[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1625 Enrolled Bill (ENR)]
H.R.1625
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
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
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
DIVISION M--EXTENSIONS
Title I--Airport and Airway Extension
Title II--Immigration Extensions
Title III--National Flood Insurance Program Extension
Title IV--Pesticide Registration Improvement Act Extension
Title V--Generalized System of Preferences
Title VI--Judicial Redaction Authority Extension
Title VII--Budgetary Effects
DIVISION N--BUILD ACT
DIVISION O--WILDFIRE SUPPRESSION FUNDING AND FOREST MANAGEMENT
ACTIVITIES ACT
DIVISION P--RAY BAUM'S ACT OF 2018
DIVISION Q--KEVIN AND AVONTE'S LAW
DIVISION R--TARGET ACT
DIVISION S--OTHER MATTER
Title I--Child Protection Improvements Act
Title II--Save America's Pastime Act
Title III--Keep Young Athletes Safe Act
Title IV--Consent of Congress to Amendments to the Constitution of the
State of Arizona
Title V--Stop School Violence Act
Title VI--Fix NICS Act
Title VII--State Sexual Risk Avoidance Education Program
Title VIII--Small Business Credit Availability Act
Title IX--Small Business Access to Capital After a Natural Disaster Act
Title X--Taylor Force Act
Title XI--FARM Act
Title XII--Tipped Employees
Title XIII--Revisions to Pass-Through Period and Payment Rules
DIVISION T--REVENUE PROVISIONS
DIVISION U--TAX TECHNICAL CORRECTIONS
DIVISION V--CLOUD ACT
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about March 22, 2018, and
submitted by the Chairman of the Committee on Appropriations of the
House, shall have the same effect with respect to the allocation of
funds and implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2018.
SEC. 6. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available (or rescinded, if applicable) only if
the President subsequently so designates all such amounts and transmits
such designations to the Congress.
SEC. 7. ADJUSTMENTS TO COMPENSATION.
(a) Notwithstanding any other provision of law, no adjustment shall
be made under section 601(a) of the Legislative Reorganization Act of
1946 (2 U.S.C. 4501) (relating to cost of living adjustments for
Members of Congress) during fiscal year 2018.
(b) There is appropriated for payment to Emily Robin Minerva, heir
of Louise McIntosh Slaughter, late a Representative from the State of
New York, $174,000.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $46,532,000,
of which not to exceed $5,051,000 shall be available for the immediate
Office of the Secretary; not to exceed $800,000 shall be available for
the Office of the Assistant to the Secretary for Rural Development:
Provided, That funds made available by this Act to an agency in the
Rural Development mission area for salaries and expenses are available
to fund up to one administrative support staff for the Office; not to
exceed $1,496,000 shall be available for the Office of Homeland
Security; not to exceed $4,711,000 shall be available for the Office of
Partnerships and Public Engagement; not to exceed $23,105,000 shall be
available for the Office of the Assistant Secretary for Administration,
of which $22,301,000 shall be available for Departmental Administration
to provide for necessary expenses for management support services to
offices of the Department and for general administration, security,
repairs and alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical and
efficient work of the Department: Provided further, That funds made
available by this Act to an agency in the Administration mission area
for salaries and expenses are available to fund up to one
administrative support staff for the Office; not to exceed $3,869,000
shall be available for the Office of Assistant Secretary for
Congressional Relations to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $7,500,000 shall be
available for the Office of Communications: Provided further, That the
Secretary of Agriculture is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other office of
the Office of the Secretary: Provided further, That no appropriation
for any office shall be increased or decreased by more than 5 percent:
Provided further, That not to exceed $11,000 of the amount made
available under this paragraph for the immediate Office of the
Secretary shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary:
Provided further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the holding
of hearings as required by 5 U.S.C. 551-558: Provided further, That
funds made available under this heading for the Office of the Assistant
Secretary for Congressional Relations may be transferred to agencies of
the Department of Agriculture funded by this Act to maintain personnel
at the agency level: Provided further, That no funds made available
under this heading for the Office of Assistant Secretary for
Congressional Relations may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the Committees
on Appropriations of both Houses of Congress on the allocation of these
funds by USDA agency.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$19,786,000, of which $4,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $58,950,000, of which not less than $33,000,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $901,000: Provided, That funds made available by this
Act to an agency in the Civil Rights mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $24,206,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $64,414,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.), $3,503,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials Management
may be transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.), $98,208,000, including such sums as
may be necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector General
Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the
Agriculture and Food Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$44,546,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $800,000: Provided, That funds
made available by this Act to an agency in the Research, Education, and
Economics mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$86,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $191,717,000, of which up to $63,350,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,202,766,000: Provided, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $500,000, except for headhouses or
greenhouses which shall each be limited to $1,800,000, except for 10
buildings to be constructed or improved at a cost not to exceed
$1,100,000 each, and except for two buildings to be constructed at a
cost not to exceed $3,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever is
greater: Provided further, That appropriations hereunder shall be
available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be owned,
operated, and maintained by the non-Federal entity and shall be removed
upon the expiration or termination of the lease agreement: Provided
further, That the limitations on alterations contained in this Act
shall not apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the Beltsville
Agricultural Research Center: Provided further, That the foregoing
limitations shall not apply to replacement of buildings needed to carry
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting easements at
any Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by, and acceptable
to, the Agricultural Research Service and a condition of the easements
shall be that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if the
Secretary finds that acceptance of the facility is in the interest of
the United States: Provided further, That funds may be received from
any State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized by
law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $140,600,000
to remain available until expended.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$887,171,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution challenge
grants, and grants management systems shall remain available until
expended: Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than $1,000,000:
Provided further, That funds for education grants for Alaska Native and
Native Hawaiian-serving institutions be made available to individual
eligible institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $483,626,000, which shall be for the purposes, and in
the amounts, specified in the table titled ``National Institute of Food
and Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility improvements at
1890 institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7 U.S.C.
