limitation
    designated with respect to such unit
    under paragraph (1)(C)(ii)(I)' for `any
    residential rental unit' and all that
    follows in such clause.
    ``(v) Limitation described.--For purposes of
    clause (iii), the limitation described in this
    clause with respect to any unit is--
    ``(I) the imputed income limitation
    designated with respect to such unit
    under paragraph (1)(C)(ii)(I), in the
    case of a unit which was taken into
    account as a low-income unit prior to
    becoming vacant, and
    ``(II) the imputed income limitation
    which would have to be designated with
    respect to such unit under such
    paragraph in order for the project

    [[Page 1159]]

    to continue to meet the requirements of
    paragraph (1)(C)(ii)(II), in the case of
    any other unit.''.

    (c) <>  Effective Date.--The amendments made
    by this section shall apply to elections made under section 42(g)(1) of
    the Internal Revenue Code of 1986 after the date of the enactment of
    this Act.

    DIVISION U <> --TAX
    TECHNICAL CORRECTIONS

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC.

    (a) <>  Short Title.--This division may be
    cited as the ``Tax Technical Corrections Act of 2018''.

    (b) Amendment of Internal Revenue Code of 1986.--Except as otherwise
    expressly provided, whenever in this division an amendment or repeal is
    expressed in terms of an amendment to, or repeal of, a section or other
    provision, the reference shall be considered to be made to a section or
    other provision of the Internal Revenue Code of 1986.
    (c) Table of Contents.--The table of contents for this division is
    as follows:

    Sec. 1. Short title; table of contents; etc.

    TITLE I--TAX TECHNICAL CORRECTIONS

    Sec. 101. Amendments relating to Protecting Americans from Tax Hikes Act
    of 2015.
    Sec. 102. Amendment relating to Consolidated Appropriations Act, 2016.
    Sec. 103. Amendments relating to Fixing America's Surface Transportation
    Act.
    Sec. 104. Amendments relating to Surface Transportation and Veterans
    Health Care Choice Improvement Act of 2015.
    Sec. 105. Amendments relating to Stephen Beck, Jr., ABLE Act of 2014.
    Sec. 106. Amendment relating to American Taxpayer Relief Act of 2012.
    Sec. 107. Amendment relating to United States-Korea Free Trade Agreement
    Implementation Act.
    Sec. 108. Amendment relating to SAFETEA-LU.
    Sec. 109. Amendments relating to the American Jobs Creation Act of 2004.

    TITLE II--TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT RULES

    Sec. 201. Scope of adjustments subject to partnership audit rules.
    Sec. 202. Determination of imputed underpayments.
    Sec. 203. Alternative procedure to filing amended returns for purposes
    of modifying imputed underpayment.
    Sec. 204. Treatment of passthrough partners in tiered structures.
    Sec. 205. Treatment of failure of partnership to pay imputed
    underpayment.
    Sec. 206. Other technical corrections related to partnership audit
    rules.
    Sec. 207. Effective date.

    TITLE III--OTHER CORRECTIONS

    Sec. 301. Amendments relating to the Bipartisan Budget Act of 2015.
    Sec. 302. Amendments relating to the Energy Policy Act of 2005.

    TITLE IV--CLERICAL CORRECTIONS AND DEADWOOD

    Sec. 401. Clerical corrections and deadwood-related provisions.

    [[Page 1160]]

    TITLE I--TAX TECHNICAL CORRECTIONS

    SEC. 101. AMENDMENTS RELATING TO PROTECTING AMERICANS FROM TAX HIKES ACT
    OF 2015.

    (a) Amendment Relating to Section 103.--
    (1) Section 32(b)(2) <>  is amended--
    (A) by striking clauses (ii) and (iii) of
    subparagraph (B), and
    (B) by striking so much of subparagraph (B) as
    precedes ``In the case of a joint return'' and inserting
    the following:
    ``(B) Joint returns.--''.
    (2) Section 32(j)(1) is amended--
    (A) in the matter preceding subparagraph (A) by
    striking ``after 1996'' and inserting ``after 2015'',
    (B) in subparagraph (B) by inserting ``by
    substituting in subparagraph (A)(ii) thereof'' after ``,
    determined'' ,
    (C) in subparagraph (B)(i) by striking ``by
    substituting'' and ``in subparagraph (A)(ii) thereof'',
    (D) in subparagraph (B)(ii)--
    (i) by striking ``by substituting'' and ``in
    subparagraph (A)(ii) of such section 1'',
    (ii) by striking ``$3,000'' and inserting
    ``$5,000'',
    (iii) by striking ``(b)(2)(B)(iii)'' and
    inserting ``(b)(2)(B)'', and
    (iv) by striking ``2007'' and inserting
    ``2008''.

    (b) Amendment Relating to Section 105.--Section 132(f)(6)(A) is
    amended by striking the second sentence.
    (c) Amendments Relating to Section 121.--Section 41(c) is amended--
    (1) by striking paragraph (4),
    (2) by redesignating paragraphs (5), (6), and (7) as
    paragraphs (4), (5), and (6), respectively, and
    (3) by striking the last sentence of paragraph (4)(C) (as so
    redesignated).

    (d) Amendments Relating to Section 143.--
    (1) Section 168(k)(2)(B)(i)(III) is amended by inserting
    ``binding'' before ``contract''.
    (2) Section 168(k)(5)(B)(ii) is amended--
    (A) by inserting ``crop or'' after ``more than
    one'', and
    (B) by inserting ``a marketable crop or yield of''
    after ``begins bearing''.
    (3) <>  For purposes of applying
    section 168(k) of the Internal Revenue Code of 1986, as in
    effect on the day before the date of the enactment of Public Law
    115-97, with respect to property acquired before September 28,
    2017, paragraph (6) thereof shall be treated as reading as
    follows (and as having been included in section 143 of the
    Protecting Americans from Tax Hikes Act of 2015):
    ``(6) Phase-down.--In the case of qualified property placed
    in service by the taxpayer after December 31, 2017 (December 31,
    2018, in the case of property described in subparagraph (B) or
    (C) of paragraph (2)), paragraph (1)(A) shall be applied by
    substituting for `50 percent'--
    ``(A) `40 percent' in the case of--

    [[Page 1161]]

    ``(i) property placed in service in 2018
    (other than property described in subparagraph (B)
    or (C) of paragraph (2)), and
    ``(ii) property described in subparagraph (B)
    or (C) of paragraph (2) which is placed in service
    in 2019, and
    ``(B) `30 percent' in the case of--
    ``(i) property placed in service in 2019
    (other than property described in subparagraph (B)
    or (C) of paragraph (2)), and
    ``(ii) property described in subparagraph (B)
    or (C) of paragraph (2) which is placed in service
    in 2020.''.
    (4) <>  Section 168(k)(7) of the
    Internal Revenue Code of 1986, as in effect on the day before
    the date of the enactment of Public Law 115-97, shall be
    applied--
    (A) by substituting ``paragraphs (1), (2)(F), and
    (4)'' for ``paragraphs (1) and (2)(F)'', and
    (B) as if the application of such substitution had
    been included in section 143 of the Protecting Americans
    from Tax Hikes Act of 2015.

    (e) Amendments Relating to Section 167.--
    (1) Section 168(j)(3) <>  is amended by
    striking ``property to which paragraph (1) applies'' and
    inserting ``qualified Indian reservation property''.
    (2) Section 168(j)(8) is amended by striking ``this
    subsection'' and inserting ``paragraph (1)''.

    (f) Amendments Relating to Section 202.--
    (1) Section 6722(c)(3)(A) is amended--
    (A) by striking ``any information return'' in clause
    (iii) and inserting ``the payee statement'', and
    (B) by striking ``filed'' in the flush matter at the
    end and inserting ``furnished''.
    (2) Section 6721(c)(3)(A) is amended by striking ``any
    information return'' and inserting ``the information return''.
    (3) Section 202(e) of the Protecting Americans from Tax
    Hikes Act of 2015 <>  is amended by
    striking ``provided'' and inserting ``furnished''.

    (g) Amendments Relating to Section 203.--
    (1) Section 6109(i)(1)(A)(i) is amended by striking
    ``community-based certified acceptance agent'' and inserting
    ``community-based certifying acceptance agent''.
    (2) Section 6109(i)(1)(B) is amended by striking ``Internal
    Revenue Service'' and inserting ``Internal Revenue Service, a
    community-based certifying acceptance agent approved by the
    Secretary,''.
    (3) Section 6109(i)(3) is amended--
    (A) in subparagraph (A)--
    (i) by inserting ``ending after the issuance
    of such number'' before the period at the end of
    the first sentence, and
    (ii) by striking ``on the last day of such
    third consecutive taxable year'' and inserting
    ``on the day after the due date for the return of
    tax for such third consecutive taxable year'', and
    (B) by striking subparagraph (B)(ii) and inserting
    the following:

    [[Page 1162]]

    ``(ii) if the individual does not file a
    return of tax (or is not included as a dependent
    on the return of tax of another taxpayer) for 3
    consecutive taxable years at least one of which
    ends after December 18, 2015, the due date for the
    return of tax for such third consecutive taxable
    year.''.
    (4) Section 203(c) of the Protecting Americans from Tax
    Hikes Act of 2015 <>  is amended--
    (A) by striking ``section 6109(i)(1)(A)(i)'' and
    inserting ``section 6109(i)(1)'',
    (B) by striking ``community-based certified
    acceptance agents'' and inserting ``community-based
    certifying acceptance agents'', and
    (C) by striking ``Certified'' in the heading thereof
    and inserting ``Certifying''.
    (5) Section 203(f) of the Protecting Americans from Tax
    Hikes Act of 2015 is amended by striking ``The amendments'' and
    inserting ``Except to the extent provided in section 6109(i)(3)
    of the Internal Revenue Code of 1986, the amendments''.

    (h) Amendments Relating to Section 204.--Section 204(b) of the
    Protecting Americans from Tax Hikes Act of 2015 <>  is amended--
    (1) by striking paragraph (2), and
    (2) by striking so much as precedes ``amendment made by this
    section'' and inserting the following: ``(b) Effective Date.--
    The''.

    (i) Amendments Relating to Section 205.--
    (1) Section 24(e)(2) <>  is amended by
    striking ``identifying number'' and inserting ``taxpayer
    identification number''.
    (2) Section 205(c) of the Protecting Americans from Tax
    Hikes Act of 2015 <>  is amended--
    (A) by striking paragraph (2), and
    (B) by striking so much as precedes ``shall apply to
    any return of tax'' and inserting the following: ``(c)
    Effective Date.--The amendments made by this section''.

    (j) Amendments Relating to Section 206.--Section 206(b) of the
    Protecting Americans from Tax Hikes Act of 2015 <>  is amended--
    (1) by striking ``Except as provided in paragraph (2), the
    amendment'' in paragraph (1) and inserting ``The amendment'',
    and
    (2) by striking paragraph (2) and redesignating paragraph
    (3) as paragraph (2).

    (k) Amendment Relating to Section 209.--Section 209(d)(2) of the
    Protecting Americans from Tax Hikes Act of 2015 <>  is amended by striking ``amendment made by subsection (b)'' and
    inserting ``amendments made by subsections (b) and (c)''.

    (l) Amendments Related to Sections 102, 206, 207, 208, and 211.--
    (1) Section 25A(b)(1) is amended--
    (A) in subparagraph (A) by striking ``$1,000'' and
    inserting ``$2,000'', and
    (B) in subparagraph (B)--
    (i) by striking ``50 percent'' and inserting
    ``25 percent'',

    [[Page 1163]]

    (ii) by striking ``$1,000'' and inserting
    ``$2,000'', and
    (iii) by striking ``the applicable limit'' and
    inserting ``$4,000''.
    (2) Subparagraphs (A) and (C) of section
    25A(b)(2) <>  are amended by striking ``2''
    in the heading and text of each subparagraph and inserting
    ``4''.
    (3) Section 25A(b)(4) is amended to read as follows:
    ``(4) Restrictions on taxpayers who improperly claimed
    american opportunity tax credit in prior years.--
    ``(A) Taxpayers making prior fraudulent or reckless
    claims.--
    ``(i) In general.--No American Opportunity Tax
    Credit shall be allowed under this section for any
    taxable year in the disallowance period.
    ``(ii) Disallowance period.--For purposes of
    subparagraph (A), the disallowance period is--
    ``(I) the period of 10 taxable years
    after the most recent taxable year for
    which there was a final determination
    that the taxpayer's claim of the
    American Opportunity Tax Credit under
    this section was due to fraud, and
    ``(II) the period of 2 taxable years
    after the most recent taxable year for
    which there was a final determination
    that the taxpayer's claim of the
    American Opportunity Tax Credit under
    this section was due to reckless or
    intentional disregard of rules and
    regulations (but not due to fraud).
    ``(B) Taxpayers making improper prior claims.--In
    the case of a taxpayer who is denied the American
    Opportunity Tax Credit under this section for any
    taxable year as a result of the deficiency procedures
    under subchapter B of chapter 63, no American
    Opportunity Tax Credit shall be allowed under this
    section for any subsequent taxable year unless the
    taxpayer provides such information as the Secretary may
    require to demonstrate eligibility for such credit.''.
    (4) Section 25A(d) is amended to read as follows:

    ``(d) Limitations Based on Modified Adjusted Gross Income.--
    ``(1) American opportunity tax credit.--The American
    Opportunity Tax Credit (determined without regard to this
    paragraph) shall be reduced (but not below zero) by the amount
    which bears the same ratio to such credit (as so determined)
    as--
    ``(A) the excess of--
    ``(i) the taxpayer's modified adjusted gross
    income for such taxable year, over
    ``(ii) $80,000 ($160,000 in the case of a
    joint return), bears to
    ``(B) $10,000 ($20,000 in the case of a joint
    return).
    ``(2) Lifetime learning credit.--The Lifetime Learning
    Credit (determined without regard to this paragraph) shall be
    reduced (but not below zero) by the amount which bears the same
    ratio to such credit (as so determined) as--
    ``(A) the excess of--

    [[Page 1164]]

    ``(i) the taxpayer's modified adjusted gross
    income for such taxable year, over
    ``(ii) $40,000 ($80,000 in the case of a joint
    return), bears to
    ``(B) $10,000 ($20,000 in the case of a joint
    return).
    ``(3) Modified adjusted gross income.--For purposes of this
    subsection, the term `modified adjusted gross income' means the
    adjusted gross income of the taxpayer for the taxable year
    increased by any amount excluded from gross income under section
    911, 931, or 933.''.
    (5) Section 25A(f)(1) <>  is amended by
    adding at the end the following new subparagraph:
    ``(D) Required course materials taken into account
    for american opportunity tax credit.--For purposes of
    determining the American Opportunity Tax Credit,
    subparagraph (A) shall be applied by substituting
    `tuition, fees, and course materials' for `tuition and
    fees'.''.
    (6) Section 25A(g)(1) is amended--
    (A) by striking ``No credit'' and inserting the
    following:
    ``(A) In general.--No credit'', and
    (B) by adding at the end the following new
    subparagraph:
    ``(B) Additional identification requirements with
    respect to american opportunity tax credit.--
    ``(i) Student.--The requirements of
    subparagraph (A) shall not be treated as met with
    respect to the American Opportunity Tax Credit
    unless the individual's taxpayer identification
    number was issued on or before the due date for
    filing the return of tax for the taxable year.
    ``(ii) Taxpayer.--No American Opportunity Tax
    Credit shall be allowed under this section if the
    taxpayer identification number of the taxpayer was
    issued after the due date for filing the return
    for the taxable year.
    ``(iii) Institution.--No American Opportunity
    Tax Credit shall be allowed under this section
    unless the taxpayer includes the employer
    identification number of any institution to which
    qualified tuition and related expenses were paid
    with respect to the individual.''.
    (7) Section 25A(h) is amended to read as follows:

    ``(h) Inflation Adjustment.--
    ``(1) In general.--In the case of a taxable year beginning
    after 2001, the $40,000 and $80,000 amounts in subsection (d)(2)
    shall each be increased by an amount equal to--
    ``(A) such dollar amount, multiplied by
    ``(B) the cost-of-living adjustment determined under
    section 1(f)(3) for the calendar year in which the
    taxable year begins, determined by substituting
    `calendar year 2000' for `calendar year 2016' in
    subparagraph (A)(ii) thereof.
    ``(2) Rounding.--If any amount as adjusted under paragraph
    (1) is not a multiple of $1,000, such amount shall be rounded to
    the next lowest multiple of $1,000.''.
    (8) Section 25A(i) is amended to read as follows:

    ``(i) Portion of American Opportunity Tax Credit Made Refundable.--
    Forty percent of so much of the credit allowed under

    [[Page 1165]]

    subsection (a) as is attributable to the American Opportunity Tax Credit
    (determined after application of subsection (d) and without regard to
    this paragraph and section 26(a)) shall be treated as a credit allowable
    under subpart C (and not allowed under subsection (a)). The preceding
    sentence shall not apply to any taxpayer for any taxable year if such
    taxpayer is a child to whom subsection (g) of section 1 applies for such
    taxable year.''.
    (9) The heading of section 25A <>  is
    amended by striking ``hope'' and inserting
    ``american opportunity''.
    (10) The item relating to section 25A in the table of
    contents for subpart A of part IV of subchapter A of chapter
    1 <>  is amended to read as follows:

    ``Sec. 25A. American Opportunity and Lifetime Learning credits.''.

    (11) The heading of section 25A(b) is amended by striking
    ``Hope Scholarship Credit'' and inserting ``American Opportunity
    Tax Credit''.
    (12) The heading of section 25A(b)(2) is amended by striking
    ``hope scholarship credit'' and inserting ``american opportunity
    tax credit''.
    (13) The heading of section 25A(c)(2)(A) is amended by
    striking ``hope scholarship'' and inserting ``american
    opportunity tax credit''.
    (14) Section 25A, as amended by the preceding provisions of
    this Act, is amended by striking ``Hope Scholarship Credit''
    each place it appears in the text and inserting ``American
    Opportunity Tax Credit''.
    (15) The heading of section 529(c)(3)(B)(v) is amended by
    striking ``hope'' and inserting ``american opportunity''.
    (16) The heading of section 530(d)(2)(C) is amended by
    striking ``hope'' and inserting ``american opportunity''.
    (17) Section 6211(b)(4)(A), as amended by this Act, is
    amended by striking ``subsection (i)(5)'' and inserting
    ``subsection (i)''.
    (18) Section 6213(g)(2)(Q) is amended to read as follows:
    ``(Q) an omission of information required by section
    25A(b)(4)(B) or an entry on the return claiming the
    American Opportunity Tax Credit for a taxable year for
    which such credit is disallowed under section
    25A(b)(4)(A).''.
    (19) Section 207(b)(1) of the Protecting Americans from Tax
    Hikes Act of 2015 <>  is amended by
    striking ``the American opportunity tax credit under section
    25A(i) of such Code'' and inserting ``the American Opportunity
    Tax Credit under section 25A of such Code''.

    (m) Amendment Relating to Section 311.--
    (1) The last sentence of section 355(h)(2)(B) is amended by
    striking ``80 percent'' both places it appears and inserting
    ``at least 80 percent''.
    (2) Section 355(h)(2) is amended--
    (A) by striking ``spinoffs'' in the heading of such
    paragraph and inserting ``distributions'', and
    (B) by striking ``Spinoffs'' in the headings of
    subparagraphs (A) and (B) and inserting
    ``Distributions''.

    (n) Amendment Relating to Section 318.--
    (1) Section 856(c)(9)(A) is amended--
    (A) by striking ``Personal property'' and inserting
    the following:

    [[Page 1166]]

    ``(i) In general.--Personal property'', and
    (B) by adding at the end the following new clause:
    ``(ii) Treatment of gain on disposition.--If--
    ``(I) personal property is leased
    under, or in connection with, a lease of
    real property, for a period of not less
    than 1 year, and rents attributable to
    such personal property are treated as
    rents from real property under
    subsection (d)(1)(C),
    ``(II) any portion of such personal
    property and any portion of such real
    property are sold, or otherwise disposed
    of, in a single disposition (or
    contemporaneously in separate
    dispositions), and
    ``(III) the fair market value of the
    personal property so sold or
    contemporaneously disposed of
    (determined at the time of disposition)
    does not exceed 15 percent of the total
    fair market value of all of the personal
    and real property so sold or
    contemporaneously disposed of
    (determined at the time of disposition),
    any gain from such dispositions shall be treated
    for purposes of paragraphs (2)(H) and (3)(H) as
    gain from the disposition of a real estate
    asset.''.
    (2) Section 856(c)(9)(B) <>  is amended
    to read as follows:
    ``(B) Certain personal property mortgaged in
    connection with real property.--
    ``(i) In general.--In the case of an
    obligation secured by a mortgage on both real
    property and personal property, if the fair market
    value of such personal property does not exceed 15
    percent of the total fair market value of all such
    property, such obligation shall be treated--
    ``(I) for purposes of paragraph
    (3)(B), as an obligation described
    therein,
    ``(II) for purposes of paragraph
    (4)(A), as a real estate asset, and
    ``(III) for purposes of paragraphs
    (2)(D) and (3)(C), as a mortgage on real
    property.
    ``(ii) Determination of fair market value.--
    ``(I) In general.--Except as
    provided in subclause (II), the fair
    market value of all such property shall
    be determined for purposes of clause (i)
    in the same manner as the fair market
    value of real property is determined for
    purposes of apportioning interest income
    between real property and personal
    property under paragraph (3)(B).
    ``(II) Gain on disposition.--For
    purposes of applying clause (i)(III),
    fair market value shall be determined at
    the time of sale or other
    disposition.''.

    (o) Amendment Related to Section 302(b).--Section 529A(c)(1) is
    amended by striking subparagraph (D).
    (p) Amendments Relating to Section 322.--
    (1) Section 897(k)(2) is amended--
    (A) by striking so much of subparagraph (B) as
    precedes ``amounts realized by the qualified
    shareholder'' and inserting the following:

    [[Page 1167]]

    ``(B) Exception.--In the case of a qualified
    shareholder with one or more applicable investors--
    ``(i) subparagraph (A)(i) shall not apply to
    the applicable percentage of the stock of the real
    estate investment trust held by the qualified
    shareholder, and
    ``(ii) the applicable percentage of the'', and
    (B) by adding at the end the following new
    subparagraph:
    ``(F) Applicable percentage.--For purposes of
    subparagraph (B), the term `applicable percentage' means
    the percentage of the value of the interests (other than
    interests held solely as a creditor) in the qualified
    shareholder held by applicable investors.''.
    (2) Section 897(k)(2)(D) <>  is amended
    by striking ``paragraph'' and inserting ``subsection''.
    (3) Section 897(k)(2)(E) is amended by striking ``and (C)
    and paragraph (4)'' and inserting ``and (D)''.
    (4) Section 897(k)(3)(B)(i) is amended by striking so much
    as precedes ``for a reduced rate of withholding'' and inserting
    the following:
    ``(i) which--
    ``(I) is eligible for benefits under
    the comprehensive income tax treaty
    described in subparagraph (A)(i)(I), but
    only if the dividends article of such
    treaty imposes conditions on the
    benefits allowable in the case of
    dividends paid by a real estate
    investment trust, and
    ``(II) is eligible under such
    treaty''.
    (5) Section 897(k)(3)(B)(ii) is amended--
    (A) by adding ``and'' at the end of subclause (II),
    and
    (B) by striking ``United States corporation'' in
    subclause (III) and inserting ``domestic corporation''.
    (6) Section 322 of the Protecting Americans from Tax Hikes
    Act of 2015 <>  is amended by striking
    subsections (b)(2) and (c)(3), and the Internal Revenue Code of
    1986 shall be applied as if such subsections, and amendments
    made thereby, had never been enacted.
    (7) Section 322(c)(2) of such Act is amended by striking
    ``take effect on'' and inserting the following: ``apply with
    respect to testing periods (as defined in section 897(h)(4)(D)
    of the Internal Revenue Code of 1986) ending on or after''.