3221 for cooperative extension receive no less than $1,000,000:
Provided further, That funds for cooperative extension under sections
3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and
section 208(c) of Public Law 93-471 shall be available for retirement
and employees' compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $37,000,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2019: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be
charged against any Extension Implementation Program Area grant awarded
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $901,000: Provided, That funds made
available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$981,893,000, of which $470,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $11,520,000, to remain available until expended,
shall be used for the cotton pests program for cost share purposes or
for debt retirement for active eradication zones; of which $37,857,000,
to remain available until expended, shall be for Animal Health
Technical Services; of which $705,000 shall be for activities under the
authority of the Horse Protection Act of 1970, as amended (15 U.S.C.
1831); of which $62,840,000, to remain available until expended, shall
be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $178,170,000, to remain available until
expended, shall be for specialty crop pests; of which, $9,326,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $16,523,000, to remain available until
expended, shall be for zoonotic disease management; of which
$40,966,000, to remain available until expended, shall be for emergency
preparedness and response; of which $56,000,000, to remain available
until expended, shall be for tree and wood pests; of which $5,725,000,
to remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,500,000, to remain available
until expended, shall be for the scrapie program for indemnities; of
which $2,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended:
Provided further, That of amounts available under this heading for the
screwworm program, $4,990,000 shall remain available until expended; of
which $3,000,000, to remain available until expended, shall be for
National Bio and Agro-Defense human capital development: Provided
further, That no funds shall be used to formulate or administer a
brucellosis eradication program for the current fiscal year that does
not require minimum matching by the States of at least 40 percent:
Provided further, That this appropriation shall be available for the
operation and maintenance of aircraft and the purchase of not to exceed
five, of which two shall be for replacement only: Provided further,
That in addition, in emergencies which threaten any segment of the
agricultural production industry of the United States, the Secretary
may transfer from other appropriations or funds available to the
agencies or corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests of animals,
poultry, or plants, and for expenses in accordance with sections 10411
and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316)
and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and
7772), and any unexpended balances of funds transferred for such
emergency purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250) for the
repair and alteration of leased buildings and improvements, but unless
otherwise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
In fiscal year 2018, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$151,595,000, of which $3,000,000 shall be available for the purposes
of section 12306 of Public Law 113-79: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $20,705,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $800,000: Provided, That funds made available by this Act
to an agency in the Food Safety mission area for salaries and expenses
are available to fund up to one administrative support staff for the
Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,056,844,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2018 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided
further, That not later than 180 days after the date of enactment of
this Act, the Food Safety and Inspection Service shall issue
equivalence determinations for all countries wishing to continue
exporting Siluriformes to the United States: Provided further, That
unless the requirements pursuant to the previous proviso have been met,
thereafter, none of the funds made available by this or any other Act
may be used to inspect, at point of entry, Siluriformes from countries
exporting to the United States until all requirements under section
557.2 of title 9, Code of Federal Regulations have been met and a final
determination of equivalence final rule has been published in the
Federal Register adding such countries to the list under section 327.2
of title 9, Code of Federal Regulations: Provided further, That of the
funds made available under this heading, $7,500,000 shall remain
available until expended for public health veterinarian recruitment and
retention incentives: Provided further, That this appropriation shall
be available pursuant to law (7 U.S.C. 2250) for the alteration and
repair of buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for
Farm Production and Conservation, $901,000: Provided, That funds made
available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
For necessary expenses of the Farm Production and Conservation
Business Center, $1,028,000, to remain available until expended:
Provided, That $145,000 of amounts appropriated for the current fiscal
year pursuant to section 1241(a) of the Farm Security and Rural
Investment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred to and
merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,202,146,000:
Provided, That not more than 50 percent of the $78,013,000 made
available under this heading for information technology related to farm
program delivery, including the Modernize and Innovate the Delivery of