    (q) Amendments Related to Section 323.--
    (1) So much of subsection (l) of section 897 as precedes
    paragraph (2) thereof is amended to read as follows:

    ``(l) Exception for Qualified Foreign Pension Funds.--
    ``(1) In general.--For purposes of this section, a qualified
    foreign pension fund shall not be treated as a nonresident alien
    individual or a foreign corporation. For purposes of the
    preceding sentence, an entity all the interests of which are
    held by a qualified foreign pension fund shall be treated as
    such a fund.''.
    (2) Subparagraph (B) of section 897(l)(2) is amended to read
    as follows:
    ``(B) which is established--
    ``(i) by such country (or one or more
    political subdivisions thereof) to provide
    retirement or pension

    [[Page 1168]]

    benefits to participants or beneficiaries that are
    current or former employees (including self-
    employed individuals) or persons designated by
    such employees, as a result of services rendered
    by such employees to their employers, or
    ``(ii) by one or more employers to provide
    retirement or pension benefits to participants or
    beneficiaries that are current or former employees
    (including self-employed individuals) or persons
    designated by such employees in consideration for
    services rendered by such employees to such
    employers,''.
    (3) Section 897(l)(2)(D) <>  is amended
    by striking ``provides annual information reporting about its
    beneficiaries to the relevant tax authorities'' and inserting
    ``with respect to which annual information about its
    beneficiaries is provided, or is otherwise available, to the
    relevant tax authorities''.
    (4) Section 897(l)(2)(E) is amended--
    (A) by striking ``such entity'' in clause (i) and
    inserting ``such entity or arrangement'', and
    (B) by striking ``or such income is taxed at a
    reduced rate'' in clause (ii) and inserting ``, or such
    income is excluded from the gross income of such entity
    or arrangement or is taxed at a reduced rate''.

    (r) Amendments Relating to Section 333.--
    (1) Section 831(b)(2)(B)(i)(II) is amended by striking
    ``specified assets'' and inserting ``relevant specified assets''
    (2) Section 831(b)(2)(B) is amended by redesignating clause
    (ii) as clause (iv) and by inserting after clause (i) the
    following new clauses:
    ``(ii) Aggregation of certain spousal
    interests.--For purposes of clause (i)(II), any
    interest in the insurance company referred to in
    such clause which is held (directly or indirectly)
    by an individual who is a spouse of the specified
    holder, and who is a citizen of the United States,
    shall be treated as held by the specified holder.
    ``(iii) Specified holder.--For purposes of
    this subparagraph, the term `specified holder'
    means, with respect to any insurance company, any
    individual who holds (directly or indirectly) an
    interest in such insurance company and who--
    ``(I) is a lineal descendent
    (including by adoption) of an individual
    who holds an interest (directly or
    indirectly) in the specified assets with
    respect to such insurance company or of
    such individual's spouse,
    ``(II) is a spouse of any lineal
    descendent described in subclause (I),
    or
    ``(III) is not a citizen of the
    United States and is a spouse of an
    individual who holds an interest
    (directly or indirectly) in the
    specified assets with respect to such
    insurance company.''.
    (3) Section 831(b)(2)(B)(iv), as redesignated by paragraph
    (2), is amended--
    (A) by striking ``clause (i)(II)'' in the matter
    preceding subclause (I) and inserting ``this
    subparagraph'', and
    (B) by amending subclause (I) to read as follows:

    [[Page 1169]]

    ``(I) Relevant specified assets.--
    The term `relevant specified assets'
    means, with respect to any specified
    holder with respect to any insurance
    company, the aggregate amount of the
    specified assets, with respect to such
    insurance company, any interest in which
    is held (directly or indirectly) by any
    spouse or specified relation of such
    specified holder. Such term shall not
    include any specified asset solely by
    reason of an interest in such asset
    which was acquired by such spouse or
    specified relation by bequest, devise,
    or inheritance from a decedent during
    the taxable year of the insurance
    company or the preceding taxable year.
    For purposes of this subclause, the term
    `specified relation' means any
    individual with respect to whom the
    specified holder bears a relationship
    described in subclause (I) or (II) of
    clause (iii).''.
    (4) Section 831(b)(2) <>  is amended by
    redesignating subparagraph (D) as subparagraph (E) and by
    inserting after subparagraph (C) the following new subparagraph:
    ``(D) Look-through of reinsurance and fronting
    arrangements.--In the case of reinsurance or any
    fronting, intermediary, or similar arrangement, the term
    `policyholder' means each policyholder of the underlying
    direct written insurance with respect to such
    reinsurance or arrangement.''.

    (s) <>  Effective Date.--The amendments made
    by this section shall take effect as if included in the provision of the
    Protecting Americans from Tax Hikes Act of 2015 to which they relate.

    SEC. 102. <>  AMENDMENT RELATING TO CONSOLIDATED
    APPROPRIATIONS ACT, 2016.

    (a) Amendment Relating to Section 305 of Division P.--For purposes
    of applying section 199(c)(3)(C)(i) of the Internal Revenue Code of 1986
    (as in effect before its repeal by Public Law 115-97) to taxable years
    beginning after December 31, 2015, and before January 1, 2018, such
    section shall be applied--
    (1) by inserting ``who elects the application of this clause
    for any taxable year,'' after ``In the case of any taxpayer'',
    (2) by substituting ``, and who'' for ``and who'',
    (3) by substituting ``such taxable year'' for ``the taxable
    year'', and
    (4) by substituting ``(as defined in subsection (d)(9)(B))''
    for ``under subsection (d)(9)(B)''.

    (b) Effective Date.--The amendment made by this section shall take
    effect as if included in section 305 of division P of the Consolidated
    Appropriations Act, 2016.

    SEC. 103. AMENDMENTS RELATING TO FIXING AMERICA'S SURFACE TRANSPORTATION
    ACT.

    (a) Amendments Relating to Section 32101.--
    (1) Section 7345(e)(1) is amended--
    (A) by striking ``or the Tax Court'' and inserting
    ``, or against the Commissioner in the Tax Court,'', and
    (B) by adding at the end the following: ``For
    purposes of the preceding sentence, the court first
    acquiring jurisdiction over such an action shall have
    sole jurisdiction.''.

    [[Page 1170]]

    (2) Section 7345(f) <>  is amended by
    striking ``subsection (a)'' and inserting ``subsection
    (b)(1)(B)''.

    (b) <>  Effective Date.--The amendments
    made by this section shall take effect as if included in section 32101
    of the Fixing America's Surface Transportation Act.

    SEC. 104. AMENDMENTS RELATING TO SURFACE TRANSPORTATION AND VETERANS
    HEALTH CARE CHOICE IMPROVEMENT ACT OF 2015.

    (a) Amendment Relating to Section 2004.--Section 6662(k) is amended
    to read as follows:
    ``(k) Inconsistent Estate Basis Reporting.--For purposes of this
    section, the term `inconsistent estate basis' means any portion of an
    underpayment attributable to the failure to comply with section
    1014(f).''.
    (b) Amendments Relating to Section 2008.--Section 9503(e)(2) is
    amended--
    (1) by striking ``per gallon'' in subparagraph (C) and
    inserting ``per energy equivalent of a gallon of diesel (as
    defined in section 4041(a)(2)(D))'', and
    (2) by striking ``per gallon'' in subparagraph (D) and
    inserting ``per energy equivalent of a gallon of gasoline (as
    defined in section 4041(a)(2)(C))''.

    (c) <>  Effective Date.--The amendments
    made by this section shall take effect as if included in the provision
    of the Surface Transportation and Veterans Health Care Choice
    Improvement Act of 2015 to which they relate.

    SEC. 105. AMENDMENTS RELATING TO STEPHEN BECK, JR., ABLE ACT OF 2014.

    (a) Amendments Relating to Section 208.--Section 208(h) of the
    Stephen Beck, Jr., ABLE Act of 2014 <>  is
    amended--
    (1) by striking so much as precedes ``made by this section''
    and inserting the following:

    ``(h) Effective Date.--
    ``(1) In general.--Except as provided in paragraph (2), the
    amendments'',
    (2) by inserting ``, and statements required to be
    furnished,'' after ``returns required to be filed'', and
    (3) by adding at the end the following new paragraph:
    ``(2) Subsection (c).--The amendment made by subsection (c)
    shall apply to returns or claims for refund filed after December
    31, 2014.''.

    (b) <>  Effective Date.--The amendments
    made by this section shall take effect as if included in section 208 of
    the Stephen Beck, Jr., ABLE Act of 2014.

    SEC. 106. AMENDMENT RELATING TO AMERICAN TAXPAYER RELIEF ACT OF 2012.

    (a) Amendment Relating to Section 104.--Section 6211(b)(4)(A) is
    amended by striking ``subsection (i)(6)'' and inserting ``subsection
    (i)(5)''.
    (b) <>  Effective Date.--The amendment made
    by this section shall take effect as if included in section 104 of the
    American Taxpayer Relief Act of 2012.

    [[Page 1171]]

    SEC. 107. AMENDMENT RELATING TO UNITED STATES-KOREA FREE TRADE AGREEMENT
    IMPLEMENTATION ACT.

    (a) Amendment Relating to Section 501.--Section 501(b) of the United
    States-Korea Free Trade Agreement Implementation Act is <>  amended by striking ``returns required to be filed'' and
    inserting ``documents prepared''.

    (b) <>  Effective Date.--The amendment made
    by this section shall take effect as if included in section 501 of the
    United States-Korea Free Trade Agreement Implementation Act.

    SEC. 108. AMENDMENT RELATING TO SAFETEA-LU.

    (a) Amendment Relating to Section 11125.--Section <>  5681(b) is amended by striking ``who has paid the special tax
    (or who is exempt from payment of such special tax by reason of the
    provisions of section 5113(a))'' and inserting ``who meets the
    requirements of section 5121(a) and section 5124 (or who is exempt from
    such requirements by reason of section 5121(b))''.

    (b) <>  Effective Date.--The amendment made
    by this section shall take effect as if included in section 11125 of the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users.

    SEC. 109. AMENDMENTS RELATING TO THE AMERICAN JOBS CREATION ACT OF 2004.

    (a) Amendment Relating to Section 233.--Section 1361(c)(2)(B)(vi) is
    amended by striking ``a shareholder'' and inserting ``the shareholder''.
    (b) Amendment Relating to Section 319.--Section 501(c)(12)(E) is
    amended by striking ``means the Federal Energy Regulatory Commission''
    and all that follows and inserting: ``means--
    ``(i) the Federal Energy Regulatory
    Commission, or
    ``(ii) in the case of any utility with respect
    to which all of the electricity generated,
    transmitted, or distributed by such utility is
    generated, transmitted, distributed, and consumed
    in the same State, the State agency of such State
    with the authority to regulate electric
    utilities.''.

    (c) <>  Effective Date.--The amendments made
    by this section shall take effect as if included in section 319 of the
    American Jobs Creation Act of 2004.

    TITLE II--TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT RULES

    SEC. 201. SCOPE OF ADJUSTMENTS SUBJECT TO PARTNERSHIP AUDIT RULES.

    (a) In General.--Section 6241(2) is amended to read as follows:
    ``(2) Partnership adjustment.--
    ``(A) In general.--The term `partnership adjustment'
    means any adjustment to a partnership-related item.
    ``(B) Partnership-related item.--The term
    `partnership-related item' means--

    [[Page 1172]]

    ``(i) any item or amount with respect to the
    partnership (without regard to whether or not such
    item or amount appears on the partnership's return
    and including an imputed underpayment and any item
    or amount relating to any transaction with, basis
    in, or liability of, the partnership) which is
    relevant (determined without regard to this
    subchapter) in determining the tax liability of
    any person under chapter 1, and
    ``(ii) any partner's distributive share of any
    item or amount described in clause (i).''.

    (b) Coordination With Other Chapters.--
    (1) In general.--Section 6241 <>  is
    amended by adding at the end the following new paragraph:
    ``(9) Coordination with other chapters.--
    ``(A) In general.--This subchapter shall not apply
    with respect to any tax imposed (including any amount
    required to be deducted or withheld) under chapter 2,
    2A, 3, or 4, except that any partnership adjustment
    determined under this subchapter for purposes of chapter
    1 shall be taken into account for purposes of
    determining any such tax to the extent that such
    adjustment is relevant to such determination.
    ``(B) Timing of withholding.--In the case of any tax
    imposed (including any amount required to be deducted or
    withheld) under chapter 3 or 4, which is determined with
    respect to an adjustment described in subparagraph (A),
    such tax--
    ``(i) shall be so determined with respect to
    the reviewed year, and
    ``(ii) shall be so imposed (or so required to
    be deducted or withheld) with respect to the
    adjustment year.
    ``(C) Statute of limitation on assessment.--For
    special rule with respect to limitation on assessment of
    taxes under chapter 2 or 2A which are attributable to
    any partnership adjustment, see section 6501(c)(12).''.
    (2) Special rule.--Section 6501(c) is amended by adding at
    the end the following new paragraph:
    ``(12) Certain taxes attributable to partnership
    adjustments.--In the case of any partnership adjustment
    determined under subchapter C of chapter 63, the period for
    assessment of any tax imposed under chapter 2 or 2A which is
    attributable to such adjustment shall not expire before the date
    that is 1 year after--
    ``(A) in the case of an adjustment pursuant to the
    decision of a court in a proceeding brought under
    section 6234, such decision becomes final, or
    ``(B) in any other case, 90 days after the date on
    which the notice of the final partnership adjustment is
    mailed under section 6231.''.

    (c) Conforming Amendments.--
    (1) Section 6211(c) is amended to read as follows:

    ``(c) Coordination With Subchapter C.--In determining the amount of
    any deficiency for purposes of this subchapter, adjustments to
    partnership-related items shall be made only as provided in subchapter
    C.''.

    [[Page 1173]]

    (2) Section 6221(a) <>  is amended to
    read as follows:

    ``(a) In General.--Any adjustment to a partnership-related item
    shall be determined, and any tax attributable thereto shall be assessed
    and collected, and the applicability of any penalty, addition to tax, or
    additional amount which relates to an adjustment to any such item shall
    be determined, at the partnership level, except to the extent otherwise
    provided in this subchapter.''.
    (3) Section 6222(a) is amended to read as follows:

    ``(a) In General.--A partner shall, on the partner's return, treat
    any partnership-related item in a manner which is consistent with the
    treatment of such item on the partnership return.''.
    (4) Section 6226(a)(2) is amended by striking ``any
    adjustment to income, gain, loss, deduction, or credit'' and
    inserting ``any adjustment to a partnership-related item''.
    (5) Section 6227(a) is amended by striking ``items of
    income, gain, loss, deduction, or credit of the partnership''
    and inserting ``partnership-related items''.
    (6) Section 6231(a)(1) is amended by striking ``any item of
    income, gain, loss, deduction, or credit of a partnership for a
    partnership taxable year'' and inserting ``any partnership-
    related item for any partnership taxable year''.
    (7) Section 6234(c) is amended by striking ``all items of
    income, gain, loss, deduction, or credit of the partnership''
    and inserting ``all partnership-related items''.
    (8) Section 7485(b) is amended by striking ``partnership
    items'' and inserting ``partnership-related items (as defined in
    section 6241)''.

    SEC. 202. DETERMINATION OF IMPUTED UNDERPAYMENTS.

    (a) In General.--Section 6225(b) is amended to read as follows:
    ``(b) Determination of Imputed Underpayments.--For purposes of this
    subchapter--
    ``(1) In general.--Except as otherwise provided in this
    section, any imputed underpayment with respect to any reviewed
    year shall be determined by the Secretary by--
    ``(A) appropriately netting all partnership
    adjustments with respect to such reviewed year, and
    ``(B) applying the highest rate of tax in effect for
    the reviewed year under section 1 or 11.
    ``(2) Adjustments to distributive shares of partners not
    netted.--In the case of any adjustment which reallocates the
    distributive share of any item from one partner to another, such
    adjustment shall be taken into account by disregarding so much
    of such adjustment as results in a decrease in the amount of the
    imputed underpayment.
    ``(3) Adjustments separately netted by category.--For
    purposes of paragraph (1)(A), partnership adjustments for any
    reviewed year shall first be separately determined (and netted
    as appropriate) within each category of items that are required
    to be taken into account separately under section 702(a) or
    other provision of this title.
    ``(4) Limitation on adjustments that may be taken into
    account.--If any adjustment would (but for this paragraph)--
    ``(A) result in a decrease in the amount of the
    imputed underpayment, and
    ``(B) could be subject to any additional limitation
    under the provisions of this title (or not allowed, in
    whole or

    [[Page 1174]]

    in part, against ordinary income) if such adjustment
    were taken into account by any person,
    such adjustment shall not be taken into account under paragraph
    (1)(A) except to the extent otherwise provided by the
    Secretary.''.

    (b) Modifications of Imputed Underpayments.--
    (1) Section 6225(c)(3) <>  is amended by
    striking ``without regard to the portion thereof'' and inserting
    ``without regard to the portion of the adjustment''.
    (2) Section 6225(c)(4)(A) is amended by striking ``with
    respect to any portion of the imputed underpayment'' and
    inserting ``with respect to any portion of the adjustment''.
    (3) Section 6225(c)(5)(A)(i) is amended by striking
    ``without regard to the portion thereof'' and inserting
    ``without regard to the portion of the adjustment''.

    (c) Conforming Amendments.--
    (1) Section 6225(a) is amended to read as follows:

    ``(a) In General.--In the case of any adjustments by the Secretary
    to any partnership-related items with respect to any reviewed year of a
    partnership--
    ``(1) if such adjustments result in an imputed underpayment,
    the partnership shall pay an amount equal to such imputed
    underpayment in the adjustment year as provided in section 6232,
    and
    ``(2) if such adjustments do not result in an imputed
    underpayment, such adjustments shall be taken into account by
    the partnership in the adjustment year.''.
    (2) Section 6225(c) is amended by adding at the end the
    following new paragraph:
    ``(9) Modification of adjustments not resulting in an
    imputed underpayment.--The Secretary shall establish procedures
    under which the adjustments described in subsection (a)(2) may
    be modified in such manner as the Secretary determines
    appropriate.''.

    SEC. 203. ALTERNATIVE PROCEDURE TO FILING AMENDED RETURNS FOR PURPOSES
    OF MODIFYING IMPUTED UNDERPAYMENT.

    (a) In General.--Section 6225(c)(2) is amended to read as follows:
    ``(2) Procedures for partners to take adjustments into
    account.--
    ``(A) Amended returns of partners.--Such procedures
    shall provide that if--
    ``(i) one or more partners file returns for
    the taxable year of the partners which includes
    the end of the reviewed year of the partnership
    (and for any taxable year with respect to which
    any tax attribute is affected by reason of any
    adjustment referred to in clause (ii)),
    ``(ii) such returns take into account all
    adjustments under subsection (a) properly
    allocable to such partners (and the effect of such
    adjustments on any tax attributes), and
    ``(iii) payment of any tax due is included
    with such returns,

    [[Page 1175]]

    then the imputed underpayment amount shall be determined
    without regard to the portion of the adjustments so
    taken into account.
    ``(B) Alternative procedure to filing amended
    returns.--Such procedures shall provide that, with
    respect to any partner referred to in subparagraph (A),
    the requirements of subparagraph (A) shall be treated as
    satisfied with respect to adjustments properly allocable
    to such partner if, in lieu of filing the returns
    described in such subparagraph--
    ``(i) the amounts described in subparagraph
    (A)(iii) are paid by the partner,
    ``(ii) the partner agrees to take into
    account, in the form and manner prescribed by the
    Secretary, the adjustments to the tax attributes
    of such partner referred to in subparagraph
    (A)(ii), and
    ``(iii) such partner provides, in the form and
    manner specified by the Secretary (including, if
    the Secretary so specifies, in the same form as on
    an amended return), such information as the
    Secretary may require to carry out this
    subparagraph.
    ``(C) Reallocation of distributive share.--In the
    case of any adjustment which reallocates the
    distributive share of any item from one partner to
    another, this paragraph shall apply with respect to any
    such partner only if the requirements of subparagraph
    (A) or (B) are satisfied with respect to all partners
    affected by such adjustment.
    ``(D) Application of statute of limitations.--In the
    case of adjustments referred to in subparagraph (A)(ii),
    sections 6501 and 6511 shall not apply with respect to
    any return filed for purposes of subparagraph (A)(i) or
    any amount paid under subparagraph (A)(iii) or (B)(i).
    ``(E) Adjustments to tax attributes binding for
    affected taxable years of partner.--The adjustments to
    the tax attributes of any partner provided for in
    subparagraph (A)(ii) or (B)(ii) shall be binding with
    respect to the taxable year of the partner which
    includes the end of the reviewed year of the partnership
    and any taxable years for which any tax attribute is
    affected by such adjustment. Any failure to so treat any
    such tax attribute shall be treated for purposes of this
    title in the same manner as a failure to treat a
    partnership-related item in a manner which is consistent
    with the treatment of such item on the partnership
    return within the meaning of section 6222.
    ``(F) Application to partnerships and s corporations
    in tiered structures.--
    ``(i) In general.--In the case of any
    partnership any partner of which is a partnership,
    subparagraph (A) or (B) may apply with respect to
    any partner (hereafter in this subparagraph
    referred to as the `relevant partner') in the
    chain of ownership of such partnerships if--
    ``(I) such information as the
    Secretary may require is furnished to
    the Secretary for purposes of carrying
    out this paragraph with respect to such

    [[Page 1176]]

    partnerships (including any information
    the Secretary may require with respect
    to any chain of ownership of the
    relevant partner), and
    ``(II) to such extent as the
    Secretary may require, each partnership
    in the chain of ownership between the
    relevant partner and the audited
    partnership satisfies the requirements
    of subparagraph (A) or (B).
    ``(ii) Treatment of s corporations.--For
    purposes of clause (i), an S corporation and its
    shareholders shall be treated in the same manner
    as a partnership and its partners.''.

    (b) Conforming Amendment.--Section 6201(a)(1) <>  is amended by inserting ``(or payments under section
    6225(c)(2)(B)(i))'' after ``returns or lists''.

    SEC. 204. TREATMENT OF PASSTHROUGH PARTNERS IN TIERED STRUCTURES.

    (a) In General.--Section 6226(b) is amended by adding at the end the
    following new paragraph:
    ``(4) Treatment of partnerships and s corporations in tiered
    structures.--
    ``(A) In general.--If a partner which receives a
    statement under subsection (a)(2) is a partnership or an
    S corporation, such partner shall, with respect to the
    partner's share of the adjustment--
    ``(i) file with the Secretary a partnership
    adjustment tracking report which includes such
    information as the Secretary may require, and
    ``(ii)(I) furnish statements under rules
    similar to the rules of subsection (a)(2), or
    ``(II) if no such statements are furnished,
    compute and pay an imputed underpayment under
    rules similar to the rules of section 6225 (other
    than paragraphs (2), (7), and (9) of subsection
    (c) thereof).
    ``(B) Due date.--For purposes of subparagraph (A),
    with respect to a partner's share of the adjustment, the
    partnership adjustment tracking report shall be filed,
    and the imputed underpayment shall be paid or statements
    shall be furnished, not later than the due date for the
    return for the adjustment year of the audited
    partnership.
    ``(C) Partnership payment of tax if elected out of
    subchapter.--In the case of a partnership which has
    elected the application of section 6221(b) with respect
    to the taxable year of the partnership which includes
    the end of the reviewed year of the audited partnership,
    this paragraph shall apply notwithstanding such
    election.
    ``(D) Audited partnership.--For purposes of this
    paragraph, the term `audited partnership' means, with
    respect to any partner described in subparagraph (A),
    the partnership in the chain of ownership originally
    electing the application of this section.
    ``(E) Treatment of trusts.--The Secretary shall
    prescribe such rules as may be necessary with respect to
    trusts which receive a statement under subsection
    (a)(2).''.

    (b) Conforming Amendments.--

    [[Page 1177]]

    (1) Section 6226(b)(1) <>  is amended by
    striking ``Each partner's'' and inserting ``Except as provided
    in paragraph (4), each partner's''.
    (2) Section 6226(c)(2) is amended by inserting ``or which is
    described in subsection (b)(4)(A)(ii)(I),'' after ``is
    elected,''.

    SEC. 205. TREATMENT OF FAILURE OF PARTNERSHIP TO PAY IMPUTED
    UNDERPAYMENT.

    (a) In General.--Section 6232 is amended by adding at the end the
    following new subsection:
    ``(f) Failure to Pay Imputed Underpayment.--
    ``(1) In general.--If any amount of any imputed underpayment
    to which section 6225 applies or any specified similar amount
    (or any interest or penalties with respect to any such amount)
    has not been paid by the date which is 10 days after the date on
    which the Secretary provides notice and demand for such
    payment--
    ``(A) section 6621(a)(2)(B) shall be applied by
    substituting `5 percentage points' for `3 percentage
    points' with respect to such amount, and
    ``(B) the Secretary may assess upon each partner of
    the partnership (determined as of the close of the
    adjustment year or, if the partnership has ceased to
    exist as of such time, the former partners of the
    partnership as determined for purposes of section
    6241(7)) a tax equal to such partner's proportionate
    share of such amount (including any such interest or
    penalties, determined after application of subparagraph
    (A)).
    ``(2) Specified similar amount.--For purposes of this
    subsection, the term `specified similar amount' means--
    ``(A) the amount described in subclause (II) of
    section 6226(b)(4)(A)(ii) (including any failure to
    satisfy the requirement of subclause (I) of such section
    which is treated as a failure to pay such amount under
    section 6651(i)), and
    ``(B) any amount assessed under paragraph (1)(B)
    upon a partner which is a partnership.
    ``(3) Proportionate share.--For purposes of paragraph (1), a
    partner's proportionate share is such percentage as the
    Secretary may determine on the basis of such partner's
    distributive share. The Secretary shall make determinations
    under the preceding sentence such that the aggregate
    proportionate shares so determined total 100 percent.
    ``(4) Coordination with partnership liability.--The
    liability of the partnership for any amount with respect to
    which a partner is made liable under paragraph (1) shall be
    reduced upon payment by the partner of such amount. Paragraph
    (1)(B) shall not apply with respect to any amount after the date
    on which such amount is paid by the partnership.
    ``(5) S corporations.--For purposes of this subsection, an S
    corporation and its shareholders shall be treated in the same
    manner as a partnership and its partners.
    ``(6) Rules related to assessment and collection.--
    ``(A) Deficiency procedures not applicable.--
    Subchapter B shall not apply to any assessment or
    collection under this paragraph.

    [[Page 1178]]

    ``(B) Limitation on assessment.--Except as otherwise
    provided in this subtitle, no assessment may be made (or
    proceeding in court begun without assessment) with
    respect to any partner with respect to an amount under
    paragraph (1) after the date which is 2 years after the
    date on which the Secretary provides the notice and
    demand referred to in paragraph (1) with respect to such
    amount.''.

    (b) Conforming Amendment.--Section 6501(c)(4) <> (A) is amended by striking ``in this section''.

    SEC. 206. OTHER TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT
    RULES.

    (a) Limitation on Amendment of Statements Furnished to Partners Not
    Applicable to Partnerships Electing Out of Partnership Audit Rules.--
    Section 6031(b) is amended by striking the last sentence and inserting
    the following: ``Information required to be furnished by the partnership
    under this subsection may not be amended after the due date of the
    return under subsection (a) to which such information relates, except--
    ``(1) in the case of a partnership which has elected the
    application of section 6221(b) for the taxable year,
    ``(2) as provided in the procedures under section 6225(c),
    ``(3) with respect to statements under section 6226, or
    ``(4) as otherwise provided by the Secretary.''.

    (b) Administrative Adjustment Request and Partnership Adjustment
    Tracking Report Not Treated as Amended Return for Purposes of
    Modification of Imputed Underpayments.--Section 6225(c)(2), as amended
    by the preceding provisions of this Act, is amended by adding at the end
    the following new subparagraph:
    ``(F) Adjustments not treated as amended return.--An
    administrative adjustment request under section 6227 and
    a partnership adjustment tracking report under section
    6226(b)(4)(A) shall not be treated as a return for
    purposes of this paragraph.''.

    (c) Authority to Require e-filing of Materials in Connection With
    Modification of Imputed Underpayments, etc.--Section 6241, as amended by
    the preceding provisions of this Act, is amended by adding at the end
    the following new paragraph:
    ``(10) Authority to require electronic filing.--
    Notwithstanding section 6011(e), the Secretary may require that
    anything required to be filed or submitted under section
    6225(c), or to be furnished to or filed with the Secretary under
    section 6226, be so filed, submitted, or furnished by magnetic
    media or in other machine-readable form.''.

    (d) Clarification of Assessment Authority.--Section 6226(a) is
    amended by inserting ``(and no assessment of tax, levy, or proceeding in
    any court for the collection of such underpayment shall be made against
    such partnership)'' after ``section 6225 shall not apply with respect to
    such underpayment''.
    (e) Treatment of Partnership Adjustments That Result in Decrease in
    Tax in Case of Election to Push Out Adjustments.--Section 6226(b) is
    amended--
    (1) by striking ``increased'' in paragraph (1) and inserting
    ``adjusted'',
    (2) by striking ``adjustment amounts'' each place it appears
    in paragraphs (1) and (2) and inserting ``correction amounts'',

    [[Page 1179]]

    (3) by striking ``increase'' each place it appears in
    subparagraphs (A) and (B) of paragraph (2) and inserting
    ``increase or decrease'',
    (4) by striking ``plus'' at the end of paragraph (2)(A) and
    inserting ``and'', and
    (5) by striking ``Adjustment amounts'' in the heading of
    paragraph (2) and inserting ``Correction amounts''.

    (f) Coordination of Statute of Limitation on Filing Administration
    Adjustment Request With Adjustments Related to Foreign Tax Credits.--
    Section 6227 <>  is amended by adding at the end the
    following new subsection:

    ``(d) Coordination With Adjustments Related to Foreign Tax
    Credits.--The Secretary shall issue regulations or other guidance which
    provide for the proper coordination of this section and section
    905(c).''.
    (g) Clarification of Assessment of Imputed Underpayments.--
    (1) In general.--Section 6232(a) is amended by striking
    ``except that in the case of'' and all that follows and
    inserting the following: ``except that--
    ``(1) subchapter B of chapter 63 shall not apply, and
    ``(2) in the case of an administrative adjustment request to
    which section 6227(b)(1) applies, the underpayment shall be paid
    and may be assessed when the request is filed.''.
    (2) Conforming amendment.--Section 6232(b) is amended--
    (A) by striking ``assessment of a deficiency'' and
    inserting ``assessment of an imputed underpayment'', and
    (B) by adding at the end the following new flush
    matter:

    ``The preceding sentence shall not apply in the case of a specified
    similar amount (as defined in subsection (f)(2)).''.
    (h) Time Limitation for Notice of Proposed Adjustment.--
    (1) In general.--Section 6231 is amended by redesignating
    subsections (b) and (c) as subsections (c) and (d),
    respectively, and by inserting after subsection (a) the
    following new subsection:

    ``(b) Timing of Notices.--
    ``(1) Notice of proposed partnership adjustment.--Any notice
    of a proposed partnership adjustment shall not be mailed later
    than the date determined under section 6235 (determined without
    regard to paragraphs (2) and (3) of subsection (a) thereof).
    ``(2) Notice of final partnership adjustment.--
    ``(A) In general.--Except to the extent that the
    partnership elects to waive the application of this
    subparagraph, any notice of a final partnership
    adjustment shall not be mailed earlier than 270 days
    after the date on which the notice of the proposed
    partnership adjustment is mailed.
    ``(B) Statute of limitations on adjustment.--For the
    period of limitations on making adjustments, see section
    6235.''.
    (2) Conforming amendment.--Section 6231(a) is amended by
    striking ``Any notice of a final partnership adjustment'' and
    all that follows through ``Such notices'' and inserting ``Any
    notice of a final partnership adjustment''.

    [[Page 1180]]

    (i) Deposit to Suspend Interest on Imputed Underpayment.--Section
    6233 <>  is amended by adding at the end the
    following new subsection:

    ``(c) Deposit to Suspend Interest.--For rules allowing deposits to
    suspend running of interest on potential underpayments, see section
    6603.''.
    (j) Deposit to Meet Jurisdictional Requirement.--The first sentence
    of section 6234(b) is amended by striking ``the amount of the imputed
    underpayment (as of the date of the filing of the petition)'' and
    inserting ``the amount of (as of the date of the filing of the petition)
    the imputed underpayment, penalties, additions to tax, and additional
    amounts with respect to such imputed underpayment''.
    (k) Corrections Related to Period of Limitation on Making
    Adjustments.--
    (1) Section 6235(a) is amended--
    (A) by inserting ``or section 905(c)'' after
    ``Except as otherwise provided in this section'', and
    (B) by striking ``subpart'' and inserting
    ``subchapter''.
    (2) Section 6235(a)(3) is amended by striking ``section
    6225(c)(7)'' and inserting ``section 6225(c)(7))''.
    (3) Section 6235(c)(2) is amended by striking ``section
    6501(e)(1)(A)'' and inserting ``subparagraph (A) or (C) of
    section 6501(e)(1)''.
    (4) Section 6235(c) is amended by adding at the end the
    following new subparagraphs:
    ``(5) Information required to be reported.--In the case of a
    partnership that is required to report any information described
    in section 6501(c)(8), the time for making any adjustment under
    this subchapter with respect to any tax return, event, or period
    to which such information relates shall not expire before the
    date that is determined under section 6501(c)(8).
    ``(6) Listed transactions.--If a partnership fails to
    include on any return or statement any information with respect
    to a listed transaction as described in section 6501(c)(10), the
    time for making any adjustment under this subchapter with
    respect to such transaction shall not expire before the date
    that is determined under section 6501(c)(10).''.
    (5) Section 6235 is amended by striking subsection (d).

    (l) Treatment of Special Enforcement Matters.--Section 6241, as
    amended by the preceding provisions of this Act, is amended by adding at
    the end the following new paragraph:
    ``(11) Treatment of special enforcement matters.--
    ``(A) In general.--In the case of partnership-
    related items which involve special enforcement matters,
    the Secretary may prescribe regulations pursuant to
    which--
    ``(i) this subchapter (or any portion thereof)
    does not apply to such items, and
    ``(ii) such items are subject to such special
    rules (including rules related to assessment and
    collection) as the Secretary determines to be
    necessary for the effective and efficient
    enforcement of this title.
    ``(B) Special enforcement matters.--For purposes of
    subparagraph (A), the term `special enforcement matters'
    means--

    [[Page 1181]]

    ``(i) failure to comply with the requirements
    of section 6226(b)(4)(A)(ii),
    ``(ii) assessments under section 6851
    (relating to termination assessments of income
    tax) or section 6861 (relating to jeopardy
    assessments of income, estate, gift, and certain
    excise taxes),
    ``(iii) criminal investigations,
    ``(iv) indirect methods of proof of income,
    ``(v) foreign partners or partnerships, and
    ``(vi) other matters that the Secretary
    determines by regulation present special
    enforcement considerations.''.

    (m) United States Shareholders and Certain Other Persons Treated as
    Partners.--Section 6241, as amended by the preceding provisions of this
    Act, <>  is amended by adding at the end the
    following new paragraph:
    ``(12) United states shareholders and certain other persons
    treated as partners.--
    ``(A) In general.--Except as otherwise provided by
    the Secretary, in the case of any controlled foreign
    corporation (as defined in section 957 or 953(c)(1))
    which is a partner of a partnership, each United States
    shareholder (as defined in section 951(b) or 953(c)(1))
    with respect to such controlled foreign corporation
    shall be treated for purposes of this subchapter as a
    partner of such partnership. For purposes of the
    preceding sentence, any distributive share of any such
    United States shareholder with respect to such
    partnership shall, except as otherwise provided by the
    Secretary, be equal to such United States shareholder's
    pro rata share with respect to such controlled foreign
    corporation (determined under rules similar to the rules
    of section 951(a)(2)).
    ``(B) Passive foreign investment companies.--For
    purposes of subparagraph (A), in the case of a passive
    foreign investment company (as defined in section 1297),
    each taxpayer that makes an election under section 1295
    with respect to such company shall be treated in the
    same manner as United States shareholders under
    subparagraph (A), except that such taxpayer's pro rata
    share with respect to the passive foreign investment
    company shall be determined under rules similar to the
    rules of section 1293(b).
    ``(C) Regulations or other guidance.--The Secretary
    shall issue such regulations or other guidance as is
    necessary or appropriate to carry out the purposes of
    this paragraph, including regulations which apply the
    rules of subparagraph (A) in similar circumstances or
    with respect to similarly situated persons.''.

    (n) Penalties Related to Administrative Adjustment Requests and
    Partnership Adjustment Tracking Reports.--
    (1) Failure to pay.--Section 6651 is amended by
    redesignating subsection (i) as subsection (j) and by inserting
    after subsection (h) the following new subsection:

    ``(i) Application to Imputed Underpayment.--For purposes of this
    section, any failure to comply with section 6226(b)(4)(A)(ii) shall be
    treated as a failure to pay the amount described in subclause (II)
    thereof and such amount shall be treated for purposes

    [[Page 1182]]

    of this section as an amount shown as tax on a return specified in
    subsection (a)(1).''.
    (2) Failure to file partnership adjustment tracking
    report.--Section 6698(a) <>  is amended--
    (A) in the matter preceding paragraph (1) by
    inserting ``, or a partnership adjustment tracking
    report under section 6226(b)(4)(A),'' after ``under
    section 6031'',
    (B) in paragraph (1) by inserting ``, or such
    report,'' after ``such return'', and
    (C) in paragraph (2)--
    (i) by inserting ``or a report'' after ``a
    return'', and
    (ii) by inserting ``or 6226(b)(4)(A),
    respectively'' before the comma at the end.
    (3) Tax return preparer related penalties.--Section
    6696(e)(1) is amended by inserting ``, any administrative
    adjustment request under section 6227, and any partnership
    adjustment tracking report under section 6226(b)(4)(A)'' before
    the period at the end.
    (4) Frivolous tax submissions.--Section 6702 is amended by
    adding at the end the following new subsection:

    ``(f) Partnership Adjustments.--An administrative adjustment request
    under section 6227 and a partnership adjustment tracking report under
    section 6226(b)(4)(A) shall be treated as a return for purposes of this
    section.''.
    (o) Adjusted Schedule K-1 Treated as Payee Statement.--Section
    6724(d)(2) is amended by striking ``or'' at the end of subparagraph
    (HH), by striking the period at the end of subparagraph (II) and
    inserting ``, or'', and by inserting after subparagraph (II) the
    following new subparagraph:
    ``(JJ) section 6226(a)(2) (relating to statements
    relating to alternative to payment of imputed
    underpayment by partnership) or under any other
    provision of this title which provides for the
    application of rules similar to such section.''.

    (p) Other Clerical Corrections.--
    (1) Section 6225(c)(7) is amended by striking ``submitted
    pursuant to paragraph (1)'' and inserting ``filed or submitted
    under this subsection''.
    (2) Section 6227(b) is amended by striking ``is made'' both
    places it appears and inserting ``is filed''.
    (3) Section 6227(b)(1) is amended by striking ``paragraphs
    (2), (6), and (7)'' and inserting ``paragraphs (2), (7), and
    (9)''.
    (4) Section 6232(b) is amended by striking ``this chapter''
    and inserting ``this subtitle (other than subchapter B of this
    chapter)''.
    (5) Section 6232(d)(1)(A) is amended by striking ``a item''
    and inserting ``an item''.
    (6) Section 6232(e) is amended by striking ``thereof''.
    (7) Section 6241(5) is amended by striking ``sections 6234''
    and inserting ``section 6234''.
    (8) Section 7485(b) is amended by striking ``a partner'' and
    inserting ``the partnership''.
    (9) The heading of the first part of subchapter C of chapter
    63 <>  is amended to read as follows:

    [[Page 1183]]

    ``PART I--IN GENERAL''.

    (10) The heading of the second part of subchapter C of
    chapter 63 <>  is amended to read as
    follows:

    ``PART II--PARTNERSHIP ADJUSTMENTS''.

    (11) The heading of the third part of subchapter C of
    chapter 63 <>  is amended to read as
    follows:

    ``PART III--PROCEDURE''.

    (12) The heading of the fourth part of subchapter C of
    chapter 63 <>  is amended to read as
    follows:

    ``PART IV--DEFINITIONS AND SPECIAL RULES''.

    SEC. 207. EFFECTIVE DATE <> .

    The amendments made by this title shall take effect as if included
    in section 1101 of the Bipartisan Budget Act of 2015.

    TITLE III--OTHER CORRECTIONS

    SEC. 301. AMENDMENTS RELATING TO THE BIPARTISAN BUDGET ACT OF 2015.

    (a) Amendments Relating to Section 1101.--
    (1) Section 6011(e) is amended by adding at the end the
    following new paragraph:
    ``(5) Special rules for partnerships.--
    ``(A) Partnerships permitted to be required to file
    on magnetic media.--In the case of a partnership,
    paragraph (2)(A) shall be applied by substituting for
    `250' the following amount:
    ``(i) In the case of returns and statements
    relating to calendar year 2018, `200'.
    ``(ii) In the case of returns and statements
    relating to calendar year 2019, `150'.
    ``(iii) In the case of returns and statements
    relating to calendar year 2020, `100'.
    ``(iv) In the case of returns and statements
    relating to calendar year 2021, `50'.
    ``(v) In the case of returns and statements
    relating to calendar years after 2021, `20'.
    ``(B) Partnerships required to file on magnetic
    media.--Notwithstanding subparagraph (A) and paragraph
    (2)(A), the Secretary shall require partnerships having
    more than 100 partners to file returns on magnetic
    media.''.
    (2) Section 6011(e)(2) is amended by striking the last
    sentence.

    (b) Effective Date <> .--The amendments
    made by this section shall take effect as if included in section 1101 of
    the Bipartisan Budget Act of 2015.

    SEC. 302. AMENDMENTS RELATING TO THE ENERGY POLICY ACT OF 2005.

    (a) Amendments Relating to Section 1253.--

    [[Page 1184]]

    (1) Subclause (II) of section 168(e)(3)(B)(vi) <>  is amended by striking ``is a qualifying small power
    production facility'' and all that follows and inserting ``has a
    power production capacity of not greater than 80 megawatts,
    or''.
    (2) The last sentence of section 168(e)(3)(B) is amended by
    striking ``clause (vi)(I)'' and all that follows and inserting
    ``subclause (I) or (II) of clause (vi) by reason of being public
    utility property.''.

    (b) Effective Date <> .--The amendments made
    by this section shall apply to property placed in service after the date
    of the enactment of this Act.

    TITLE IV--CLERICAL CORRECTIONS AND DEADWOOD

    SEC. 401. CLERICAL CORRECTIONS AND DEADWOOD-RELATED PROVISIONS.

    (a) Clerical Corrections.--
    (1) The table of subchapters for chapter 1 <>  is amended by moving the item relating to subchapter
    R before the item relating to subchapter S.
    (2)(A) Sections 22(c)(3)(A)(i)(III), 104(b)(2)(D),
    140(a)(3), and 149(b)(3)(A)(i) are each amended by striking
    ``Veterans' Administration'' and inserting ``Department of
    Veterans Affairs''.
    (B) The heading of section 4980H(c)(2)(F) is amended by
    striking ``Veterans administration'' and inserting ``Department
    of veterans affairs''.
    (C) Section 6050H(h)(3)(B)(i) is amended by striking
    ``Veterans Administration'' and inserting ``Department of
    Veterans Affairs''.
    (3) Section 24(d) is amended by redesignating paragraph (5)
    as paragraph (3).
    (4) Section 25C(b)(2) is amended by striking ``subsection
    (c)(2)(B)'' and inserting ``subsection (c)(3)(B)''.
    (5) Section 25C(d)(3) is amended--
    (A) by striking the period at the end of
    subparagraph (B) and inserting a comma, and
    (B) by striking the period at the end of
    subparagraph (D) and inserting ``, and''.
    (6) Section 25C(g)(2) is amended by striking ``2017..'' and
    inserting ``2017.''.
    (7) The table of sections for subpart D of part IV of
    subchapter A of chapter 1 <>  is
    amended--
    (A) by striking the item relating to section 41
    which relates to the employee stock ownership credit,
    and
    (B) by moving the item relating to section 45K after
    the item relating to section 45J.
    (8) Section 38(b)(34) is amended by adding a comma at the
    end.
    (9) The heading of section 40(g)(2) is amended by striking
    ``Aggregration'' and inserting ``Aggregation''.
    (10) The heading of section 42(e)(2)(B) is amended by
    striking ``etc,'' and inserting ``etc.,''.