Agricultural Systems and other farm program delivery systems, may be
obligated until the Secretary submits to the Committees on
Appropriations of both Houses of Congress, and receives written or
electronic notification of receipt from such Committees of, a plan for
expenditure that (1) identifies for each project/investment over
$25,000 (a) the functional and performance capabilities to be delivered
and the mission benefits to be realized, (b) the estimated lifecycle
cost, including estimates for development as well as maintenance and
operations, and (c) key milestones to be met; (2) demonstrates that
each project/investment is, (a) consistent with the Farm Service Agency
Information Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and (c) subject
to the applicable Department's capital planning and investment control
requirements; and (3) has been reviewed by the Government
Accountability Office and approved by the Committees on Appropriations
of both Houses of Congress: Provided further, That the agency shall
submit a report by the end of the fourth quarter of fiscal year 2018 to
the Committees on Appropriations and the Government Accountability
Office, that identifies for each project/investment that is operational
(a) current performance against key indicators of customer
satisfaction, (b) current performance of service level agreements or
other technical metrics, (c) current performance against a pre-
established cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and (e) an
assessment of whether the investment continues to meet business needs
as intended as well as alternatives to the investment: Provided
further, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with
this account: Provided further, That funds made available to county
committees shall remain available until expended: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to close Farm Service Agency county offices: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to permanently relocate county based employees that would result
in an office with two or fewer employees without prior notification and
approval of the Committees on Appropriations of both Houses of
Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $3,904,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
and Indian highly fractionated land loans (25 U.S.C. 488) to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: $2,750,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans; $1,960,000,000 for
unsubsidized guaranteed operating loans and $1,530,000,000 for direct
operating loans; emergency loans, $25,610,000; Indian tribe land
acquisition loans, $20,000,000; guaranteed conservation loans,
$150,000,000; Indian highly fractionated land loans, $10,000,000; and
for boll weevil eradication program loans, $60,000,000: Provided, That
the Secretary shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm operating loans,
$61,812,000 for direct operating loans, $21,756,000 for unsubsidized
guaranteed operating loans, emergency loans, $1,260,000 and $2,272,000
for Indian highly fractionated land loans to remain available until
expended.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $325,068,000: Provided, That of
this amount, $314,998,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses'', of
which $8,000,000 shall be available until September 30, 2019.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $74,829,000:
Provided, That not to exceed $1,000 shall be available for official
reception and representation expenses, as authorized by 7 U.S.C.
1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$874,107,000, to remain available until September 30, 2019: Provided,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That of the amounts made available under this
heading, $5,600,000, shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for authorized
ongoing watershed projects with a primary purpose of providing water to
rural communities.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005
and 1007-1009) and in accordance with the provisions of laws relating
to the activities of the Department, $150,000,000, to remain available
until expended: Provided, That for funds provided by this Act or any
other prior Act, the limitation regarding the size of the watershed or
subwatershed exceeding two hundred and fifty thousand acres in which
such activities can be undertaken shall only apply for activities
undertaken for the primary purpose of flood prevention (including
structural and land treatment measures): Provided further, That of the
amounts made available under this heading, $50,000,000 shall be
allocated to projects and activities that can commence promptly
following enactment; that address regional priorities for flood
prevention, agricultural water management, inefficient irrigation
systems, fish and wildlife habitat, or watershed protection; or that
address authorized ongoing projects under the authorities of section 13
of the Flood Control Act of December 22, 1944 (Public Law 78-534) with
a primary purpose of watershed protection by preventing floodwater
damage and stabilizing stream channels, tributaries, and banks to
reduce erosion and sediment transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $10,000,000 is provided: Provided, That of the
amounts made available under this heading, $5,000,000 shall remain
available until expended for watershed rehabilitation projects in
states with high-hazard dams and other watershed structures and that
have recently incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the
funds available to the Commodity Credit Corporation under section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $230,835,000: Provided,
That notwithstanding any other provision of law, funds appropriated
under this heading may be used for advertising and promotional
activities that support Rural Development programs: Provided further,
That in addition to any other funds appropriated for purposes
authorized by section 502(i) of the Housing Act of 1949 (42 U.S.C.
1472(i)), any amounts collected under such section, as amended by this
Act, will immediately be credited to this account and will remain
available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $1,100,000,000 shall be for direct loans and $24,000,000,000
shall be for unsubsidized guaranteed loans; $28,000,000 for section 504
housing repair loans; $40,000,000 for section 515 rental housing;
$230,000,000 for section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing acquired
property; $5,000,000 for section 523 self-help housing land development
loans; and $5,000,000 for section 524 site development loans:
Provided, That section 514(f)(3)(A) of the Housing Act of 1949 (42
U.S.C. 1484(f)(3)(A)) is amended by striking ``United States'' and
inserting ``United States,'' and by inserting before the semicolon the
following: ``, or a person legally admitted to the United States and
authorized to work in agriculture''.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $42,350,000 shall be for
direct loans; section 504 housing repair loans, $3,452,000; section 523
self-help housing land development loans, $368,000; section 524 site
development loans, $58,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $10,524,000: Provided,
That to support the loan program level for section 538 guaranteed loans
made available under this heading the Secretary may charge or adjust
any fees to cover the projected cost of such loan guarantees pursuant
to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), and the interest on such loans may not be subsidized: Provided
further, That applicants in communities that have a current rural area
waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q)
shall be treated as living in a rural area for purposes of section 502
guaranteed loans provided under this heading: Provided further, That
of the amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct loans for
individuals whose homes will be built pursuant to a program funded with
a mutual and self-help housing grant authorized by section 523 of the
Housing Act of 1949 until June 1, 2018: Provided further, That the
Secretary shall implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate the
acquisition of Rural Housing Service (RHS) multifamily housing
properties by such nonprofit organizations and public housing
authorities that commit to keep such properties in the RHS multifamily
housing program for a period of time as determined by the Secretary,
with such incentives to include, but not be limited to, the following:
allow such nonprofit entities and public housing authorities to earn a
Return on Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions, grants,
and developer loans at favorable rates and terms, invested in a deal;
and allow reimbursement of organizational costs associated with owner's
oversight of asset referred to as ``Asset Management Fee'' of up to
$7,500 per property.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949 (42
U.S.C. 1484, 1486), $14,710,000, to remain available until expended,
for direct farm labor housing loans and domestic farm labor housing
grants and contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged with this
account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the
Housing Act of 1949, $1,345,293,000, of which $40,000,000 shall be
available until September 30, 2019; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That
rental assistance agreements entered into or renewed during the current
fiscal year shall be funded for a one-year period: Provided further,
That any unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any debt
reduction; maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2018 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who
are not receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent practicable, be
applied to another farm labor multi-family housing project financed
under section 514 or 516 of the Act: Provided further, That except as
provided in the third proviso under this heading and notwithstanding
any other provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to fiscal year
2018 for a project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $47,000,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $25,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided
further, That the amount of such voucher shall be the difference
between comparable market rent for the section 515 unit and the tenant
paid rent for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to the
maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of Housing and
Urban Development: Provided further, That if the Secretary determines
that the amount made available for vouchers in this or any other Act is
not needed for vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph: Provided
further, That of the funds made available under this heading,
$22,000,000 shall be available for a demonstration program for the
preservation and revitalization of the sections 514, 515, and 516
multi-family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems appropriate,
expressly for the purposes of ensuring the project has sufficient
resources to preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives (including the
ability of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as part
of the preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional funds for
vouchers described in this paragraph are needed, funds for the
preservation and revitalization demonstration program may be used for
such vouchers: Provided further, That if Congress enacts legislation
to permanently authorize a multi-family rental housing loan
restructuring program similar to the demonstration program described
herein, the Secretary may use funds made available for the
demonstration program under this heading to carry out such legislation
with the prior approval of the Committees on Appropriations of both
Houses of Congress: Provided further, That in addition to any other
available funds, the Secretary may expend not more than $1,000,000
total, from the program funds made available under this heading, for
administrative expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $40,000,000, to remain available until
expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $148,287,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act of
1974, $4,849,000, to remain available until expended.
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $43,778,000, to remain
available until expended: Provided, That $4,000,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally Recognized
Native American Tribes to undertake projects to improve housing,
community facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided: Provided
further, That $5,778,000 of the amount appropriated under this heading
shall be to provide grants for facilities in rural communities with
extreme unemployment and severe economic depression (Public Law 106-
387), with up to 5 percent for administration and capacity building in
the State rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be available for
community facilities grants to tribal colleges, as authorized by
section 306(a)(19) of such Act: Provided further, That sections 381E-H
and 381N of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $77,342,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, not to exceed $500,000 shall be made available for one grant
to a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development and
$6,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 2009aa et seq.) and the Appalachian Regional Commission (40
U.S.C. 14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to funds
made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $4,361,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$557,000 shall be available through June 30, 2018, for Federally
Recognized Native American Tribes; and of which $1,072,000 shall be
available through June 30, 2018, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$45,000,000.
The cost of grants authorized under section 313 of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $27,550,000, of which $2,750,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $16,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a), of which $1,000,000 shall be for Agriculture
Innovation Centers authorized pursuant to section 6402 of Public Law
107-171.
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $293,000: Provided, That
the cost of loan guarantees, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $560,263,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That not to exceed $15,000,000 of the amount
appropriated under this heading shall be for grants authorized by
section 306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of such Act and
such grants may not exceed $1,000,000 notwithstanding section
306A(f)(1) of such Act: Provided further, That $68,000,000 of the
amount appropriated under this heading shall be for loans and grants
including water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant to
section 325 of Public Law 105-83: Provided further, That not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by the State of Alaska for
training and technical assistance programs and not more than 2 percent
of the funding provided for section 306D of the Consolidated Farm and
Rural Development Act may be used by a consortium formed pursuant to
section 325 of Public Law 105-83 for training and technical assistance
programs: Provided further, That not to exceed $40,000,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $8,000,000 shall be made available for a grant
to a qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $19,000,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $4,000,000 shall be for solid waste management grants:
Provided further, That $10,000,000 of the amount appropriated under
this heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances for high-
energy cost grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and
merged with the Rural Utilities Service, High Energy Cost Grants
Account: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized
by sections 305, 306, and 317 of the Rural Electrification Act of 1936
(7 U.S.C. 935, 936, and 940g) shall be made as follows: loans made
pursuant to sections 305, 306, and 317, notwithstanding 317(c), of that
Act, rural electric, $5,500,000,000; guaranteed underwriting loans
pursuant to section 313A, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural telecommunications loans,
and for loans made pursuant to section 306 of that Act, rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, or
improvement of fossil-fueled electric generating plants (whether new or
existing) that utilize carbon sequestration systems.