    [[Page 1185]]

    (11)(A) Section 42(d)(4)(C)(i) <>  is
    amended by striking ``as defined in paragraph (5)(C)'' and
    inserting ``as defined in paragraph (5)(B)(ii)''.
    (B) Section 42(f)(5)(B)(ii)(I) is amended by striking
    ``(d)(6)(C)'' and inserting ``(d)(6)(B)''.
    (C) Section 42(k)(2)(B) is amended--
    (i) by striking ``(d)(6)(B)'' and inserting
    ``(d)(6)(C)'', and
    (ii) by striking ``building..'' in clause (ii) and
    inserting ``building.''.
    (D) Section 42(m)(1)(B)(ii)(III) is amended by striking ``as
    defined in subsection (d)(5)(C)'' and inserting ``as defined in
    subsection (d)(5)(B)(ii)''.
    (12) Section 42(h)(5)(C)(ii) is amended by striking ``;
    and'' and inserting ``, and''.
    (13) Section 42(i)(3)(D)(ii)(I) is amended by striking the
    period at the end.
    (14) Section 45(c)(6) is amended by striking ``section
    2(27)'' and inserting ``section 1004(27)''.
    (15) Section 45(c)(7)(A)(i)(II) is amended by striking ``for
    purpose'' and inserting ``for the purpose''.
    (16) Section 45(c)(7)(A)(i)(III) is amended by striking the
    period at the end and inserting ``, or''.
    (17) Section 45C(b)(2)(A)(ii)(II) is amended by striking ``;
    and'' and inserting ``, and''.
    (18) Section 45D(f)(1)(F) is amended by adding ``, and'' at
    the end.
    (19) Section 45H(d) is amended by striking ``purposes this''
    and inserting ``purposes of this''.
    (20) Section 48(a)(1) is amended by striking ``(3)(B), and
    (4)(B)'' and inserting ``and (3)(B)''.
    (21) Section 48(a)(6)(B) is amended by striking ``property
    energy property'' and inserting ``energy property''.
    (22) Section 48(c)(2)(B) is amended by striking ``equal
    $200'' and inserting ``equal to $200''.
    (23) Section 48(d)(3) is amended--
    (A) by striking ``shall'' in the matter that
    precedes subparagraph (A), and
    (B) by inserting ``shall'' before ``not'' in
    subparagraph (A).
    (24) Section 49(a)(1)(D)(iii) is amended by striking
    ``share-holder'' in the last sentence and inserting
    ``shareholder''.
    (25) Section 50(b)(2)(A) is amended by striking the period
    at the end and inserting a semicolon.
    (26) Section 51(c)(4) is amended by adding a period at the
    end.
    (27) Section 51(d)(3)(A)(ii)(II) is amended by adding a
    comma at the end.
    (28) Section 51(d)(8) is amended by striking ``food stamp
    recipient'' in the heading thereof and inserting ``supplemental
    nutrition assistance program benefits recipient''.
    (29) Section 51(i)(1)(A) is amended by striking ``entity,''
    and inserting ``entity''.
    (30) Section 58(a)(2)(A) is amended by striking ``461(j)''
    and inserting ``461(k)''.
    (31) Section 62(a)(20) is amended by inserting a comma after
    ``United States Code''.

    [[Page 1186]]

    (32) Section 62(e)(1) <>  is amended by
    striking ``(2 U.S.C. 1202)'' and inserting ``(42 U.S.C. 2000e-
    16b)''.
    (33) Section 68(b)(2) is amended by striking ``shall be
    shall be'' and inserting ``shall be''.
    (34) The heading of section 82 is amended by striking
    ``for expenses of moving'' and
    inserting ``of moving expenses''.
    (35) The heading of section 84 is amended by striking
    ``political organization'' and inserting
    ``political organizations''.
    (36) Section 105(h)(7)(B) is amended by striking
    ``subparagraph (A)'' and inserting ``subparagraph (A))''.
    (37) Section 125(e)(2) is amended by striking
    ``subparagraphs'' and inserting ``subparagraph''.
    (38) Section 132(c)(4) is amended by striking ``peforming''
    and inserting ``performing''.
    (39) Section 134(b)(6) is amended by striking ``an combat''
    and inserting ``a combat''.
    (40) Section 137(c) is amended by striking ``section 514''
    in the second sentence and inserting ``section 541''.
    (41) Section 139(c)(2) is amended by striking ``federally''
    and inserting ``a federally''.
    (42) Section 139E(c)(1) is amended by striking ``(43 U.S.C.
    1601, et seq.)'' and inserting ``(43 U.S.C. 1601 et seq.)''.
    (43) Section 139E(c)(3) is amended by striking ``2013'' and
    inserting ``2014''.
    (44) Section 3(a) of the Tribal General Welfare Exclusion
    Act of 2014 <>  is amended by striking
    ``subsection'' and inserting ``section''.
    (45) Section 4(c) of such Act <>
    is amended by striking ``subsection'' and inserting ``section''.
    (46) The item relating to section 143 in the table of
    sections for subpart A of part IV of subchapter B of chapter 1
    is amended to read as follows:

    ``Sec. 143. Mortgage revenue bonds; qualified mortgage bond and
    qualified veterans' mortgage bond.''.

    (47) Section 142(d)(2)(C) is amended by inserting
    ``section'' before ``42(i)(3)(D)''.
    (48) Section 163(e)(5)(C)(ii) is amended by inserting ``in''
    before ``subsection (i)(1)(B)''.
    (49) Section 168(d)(3)(B)(i) is amended by inserting a comma
    after ``real property''.
    (50) Section 168(e)(3)(C)(i) is amended by striking ``and''.
    (51) Section 169(d)(5)(B) is amended by inserting ``a''
    before ``facility''.
    (52) Section 170(b)(1)(A)(ix) is amended by inserting
    ``National'' before ``Agricultural''.
    (53) Section 172(d)(5) is amended by striking ``section
    243'' and inserting ``sections 243''.
    (54) Section 179D(d)(1)(B) is amended by striking ``which''
    and inserting ``such that''.
    (55) Section 219(f)(1) is amended by striking ``term
    compensation includes'' in the last sentence and inserting
    ``term `compensation' includes''.
    (56) Section 219(g)(8) is amended by striking ``shall each
    be'' and inserting ``shall be''.
    (57) Section 223(c)(2)(C) is amended by striking ``section
    1871'' and inserting ``section 1861''.

    [[Page 1187]]

    (58) Section 223(d)(2)(A) <>  is amended
    by striking ``section 213(d)'' and inserting ``section
    213(d))''.
    (59) The item relating to section 280H in the table of
    sections for part IX of subchapter B of chapter 1 <>  is amended to read as follows:

    ``Sec. 280H. Limitation on certain amounts paid to employee-owners by
    personal service corporations electing alternative taxable
    years.''.

    (60) Subparagraphs (F) and (G) of section 263(a)(1) are each
    amended by striking the semicolon at the end and inserting a
    comma.
    (61) Section 263(a)(1) is amended by redesignating
    subparagraphs (I) through (L) as subparagraphs (H) through (K),
    respectively.
    (62) Section 280C(a) is amended by striking ``and 1396(a),''
    and inserting ``1396(a),''.
    (63) The heading of section 331 is amended by striking
    ``shareholders'' and inserting
    ``shareholder''.
    (64) Section 338(h)(3)(A)(iii) is amended by striking
    ``paragaraph'' and inserting ``paragraph''.
    (65) The second sentence of section 355(h)(2)(B) is amended
    by striking ``of assets''.
    (66) The heading of subpart C of part III of subchapter C of
    chapter 1 <>  is amended by striking
    ``Corporation'' and inserting ``Corporations''.
    (67) Section 362(a) is amended by striking the comma after
    ``acquired''.
    (68) Section 368(a)(2)(F)(vii) is amended by striking ``(15
    U.S.C. 80a-2(36))'' and inserting ``(15 U.S.C. 80a-2(a)(36))''.
    (69) Section 401(a)(2) is amended by striking
    ``determination).;'' and inserting ``determination));''.
    (70) Section 401(a)(15) is amended by striking ``a trust''
    and inserting ``A trust''.
    (71) Section 401(a)(32)(A) is amended by striking ``section
    section'' both places it appears and inserting ``section''.
    (72) Section 401(c)(2)(A)(iii) is amended by striking
    ``sections 3121(d)(3)(A), (C), or (D), without regard to
    paragraph (2) of section 1402(c)'' and inserting ``subparagraph
    (A), (C), or (D) of section 3121(d)(3), without regard to
    section 1402(c)(2)''.
    (73) Section 402(i) is amended by striking ``subparagraph
    (A) of subsection (d)(4)'' and inserting ``subsection
    (e)(4)(D)(i)''.
    (74) Section 404A(c)(4)(B) is amended by striking ``and'' at
    the end.
    (75) Section 408(a)(1) is amended by inserting ``or'' after
    ``subsection (d)(3)''.
    (76) Section 408(m)(3)(B) is amended by striking ``section
    7'' and inserting ``section 5''.
    (77) Section 408A(d)(3)(B) is amended by adding a period at
    the end.
    (78) Section 408A(e)(2)(B) is amended by striking ``the
    subparagraph (A)'' and inserting ``subparagraph (A)''.
    (79) Section 409(n)(1)(A)(i) is amended by striking
    ``securities,,,'' and inserting ``securities,''.
    (80) Section 409A(b)(3)(B)(i) is amended by striking the
    semicolon at the end and inserting a comma.

    [[Page 1188]]

    (81) The item relating to section 413 in the table of
    sections for subpart B of part I of subchapter D of chapter
    1 <>  is amended to read as follows:

    ``Sec. 413. Collectively bargained plans, etc.''.

    (82) Section 411(a)(4)(A) <>  is amended
    by striking the comma at the end and inserting a semicolon.
    (83) Section 412(c)(1)(A) is amended by adding a period at
    the end.
    (84) Section 412(c)(4)(B) is amended by inserting
    ``section'' before ``433(d)''.
    (85) Section 412(c)(7)(B)(iii) is amended by striking the
    comma after ``subchapter D''.
    (86) Section 413(b)(6) is amended by striking ``and the last
    sentence of section 4971(a)'' in the last sentence and inserting
    ``and section 4971(e)''.
    (87) Section 414(l)(2)(G) is amended by striking ``banks''
    in the heading thereof and inserting ``depository
    institutions''.
    (88) Section 414(u)(6) is amended by striking ``section
    457(b))'' and inserting ``section 457(b)))''.
    (89) Section 414(x)(1) is amended by striking ``are'' and
    inserting ``is''.
    (90) Section 414(y)(1)(C)(i) is amended by striking ``of
    such Code''.
    (91) Section 414(y)(2) is amended by striking
    ``subparagraph'' and inserting ``subparagraphs''.
    (92) Section 418E is amended by striking ``subsection
    432(b)(2)'' each place it appears and inserting ``section
    432(b)(2)''.
    (93) Section 418E(d)(1), as amended by the preceding
    paragraph, is amended--
    (A) by striking ``section 432(b)(2),,'' and
    inserting ``section 432(b)(2),'',
    (B) by striking ``section 432(b)(2),)'' and
    inserting ``section 432(b)(2))'', and
    (C) by striking ``compare the value of plan assets''
    and all that follows through ``for that plan year with''
    and inserting ``compare the value of plan assets for
    that plan year with''.
    (94) Section 418E(e)(1)(A) is amended to read as follows:
    ``(A) notify the Secretary and the parties described
    in section 101(f)(1) of the Employee Retirement Income
    Security Act of 1974 of that determination, and''.
    (95) The table of subparts for part I of subchapter D of
    chapter 1 <>  is amended by striking
    the item relating to subpart C and inserting the following:

    ``subpart c--insolvent plans''.

    (96) Section 419A(c)(6)(B) is amended by striking ``(42
    U.S.C. 300gg-91(d)(3))'' and inserting ``(42 U.S.C. 300gg-
    91(d)(3)))''.
    (97) Section 420(c)(1)(A) is amended by striking
    ``subsection (e)(1)(D)'' and inserting ``subsection (e)(1)(E)''.
    (98) Section 424(g) is amended by striking ``section
    422(a)(2)'' and inserting ``sections 422(a)(2)''.

    [[Page 1189]]

    (99) Section 430(c)(7)(E)(v)(II) <>  is
    amended by inserting ``the'' after ``title I of''.
    (100) Section 430(h)(2)(F) is amended by striking ``section
    417(e)(3)(D)(i)'' and inserting ``section 417(e)(3)(D)''.
    (101) Section 431(d)(2)(B)(i) is amended by striking ``this
    Act'' and inserting ``the Pension Protection Act of 2006''.
    (102) Section 432(b)(3)(A)(i) is amended by striking ``in
    endangered status for such plan year'' and all that follows
    through ``, whether or not'' and inserting the following: ``in
    endangered status for such plan year, or would be in endangered
    status for such plan year but for paragraph (5), whether or
    not''.
    (103) Section 432(b)(3)(B) is amended by redesignating the
    clause (iv) relating to projections of critical and declining
    status as clause (v).
    (104) Section 432(b)(3)(D)(iv) is amended by inserting a
    comma after ``Labor''.
    (105) Section 432(e)(8)(C)(iii) is amended by striking ``the
    Secretary shall'' and inserting ``The Secretary shall''.
    (106) So much of the text of section 432(f)(3) as precedes
    subparagraph (A) is amended to read as follows: ``During the
    period beginning on the date of the certification under
    subsection (b)(3)(A) for the initial critical year and ending on
    the date of the adoption of a rehabilitation plan--''.
    (107) Section 432(g)(1) is amended by striking ``subsection
    (e)(9))'' and inserting ``subsection (e)(9)''.
    (108) Section 433(c)(5)(C)(ii)(II) is amended by inserting
    ``of such Act'' after ``title IV''.
    (109)(A) The heading for section 433 is amended by inserting
    ``for csec plans'' after ``funding
    standards''.
    (B) The table of sections for subpart A of part III of
    subchapter D of chapter 1 <>  is
    amended by adding at the end the following new item:

    ``Sec. 433. Minimum funding standards for CSEC plans.''.

    (110) The item relating to section 436 in the table of
    sections for subpart B of part III of subchapter D of chapter
    1 <>  is amended to read as follows:

    ``Sec. 436. Funding-based limits on benefits and benefit accruals under
    single-employer plans.''.

    (111) The heading of section 453B is amended by striking
    ``loss disposition'' and inserting ``loss
    on disposition''.
    (112) Section 457(f)(4)(C)(i) is amended--
    (A) by striking ``section 9101'' and inserting
    ``section 8101'', and
    (B) by striking ``7801),'' and inserting
    ``7801)),''.
    (113) Section 457A(d)(4) is amended--
    (A) by striking ``case a foreign'' and inserting
    ``case of a foreign'', and
    (B) by striking ``had been'' and inserting ``been''.
    (114) Section 458(b)(9) is amended by striking
    ``Repurchased'' in the heading thereof and inserting
    ``Repurchase''.
    (115) Section 458(c)(1) is amended by striking ``regulations
    prescribed'' and inserting ``regulations prescribe''.
    (116) Section 460(b)(2)(A) is amended by inserting a comma
    after ``first''.

    [[Page 1190]]

    (117)(A) Section 461 <>  is amended by
    redesignating the second subsection (j) (relating to farming
    syndicate defined) as subsection (k).
    (B) Section 461(i)(4) is amended by striking ``subsection
    (j)'' and inserting ``subsection (k)''.
    (118) The heading of section 464 is amended by inserting
    ``expenses'' after ``farming''.
    (119) Section 464(d)(2)(B)(iii) is amended by striking
    ``subsection (c)(2)(E)'' and inserting ``section 461(k)(2)(E)''.
    (120) Section 470(d)(2)(B) is amended by striking ``clause
    (ii)'' and inserting ``subparagraph (A)(ii)''.
    (121) The item relating to part VIII in the table of parts
    for subchapter F of chapter 1 <>  is
    amended to read as follows:

    ``Part VIII. Certain Savings Entities''.

    (122) Section 501(c)(14)(B)(iv) is amended by adding a
    period at the end.
    (123) Section 501(c)(19)(B) is amended by striking
    ``widows,,'' and inserting ``widows,''.
    (124) Section 501(f)(3)(B) is amended by striking ``section
    115(a)'' and inserting ``section 115''.
    (125) The item relating to section 511 in the table of
    sections for part III of subchapter F of chapter 1 <>  is amended to read as follows:

    ``Sec. 511. Imposition of tax on unrelated business income of
    charitable, etc., organizations.''.

    (126) Section 512(b)(19)(H)(iii) is amended by striking
    ``clause (i)(II)'' and inserting ``clause (i)''.
    (127) Section 529(c)(6) is amended by striking ``an
    Coverdell'' and inserting ``a Coverdell''.
    (128) Section 529(e)(3)(A) is amended--
    (A) by striking the semicolon at the end of clause
    (i) and inserting a comma, and
    (B) by adding ``, and'' at the end of clause (ii).
    (129) Section 529A(d)(4) is amended by striking ``Achieving
    a Better Life Experience Act of 2014'' and inserting ``Stephen
    Beck, Jr., ABLE Act of 2014''.
    (130) Section 529A(e)(4) is amended by striking
    ``subparagraph section'' and inserting ``section''.
    (131) Section 530(d)(9)(B) is amended by striking ``by the''
    and inserting ``by''.
    (132) Section 542(c)(5) is amended by striking the comma at
    the end and inserting a semicolon.
    (133) Section 542(c)(7) is amended by striking ``A small''
    and inserting ``a small''.
    (134) Section 543(a)(2)(B)(ii) is amended by striking
    ``section 563(d)'' and inserting ``section 563(c)''.
    (135) Section 543(d)(5)(A)(ii) is amended by striking
    ``section 563(d)'' and inserting ``section 563(c)''.
    (136) Section 613A(c)(7)(B) is amended by striking
    ``taxpayers'' and inserting ``taxpayer's''.
    (137) Section 642(c)(1) is amended by striking ``other
    then'' and inserting ``other than''.

    [[Page 1191]]

    (138) The item relating to section 661 in the table of
    sections for subpart C of part I of subchapter J of chapter 1 is
    amended <>  to read as follows:

    ``Sec. 661. Deduction for estates and trusts accumulating income or
    distributing corpus.''.

    (139) Section 706(b)(5) <>  is amended by
    striking ``section 584(h)'' and inserting ``section 584(i)''.
    (140) Section 751(c) is amended by striking ``and,
    sections'' both places it appears and inserting ``and
    sections''.
    (141) Section 807(e)(5)(A)(i) is amended by striking
    ``subparagraph (C)'' and inserting ``subparagraph (B)''.
    (142) Section 831(c) is amended by striking ``section
    816(a)).'' and inserting ``section 816(a).''.
    (143) Section 832(b)(7)(E)(ii)(II) is amended by striking
    the comma at the end and inserting a period.
    (144) Section 852(a)(1)(B) is amended by striking ``265,''
    and inserting ``265 and''.
    (145) Section 852(b)(2)(D) is amended by striking ``the
    deduction'' and inserting ``The deduction''.
    (146) Subparagraphs (A) and (B) of section 856(c)(7) are
    each amended by striking ``paragraph (4)(B)(iii)'' and inserting
    ``paragraph (4)(B)(iv)''.
    (147) Paragraphs (1), (3), (4), and (5) of section 856(m)
    are each amended by striking ``subsection (c)(4)(B)(iii)'' and
    inserting ``subsection (c)(4)(B)(iv)''.
    (148) Section 857(b)(6)(J) is amended by striking ``section
    856(c)(8)'' and inserting ``section 856(c)(10)''.
    (149) Section 860(f)(2)(A)(ii) is amended by striking
    ``decreased'' and inserting ``decrease''.
    (150) Section 860(i) is amended by striking ``willfull'' and
    inserting ``willful''.
    (151) Section 860G(a)(3)(A)(iii)(III) is amended by striking
    the period at the end and inserting a comma.
    (152) Section 864(d)(8) is amended by striking ``section
    956(b)(3)'' and inserting ``section 956(c)(3)''.
    (153) Section 877(d)(4)(B)(i) is amended by striking ``in
    957'' and inserting ``in section 957''.
    (154) Section 877A(g)(6) is amended by striking
    ``220(e)(4)'' and inserting ``220(f)(4)''.
    (155) Section 897(a)(1)(A) is amended by striking ``section
    871(B)(1)'' and inserting ``section 871(b)(1)''.
    (156) The heading of section 897(k)(2) is amended by
    striking ``usrpi'' and inserting ``united states real property
    interest''.
    (157) Section 904(d)(2)(B)(ii) is amended--
    (A) by striking ``, except as provided in
    subparagraph (E)(iii) or paragraph (3)(I),'', and
    (B) by inserting ``subparagraph (E)(ii), or
    paragraph (3)(H),'' after ``Except as provided in clause
    (iii),''
    (158) Section 907(c)(3)(C) is amended by striking the period
    after ``partnerships'' and inserting a comma.
    (159) Section 907(f)(1) is amended by striking ``year,'' and
    inserting ``years,''.
    (160) Section 911(d)(8)(B)(i) is amended by striking ``(50
    U.S.C. App. 1 et seq.)'' and inserting ``(50 U.S.C. 4301 et
    seq.)''.

    [[Page 1192]]

    (161) Section 912(1)(B) <>  is amended by
    striking ``(50 U.S.C., sec. 403e)'' and inserting ``(50 U.S.C.
    3505)''.
    (162) Section 956(c)(2)(E) is amended by striking ``which
    are not contracts described in section 953(a)(1)'' and inserting
    ``which are contracts described in section 953(e)(2)''.
    (163) Section 956(e) is amended by striking ``provisons''
    and inserting ``provisions''.
    (164) Section 957(b) is amended by striking ``contracts
    described in section 953(a)(1)'' and inserting ``contracts not
    described in section 953(e)(2)''.
    (165) The heading of section 993 is amended by inserting
    ``and special rules'' after
    ``definitions''.
    (166) Section 1016(a)(3)(D) is amended by inserting ``as in
    effect prior to its repeal by the Tax Reform Act of 1986''
    before ``(or the corresponding provisions of prior income tax
    laws)''.
    (167) Section 1033(h)(2) is amended by inserting ``is''
    before ``located''.
    (168) Section 1035(a)(1) is amended by striking ``; or'' and
    inserting a semicolon.
    (169) Section 1059(d)(3) is amended by striking ``; except
    that'' and all that follows and inserting ``and there shall not
    be taken into account any day which is more than 2 years after
    the date on which such share becomes ex-dividend.''.
    (170) Section 1092(a)(2)(B) is amended by striking ``with
    respect other'' in the last sentence and inserting ``with
    respect to other''.
    (171) Section 1092(c)(4)(E) is amended by striking ``(other
    than subparagraph (B) thereof)''.
    (172) The item relating to section 1222 in the table of
    sections for part III of subchapter P of chapter 1 <>  is amended to read as follows:

    ``Sec. 1222. Other terms relating to capital gains and losses.''.

    (173) The item relating to section 1252 in the table of
    sections for part IV of subchapter P of chapter 1 <>  is amended to read as follows:

    ``Sec. 1252. Gain from disposition of farm land.''.

    (174) Section 1250(d)(3) is amended by striking ``paragraph
    (9)'' and inserting ``paragraph (6)''.
    (175) Section 1255(b)(2) is amended by striking ``170(e),''
    and inserting ``170(e)''.
    (176)(A) Subparagraphs (B) and (C) of section 1256(e)(3) are
    each amended by striking ``section 464(e)(2)'' and inserting
    ``section 461(k)(4)''.
    (B) Section 1258(d)(5)(C) is amended by striking ``section
    464(e)(2)'' and inserting ``section 461(k)(4)''.
    (177) Section 1257(c)(1) is amended--
    (A) by striking ``section 1201(4)'' and inserting
    ``section 1201(a)(7)'', and
    (B) by striking ``16 U.S.C. 3801(4)'' and inserting
    ``16 U.S.C. 3801(7)''.
    (178) Section 1257(c)(2) is amended--
    (A) by striking ``section 1201(6)'' and inserting
    ``section 1201(a)(10)'', and

    [[Page 1193]]

    (B) by striking ``16 U.S.C. 3801(6)'' and inserting
    ``16 U.S.C. 3801(10)''.
    (179) Section 1274(b)(3)(B)(i) <>  is
    amended by striking ``section 6662(d)(2)(C)(iii)'' and inserting
    ``section 6662(d)(2)(C)(ii)''.
    (180) Section 1276(a)(4) is amended by striking ``871(a),,''
    and inserting ``871(a),''.
    (181) Section 1278(b)(1) is amended by striking ``871(a),,''
    and inserting ``871(a),''.
    (182) Section 1286(f) is amended by striking ``and 305(e),''
    and inserting ``and section 305(e),''.
    (183) Section 1291(e) is amended by striking ``subsections
    (c) and (d) (e),'' and inserting ``subsections (c), (d), and
    (e)''.
    (184) Section 1298(b)(5)(B) is amended by striking ``section
    951(f)'' and inserting ``section 951(c)''.
    (185) Section 1298(d)(2)(A) is amended by striking ``section
    1296(a)(2)'' and inserting ``section 1297(a)(2)''.
    (186) Section 1298(e)(2)(B)(ii) is amended by striking
    ``provisons'' and inserting ``provisions''.
    (187) Section 1355(f)(3) is amended by striking ``of which''
    and inserting ``on which''.
    (188) Section 1358(b)(1) is amended by striking ``section
    1352(a)(2)'' and inserting ``section 1352(2)''.
    (189) Section 1358(c)(2) is amended by striking ``an
    person's'' and inserting ``a person's''.
    (190) Sections 1361(f)(2), 1362(d)(3)(C)(v), and
    4975(d)(16)(A) are each amended by striking ``1813(w)(1)),'' and
    inserting ``1813(w)(1))),''.
    (191) Section 1362(f) is amended by striking ``may be
    during'' and inserting ``may be, during''.
    (192) Section 1366(e) is amended by striking ``section
    704(e)(3)'' and inserting ``section 704(e)(2)''.
    (193) Section 1368(f)(2) is amended by striking ``in
    included'' and inserting ``is included''.
    (194) Section 1391(g)(3)(E)(ii) is amended by striking
    ``Interior'' and inserting ``the Interior''.
    (195) Section 1394(b)(3)(B)(i)(II) is amended by striking
    ``subsection'' and inserting ``subsections''.
    (196) Section 1397C(d)(5)(B) is amended by striking
    ``subparagraphs (A) or (B)'' and inserting ``subparagraph (A) or
    (B)''.
    (197) Section 1402(a)(1) is amended--
    (A) by striking ``section 1233(2)'' and inserting
    ``section 1233(a)(2)'', and
    (B) by striking ``16 U.S.C. 3833(2)'' and inserting
    ``16 U.S.C. 3833(a)(2)''.
    (198) Section 1402(b) is amended by striking ``3211,.'' and
    inserting ``3211.''.
    (199) The heading of section 1446 is amended by striking
    ``withholding tax'' in the heading and
    inserting ``withholding of tax''.
    (200) Section 2031(c)(1) is amended by striking all that
    follows subparagraph (A) and inserting the following:
    ``(B) $500,000.''.
    (201) Section 2031(c)(2) is amended by striking ``paragraph
    (5)).'' and inserting ``paragraph (5))).''.
    (202) Section 2055(e)(3)(G) is amended by striking
    ``subparagraph (J)'' and inserting ``subparagraph (J))''.

    [[Page 1194]]

    (203) Section 2106(a)(4) <>  is amended
    by inserting ``section'' before ``2058(a)''.
    (204) Section 2522(c)(1) is amended by striking ``to of
    for'' and inserting ``to or for''.
    (205) Section 2523(g)(1) is amended by striking
    ``noncharitable beneficiary'' and inserting ``beneficiary who is
    not a charitable beneficiary''.
    (206) Section 2523(g)(2) is amended by striking
    ``noncharitable'' and inserting ``charitable''.
    (207) Section 3101(a) is amended by adding a period at the
    end.
    (208) Section 3111(e)(5)(B) is amended by inserting ``the''
    before ``meaning''.
    (209) Section 3121(b)(5)(B)(i)(V) is amended by striking
    ``section 105(e)(2)'' and inserting ``section 104(e)(2)''.
    (210) Section 3121(b)(5)(H)(i) is amended by striking
    ``1997'' and inserting ``1997,''.
    (211) Section 3304(a)(4)(G)(ii) is amended by striking
    ``section 6402(f)(4)(B)'' and inserting ``section
    6402(f)(4)(C)''.
    (212) Section 3306(b)(5)(F) is amended by striking the
    semicolon at the end and inserting a comma.
    (213) Section 3306(c)(19) is amended by striking ``Service''
    and inserting ``service''.
    (214) Section 3306(u) is amended by striking ``25 U.S.C.
    450b(e)'' and inserting ``25 U.S.C. 5304(e)''.
    (215) Section 3306(v) is amended by striking ``this part''
    and inserting ``this section''.
    (216) Section 3309(d) is amended by striking ``25 U.S.C.
    450b(e)'' and inserting ``25 U.S.C. 5304(e)''.
    (217)(A) Paragraphs (1), (2), (3), (4)(B), (5), (6),
    (8)(A)(ii), (8)(B), (8)(D), (9), (10)(B), (11), (12)(A),
    (12)(B), (12)(C), (13), (14), and (15) of section 3401(a) are
    each amended by striking ``; or'' at the end and inserting a
    comma.
    (B) Paragraphs (4)(A), (8)(A)(i), (8)(C), (10)(A), (12)(D),
    and (22) of section 3401(a) are each amended by striking ``;
    or'' at the end and inserting ``, or''.
    (C) Section 3401(a)(12)(E) is amended by striking ``, or''
    at the end and inserting a comma.
    (D) Paragraphs (16)(A), (16)(B), (17), (18), (19), (20), and
    (21) of section 3401(a) are each amended by striking the
    semicolon at the end and inserting a comma.
    (218) Section 3509(d)(1)(C) is amended by striking
    ``sections'' and inserting ``section''.
    (219) Section 4051(a)(3) is amended by striking
    ``Secretary.'' and inserting ``Secretary).''.
    (220) Section 4104(a)(1) is amended by striking ``section''
    and inserting ``sections''.
    (221) Section 4221(a) is amended by striking ``section
    4051,'' and inserting ``section 4051''.
    (222) The item relating to part III in the table of parts
    for subchapter C of chapter 33 <>  is
    amended by striking ``relating'' and inserting ``applicable''.
    (223) Section 4612(e)(2)(B)(ii)(I) is amended by striking
    ``tranferred'' and inserting ``transferred''.
    (224) Section 4958(f)(1)(D) is amended by striking the
    period at the end and inserting a comma.

    [[Page 1195]]

    (225) Section 4971(b) <>  is amended by
    striking ``minimum required contribution,'' and all that follows
    through ``whichever is applicable'' and inserting the following:
    ``minimum required contribution, accumulated funding deficiency,
    or CSEC accumulated funding deficiency, whichever is
    applicable''.
    (226) Section 4971(c)(3) is amended by striking ``applicable
    and'' and inserting ``applicable, and''.
    (227) Section 4971(f) is amended by striking ``applicable
    for'' and inserting ``applicable, for''.
    (228) Section 4971(g)(4)(C)(ii) is amended by striking
    ``section 432(i)(9)'' and inserting ``section 432(j)(9)''.
    (229) Section 4975(d)(3) is amended by striking ``an
    leveraged'' and inserting ``a leveraged''.
    (230) Section 4975(d)(17) is amended by striking ``Any'' and
    inserting ``any''.
    (231) Section 4975(d)(21) is amended by striking ``person
    person'' and inserting ``person''.
    (232) Section 4975(f)(8)(C)(iv)(II) is amended by inserting
    ``subsection'' before ``(d)(17)(A)(ii)''.
    (233) Section 4975(f)(8)(F)(i)(I) is amended by striking
    ``adviser,'' and inserting ``adviser''.
    (234) Section 4975(f)(8)(F)(i)(V) is amended by inserting
    ``of'' before ``the manner''.
    (235) Section 4980B(f)(1) is amended by striking ``section
    2162 of the Public Health Service Act'' and inserting ``section
    1928(h)(6) of the Social Security Act (42 U.S.C. 1396s(h)(6))''.
    (236) Section 4980B(f)(5)(C)(iii) is amended by striking
    ``section 2701(c)(2)'' and inserting ``section 2704(c)(2)''.
    (237) Section 4980I(b)(3)(C)(iv) is amended by striking the
    comma at the end and inserting a period.
    (238) Section 4980I(b)(3)(C)(v) is amended by striking ``for
    for'' and inserting ``for''.
    (239) Section 5054(a)(3)(B) is amended by striking
    ``sections'' and inserting ``section''.
    (240) Section 5066(d) is amended by striking ``section
    5001(a)(5)'' and inserting ``section 5001(a)(4)''.
    (241) The item relating to subpart C in the table of
    subparts for part II of subchapter A of chapter 51 <>  is amended to read as follows:

    ``subpart c. recordkeeping and registration by dealers''.

    (242) The item relating to section 5178 in the table of
    sections for subchapter B of chapter 51 <>  is amended to read as follows:

    ``Sec. 5178. Premises of distilled spirits plants.''.

    (243) Section 5182 is amended by striking ``section 5112''
    and inserting ``section 5121''.
    (244) Section 5273(e)(2) is amended by striking ``section
    5001(a)(6)'' and inserting ``section 5001(a)(5)''.
    (245) Section 5314(a)(2) is amended by striking ``section
    5001(a)(10)'' and inserting ``section 5001(a)(9)''.
    (246) Section 5392(f) is amended by striking ``section
    17(a)(5)'' and inserting ``section 117(a)(5)''.
    (247) Section 5512 is amended by striking ``section
    5001(a)(7)'' and inserting ``section 5001(a)(6)''.

    [[Page 1196]]

    (248) Section 5601(a)(15) <>  is amended
    by striking ``Withdraws,'' and inserting ``withdraws,''.
    (249) The heading of section 5603 is amended by inserting a
    comma after ``returns''.
    (250) Section 5701(e) is amended by striking
    ``manufacturered'' and inserting ``manufactured''.
    (251) The item relating to section 5847 in the table of
    sections for part I of subchapter B of chapter <>  53 is amended to read as follows:

    ``Sec. 5847. Effect on other laws.''.

    (252) Section 5847 is amended by striking ``section 414 of
    the Mutual Security Act of 1954'' and inserting ``section 38 of
    the Arms Export Control Act (22 U.S.C. 2778)''.
    (253) The item relating to section 5852 in the table of
    sections for part II of subchapter B of chapter <>  53 is amended to read as follows:

    ``Sec. 5852. General transfer and making tax exemption.''.

    (254) The item relating to section 5853 in the table of
    sections for part II of subchapter B of chapter <>  53 is amended to read as follows:

    ``Sec. 5853. Transfer and making tax exemption available to certain
    governmental entities.''.

    (255) Section 6012(a)(6) is amended by striking ``and'' at
    the end.
    (256) Section 6012(a)(7) is amended by striking the period
    at the end and inserting ``; and''.
    (257) Section 6012(a)(8) is amended by striking ``section
    63(c)(2)(D).'' and inserting ``section 63(c)(2)(C);''.
    (258) Section 6033(b)(15) is amended by striking the period
    at the end and inserting ``, and''.
    (259) Section 6039(d)(2) is amended to read as follows:
    ``(2) the term `employee stock purchase plan', see section
    423(b).''.
    (260) The table of sections for subpart B of part III of
    subchapter A of chapter 61 is amended by inserting after the
    item relating to section 6041 the following new item:

    ``Sec. 6041A. Returns regarding payments of remuneration for services
    and direct sales.''.

    (261) The item relating to section 6050I in the table of
    sections for subpart B of part III of subchapter A of chapter 61
    is amended <>  to read as follows:

    ``Sec. 6050I. Returns relating to cash received in trade or business,
    etc.''.

    (262) The item relating to section 6050W in the table of
    sections for subpart B of part III of subchapter A of chapter 61
    is amended <>  to read as follows:

    ``Sec. 6050W. Returns relating to payments made in settlement of payment
    card and third party network transactions.''.

    (263) Section 6050H(h)(3)(B)(i) <>  is amended by striking ``Rural Housing Administration''
    and inserting ``Rural Housing Service''.

    [[Page 1197]]

    (264) Section 6058(e) is amended by striking paragraph (1)
    and by redesignating paragraphs (2) and (3) as paragraphs (1)
    and (2), respectively.
    (265) Section 6059(b)(3)(B) is amended--
    (A) by striking ``the requirements'' and inserting
    ``that the requirements'', and
    (B) by striking the period at the end and inserting
    a comma.
    (266) Section 6091(b)(2)(B)(ii) is amended by striking
    ``and'' at the end.
    (267) Section 6103(l)(7) is amended by striking ``of 1977''
    in the heading thereof.
    (268) Section 6103(l)(10)(A) is amended by striking
    ``request made under subsection (f)(5)'' and inserting ``notice
    submitted under subsection (f)(5)(C)''.
    (269) Section 6103(l)(10) is amended by striking so much of
    subparagraph (B) as precedes ``Any'' and inserting the
    following:
    ``(B) Restriction on use of disclosed information.--
    (i)''.
    (270) Section 6103(l)(16)(A) is amended by striking
    ``subsection 6103(b)(6)'' and inserting ``section 6103(b)(6)''.
    (271) Section 6103(p)(3)(A) is amended by striking
    ``subsections'' and inserting ``subsection''.
    (272) Section 6103(p)(3)(C)(ii) is amended by striking the
    comma at the end and inserting a period.
    (273) Section 6103(p)(4) is amended by striking ``7(A)(ii)''
    in the matter preceding subparagraph (A) and inserting
    ``(7)(A)(ii)''.
    (274) Section 6103(p)(4)(F)(ii) is amended--
    (A) by striking ``subsections'' and inserting
    ``subsection'', and
    (B) by striking ``subsection (l)(21),,,'' and
    inserting ``subsection (l)(21),''.
    (275) Section 6103(p)(4) is amended by striking ``subsection
    (l)(21),,'' both places it appears in the flush matter at the
    end and inserting ``subsection (l)(21),''.
    (276) Section 6109(f) is amended by striking ``of 1977'' in
    the heading thereof.
    (277) Section 6213(g)(2)(O) is amended by adding a comma at
    the end.
    (278) Section 6213(g)(2)(P) is amended--
    (A) by striking ``section 24(h)(2)'' and inserting
    ``section 24(g)(2)'', and
    (B) by striking ``subsection (h)(1)'' and inserting
    ``subsection (g)(1)''.
    (279) Section 6302(e)(2)(A) is amended by striking
    ``sections'' and inserting ``section''.
    (280) Section 6311(d)(3)(D) is amended--
    (A) by striking ``section 103(f)'' and inserting
    ``section 103(g)'', and
    (B) by striking ``1602(f)'' and inserting
    ``1602(g)''.
    (281) Section 6330(c) is amended by striking ``subsection
    (d)(2)(B)'' in the last sentence and inserting ``subsection
    (d)(3)(B)''.
    (282) Section 6330(d)(2) is amended by striking ``, and'' at
    the end and inserting a period.

    [[Page 1198]]

    (283) Section 6334(a)(10)(A) <>  is
    amended by striking ``V,,'' and inserting ``V,''.
    (284) Section 6342(a) is amended by striking ``subsection
    (c)(2)'' and inserting ``subsection (d)(2)''.
    (285) Section 6402(a) is amended by striking ``(f) refund''
    and inserting ``(f), refund''.
    (286) Section 6402(c) is amended by striking ``of of'' and
    inserting ``of''.
    (287) Section 6402(d)(2) is amended by striking ``section
    402(a)(26) of the Social Security Act'' and inserting ``section
    408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(3))''.
    (288) Section 6404(g)(2)(E) is amended by striking ``section
    6664(d)(2)(A)'' and inserting ``section 6664(d)(3)(A)''.
    (289) Section 6420(i)(4) is amended by striking ``State
    and'' and inserting ``State (and''.
    (290) Section 6421(c) is amended by striking ``(4) (5)'' and
    inserting ``(4), (5)''.
    (291) Section 6421(j)(3) is amended by striking ``State
    and'' and inserting ``State (and''.
    (292) Section 6422 is amended--
    (A) by striking paragraph (7),
    (B) by redesignating paragraphs (8) through (12) as
    paragraphs (7) through (11), respectively, and
    (C) by striking ``for credit'' in paragraph (10) as
    so redesignated and inserting ``For credit''.
    (293) Section 6425(c)(1)(A) is amended by striking ``The
    sum'' and inserting ``the sum''.
    (294) Section 6426(b)(2)(A)(ii) is amended by striking
    ``cents..'' and inserting ``cents.''.
    (295) Section 6501(m) is amended by striking ``any
    election'' and all that follows through ``(or any'' and
    inserting the following: ``any election under section 30B(h)(9),
    30C(e)(4), 30D(e)(4), 35(g)(11), 40(f), 43, 45B, 45C(d)(4),
    45H(g), or 51(j) (or any''.
    (296) Section 6503(a)(1) is amended by striking ``section
    6230(a)).'' and inserting ``section 6230(a))''.
    (297) Section 6612(c) is amended--
    (A) by inserting ``sections'' before ``2014(e)'',
    and
    (B) by striking ``and 6420'' and inserting ``6420''.
    (298) The item relating to section 6651 in the table of
    sections for part I of subchapter A of chapter 68 <>  is amended to read as follows:

    ``Sec. 6651. Failure to file tax return or to pay tax.''.

    (299) Each of the following sections are amended by
    inserting ``an amount equal to'' after ``increased by'' and by
    inserting ``for the calendar year'' after ``section 1(f)(3)'':
    (A) Section 6651(i).
    (B) Section 6652(c)(7)(A).
    (C) Section 6695(h)(1).
    (D) Section 6698(e)(1).
    (E) Section 6699(e)(1).
    (F) Section 6721(f)(1).
    (G) Section 6722(f)(1).
    (300) Section 6652(e) is amended by striking ``section
    6724(d)(2)(Y)'' in the last sentence and inserting ``section
    6724(d)(2)(AA)''.

    [[Page 1199]]

    (301) Section 6654(a) <>  is amended by
    striking ``chapter 1 the tax'' and inserting ``chapter 1, the
    tax''.
    (302) Section 6654(f)(3) is amended by striking ``taxes''
    and inserting ``tax''.
    (303) Section 6662(d)(3) is amended by striking ``section
    6664(d)(2)'' and inserting ``section 6664(d)(3)''.
    (304) Section 6662 is amended by moving subsection (i)
    before subsection (j).
    (305) The heading of section 6676(c) is amended by striking
    ``Reasonable Basis'' and inserting ``Reasonable Cause''.
    (306) The item relating to section 6684 in the table of
    sections for part I of subchapter B of chapter 68 <>  is amended to read as follows:

    ``Sec. 6684. Assessable penalties with respect to liability for tax
    under chapter 42.''.

    (307) The item relating to section 6686 in the table of
    sections for part I of subchapter B of chapter 68 <>  is amended to read as follows:

    ``Sec. 6686. Failure to file returns or supply information by DISC or
    former FSC.''.

    (308) Section 6679(a)(1) is amended by striking ``section
    6046 and 6046A'' and inserting ``section 6046 or 6046A''.
    (309) Section 6695(h)(2) is amended by striking
    ``subparagraph (A)'' and inserting ``paragraph (1)''.
    (310) Section 6695(h)(2)(B) is amended by striking ``clause
    (i)'' and inserting ``subparagraph (A)''.
    (311) Section 6696(a) is amended by striking ``section
    6694,'' and inserting ``sections 6694,''.
    (312) Section 6696(d)(1) is amended by striking ``section
    6695,'' and inserting ``6695,''.
    (313) Section 6698(b)(2) is amended by adding a period at
    the end.
    (314) Section 6700(a) is amended by striking ``the $1,000''
    and inserting ``$1,000''.
    (315) Section 6724(d)(1)(B)(xx) is amended by striking
    ``or'' at the end.
    (316) Section 6724(d)(1)(B)(xxi) is amended by striking
    ``and'' at the end.
    (317) Section 6724(d)(1) is amended by striking ``Such term
    also includes'' and inserting the following:

    ``Such term also includes''.
    (318) Section 6724(d)(2)(F) is amended by striking the
    period at the end and inserting a comma.
    (319) Section 6724(d)(2)(M) is amended by striking ``(h)(2)
    relating'' and inserting ``(h)(2) (relating''.
    (320) Section 6724(d)(2)(DD) is amended by adding a comma at
    the end.
    (321) Section 6863(a) is amended by striking ``6852,,'' and
    inserting ``6852,''.
    (322) Section 6901(a)(1)(B) is amended by striking ``Code
    in'' and inserting ``Code, in''.
    (323) Section 7275(b)(2) is amended by striking ``taxes,
    shall'' and inserting ``taxes,''.
    (324) Section 7421(b)(2) is amended by striking ``Code in''
    and inserting ``Code, in''.
    (325)(A) Subsections (e) and (i) of section 7422 and
    sections 3121(b)(5)(E), 6110(j)(1)(B), 7428(a), and 7430(c)(6)
    are each

    [[Page 1200]]

    amended by striking ``United States Claims Court'' and inserting
    ``United States Court of Federal Claims''.
    (B) Subsections (a), (b), and (c)(1)(C)(iii) of section 7428
    are each amended <>  by striking ``Claims
    Court'' and inserting ``Court of Federal Claims''.
    (C) The heading of section 4961(c)(1) is amended by striking
    ``united states claims court'' and inserting ``united states
    court of federal claims''.
    (D) Section 6672(c)(2) is amended by striking ``Court of
    Claims'' and inserting ``Court of Federal Claims''.
    (326) The item relating to section 7448 in the table of
    sections for part I of subchapter C of chapter 76 <>  is amended to read as follows:

    ``Sec. 7448. Annuities to surviving spouses and dependent children of
    judges and special trial judges.''.

    (327) Section 7448(j)(1)(A) is amended by striking
    ``Code,),'' and inserting ``Code),''.
    (328) Section 7448(m) is amended by striking ``Code,'' and
    inserting ``Code),''.
    (329) Section 7454(b) is amended by striking ``4955),,'' and
    inserting ``4955),''.
    (330) Section 7654(d)(1) is amended by striking ``50 App.
    U.S.C. 501 et seq.'' and inserting ``50 U.S.C. 3901 et seq.''.
    (331) Section 7701(a)(36)(B) is amended by striking ``an
    `tax'' and inserting ``a `tax''.
    (332) Section 7701(e)(5)(B) is amended by striking
    ``Reconcilation'' and inserting ``Reconciliation''.
    (333) Section 7801(a)(2)(B) is amended--
    (A) by striking ``this Act'' and inserting ``the
    Homeland Security Act of 2002'', and
    (B) by striking ``effective date of the Homeland
    Security Act of 2002'' and inserting ``effective date of
    such Act''.
    (334) Section 7809(c)(1) is amended by striking ``Work'' and
    inserting ``work''.
    (335) Section 7851(a)(1)(A) is amended by striking ``, 4''.
    (336) Section 7851(a)(1)(B) is amended by striking
    ``Chapters 3 and 5'' and inserting ``Chapter 3''.
    (337) Section 7871(c)(3)(D)(ii)(II) is amended by striking
    ``calender'' and inserting ``calendar''.
    (338) Section 9003(b)(2) is amended by striking ``section
    9006(d)'' and inserting ``section 9006(c)''.
    (339) Section 9011(b)(1) is amended by striking ``contrue''
    and inserting ``construe''.
    (340) Section 9502(d)(2) is amended by striking ``farms,''
    and inserting ``farms),''.
    (341) Section 9503(c)(5) is amended by striking ``and before
    October 1, 2011,''.
    (342) Section 9508(c)(1) is amended by striking ``the
    Public'' and inserting ``Public''.
    (343) Section 9701(a)(4) is amended by striking ``section
    9713A'' and inserting ``section 9712''.
    (344) Section 9704(d)(2)(B) is amended by striking
    ``1232)),'' and inserting ``1232),''.
    (345) Section 9705(b)(1) is amended by striking ``1232(h)''
    and inserting ``1232''.