For the cost of direct loans as authorized by section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, cost of money rural telecommunications loans, $863,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$29,851,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $32,000,000, to remain
available until expended: Provided, That $3,000,000 shall be made
available for grants authorized by 379G of the Consolidated Farm and
Rural Development Act: Provided further, That funding provided under
this heading for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet all of the
eligibility criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by section 601 of
the Rural Electrification Act, $5,000,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $30,000,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $800,000: Provided, That funds
made available by this Act to an agency in the Food, Nutrition and
Consumer Services mission area for salaries and expenses are available
to fund up to one administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $24,254,139,000 to remain available through September 30,
2019, of which such sums as are made available under section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $17,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $30,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies and
schools to purchase the equipment, with a value of greater than $1,000,
needed to serve healthier meals, improve food safety, and to help
support the establishment, maintenance, or expansion of the school
breakfast program: Provided further, That of the total amount
available, $28,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of 2010
(Public Law 111-80): Provided further, That section 26(d) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d)) is
amended in the first sentence by striking ``2010 through 2017'' and
inserting ``2010 through 2018'': Provided further, That section
9(h)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(h)(3)) is amended in the first sentence by striking ``for fiscal
year 2017'' and inserting ``for fiscal year 2018'': Provided further,
That section 9(h)(4) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(h)(4)) is amended in the first sentence by striking
``for fiscal year 2017'' and inserting ``for fiscal year 2018''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,175,000,000, to remain available
through September 30, 2019, of which $25,000,000 shall be placed in
reserve, to remain available until expended, to be allocated as the
Secretary deemed necessary, notwithstanding section 17(i) of such Act,
to support participation should cost or participation exceed budget
estimates: Provided, That notwithstanding section 17(h)(10) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than
$60,000,000 shall be used for breastfeeding peer counselors and other
related activities, and $14,000,000 shall be used for infrastructure:
Provided further, That none of the funds provided in this account shall
be available for the purchase of infant formula except in accordance
with the cost containment and competitive bidding requirements
specified in section 17 of such Act: Provided further, That none of
the funds provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies unless
authorized by section 17 of such Act: Provided further, That upon
termination of a federally mandated vendor moratorium and subject to
terms and conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of a State
agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $74,013,499,000, of which $3,000,000,000,
to remain available through December 31, 2019, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
provided herein shall be expended in accordance with section 16 of the
Food and Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to provide
nutrition education services to State agencies and Federally Recognized
Tribes participating in the Food Distribution Program on Indian
Reservations: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available
through September 30, 2019: Provided further, That funds made
available under this heading for section 28(d)(1), section 4(b), and
section 27(a) of the Food and Nutrition Act of 2008 shall remain
available through September 30, 2019: Provided further, That none of
the funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183A): Provided further, That funds made
available under this heading may be used to enter into contracts and
employ staff to conduct studies, evaluations, or to conduct activities
related to program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $322,139,000, to
remain available through September 30, 2019: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2018 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2019: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 15 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$153,841,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171,
as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $875,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$3,796,000.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $199,666,000, of which no more than 6 percent shall
remain available until September 30, 2019, for overseas operations to
include the payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to
the agricultural food production assistance programs (7 U.S.C. 1737)
and the foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting fluctuations
in international currency exchange rates, subject to documentation by
the Foreign Agricultural Service, shall remain available until
expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program of
title I, Food for Peace Act (Public Law 83-480) and the Food for
Progress Act of 1985, $149,000, shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,600,000,000, to remain available until expended:
Provided, That the Administrator of the United States Agency for
International Development shall in each instance notify in writing the
Committees on Appropriations of both Houses of Congress, the Committee
on Agriculture of the House, the Committee on Foreign Relations of the
Senate, the Committee on Foreign Affairs of the House, and the
Committee on Agriculture, Nutrition, and Forestry of the Senate and
make publicly available online the amount and use of authority in
section 202(a) of the Food for Peace Act (7 U.S.C. 1722(a)) to
notwithstand the minimum level of nonemergency assistance required by
section 412(e)(2) of the Food for Peace Act (7 U.S.C. 1736f(e)(2)) not
later than 15 days after the date of such action.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $207,626,000, to remain available until expended, of which
$1,000,000 is for the use of recently developed potable water
technologies in school feeding projects: Provided, That the Commodity
Credit Corporation is authorized to provide the services, facilities,
and authorities for the purpose of implementing such section, subject
to reimbursement from amounts provided herein: Provided further, That
of the amount made available under this heading, $10,000,000, shall
remain available until expended for necessary expenses to carry out the
provisions of section 3207 of the Agricultural Act of 2014 (7 U.S.C.
1726c).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$8,845,000; to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $6,382,000 shall
be transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $2,463,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; in addition to amounts appropriated
to the FDA Innovation Account, for carrying out the activities
described in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to exceed
$25,000; and notwithstanding section 521 of Public Law 107-188;
$5,138,041,000: Provided, That of the amount provided under this
heading, $911,346,000 shall be derived from prescription drug user fees
authorized by 21 U.S.C. 379h, and shall be credited to this account and
remain available until expended; $193,291,000 shall be derived from
medical device user fees authorized by 21 U.S.C. 379j, and shall be
credited to this account and remain available until expended;
$493,600,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $40,214,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-
52, and shall be credited to this account and remain available until
expended; $18,093,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $9,419,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and
shall be credited to this account and remain available until expended;
$672,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that
exceed the respective fiscal year 2018 limitations are appropriated and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and generic new animal drug assessments for fiscal year 2018, including
any such fees collected prior to fiscal year 2018 but credited for
fiscal year 2018, shall be subject to the fiscal year 2018 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2018 of user fees specified under this heading and authorized for
fiscal year 2019, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2019 for which the Secretary
accepts payment in fiscal year 2018 shall not be included in amounts
under this heading: Provided further, That none of these funds shall
be used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $1,041,615,000 shall be for the Center for
Food Safety and Applied Nutrition and related field activities in the
Office of Regulatory Affairs; (2) $1,617,881,000 shall be for the
Center for Drug Evaluation and Research and related field activities in
the Office of Regulatory Affairs; (3) $359,614,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $197,252,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $487,197,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $63,331,000
shall be for the National Center for Toxicological Research; (7)
$625,646,000 shall be for the Center for Tobacco Products and for
related field activities in the Office of Regulatory Affairs; (8) not
to exceed $172,003,000 shall be for Rent and Related activities, of
which $50,559,000 is for White Oak Consolidation, other than the
amounts paid to the General Services Administration for rent; (9) not
to exceed $237,671,000 shall be for payments to the General Services
Administration for rent; and (10) $335,831,000 shall be for other
activities, including the Office of the Commissioner of Food and Drugs,
the Office of Foods and Veterinary Medicine, the Office of Medical and
Tobacco Products, the Office of Global and Regulatory Policy, the
Office of Operations, the Office of the Chief Scientist, and central
services for these offices: Provided further, That not to exceed
$25,000 of this amount shall be for official reception and
representation expenses, not otherwise provided for, as determined by
the Commissioner: Provided further, That any transfer of funds
pursuant to section 770(n) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379dd(n)) shall only be from amounts made available under
this heading for other activities: Provided further, That of the
amounts that are made available under this heading for ``other
activities'', and that are not derived from user fees, $1,500,000 shall
be transferred to and merged with the appropriation for ``Department of
Health and Human Services--Office of Inspector General'' for oversight
of the programs and operations of the Food and Drug Administration and
shall be in addition to funds otherwise made available for oversight of
the Food and Drug Administration: Provided further, That of the total
amount made available under this heading, $1,500,000 shall be used by
the Commissioner of Food and Drugs, in coordination with the Secretary
of Agriculture, for consumer outreach and education regarding
agricultural biotechnology and biotechnology-derived food products and
animal feed, including through publication and distribution of science-
based educational information on the environmental, nutritional, food
safety, economic, and humanitarian impacts of such biotechnology, food
products, and feed: Provided further, That funds may be transferred
from one specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale
distributor licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and inspection fees
authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees
authorized by 21 U.S.C. 384d(c)(8), and medical countermeasure priority
review voucher user fees authorized by 21 U.S.C. 360bbb-4a, shall be
credited to this account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise
provided, $11,788,000, to remain available until expended.
fda innovation account, cures act
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes under the heading ``Salaries and
Expenses'', $60,000,000, to remain available until expended: Provided,
That amounts appropriated in this paragraph are appropriated pursuant
to section 1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such Act, and
may be transferred by the Commissioner of Food and Drugs to the
appropriation for ``Department of Health and Human Services--Food and
Drug Administration--Salaries and Expenses'' solely for the purposes
provided in such Act: Provided further, That upon a determination by
the Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $249,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$48,000,000, to remain available until September 30, 2019, shall be for
the purchase of information technology and of which not less than
$2,700,000 shall be for expenses of the Office of the Inspector
General: Provided, That notwithstanding the limitations in 31 U.S.C.