    [[Page 1201]]

    (346) Section 9705(b)(2) <>  is amended
    by striking ``Acts'' and inserting ``Act''.
    (347) Section 9711(c)(4)(B) is amended by striking
    ``paragraph (4)(C)'' and inserting ``paragraph (3)(C)''.
    (348) Section 9712(a)(4)(A) is amended by inserting
    ``section 402 of'' after ``subsections (h) and (i) of''.
    (349) Section 9812(a)(3)(B)(i) is amended by striking the
    comma at the end and inserting a period.
    (350) Section 302 of division P of the Consolidated
    Appropriations Act, 2016 <>  is amended--
    (A) in subsection (a), by inserting ``of the
    Internal Revenue Code of 1986'' after ``section
    48(a)(5)(C)'', and
    (B) in subsection (b), by inserting ``of such Code''
    after ``section 48(a)''.
    (351) Section 32103(a) of the Fixing America's Surface
    Transportation Act <>  is amended by
    striking ``section 52106'' and inserting ``section 32102''.
    (352) Section 7518(i) is amended--
    (A) by striking ``section 607(k) of the Merchant
    Marine Act, 1936'' and inserting ``chapter 535 of title
    46, United States Code,'', and
    (B) by striking ``such section 607(k)'' and
    inserting ``such chapter''.

    (b) General Deadwood-related Provisions.--
    (1) Section 25A(c)(1) is amended by striking ``($5,000 in
    the case of taxable years beginning before January 1, 2003)''.
    (2) Section 26(b)(2) is amended by striking subparagraph
    (P).
    (3) Section 30C(e) is amended by striking paragraph (6) and
    redesignating paragraph (7) as paragraph (6).
    (4) Section 32(l) is amended by striking ``, and any payment
    made to such individual (or such spouse) by an employer under
    section 3507,''.
    (5)(A) Section 38(c)(5) is amended--
    (i) by striking all that precedes subparagraph (C)
    thereof and inserting the following:
    ``(5) Rules related to eligible small businesses.--'',
    (ii) by redesignating subparagraphs (C) and (D) as
    subparagraphs (A) and (B), respectively, and
    (iii) by amending subparagraph (B) (as so
    redesignated) to read as follows:
    ``(B) Treatment of partners and s corporation
    shareholders.--For purposes of paragraph (4)(B)(ii), any
    credit determined under section 41 with respect to a
    partnership or S corporation shall not be treated as a
    specified credit by any partner or shareholder unless
    such partner or shareholder meets the gross receipts
    test under subparagraph (A) for the taxable year in
    which such credit is treated as a current year business
    credit.''.
    (B) Section 38(c)(2)(A)(ii)(II) is amended by striking ``the
    eligible small business credits,''.
    (C) Section 38(c)(4)(A)(ii)(II) is amended by striking ``the
    eligible small business credits and''.
    (D) Section 38(c)(4)(B)(ii) is amended by striking ``(as
    defined in paragraph (5)(C), after application of rules similar
    to the rules of paragraph (5)(D))'' and inserting ``(as defined

    [[Page 1202]]

    in paragraph (5)(A) after application of the rules of paragraph
    (5)(B))''.
    (E) Section 39(a) <>  is amended by
    striking paragraph (4).
    (F) Section 39(a)(3)(A) is amended by striking ``or the
    eligible small business credits''.
    (6) Section 41(c)(4)(A), as amended by the preceding
    provisions of this Act, is amended by striking ``(12 percent in
    the case of taxable years ending before January 1, 2009)''.
    (7) Section 56(b)(1)(E) is amended by striking the last
    sentence.
    (8) Section 56(d)(1)(A)(ii)(I) is amended by inserting ``(as
    in effect before its repeal by the Tax Increase Prevention Act
    of 2014)'' after ``section 172(b)(1)(H)''.
    (9) Section 126(a) is amended by striking paragraph (7) and
    by redesignating paragraphs (8) and (9) as paragraphs (7) and
    (8), respectively.
    (10)(A) Section 139(c)(2) is amended by striking ``section
    165(h)(3)(C)(i)'' and inserting ``section 165(i)(5)(A)''.
    (B) Section 7508A(a) is amended by striking ``section
    165(h)(3)(C)(i)'' and inserting ``section 165(i)(5)(A)''.
    (11) Section 140(a) is amended by striking paragraph (2) and
    by redesignating paragraphs (3) through (6) as paragraphs (2)
    through (5), respectively.
    (12) Section 163(d)(4) is amended by striking subparagraph
    (E).
    (13)(A) Section 168 is amended by striking subsection (n).
    (B) <>  The amendment made by this
    paragraph shall not apply to property placed in service before
    the date of the enactment of this Act.
    (14) Section 170(e)(3) is amended by striking subparagraph
    (D) and redesignating subparagraph (E) as subparagraph (D).
    (15)(A) Section 179 is amended by striking subsection (e)
    and redesignating subsection (f) as subsection (e).
    (B) Section 179(d)(1)(B)(ii) is amended by striking
    ``subsection (f)'' and inserting ``subsection (e)''.
    (C) <>  The amendments made by this
    paragraph shall not apply to property placed in service before
    the date of the enactment of this Act.
    (16) Section 196(d) is amended--
    (A) by striking ``in the case of--'' and all that
    follows and inserting ``in the case of the investment
    credit determined under section 46 (other than the
    rehabilitation credit).'', and
    (B) by striking ``and Research Credit'' in the
    heading thereof.
    (17) Section 246A(b)(1) is amended by striking ``without
    regard to section 243(d)(4)''.
    (18) Section 381(c)(16) is amended by striking the second
    sentence.
    (19) Section 411(a)(3)(F)(i) is amended by striking ``under
    section 418D or''.
    (20) Section 415(g) is amended by striking ``subsection
    (f)(3)'' and inserting ``subsection (f)(2)''.
    (21)(A) Section 419(e)(3)(A) is amended by striking ``(17),
    or (20)'' and inserting ``or (17)''.
    (B) Section 419A(g)(1) is amended by striking ``(17), or
    (20)'' and inserting ``or (17)''.

    [[Page 1203]]

    (C) Section 419A(g)(2) <>  is amended by
    striking ``(17), or (20)'' and inserting ``or (17)''.
    (D) Section 505 is amended--
    (i) in the heading thereof, by striking
    ``paragraph (9), (17), or
    (20)'' and inserting ``paragraph (9)
    or (17)'',
    (ii) in the heading of subsection (a), by striking
    ``Paragraph (9) or (20) of Section 501(c)'' and
    inserting ``Section 501(c)(9)'',
    (iii) in subsection (a)(1), by striking ``paragraph
    (9) or (20) of subsection (c) of section 501'' and
    inserting ``section 501(c)(9)'', and
    (iv) in subsection (c)(1), by striking ``paragraph
    (9), (17), or (20)'' and inserting ``paragraph (9) or
    (17)''.
    (E) Subparagraphs (A), (C), and (D) of section 512(a)(3) are
    each amended in the text thereof by striking ``(17), or (20)''
    and inserting ``or (17)''.
    (F) Subparagraphs (B)(ii) and (E) of section 512(a)(3) are
    each amended in the text thereof by striking ``, (17), or (20)''
    and inserting ``or (17)''.
    (G) The heading of section 512(a)(3) is amended by striking
    ``(17), or (20)'' and inserting ``or (17)''.
    (H) The heading of section 512(a)(3)(E) is amended by
    striking ``, (17), or (20)'' and inserting ``or (17)''.
    (I) The item relating to section 505 in the table of
    sections for part I of subchapter F of chapter 1 <>  is amended to read as follows:

    ``Sec. 505. Additional requirements for organizations described in
    paragraph (9) or (17) of section 501(c).''.

    (22) Section 501(p)(4) is amended by striking ``,
    556(b)(2)''.
    (23) Section 530(b)(3) is amended--
    (A) by striking ``(as defined in section
    170(e)(6)(F)(i))'' in subparagraph (A)(iii), and
    (B) by adding at the end the following new
    subparagraph:
    ``(C) Computer technology or equipment.--The term
    `computer technology or equipment' means computer
    software (as defined by section 197(e)(3)(B)), computer
    or peripheral equipment (as defined by section
    168(i)(2)(B)), and fiber optic cable related to computer
    use.''.
    (24) Section 593(b)(2)(D)(iv) is amended by striking
    ``(determined without regard to section 596)''.
    (25) Section 597(c)(1) is amended by striking ``or section
    21A of the Federal Home Loan Bank Act''.
    (26) Section 613A(c)(6) is amended by striking subparagraph
    (H).
    (27) Section 664(g)(3)(E) is amended by striking
    ``limitations under sections 415(c) and (e)'' and inserting
    ``limitation under section 415(c)''.
    (28) Section 856(m) is amended by striking paragraph (6).
    (29) Section 871(a)(3) is amended by striking the last
    sentence thereof.
    (30) Section 992(d) is amended by striking paragraph (6), by
    inserting ``or'' at the end of paragraph (5), and by
    redesignating paragraph (7) as paragraph (6).
    (31) Section 1245(a)(3)(C) is amended by striking ``, 185''.

    [[Page 1204]]

    (32)(A) Section 1252(a)(1) <>  is
    amended by striking ``during a taxable year beginning''.
    (B) Section 1252(a)(1)(A) is amended--
    (i) by striking ``sections'' and inserting
    ``section'', and
    (ii) by striking ``and 182'' and all that follows
    through ``for expenditures'' and inserting ``for
    expenditures''.
    (C) Section 1252(a)(2) is amended--
    (i) by striking ``sections'' and inserting
    ``section'', and
    (ii) by striking ``or 182'' and all that follows and
    inserting a period.
    (33) Section 1374(d)(2)(B) is amended by striking the last
    sentence.
    (34) Section 3111 is amended by striking subsection (d).
    (35) Section 3127(b)(3) is amended by striking ``or
    222(b)''.
    (36) Section 3221 is amended by striking subsection (c) and
    by redesignating subsection (d) as subsection (c).
    (37) Section 3301 is amended by striking ``equal to--'' and
    all that follows and inserting ``equal to 6 percent of the total
    wages (as defined in section 3306(b)) paid by such employer
    during the calendar year with respect to employment (as defined
    in section 3306(c)).''.
    (38) Section 3302(c)(2) is amended by striking the next to
    last sentence.
    (39) Section 3302(f)(2) is amended--
    (A) by striking ``(or, for purposes of applying this
    subparagraph to taxable year 1983, September 30, 1981)''
    in subparagraph (D), and
    (B) by striking the last sentence.
    (40) Section 4042(b)(1) is amended by adding ``and'' at the
    end of subparagraph (A), by striking ``, and'' at the end of
    subparagraph (B) and inserting a period, and by striking
    subparagraph (C).
    (41) Section 4042(b)(2) is amended by striking subparagraph
    (C).
    (42) Section 4261(b)(1) is amended by striking ``a tax in
    the amount'' and all that follows and inserting ``a tax in the
    amount of $3.00.''.
    (43) Section 4481(d) is amended to read as follows:

    ``(d) One Tax Liability Per Period.--To the extent that the tax
    imposed by this section is paid with respect to any highway motor
    vehicle for any taxable period, no further tax shall be imposed by this
    section for such taxable period with respect to such vehicle.''.
    (44) Section 4971(d) is amended by striking the last
    sentence.
    (45) Section 6050G(a)(2) is amended by striking ``(to the
    extent not previously taken into account under section
    72(d)(1))''.
    (46) Section 6215(b) is amended by striking paragraph (5)
    and by redesignating paragraphs (6) and (7) as paragraphs (5)
    and (6), respectively.
    (47) Section 6601(b) is amended by striking paragraph (2)
    and by redesignating paragraphs (3) through (5) as paragraphs
    (2) through (4), respectively.
    (48) Section 6654(d)(1)(C)(i) is amended by striking ``by
    substituting'' and all that follows and inserting ``by
    substituting `110 percent' for `100 percent'.''.

    [[Page 1205]]

    (49) Section 6654(d)(1) <>  is amended
    by striking subparagraph (D).
    (50) Part II of subchapter C of chapter 75 <>  is amended by striking section 7326 (and by
    striking the item relating to such section in the table of
    sections for such part).
    (51) Section 7448(a)(5) is amended by striking ``, whether
    or not performing judicial duties under section 7443B''.
    (52) Section 7448(a)(6) is amended by striking ``, and
    compensation received under section 7443B''.
    (53) Section 7448(d) is amended by striking ``at 4 percent
    per annum to December 31, 1947, and 3 percent per annum
    thereafter'' and inserting ``at 3 percent per annum''.
    (54) Section 7701(a)(19)(A) is amended by striking ``either
    (i)'' and all that follows through ``(ii)''.
    (55) Section 7701(a)(32)(A) is amended to read as follows:
    ``(A) is subject by law to supervision and
    examination by State or Federal authority having
    supervision over such institutions, and''.
    (56) Section 8021 is amended by striking subsection (f).
    (57) Section 8022(3) is amended by striking subparagraph
    (C).

    (c) Repeal of Certain Obsolete Bond Provisions.--
    (1) Certain rules with respect to bonds issued before july
    2, 1982.--
    (A) Section 1271 is amended--
    (i) by striking subsection (c) and by
    redesignating subsection (d) as subsection (c),
    and
    (ii) by striking ``(and paragraph (2) of
    subsection (c))'' in subsection (a)(2)(B).
    (B) Section 1272 is amended by striking subsection
    (b) and by redesignating subsections (c) and (d) as
    subsections (b) and (c), respectively.
    (C) Section 163(e)(1) is amended by striking ``In
    the case of any debt instrument issued after July 1,
    1982, the portion of the original issue discount with
    respect to such debt instrument which is'' and inserting
    ``The portion of the original issue discount with
    respect to any debt instrument which is''.
    (D) Section 1271(a)(2)(A)(ii) is amended by striking
    ``subsection (a)(7) or (b)(4) of section 1272'' and
    inserting ``section 1272(a)(7)''.
    (E) Section 1271(b)(1) is amended to read as
    follows:
    ``(1) In general.--This section shall not apply to any
    obligation issued by a natural person before June 9, 1997.''.
    (F) Section 1272(a) is amended--
    (i) by striking ``on Debt Instruments Issued
    After July 1, 1982,'' in the heading, and
    (ii) by striking ``issued after July 1, 1982''
    in paragraph (1).
    (G) Section 1278(a)(4)(B) is amended by striking
    ``or (b)(4)''.
    (H) <>  The amendments made
    by this paragraph shall apply to debt instruments issued
    on or after July 2, 1982.
    (2) Certain rules with respect to stripped bonds purchased
    before july 2, 1982.--
    (A) Section 1286, as amended by this section, is
    amended by striking subsection (c) and by redesignating

    [[Page 1206]]

    subsections (d), (e), (f), and (g) as subsections (c),
    (d), (e), and (f), respectively.
    (B) Subsections (a) and (b) of section
    1286 <>  are each amended by
    striking ``after July 1, 1982,''.
    (C) Section 1286(d)(5), as redesignated by
    subparagraph (A), is amended by striking the last
    sentence.
    (D) Section 305(e)(7) is amended by striking
    ``1286(f)'' and inserting ``1286(e)''.
    (E) <>  The amendments made
    by this paragraph shall apply to bonds purchased on or
    after July 2, 1982.
    (3) Certain rules with respect to obligations issued before
    march 2, 1984.--
    (A) Section 1272(a)(2) is amended by striking
    subparagraph (D) and by redesignating subparagraph (E)
    as subparagraph (D).
    (B) Section 163(e)(4) is amended to read as follows:
    ``(4) Exception.--This subsection shall not apply to any
    debt instrument described in section 1272(a)(2)(D) (relating to
    loans between natural persons).''.
    (C) <>  The amendments made
    by this paragraph shall apply to obligations issued on
    or after March 2, 1984.

    (d) Deadwood Provisions Involving Repeal of One or More Sections.--
    (1) Puerto rico economic activity credit; puerto rico and
    possession tax credit.--
    (A) Possession tax credit.--Section 27 is amended to
    read as follows:

    ``SEC. 27. TAXES OF FOREIGN COUNTRIES AND POSSESSIONS OF THE UNITED
    STATES.

    ``The amount of taxes imposed by foreign countries and possessions
    of the United States shall be allowed as a credit against the tax
    imposed by this chapter to the extent provided in section 901''.
    (B) Puerto rico economic activity credit.--Subpart C
    of part IV of subchapter A of chapter 1 <>  is amended by striking section 30A (and by
    striking the item relating to such section in the table
    of sections for such subpart).
    (C) Puerto rico and possession tax credit.--Subpart
    C of part III of subchapter N of chapter 1 <>  is amended by striking section 936
    (and by striking the item relating to such section in
    the table of sections for such subpart).
    (D) Conforming amendments.--
    (i) The item relating to section 27 in the
    table of sections for subpart B of part IV of
    subchapter A of chapter 1 <>  is amended to read as follows:

    ``Sec. 27. Taxes of foreign countries and possessions of the United
    States.''.

    (ii) Sections 26(a)(1), 59(a)(1),
    469(c)(3)(B), and 469(d)(2)(A)(ii) are each
    amended by striking ``27(a)'' and inserting
    ``27''.
    (iii) Section 45C(d)(2) is amended--
    (I) by striking subparagraph (B),
    (II) by redesignating clauses (i)
    and (ii) of subparagraph (A) as
    subparagraphs (A) and (B), respectively,
    and moving such subparagraphs (as so
    redesignated) 2 ems to the left, and

    [[Page 1207]]

    (III) by striking ``In general.--''
    and all that precedes it and inserting
    the following:
    ``(2) Special limitations on foreign testing.--''.
    (iv) Section 168(g)(4)(G) <>  is amended by striking ``(other than a
    corporation which has an election in effect under
    section 936)''.
    (v) Section 243(b)(1)(B) is amended to read as
    follows:
    ``(B) if such dividend is distributed out of the
    earnings and profits of a taxable year of the
    distributing corporation which ends after December 31,
    1963, and on each day of which the distributing
    corporation and the corporation receiving the dividend
    were members of such affiliated group.''.
    (vi) Section 246 is amended by striking
    subsection (e).
    (vii) Section 338(h)(6)(B)(i) is amended by
    striking ``, a DISC, or a corporation to which an
    election under section 936 applies'' and inserting
    ``or a DISC''.
    (viii)(I) Section 367(d) is amended by adding
    at the end the following new paragraph:
    ``(4) Intangible property.--For purposes of this subsection,
    the term `intangible property' means any--
    ``(A) patent, invention, formula, process, design,
    pattern, or know-how,
    ``(B) copyright, literary, musical, or artistic
    composition,
    ``(C) trademark, trade name, or brand name,
    ``(D) franchise, license, or contract,
    ``(E) method, program, system, procedure, campaign,
    survey, study, forecast, estimate, customer list, or
    technical data,
    ``(F) goodwill, going concern value, or workforce in
    place (including its composition and terms and
    conditions (contractual or otherwise) of its
    employment), or
    ``(G) other item the value or potential value of
    which is not attributable to tangible property or the
    services of any individual.''.
    (II) Section 367(d)(1) is amended by striking
    ``(within the meaning of section 936(h)(3)(B))''.
    (III) Sections 482 and 1298(e)(2)(A) are each
    amended by striking ``section 936(h)(3)(B)'' and
    inserting ``section 367(d)(4)''.
    (ix) Section 861(a)(2)(A) is amended by
    striking ``other than a corporation which has an
    election in effect under section 936''.
    (x) Section 864(d)(5) is amended to read as
    follows:
    ``(5) Certain provisions not to apply.--The following
    provisions shall not apply to any amount treated as interest
    under paragraph (1) or (6):
    ``(A) Section 904(d)(2)(B)(iii)(I) (relating to
    exceptions for export financing interest).
    ``(B) Subparagraph (A) of section 954(b)(3)
    (relating to exception where foreign base company income
    is less than 5 percent or $1,000,000).
    ``(C) Subparagraph (B) of section 954(c)(2)
    (relating to certain export financing).