1553, amounts provided under this heading are available for the
liquidation of obligations equal to current year payments on leases
entered into prior to the date of enactment of this Act: Provided
further, That for the purpose of recording and liquidating any lease
obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and recorded in
a new no-year account in the Treasury, which may be established for the
sole purpose of recording adjustments for and liquidating such unpaid
obligations: Provided further, That if any furlough or reduction-in-
force of personnel at the Commission occurs as a result of an action
under 5 U.S.C. 7119, the Commission shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate no later than 30 days after the furlough or reduction-in-force
occurs detailing the agency's reasoning for conducting a furlough or
reduction-in-force: Provided further, That in the report the
Commission shall explain why the furlough or reduction-in-force was the
only reasonable course of action in response to an action taken under 5
U.S.C. 7119: Provided further, That after the conclusion of any
furlough or reduction-in-force of the Commission in response to an
action taken under 5 U.S.C. 7119, the Comptroller General shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a report that describes (1) the long-term cost of any
pay increases the Commission must make in response to an action taken
under 5 U.S.C. 7119; and (2) the operational impact of the furlough or
reduction-in-force.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $70,600,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically provided
for, of not to exceed 71 passenger motor vehicles of which 68 shall be
for replacement only, and for the hire of such vehicles: Provided,
That notwithstanding this section, the only purchase of new passenger
vehicles shall be for those determined by the Secretary to be necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of plant and capital equipment necessary for the delivery
of financial, administrative, and information technology services of
primary benefit to the agencies of the Department of Agriculture, such
transferred funds to remain available until expended: Provided, That
none of the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without written notification to and the
prior approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds appropriated by
this Act or made available to the Department's Working Capital Fund
shall be available for obligation or expenditure to make any changes to
the Department's National Finance Center without written notification
to and prior approval of the Committees on Appropriations of both
Houses of Congress as required by section 717 of this Act: Provided
further, That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be available
for obligation or expenditure to initiate, plan, develop, implement, or
make any changes to remove or relocate any systems, missions, or
functions of the offices of the Chief Financial Officer or any
personnel from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropriations
of both Houses of Congress and in accordance with the requirements of
section 717 of this Act: Provided further, That the Secretary of
Agriculture and the offices of the Chief Financial Officer shall
actively market to existing and new Departments and other government
agencies National Finance Center shared services including, but not
limited to, payroll, financial management, and human capital shared
services and allow the National Finance Center to perform technology
upgrades: Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture attributable to
the amounts in excess of the true costs of the shared services provided
by the National Finance Center and budgeted for the National Finance
Center, the Secretary shall reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including equipment
for the improvement, delivery, and implementation of financial,
administrative, and information technology services, and other systems
of the National Finance Center or to pay any unforeseen, extraordinary
cost of the National Finance Center: Provided further, That none of
the amounts reserved shall be available for obligation unless the
Secretary submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress: Provided
further, That the limitations on the obligation of funds pending
notification to Congressional Committees shall not apply to any
obligation that, as determined by the Secretary, is necessary to
respond to a declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate employees of
the National Finance Center to a safe haven to continue operations of
the National Finance Center: Provided further, That the Secretary of
Agriculture shall conduct and submit a detailed cost benefit analysis
to the Committees on Appropriations that includes a complete analysis
of the National Finance Center data center and two other operationally
comparable data centers in both size and complexity in supported
applications that details and provides: (1) the cost effectiveness of
each center; (2) a security analysis of each center; and (3) each
center's Federal Risk and Authorization Management Program (FedRAMP)
certifications status and the center's demonstrated history record and
ability for maintaining Continuity of Operations Plan (COOP) functions
and not miss critical operations: Provided further, That the cost-
benefit analysis shall be submitted no later than 90 days after
enactment of this Act to the Committees on Appropriations: Provided
further, That not later than 90 days after submission of the cost-
benefit analysis, the Comptroller General of the United States shall
submit to the Committees on Appropriations a sufficiency review of the
cost-benefit analysis, including any findings and recommendations
relating to such review.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That, notwithstanding section 11319 of
title 40, United States Code, none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects, contracts, or other agreements over $25,000 prior to
receipt of written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an agency to
obligate funds without written approval from the Chief Information
Officer for projects, contracts, or other agreements up to $250,000
based upon the performance of an agency measured against the
performance plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or
guaranteed loan under the Rural Electrification Act of 1936, or any
not-for-profit utility that is eligible to receive an insured or direct
loan under such Act, shall be eligible for assistance under section
313(b)(2)(B) of such Act in the same manner as a borrower under such
Act.
Sec. 709. Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2019, for
information technology expenses: Provided, That except as otherwise
specifically provided by law, unobligated balances from appropriations
made available for salaries and expenses in this Act for the Rural
Development mission area shall remain available through September 30,
2019, for information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by
the Agricultural Act of 2014 (Public Law 113-79), other than by title I
or subtitle A of title III of such Act, or programs for which
indefinite amounts were provided in that Act, that is authorized or
required to be carried out using funds of the Commodity Credit
Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associated
with the implementation of the program, without regard to the
limitation on the total amount of allotments and fund transfers
contained in section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and fund
transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,000,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. None of the funds in this Act shall be available to pay
indirect costs charged against any agricultural research, education, or
extension grant awards issued by the National Institute of Food and
Agriculture that exceed 30 percent of total Federal funds provided
under each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the National Institute of Food and Agriculture shall
be available to pay full allowable indirect costs for each grant
awarded under section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 714. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 715. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as
``section 14222''), none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to
as ``section 32'') in excess of $1,266,582,000 (exclusive of carryover
appropriations from prior fiscal years), as follows: Child Nutrition
Programs Entitlement Commodities--$465,000,000; State Option
Contracts-- $5,000,000; Removal of Defective Commodities-- $2,500,000;
Administration of Section 32 Commodity Purchases--$35,853,000:
Provided, That of the total funds made available in the matter
preceding this proviso that remain unobligated on October 1, 2018, such
unobligated balances shall carryover into the next fiscal year and
shall remain available until expended for any of the three stated
purposes of section 32, except that any such carryover funds used in
accordance with clause (3) of section 32 may not exceed $350,000,000
and may not be obligated until the Secretary of Agriculture provides
written notification of the expenditures to the Committees on
Appropriations of both Houses of Congress at least two weeks in
advance: Provided further, That, with the exception of any available
carryover funds authorized in the first proviso of this section to be
used for the purposes of clause (3) of section 32, none of the funds
appropriated or otherwise made available by this or any other Act shall
be used to pay the salaries or expenses of any employee of the
Department of Agriculture to carry out clause (3) of section 32.