    [[Page 1208]]

    ``(D) Clause (i) of section 954(c)(3)(A) (relating
    to certain income received from related persons).''.
    (xi) Section 865(j)(3) <>
    is amended by striking ``, 933, and 936'' and
    inserting ``and 933''.
    (xii) Section 901(g)(2) is amended by
    inserting ``(as in effect on the day before the
    date of the enactment of the Tax Technical
    Corrections Act of 2018)'' after ``section 936''.
    (xiii) Section 904(b) is amended by striking
    paragraph (4) and by redesignating paragraph (5)
    as paragraph (4).
    (xiv) Section 904(f)(1) is amended by striking
    ``and section 936''.
    (xv) Section 1202(e)(4) is amended by striking
    subparagraph (B) and by redesignating
    subparagraphs (C) and (D) as subparagraphs (B) and
    (C), respectively.
    (xvi) Section 1361(b)(2) is amended by adding
    ``or'' at the end of subparagraph (B), by striking
    subparagraph (C), and by redesignating
    subparagraph (D) as subparagraph (C).
    (xvii)(I) Section 1504(b) is amended by
    striking paragraph (4) and by redesignating
    paragraphs (6), (7), and (8) as paragraphs (4),
    (5), and (6), respectively.
    (II) Section 243(b)(2) is amended by striking
    ``, 1504(b)(4),''.
    (III) Section 332(d)(2)(B) is amended by
    striking ``paragraphs (2) and (4)'' and inserting
    ``paragraph (2)''.
    (IV) Section 864(e)(5)(A) is amended by
    striking ``(determined without regard to paragraph
    (4) of section 1504(b))''.
    (V) Section 864(f) is amended in paragraphs
    (1)(C)(i) and (2) by striking ``paragraphs (2) and
    (4)'' and inserting ``paragraph (2)''.
    (xviii) Section 6091(b)(2)(B) is amended by
    striking clause (ii) and by redesignating clauses
    (iii) and (iv) as clauses (ii) and (iii),
    respectively.
    (xix) Section 6654(d)(2)(D) is amended--
    (I) by striking ``936(h) or'' in
    clause (i), and
    (II) by striking ``and section 936''
    in the heading.
    (xx) Section 6655(e)(4) is amended--
    (I) by striking ``936(h) or'' in
    subparagraph (A), and
    (II) by striking ``and section 936''
    in the heading.
    (2) Energy efficient appliance credit.--
    (A) In general.--Subpart D of part IV of subchapter
    A of chapter 1 <>  is amended by
    striking section 45M (and by striking the item relating
    to such section in the table of sections for such
    subpart).
    (B) Conforming amendment.--Section 38(b), as amended
    by the preceding provisions of this Act, is amended by
    striking paragraph (24) and by redesignating paragraphs
    (25) through (37) as paragraphs (24) through (36),
    respectively.
    (3) Qualifying therapeutic discovery project credit.--

    [[Page 1209]]

    (A) In general.--Subpart E of part IV of subchapter
    A of chapter 1 <>  is amended by
    striking section 48D (and by striking the item relating
    to such section in the table of sections for such
    subpart).
    (B) Conforming amendments.--
    (i) Section 49(a)(1)(C) <>
    is amended by adding ``and'' at the end of clause
    (iv), by striking ``, and'' at the end of clause
    (v) and inserting a period, and by striking clause
    (vi).
    (ii) Section 50(a)(2)(E) is amended by
    striking ``48C(b)(2), or 48D(b)(4)'' and inserting
    ``or 48C(b)(2)''.
    (iii) Section 280C is amended by striking the
    subsection (g) which relates to the qualifying
    therapeutic discovery project credit.
    (C) <>  Savings provision.--
    In the case of the repeal of section 48D(e)(1) of the
    Internal Revenue Code of 1986, the amendments made by
    this paragraph shall not apply to expenditures made in
    taxable years beginning before January 1, 2011.
    (4) DC zone provisions.--
    (A) In general.--Chapter 1 <>  is amended by striking subchapter W (and by
    striking the item relating to such subchapter in the
    table of subchapters for such chapter).
    (B) Conforming amendments.--
    (i) Section 23(c)(1) is amended by striking
    ``sections 25D and 1400C'' and inserting ``section
    25D''.
    (ii) Section 25(e)(1)(C) is amended by
    striking ``sections 23, 25D, and 1400C'' and
    inserting ``sections 23 and 25D''.
    (iii) Section 45D(h) is amended by striking
    ``sections 1202, 1400B, and 1400F'' and inserting
    ``section 1202''.
    (iv) Section 1016(a) is amended by striking
    paragraph (27).
    (v) Section 1202(a)(2)(B) is amended by
    inserting ``(as in effect before its repeal)''
    after ``1400B(b)''.
    (vi) Section 1223(13) is amended by striking
    ``sections 1202(a)(2), 1202(c)(2)(A), 1400B(b),
    and 1400F(b)'' and inserting ``subsections (a)(2)
    and (c)(2)(A) of section 1202''.
    (vii) Section 1397B(b)(1) is amended by
    striking subparagraph (B).
    (C) <>  Savings
    provisions.--The amendments made by this paragraph shall
    not apply to--
    (i) in the case of the repeal of section 1400A
    of the Internal Revenue Code of 1986, obligations
    described in section 1394 of such Code (as in
    effect before its repeal) which were issued before
    January 1, 2012,
    (ii) in the case of the repeal of section
    1400B of such Code, DC Zone assets (as defined in
    such section, as in effect before its repeal)
    which were acquired by the taxpayer before January
    1, 2012, and
    (iii) in the case of the repeal of section
    1400C of such Code, principal residences acquired
    before January 1, 2012.
    (5) Renewal community provisions.--

    [[Page 1210]]

    (A) In general.--Chapter 1 <>  is amended by striking subchapter X (and by
    striking the item relating to such subchapter in the
    table of subchapters for such chapter).
    (B) Conforming amendments.--
    (i) Section 469(i)(3) <>
    is amended by striking subparagraph (C) and by
    redesignating subparagraphs (D), (E), and (F) as
    subparagraphs (C), (D), and (E), respectively.
    (ii) Section 469(i)(3)(D), as so redesignated,
    is amended to read as follows:
    ``(D) Ordering rule.--Paragraph (1) shall be applied
    for any taxable year--
    ``(i) first, to the passive activity loss,
    ``(ii) second, to the portion of the passive
    activity credit to which subparagraph (B) and (C)
    does not apply,
    ``(iii) third, to the portion of such credit
    to which subparagraph (B) applies, and
    ``(iv) then, to the portion of such credit to
    which subparagraph (C) applies.''.
    (iii) Section 469(i)(6)(B) is amended--
    (I) by striking ``, rehabilitation
    credit, or commercial revitalization
    deduction'' in the heading and inserting
    ``or rehabilitation credit'',
    (II) by adding ``or'' at the end of
    clause (i),
    (III) by striking ``, or'' at the
    end of clause (ii) and inserting a
    comma, and
    (IV) by striking clause (iii).
    (iv) Section 1397B(b)(1), as amended by the
    preceding provisions of this Act, is amended by
    adding at the end the following new subparagraph:
    ``(B) References.--Any reference in this paragraph
    to section 1400F shall be treated as reference to such
    section before its repeal.''.
    (v) Section 1397B(b)(5) is amended by striking
    ``which is sold--'' and all that follows and
    inserting ``which is sold, the taxpayer's holding
    period for such asset and the asset referred to in
    subsection (a)(1) shall be determined without
    regard to section 1223.''.
    (C) <>  Savings
    provisions.--The amendments made by this paragraph shall
    not apply to--
    (i) in the case of the repeal of section 1400F
    of the Internal Revenue Code of 1986, qualified
    community assets (as defined in such section, as
    in effect before its repeal) which were acquired
    by the taxpayer before January 1, 2010,
    (ii) in the case of the repeal section 1400H
    of such Code, wages paid or incurred before
    January 1, 2010,
    (iii) in the case of the repeal of section
    1400I of such Code, qualified revitalization
    buildings (as defined in such section, as in
    effect before its repeal) which were placed in
    service before January 1, 2010, and
    (iv) in the case of the repeal of section
    1400J of such Code, property acquired before
    January 1, 2010.

    [[Page 1211]]

    (6) Short-term regional benefits.--
    (A) In general.--Chapter 1 <>  is amended by striking subchapter Y (and by
    striking the item relating to such subchapter in the
    table of subchapters for such chapter).
    (B) Conforming amendments.--
    (i) Section 38(b), as amended by the preceding
    provisions of this Act <> , is
    amended by striking paragraphs (26), (27), (28),
    and (29) and by redesignating paragraphs (30)
    through (36) as paragraphs (26) through (32),
    respectively.
    (ii) Section 38(c)(2)(A)(ii)(II), as amended
    by the preceding provisions of this Act, is
    amended by striking ``, the New York Liberty Zone
    business employee credit,''.
    (iii) Section 38(c) is amended by striking
    paragraph (3).
    (iv) Section 280C(a), as amended by the
    preceding provisions of this Act, is amended by
    striking ``1396(a), 1400P(b), and 1400R'' and
    inserting ``and 1396(a)''.
    (v) Section 6033(b)(14) is amended by striking
    ``including the amount and use of qualified
    contributions to which section 1400S(a)
    applies,''.
    (vi) Section 6049(d)(8)(A) is amended--
    (I) by striking ``or 1400N(l)(6)'',
    and
    (II) by striking ``or
    1400N(l)(2)(D), as the case may be''.
    (C) <>  Savings
    provisions.--The amendments made by this paragraph shall
    not apply to--
    (i) in the case of the repeal of section
    1400L(a) of the Internal Revenue Code of 1986,
    qualified wages (as defined in such section, as in
    effect before its repeal) which were paid or
    incurred before January 1, 2004,
    (ii) in the case of the repeal of subsections
    (b) and (f) of section 1400L of such Code,
    qualified New York Liberty Zone property (as
    defined in section 1400L(b) of such Code, as in
    effect before its repeal) placed in service before
    January 1, 2010,
    (iii) in the case of the repeal of section
    1400L(c) of such Code, qualified New York Liberty
    Zone leasehold improvement property (as defined in
    such section, as in effect before its repeal)
    placed in service before January 1, 2007,
    (iv) in the case of the repeal of section
    1400L(d) of such Code, qualified New York Liberty
    bonds (as defined in such section, as in effect
    before its repeal) issued before January 1, 2014,
    (v) in the case of the repeal of section
    1400L(e) of such Code, advanced refundings before
    January 1, 2006,
    (vi) in the case of the repeal of section
    1400L(g) of such Code, property which is
    compulsorily or involuntarily converted as a
    result of the terrorist attacks on September 11,
    2001,
    (vii) in the case of the repeal of section
    1400N(a) of such Code, obligations issued before
    January 1, 2012,

    [[Page 1212]]

    (viii) in the case of the repeal of section
    1400N(b) of such Code, advanced refundings before
    January 1, 2011,
    (ix) in the case of the repeal of section
    1400N(d) of such Code, property placed in service
    before January 1, 2012,
    (x) in the case of the repeal of section
    1400N(e) of such Code, property placed in service
    before January 1, 2009,
    (xi) in the case of the repeal of subsections
    (f) and (g) of section 1400N of such Code, amounts
    paid or incurred before January 1, 2008,
    (xii) in the case of the repeal of section
    1400N(h) of such Code, amounts paid or incurred
    before January 1, 2012,
    (xiii) in the case of the repeal of section
    1400N(k)(1)(B) of such Code, losses arising in
    taxable years beginning before January 1, 2008,
    (xiv) in the case of the repeal of section
    1400N(l) of such Code, bonds issued before January
    1, 2007,
    (xv) in the case of the repeal of section
    1400Q(a) of such Code, distributions before
    January 1, 2007,
    (xvi) in the case of the repeal of section
    1400Q(b) of such Code, contributions before March
    1, 2006,
    (xvii) in the case of the repeal of section
    1400Q(c) of such Code, loans made before January
    1, 2007,
    (xviii) in the case of the repeal of section
    1400R of such Code, wages paid or incurred before
    January 1, 2006,
    (xix) in the case of the repeal of section
    1400S(a) of such Code, contributions paid before
    January 1, 2006,
    (xx) in the case of the repeal of section
    1400T of such Code, financing provided before
    January 1, 2011, and
    (xxi) in the case of the repeal of part III of
    subchapter Y of chapter 1 of such Code,
    obligations issued before January 1, 2011.
    (7) Provisions related to cobra premium assistance.--
    (A) In general.--Subchapter B of chapter
    65 <>  is amended by striking
    section 6432 (and by striking the item relating to such
    section in the table of sections for such subchapter).
    (B) Notification requirement.--Part I of subchapter
    B of chapter 68 <>  is amended
    by striking section 6720C (and by striking the item
    relating to such section in the table of sections for
    such part).
    (C) Exclusion from gross income.--Part III of
    subchapter B of chapter 1 <>
    is amended by striking section 139C (and by striking the
    item relating to such section in the table of sections
    for such part).
    (8) Effective date of presidential election campaign fund.--
    Chapter 95 <>  is amended by striking
    section 9013 (and by striking the item relating to such section
    in the table of sections for such chapter).

    (e) <>  General Savings Provision With
    Respect to Deadwood Provisions.--If--

    [[Page 1213]]

    (1) any provision amended or repealed by the amendments made
    by subsection (b) or (d) applied to--
    (A) any transaction occurring before the date of the
    enactment of this Act,
    (B) any property acquired before such date of
    enactment, or
    (C) any item of income, loss, deduction, or credit
    taken into account before such date of enactment, and
    (2) the treatment of such transaction, property, or item
    under such provision would (without regard to the amendments or
    repeals made by such subsection) affect the liability for tax
    for periods ending after such date of enactment,

    nothing in the amendments or repeals made by this section shall be
    construed to affect the treatment of such transaction, property, or item
    for purposes of determining liability for tax for periods ending after
    such date of enactment.

    DIVISION V-- <> CLOUD
    ACT

    SEC. 101 <> . SHORT TITLE.

    This division may be cited as the ``Clarifying Lawful Overseas Use
    of Data Act'' or the ``CLOUD Act''.

    SEC. 102 <> . CONGRESSIONAL FINDINGS.

    Congress finds the following:
    (1) Timely access to electronic data held by communications-
    service providers is an essential component of government
    efforts to protect public safety and combat serious crime,
    including terrorism.
    (2) Such efforts by the United States Government are being
    impeded by the inability to access data stored outside the
    United States that is in the custody, control, or possession of
    communications-service providers that are subject to
    jurisdiction of the United States.
    (3) Foreign governments also increasingly seek access to
    electronic data held by communications-service providers in the
    United States for the purpose of combating serious crime.
    (4) Communications-service providers face potential
    conflicting legal obligations when a foreign government orders
    production of electronic data that United States law may
    prohibit providers from disclosing.
    (5) Foreign law may create similarly conflicting legal
    obligations when chapter 121 of title 18, United States Code
    (commonly known as the `` Stored Communications Act''), requires
    disclosure of electronic data that foreign law prohibits
    communications-service providers from disclosing.
    (6) International agreements provide a mechanism for
    resolving these potential conflicting legal obligations where
    the United States and the relevant foreign government share a
    common commitment to the rule of law and the protection of
    privacy and civil liberties.

    SEC. 103. PRESERVATION OF RECORDS; COMITY ANALYSIS OF LEGAL PROCESS.

    (a) Required Preservation and Disclosure of Communications and
    Records.--

    [[Page 1214]]

    (1) Amendment.--Chapter 121 of title 18, United States Code,
    is amended by adding at the end the following:

    ``Sec. 2713 <> . Required preservation and
    disclosure of communications and records

    ``A provider of electronic communication service or remote computing
    service shall comply with the obligations of this chapter to preserve,
    backup, or disclose the contents of a wire or electronic communication
    and any record or other information pertaining to a customer or
    subscriber within such provider's possession, custody, or control,
    regardless of whether such communication, record, or other information
    is located within or outside of the United States.''.
    (2) Table of sections.--The table of sections for chapter
    121 of title 18, United States Code <> , is amended by inserting after the item relating to
    section 2712 the following:

    ``2713. Required preservation and disclosure of communications and
    records.''.

    (b) Comity Analysis of Legal Process Seeking Contents of Wire or
    Electronic Communication.--Section 2703 of title 18, United States Code,
    is amended by adding at the end the following:
    ``(h) Comity Analysis and Disclosure of Information Regarding Legal
    Process Seeking Contents of Wire or Electronic Communication.--
    ``(1) Definitions.--In this subsection--
    ``(A) the term `qualifying foreign government' means
    a foreign government--
    ``(i) with which the United States has an
    executive agreement that has entered into force
    under section 2523; and
    ``(ii) the laws of which provide to electronic
    communication service providers and remote
    computing service providers substantive and
    procedural opportunities similar to those provided
    under paragraphs (2) and (5); and
    ``(B) the term `United States person' has the
    meaning given the term in section 2523.
    ``(2) Motions to quash or modify.--(A) A provider of
    electronic communication service to the public or remote
    computing service, including a foreign electronic communication
    service or remote computing service, that is being required to
    disclose pursuant to legal process issued under this section the
    contents of a wire or electronic communication of a subscriber
    or customer, may file a motion to modify or quash the legal
    process where the provider reasonably believes--
    ``(i) that the customer or subscriber is not a
    United States person and does not reside in the United
    States; and
    ``(ii) that the required disclosure would create a
    material risk that the provider would violate the laws
    of a qualifying foreign government.
    Such a motion shall be filed not later than 14 days
    after the date on which the provider was served with the
    legal process, absent agreement with the government or
    permission from the court to extend the deadline based
    on an application made within the 14 days. The right to
    move to quash is without prejudice to any other grounds
    to

    [[Page 1215]]

    move to quash or defenses thereto, but it shall be the
    sole basis for moving to quash on the grounds of a
    conflict of law related to a qualifying foreign
    government.
    ``(B) Upon receipt of a motion filed pursuant to
    subparagraph (A), the court shall afford the governmental entity
    that applied for or issued the legal process under this section
    the opportunity to respond. The court may modify or quash the
    legal process, as appropriate, only if the court finds that--
    ``(i) the required disclosure would cause the
    provider to violate the laws of a qualifying foreign
    government;
    ``(ii) based on the totality of the circumstances,
    the interests of justice dictate that the legal process
    should be modified or quashed; and
    ``(iii) the customer or subscriber is not a United
    States person and does not reside in the United States.
    ``(3) Comity analysis.--For purposes of making a
    determination under paragraph (2)(B)(ii), the court shall take
    into account, as appropriate--
    ``(A) the interests of the United States, including
    the investigative interests of the governmental entity
    seeking to require the disclosure;
    ``(B) the interests of the qualifying foreign
    government in preventing any prohibited disclosure;
    ``(C) the likelihood, extent, and nature of
    penalties to the provider or any employees of the
    provider as a result of inconsistent legal requirements
    imposed on the provider;
    ``(D) the location and nationality of the subscriber
    or customer whose communications are being sought, if
    known, and the nature and extent of the subscriber or
    customer's connection to the United States, or if the
    legal process has been sought on behalf of a foreign
    authority pursuant to section 3512, the nature and
    extent of the subscriber or customer's connection to the
    foreign authority's country;
    ``(E) the nature and extent of the provider's ties
    to and presence in the United States;
    ``(F) the importance to the investigation of the
    information required to be disclosed;
    ``(G) the likelihood of timely and effective access
    to the information required to be disclosed through
    means that would cause less serious negative
    consequences; and
    ``(H) if the legal process has been sought on behalf
    of a foreign authority pursuant to section 3512, the
    investigative interests of the foreign authority making
    the request for assistance.
    ``(4) Disclosure obligations during pendency of challenge.--
    A service provider shall preserve, but not be obligated to
    produce, information sought during the pendency of a motion
    brought under this subsection, unless the court finds that
    immediate production is necessary to prevent an adverse result
    identified in section 2705(a)(2).
    ``(5) Disclosure to qualifying foreign government.--(A) It
    shall not constitute a violation of a protective order issued
    under section 2705 for a provider of electronic communication
    service to the public or remote computing service to disclose to
    the entity within a qualifying foreign government,

    [[Page 1216]]

    designated in an executive agreement under section 2523, the
    fact of the existence of legal process issued under this section
    seeking the contents of a wire or electronic communication of a
    customer or subscriber who is a national or resident of the
    qualifying foreign government.
    ``(B) Nothing in this paragraph shall be construed to modify
    or otherwise affect any other authority to make a motion to
    modify or quash a protective order issued under section 2705.''.

    (c) <>  Rule of Construction.--Nothing in
    this section, or an amendment made by this section, shall be construed
    to modify or otherwise affect the common law standards governing the
    availability or application of comity analysis to other types of
    compulsory process or to instances of compulsory process issued under
    section 2703 of title 18, United States Code, as amended by this
    section, and not covered under subsection (h)(2) of such section 2703.

    SEC. 104. ADDITIONAL AMENDMENTS TO CURRENT COMMUNICATIONS LAWS.

    Title 18, United States Code, is amended--
    (1) in chapter 119--
    (A) in section 2511(2), by adding at the end the
    following:

    ``(j) It shall not be unlawful under this chapter for a provider of
    electronic communication service to the public or remote computing
    service to intercept or disclose the contents of a wire or electronic
    communication in response to an order from a foreign government that is
    subject to an executive agreement that the Attorney General has
    determined and certified to Congress satisfies section 2523.''; and
    (B) in section 2520(d), by amending paragraph (3) to
    read as follows:
    ``(3) a good faith determination that section 2511(3),
    2511(2)(i), or 2511(2)(j) of this title permitted the conduct
    complained of;'';
    (2) in chapter 121--
    (A) in section 2702--
    (i) in subsection (b)--
    (I) in paragraph (8), by striking
    the period at the end and inserting ``;
    or''; and
    (II) by adding at the end the
    following:
    ``(9) to a foreign government pursuant to an order from a
    foreign government that is subject to an executive agreement
    that the Attorney General has determined and certified to
    Congress satisfies section 2523.''; and
    (ii) in subsection (c)--
    (I) in paragraph (5), by striking
    ``or'' at the end;
    (II) in paragraph (6), by striking
    the period at the end and inserting ``;
    or''; and
    (III) by adding at the end the
    following:
    ``(7) to a foreign government pursuant to an order from a
    foreign government that is subject to an executive agreement
    that the Attorney General has determined and certified to
    Congress satisfies section 2523.''; and
    (B) in section 2707(e), by amending paragraph (3) to
    read as follows:

    [[Page 1217]]

    ``(3) a good faith determination that section 2511(3),
    section 2702(b)(9), or section 2702(c)(7) of this title
    permitted the conduct complained of;''; and
    (3) in chapter 206--
    (A) in section 3121(a), by inserting before the
    period at the end the following: ``or an order from a
    foreign government that is subject to an executive
    agreement that the Attorney General has determined and
    certified to Congress satisfies section 2523''; and
    (B) in section 3124--
    (i) by amending subsection (d) to read as
    follows:

    ``(d) No Cause of Action Against a Provider Disclosing Information
    Under This Chapter.--No cause of action shall lie in any court against
    any provider of a wire or electronic communication service, its
    officers, employees, agents, or other specified persons for providing
    information, facilities, or assistance in accordance with a court order
    under this chapter, request pursuant to section 3125 of this title, or
    an order from a foreign government that is subject to an executive
    agreement that the Attorney General has determined and certified to
    Congress satisfies section 2523.''; and
    (ii) by amending subsection (e) to read as
    follows:

    ``(e) Defense.--A good faith reliance on a court order under this
    chapter, a request pursuant to section 3125 of this title, a legislative
    authorization, a statutory authorization, or a good faith determination
    that the conduct complained of was permitted by an order from a foreign
    government that is subject to executive agreement that the Attorney
    General has determined and certified to Congress satisfies section 2523,
    is a complete defense against any civil or criminal action brought under
    this chapter or any other law.''.

    SEC. 105. EXECUTIVE AGREEMENTS ON ACCESS TO DATA BY FOREIGN GOVERNMENTS.

    (a) In General.--Chapter 119 of title 18, United States Code, is
    amended by adding at the end the following:

    ``Sec. 2523 <> . Executive agreements on access to
    data by foreign governments

    ``(a) Definitions.--In this section--
    ``(1) the term `lawfully admitted for permanent residence'
    has the meaning given the term in section 101(a) of the
    Immigration and Nationality Act (8 U.S.C. 1101(a)); and
    ``(2) the term `United States person' means a citizen or
    national of the United States, an alien lawfully admitted for
    permanent residence, an unincorporated association a substantial
    number of members of which are citizens of the United States or
    aliens lawfully admitted for permanent residence, or a
    corporation that is incorporated in the United States.

    ``(b) Executive Agreement Requirements.--For purposes of this
    chapter, chapter 121, and chapter 206, an executive agreement governing
    access by a foreign government to data subject to this chapter, chapter
    121, or chapter 206 shall be considered to satisfy the requirements of
    this section if the Attorney General, with the concurrence of the
    Secretary of State, determines, and submits a written certification of
    such determination to Congress, including

    [[Page 1218]]

    a written certification and explanation of each consideration in
    paragraphs (1), (2), (3), and (4), that--
    ``(1) the domestic law of the foreign government, including
    the implementation of that law, affords robust substantive and
    procedural protections for privacy and civil liberties in light
    of the data collection and activities of the foreign government
    that will be subject to the agreement, if--
    ``(A) such a determination under this section takes
    into account, as appropriate, credible information and
    expert input; and
    ``(B) the factors to be met in making such a
    determination include whether the foreign government--
    ``(i) has adequate substantive and procedural
    laws on cybercrime and electronic evidence, as
    demonstrated by being a party to the Convention on
    Cybercrime, done at Budapest November 23, 2001,
    and entered into force January 7, 2004, or through
    domestic laws that are consistent with definitions
    and the requirements set forth in chapters I and
    II of that Convention;
    ``(ii) demonstrates respect for the rule of
    law and principles of nondiscrimination;
    ``(iii) adheres to applicable international
    human rights obligations and commitments or
    demonstrates respect for international universal
    human rights, including--
    ``(I) protection from arbitrary and
    unlawful interference with privacy;
    ``(II) fair trial rights;
    ``(III) freedom of expression,
    association, and peaceful assembly;
    ``(IV) prohibitions on arbitrary
    arrest and detention; and
    ``(V) prohibitions against torture
    and cruel, inhuman, or degrading
    treatment or punishment;
    ``(iv) has clear legal mandates and procedures
    governing those entities of the foreign government
    that are authorized to seek data under the
    executive agreement, including procedures through
    which those authorities collect, retain, use, and
    share data, and effective oversight of these
    activities;
    ``(v) has sufficient mechanisms to provide
    accountability and appropriate transparency
    regarding the collection and use of electronic
    data by the foreign government; and
    ``(vi) demonstrates a commitment to promote
    and protect the global free flow of information
    and the open, distributed, and interconnected
    nature of the Internet;
    ``(2) the foreign government has adopted appropriate
    procedures to minimize the acquisition, retention, and
    dissemination of information concerning United States persons
    subject to the agreement;
    ``(3) the terms of the agreement shall not create any
    obligation that providers be capable of decrypting data or
    limitation that prevents providers from decrypting data; and
    ``(4) the agreement requires that, with respect to any order
    that is subject to the agreement--

    [[Page 1219]]

    ``(A) the foreign government may not intentionally
    target a United States person or a person located in the
    United States, and shall adopt targeting procedures
    designed to meet this requirement;
    ``(B) the foreign government may not target a non-
    United States person located outside the United States
    if the purpose is to obtain information concerning a
    United States person or a person located in the United
    States;
    ``(C) the foreign government may not issue an order
    at the request of or to obtain information to provide to
    the United States Government or a third-party
    government, nor shall the foreign government be required
    to share any information produced with the United States
    Government or a third-party government;
    ``(D) an order issued by the foreign government--
    ``(i) shall be for the purpose of obtaining
    information relating to the prevention, detection,
    investigation, or prosecution of serious crime,
    including terrorism;
    ``(ii) shall identify a specific person,
    account, address, or personal device, or any other
    specific identifier as the object of the order;
    ``(iii) shall be in compliance with the
    domestic law of that country, and any obligation
    for a provider of an electronic communications
    service or a remote computing service to produce
    data shall derive solely from that law;
    ``(iv) shall be based on requirements for a
    reasonable justification based on articulable and
    credible facts, particularity, legality, and
    severity regarding the conduct under
    investigation;
    ``(v) shall be subject to review or oversight
    by a court, judge, magistrate, or other
    independent authority prior to, or in proceedings
    regarding, enforcement of the order; and
    ``(vi) in the case of an order for the
    interception of wire or electronic communications,
    and any extensions thereof, shall require that the
    interception order--
    ``(I) be for a fixed, limited
    duration; and
    ``(II) may not last longer than is
    reasonably necessary to accomplish the
    approved purposes of the order; and
    ``(III) be issued only if the same
    information could not reasonably be
    obtained by another less intrusive
    method;
    ``(E) an order issued by the foreign government may
    not be used to infringe freedom of speech;
    ``(F) the foreign government shall promptly review
    material collected pursuant to the agreement and store
    any unreviewed communications on a secure system
    accessible only to those persons trained in applicable
    procedures;
    ``(G) the foreign government shall, using procedures
    that, to the maximum extent possible, meet the
    definition of minimization procedures in section 101 of
    the Foreign Intelligence Surveillance Act of 1978 (50
    U.S.C. 1801), segregate, seal, or delete, and not
    disseminate material found not to be information that
    is, or is necessary to understand

    [[Page 1220]]

    or assess the importance of information that is,
    relevant to the prevention, detection, investigation, or
    prosecution of serious crime, including terrorism, or
    necessary to protect against a threat of death or
    serious bodily harm to any person;
    ``(H) the foreign government may not disseminate the
    content of a communication of a United States person to
    United States authorities unless the communication may
    be disseminated pursuant to subparagraph (G) and relates
    to significant harm, or the threat thereof, to the
    United States or United States persons, including crimes
    involving national security such as terrorism,
    significant violent crime, child exploitation,
    transnational organized crime, or significant financial
    fraud;
    ``(I) the foreign government shall afford reciprocal
    rights of data access, to include, where applicable,
    removing restrictions on communications service
    providers, including providers subject to United States
    jurisdiction, and thereby allow them to respond to valid
    legal process sought by a governmental entity (as
    defined in section 2711) if foreign law would otherwise
    prohibit communications-service providers from
    disclosing the data;
    ``(J) the foreign government shall agree to periodic
    review of compliance by the foreign government with the
    terms of the agreement to be conducted by the United
    States Government; and
    ``(K) the United States Government shall reserve the
    right to render the agreement inapplicable as to any
    order for which the United States Government concludes
    the agreement may not properly be invoked.

    ``(c) Limitation on Judicial Review.--A determination or
    certification made by the Attorney General under subsection (b) shall
    not be subject to judicial or administrative review.
    ``(d) Effective Date of Certification.--
    ``(1) Notice.--Not later than 7 days after the date on which
    the Attorney General certifies an executive agreement under
    subsection (b), the Attorney General shall provide notice of the
    determination under subsection (b) and a copy of the executive
    agreement to Congress, including--
    ``(A) the Committee on the Judiciary and the
    Committee on Foreign Relations of the Senate; and
    ``(B) the Committee on the Judiciary and the
    Committee on Foreign Affairs of the House of
    Representatives.
    ``(2) Entry into force.--An executive agreement that is
    determined and certified by the Attorney General to satisfy the
    requirements of this section shall enter into force not earlier
    than the date that is 180 days after the date on which notice is
    provided under paragraph (1), unless Congress enacts a joint
    resolution of disapproval in accordance with paragraph (4).
    ``(3) Requests for information.--Upon request by the
    Chairman or Ranking Member of a congressional committee
    described in paragraph (1), the head of an agency shall promptly
    furnish a summary of factors considered in determining that the
    foreign government satisfies the requirements of this section.
    ``(4) Congressional review.--

    [[Page 1221]]

    ``(A) Joint resolution defined.--In this paragraph,
    the term `joint resolution' means only a joint
    resolution--
    ``(i) introduced during the 180-day period
    described in paragraph (2);
    ``(ii) which does not have a preamble;
    ``(iii) the title of which is as follows:
    `Joint resolution disapproving the executive
    agreement signed by the United States and __.',
    the blank space being appropriately filled in; and
    ``(iv) the matter after the resolving clause
    of which is as follows: `That Congress disapproves
    the executive agreement governing access by ___ to
    certain electronic data as submitted by the
    Attorney General on ___', the blank spaces being
    appropriately filled in.
    ``(B) Joint resolution enacted.--Notwithstanding any
    other provision of this section, if not later than 180
    days after the date on which notice is provided to
    Congress under paragraph (1), there is enacted into law
    a joint resolution disapproving of an executive
    agreement under this section, the executive agreement
    shall not enter into force.
    ``(C) Introduction.--During the 180-day period
    described in subparagraph (B), a joint resolution of
    disapproval may be introduced--
    ``(i) in the House of Representatives, by the
    majority leader or the minority leader; and
    ``(ii) in the Senate, by the majority leader
    (or the majority leader's designee) or the
    minority leader (or the minority leader's
    designee).
    ``(5) Floor consideration in house of representatives.--If a
    committee of the House of Representatives to which a joint
    resolution of disapproval has been referred has not reported the
    joint resolution within 120 days after the date of referral,
    that committee shall be discharged from further consideration of
    the joint resolution.
    ``(6) Consideration in the senate.--
    ``(A) Committee referral.--A joint resolution of
    disapproval introduced in the Senate shall be referred
    jointly--
    ``(i) to the Committee on the Judiciary; and
    ``(ii) to the Committee on Foreign Relations.
    ``(B) Reporting and discharge.--If a committee to
    which a joint resolution of disapproval was referred has
    not reported the joint resolution within 120 days after
    the date of referral of the joint resolution, that
    committee shall be discharged from further consideration
    of the joint resolution and the joint resolution shall
    be placed on the appropriate calendar.
    ``(C) Proceeding to consideration.--It is in order
    at any time after both the Committee on the Judiciary
    and the Committee on Foreign Relations report a joint
    resolution of disapproval to the Senate or have been
    discharged from consideration of such a joint resolution
    (even though a previous motion to the same effect has
    been disagreed to) to move to proceed to the
    consideration of the joint resolution, and all points of
    order against the

    [[Page 1222]]

    joint resolution (and against consideration of the joint
    resolution) are waived. The motion is not debatable or
    subject to a motion to postpone. A motion to reconsider
    the vote by which the motion is agreed to or disagreed
    to shall not be in order.
    ``(D) Consideration in the senate.--In the Senate,
    consideration of the joint resolution, and on all
    debatable motions and appeals in connection therewith,
    shall be limited to not more than 10 hours, which shall
    be divided equally between those favoring and those
    opposing the joint resolution. A motion further to limit
    debate is in order and not debatable. An amendment to,
    or a motion to postpone, or a motion to proceed to the
    consideration of other business, or a motion to recommit
    the joint resolution is not in order.
    ``(E) Consideration of veto messages.--Debate in the
    Senate of any veto message with respect to a joint
    resolution of disapproval, including all debatable
    motions and appeals in connection with the joint
    resolution, shall be limited to 10 hours, to be equally
    divided between, and controlled by, the majority leader
    and the minority leader or their designees.
    ``(7) Rules relating to senate and house of
    representatives.--
    ``(A) Treatment of senate joint resolution in
    house.--In the House of Representatives, the following
    procedures shall apply to a joint resolution of
    disapproval received from the Senate (unless the House
    has already passed a joint resolution relating to the
    same proposed action):
    ``(i) The joint resolution shall be referred
    to the appropriate committees.
    ``(ii) If a committee to which a joint
    resolution has been referred has not reported the
    joint resolution within 7 days after the date of
    referral, that committee shall be discharged from
    further consideration of the joint resolution.
    ``(iii) Beginning on the third legislative day
    after each committee to which a joint resolution
    has been referred reports the joint resolution to
    the House or has been discharged from further
    consideration thereof, it shall be in order to
    move to proceed to consider the joint resolution
    in the House. All points of order against the
    motion are waived. Such a motion shall not be in
    order after the House has disposed of a motion to
    proceed on the joint resolution. The previous
    question shall be considered as ordered on the
    motion to its adoption without intervening motion.
    The motion shall not be debatable. A motion to
    reconsider the vote by which the motion is
    disposed of shall not be in order.
    ``(iv) The joint resolution shall be
    considered as read. All points of order against
    the joint resolution and against its consideration
    are waived. The previous question shall be
    considered as ordered on the joint resolution to
    final passage without intervening motion except 2
    hours of debate equally divided and controlled

    [[Page 1223]]

    by the sponsor of the joint resolution (or a
    designee) and an opponent. A motion to reconsider
    the vote on passage of the joint resolution shall
    not be in order.
    ``(B) Treatment of house joint resolution in
    senate.--
    ``(i) If, before the passage by the Senate of
    a joint resolution of disapproval, the Senate
    receives an identical joint resolution from the
    House of Representatives, the following procedures
    shall apply:
    ``(I) That joint resolution shall
    not be referred to a committee.
    ``(II) With respect to that joint
    resolution--
    ``(aa) the procedure in the
    Senate shall be the same as if
    no joint resolution had been
    received from the House of
    Representatives; but
    ``(bb) the vote on passage
    shall be on the joint resolution
    from the House of
    Representatives.
    ``(ii) If, following passage of a joint
    resolution of disapproval in the Senate, the
    Senate receives an identical joint resolution from
    the House of Representatives, that joint
    resolution shall be placed on the appropriate
    Senate calendar.
    ``(iii) If a joint resolution of disapproval
    is received from the House, and no companion joint
    resolution has been introduced in the Senate, the
    Senate procedures under this subsection shall
    apply to the House joint resolution.
    ``(C) Application to revenue measures.--The
    provisions of this paragraph shall not apply in the
    House of Representatives to a joint resolution of
    disapproval that is a revenue measure.
    ``(8) Rules of house of representatives and senate.--This
    subsection is enacted by Congress--
    ``(A) as an exercise of the rulemaking power of the
    Senate and the House of Representatives, respectively,
    and as such is deemed a part of the rules of each House,
    respectively, and supersedes other rules only to the
    extent that it is inconsistent with such rules; and
    ``(B) with full recognition of the constitutional
    right of either House to change the rules (so far as
    relating to the procedure of that House) at any time, in
    the same manner, and to the same extent as in the case
    of any other rule of that House.

    ``(e) Renewal of Determination.--
    ``(1) In general.--The Attorney General, with the
    concurrence of the Secretary of State, shall review and may
    renew a determination under subsection (b) every 5 years.
    ``(2) Report.--Upon renewing a determination under
    subsection (b), the Attorney General shall file a report with
    the Committee on the Judiciary and the Committee on Foreign
    Relations of the Senate and the Committee on the Judiciary and
    the Committee on Foreign Affairs of the House of Representatives
    describing--
    ``(A) the reasons for the renewal;

    [[Page 1224]]

    ``(B) any substantive changes to the agreement or to
    the relevant laws or procedures of the foreign
    government since the original determination or, in the
    case of a second or subsequent renewal, since the last
    renewal; and
    ``(C) how the agreement has been implemented and
    what problems or controversies, if any, have arisen as a
    result of the agreement or its implementation.
    ``(3) Nonrenewal.--If a determination is not renewed under
    paragraph (1), the agreement shall no longer be considered to
    satisfy the requirements of this section.

    ``(f) Revisions to Agreement.--A revision to an agreement under this
    section shall be treated as a new agreement for purposes of this section
    and shall be subject to the certification requirement under subsection
    (b), and to the procedures under subsection (d), except that for
    purposes of a revision to an agreement--
    ``(1) the applicable time period under paragraphs (2),
    (4)(A)(i), (4)(B), and (4)(C) of subsection (d) shall be 90 days
    after the date notice is provided under subsection (d)(1); and
    ``(2) the applicable time period under paragraphs (5) and
    (6)(B) of subsection (d) shall be 60 days after the date notice
    is provided under subsection (d)(1).

    ``(g) Publication.--Any determination or certification under
    subsection (b) regarding an executive agreement under this section,
    including any termination or renewal of such an agreement, shall be
    published in the Federal Register as soon as is reasonably practicable.
    ``(h) Minimization Procedures.--A United States authority that
    receives the content of a communication described in subsection
    (b)(4)(H) from a foreign government in accordance with an executive
    agreement under this section shall use procedures that, to the maximum
    extent possible, meet the definition of minimization procedures in
    section 101 of the Foreign Intelligence Surveillance Act of 1978 (50
    U.S.C. 1801) to appropriately protect nonpublicly available information
    concerning United States persons.''.
    (b) Table of Sections Amendment.--The table of sections for chapter
    119 of title 18, United States Code <> , is
    amended by inserting after the item relating to section 2522 the
    following:

    ``2523. Executive agreements on access to data by foreign
    governments.''.

    SEC <> . 106. RULE OF CONSTRUCTION.

    Nothing in this division, or the amendments made by this division,
    shall be construed to preclude any foreign authority from obtaining
    assistance in a criminal investigation or prosecution pursuant to
    section 3512 of title 18, United States Code, section

    [[Page 1225]]

    1782 of title 28, United States Code, or as otherwise provided by law.

    Approved March 23, 2018.

    LEGISLATIVE HISTORY--H.R. 1625:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD:
    Vol. 163 (2017):
    May 22, considered and passed House.
    Vol. 164 (2018):
    Feb. 28, considered and passed
    Senate, amended.
    Mar. 22, House concurred in Senate
    amendment with an amendment.
    Senate concurred in House
    amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
    Mar. 23, Presidential remarks.
    ---------------------------------------------------------------------------

    __________

    ENDNOTE: The following appendixes were added pursuant to the
    provisions of section 121 of Division G of this Act (132 Stat. 661).

    THIS PAGE LEFT INTENTIONALLY BLANK

    [[Page 1225A-1]]

    TABLE OF CONTENTS

    The table of contents is as follows:

    APPENDIX A--SECTION 7130--S. 1460

    APPENDIX B--SECTION 7134--S. 1460

    APPENDIX C--H.R. 1281

    APPENDIX D--H.R. 4134

    [[Page 1225A-3]]

    APPENDIX A--SECTION 7130--S. 1460

    SEC. 7130. MODIFICATION OF THE SECOND DIVISION MEMORIAL.

    (a) Authorization.--The Second Indianhead Division Association,
    Inc., Scholarship and Memorials Foundation, an organization described in
    section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
    taxation under section 501(a) of that Code, may place additional
    commemorative elements or engravings on the raised platform or stone
    work of the existing Second Division Memorial located in President's
    Park, between 17th Street Northwest and Constitution Avenue in the
    District of Columbia, to further honor the members of the Second
    Infantry Division who have given their lives in service to the United
    States.
    (b) Application of Commemorative Works Act.--Chapter 89 of title 40,
    United States Code (commonly known as the ``Commemorative Works Act''),
    shall apply to the design and placement of the commemorative elements or
    engravings authorized under subsection (a).
    (c) Funding.--Federal funds may not be used for modifications of the
    Second Division Memorial authorized under subsection (a).

    [[Page 1225A-5]]

    APPENDIX B--SECTION 7134--S. 1460

    SEC. 7134. STE. GENEVIEVE NATIONAL HISTORICAL PARK.

    (a) Definitions.--In this section:
    (1) Historic district.--The term ``Historic District'' means
    the Ste. Genevieve Historic District National Historic Landmark,
    as generally depicted on the Map.
    (2) Historical park.--The term ``Historical Park'' means the
    Ste. Genevieve National Historical Park established by
    subsection (b).
    (3) Map.--The term ``Map'' means the map entitled ``Ste.
    Genevieve National Historical Park Proposed Boundary'', numbered
    571/132,626, and dated May 2016.
    (4) Special resource study.--The term ``special resource
    study'' means the study entitled ``Ste. Genevieve Final Special
    Resources Study and Environmental Assessment, Missouri'' and
    dated May 2016.
    (5) State.--The term ``State'' means the State of Missouri.

    (b) Establishment.--
    (1) In general.--Subject to paragraph (2), there is
    established the Ste. Genevieve National Historical Park in the
    State as a unit of the National Park System to preserve,
    protect, and interpret for the benefit of present and future
    generations the themes of French settlement, vernacular
    architecture, and community form and farming on the frontier
    associated with Ste. Genevieve.
    (2) Conditions for establishment.--The Historical Park shall
    not be established until the date on which the Secretary
    determines that--
    (A) sufficient land has been acquired for the
    Historical Park to constitute a manageable unit; and
    (B) the Secretary has entered into a written
    agreement providing that land owned by the State, the
    City of Ste. Genevieve, or other entity within the
    Historic District shall be managed consistent with the
    purposes of this section.

    (c) Boundaries.--The boundaries of the Historical Park shall be the
    boundaries generally depicted on the Map.
    (d) Availability of Map.--The Map shall be on file and available for
    public inspection in the appropriate offices of the National Park
    Service.
    (e) Acquisition Authority.--
    (1) In general.--The Secretary may acquire any land or
    interest in land located within the boundary of the Historical
    Park or any nationally significant property identified in the
    special resource study within the Historic District by--
    (A) donation;

    [[Page 1225A-6]]

    (B) purchase with donated or appropriated funds; or
    (C) exchange.
    (2) Boundary revision.--On the acquisition of any property
    within the Historic District under paragraph (1), the Secretary
    shall revise the boundary of the Historical Park to include the
    property.

    (f) Administration.--
    (1) In general.--The Secretary shall administer the
    Historical Park in accordance with--
    (A) this section; and
    (B) the laws generally applicable to units of the
    National Park System, including--
    (i) section 100101(a), chapter 1003, and
    sections 100751(a), 100752, 100753, and 102101 of
    title 54, United States Code; and
    (ii) chapter 3201 of title 54, United States
    Code.
    (2) Management plan.--
    (A) In general.--Not later than 3 years after the
    date on which funds are made available to prepare a
    general management plan for the Historical Park, the
    Secretary shall prepare the general management plan in
    accordance with section 100502 of title 54, United
    States Code.
    (B) Submission to congress.--On completion of the
    general management plan under subparagraph (A), the
    Secretary shall submit to the Committee on Natural
    Resources of the House of Representatives and the
    Committee on Energy and Natural Resources of the Senate
    the general management plan.
    (3) Related sites.--The Secretary may provide interpretative
    tours and educational programs at related historic and cultural
    sites within the Historic District associated with the purposes
    for which the Historical Park is established.

    (g) Cooperative Agreements.--
    (1) In general.--The Secretary may provide technical
    assistance and enter into cooperative agreements with the owner
    of a nationally significant property within the Historical Park
    or the Historic District, to identify, mark, interpret, improve,
    and restore the property.
    (2) Right of access.--A cooperative agreement entered into
    under paragraph (1) shall provide that the Secretary, acting
    through the Director of the National Park Service, shall have
    the right of access at all reasonable times to all public
    portions of the property covered by the agreement for the
    purposes of--
    (A) conducting visitors through the property; and
    (B) interpreting the property for the public.
    (3) Cost-sharing requirement.--
    (A) Federal share.--The Federal share of the total
    cost of any activity carried out under a cooperative
    agreement entered into under this subsection shall be
    not more than 50 percent.
    (B) Form of non-federal share.--The non-Federal
    share of an activity carried out under a cooperative
    agreement entered into under this subsection may be in
    the form of donated property, goods, or services fairly
    valued.

    [[Page 1225A-7]]

    (4) Changes or alterations.--No changes or alterations shall
    be made to any property or project covered by a cooperative
    agreement entered into under paragraph (1) unless the Secretary
    and the other party to the agreement agree to the changes or
    alterations.
    (5) Conversion, use, or disposal.--Any payment by the
    Secretary under this subsection shall be subject to an agreement
    that the conversion, use, or disposal of a property or project
    for purposes contrary to the purposes of this section, as
    determined by the Secretary, shall entitle the United States to
    reimbursement in any amount equal to the greater of--
    (A) the amounts made available to the property or
    project by the United States; or
    (B) the portion of the increased value of the
    property or project attributable to the amounts made
    available under this subsection, as determined at the
    time of the conversion, use, or disposal.

    (h) Limited Role of the Secretary.--Nothing in this section
    authorizes the Secretary to assume overall financial responsibility for
    the operation, maintenance, or management of the Historic District.

    [[Page 1225A-9]]

    APPENDIX C--H.R. 1281

    SECTION 1. EXTENSION OF HIGHLANDS CONSERVATION ACT.

    Section 4(e) of the Highlands Conservation Act (Public Law
    108-421; 118 Stat. 2377) is amended by striking ``2014'' and inserting
    ``2021''.

    [[Page 1225A-11]]

    APPENDIX D--H.R. 4134

    SECTION 1. <> SHORT TITLE.

    This Act may be cited as the ``Cecil D. Andrus-White Clouds
    Wilderness Redesignation Act''.
    SEC. 2. REDESIGNATION OF WHITE CLOUDS WILDERNESS, SAWTOOTH AND
    CHALLIS NATIONAL FORESTS, IDAHO.

    (a) Redesignation.--Section 101(b) of the Sawtooth National
    Recreation Area and Jerry Peak Wilderness Additions Act (16 U.S.C. 1132
    note; 129 Stat. 477) is amended--
    (1) in the subsection heading, by striking ``White'' and
    inserting ``Cecil D. Andrus-White''; and
    (2) in the text, by striking ``White'' the second place it
    appears and inserting ``Cecil D. Andrus-White''.

    (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the White Clouds
    Wilderness. shall be deemed to be a reference to the Cecil D. Andrus-
    White Clouds Wilderness.