Sec. 716. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2019 appropriations Act.
Sec. 717. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106
(7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives approval
from the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming of such funds or the use
of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Secretary of Agriculture, the Chairman of the Commodity Futures
Trading Commission, or the Secretary of Health and Human Services
(as the case may be) notifies in writing and receives approval from
the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming or transfer of such
funds or the use of such authority.
(c) The Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services shall notify in writing and receive approval from the
Committees on Appropriations of both Houses of Congress before
implementing any program or activity not carried out during the
previous fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves increasing
or decreasing funds in the current fiscal year for the individual
investment in excess of $500,000 or 10 percent of the total cost,
whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a center,
office, branch, or similar entity with five or more personnel; or
(3) carrying out activities or functions that were not
described in the budget request; unless the agencies funded by this
Act notify, in writing, the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of using the funds
for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of Health and
Human Services receives from the Committee on Appropriations of both
Houses of Congress written or electronic mail confirmation of receipt
of the notification as required in this section.
Sec. 718. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available reports, questions, or responses to questions that are a
result of information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of Health and
Human Services, non-Commodity Futures Trading Commission, or non-Farm
Credit Administration employee.
Sec. 720. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 721. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
60 days in a fiscal year unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of assignment.
Sec. 722. (a) There is hereby established in the Treasury of the
United States a Working Capital Fund (the Fund) to be administered by
the Food and Drug Administration (FDA), without fiscal year limitation,
for the payment of salaries, travel, and other expenses necessary to
the maintenance and operation of (1) a supply service for the purchase,
storage, handling, issuance, packing, or shipping of stationery,
supplies, materials, equipment, and blank forms, for which stocks may
be maintained to meet, in whole or in part, the needs of the FDA and
requisitions of other Government Offices, and (2) such other services
as the Commissioner of the FDA, subject to review by the Secretary of
Health and Human Services, determines may be performed more
advantageously as central services. The Fund shall be reimbursed from
applicable discretionary resources, notwithstanding any otherwise
applicable purpose limitations, available when services are performed
or stock furnished, or in advance, on a basis of rates which shall
include estimated or actual charges for personal services, materials,
equipment, information technology, and other expenses. Charges for
equipment and information technology shall include costs associated
with maintenance, repair, and depreciation (including improvement and
replacement).
(b) Of any discretionary resources appropriated in this Act for
fiscal year 2018 for ``Department of Health and Human Services, Food
and Drug Administration, Salaries and Expenses'', not to exceed
$5,000,000 of amounts available as of September 30 may be transferred
to and merged with the Fund established under subsection (a),
notwithstanding any otherwise applicable purpose limitations.
(c) No amounts may be transferred pursuant to this section that are
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 723. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration, the Chairman of the Commodity Futures Trading
Commission, and the Chairman of the Farm Credit Administration shall
submit to the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for all the
funds made available under this Act including appropriated user fees,
as defined in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Sec. 724. Of the unobligated balances from amounts made available
for the supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786), $800,000,000 are
hereby rescinded.
Sec. 725. The Secretary shall continue an intermediary loan
packaging program based on the pilot program in effect for fiscal year
2013 for packaging and reviewing section 502 single family direct
loans. The Secretary shall continue agreements with current
intermediary organizations and with additional qualified intermediary
organizations. The Secretary shall work with these organizations to
increase effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make available
from the national reserve section 502 loans an amount necessary to
support the work of such intermediaries and provide a priority for
review of such loans.
Sec. 726. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 727. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall
be available for obligation only for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary benefit
to the agencies of the Department of Agriculture.
Sec. 728. None of the funds made available by this Act may be used
to implement, administer, or enforce the ``variety'' requirements of
the final rule entitled ``Enhancing Retailer Standards in the
Supplemental Nutrition Assistance Program (SNAP)'' published by the
Department of Agriculture in the Federal Register on December 15, 2016
(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the
definition of the term ``variety'' as de fined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in
each staple food category exceeds the number of such items in each
staple food category included in the final rule as published on
December 15, 2016: Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to Supplemental
Nutrition Assistance Program retailers that were in effect on the day
before the date of the enactment of the Agricultural Act of 2014
(Public Law 113-79).
Sec. 729. None of the funds made available by this Act or any
other Act may be used--
(1) in contravention of section 7606 of the Agricultural Act of
2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing, sale, or use of
industrial hemp, or seeds of such plant, that is grown or
cultivated in accordance with subsection section 7606 of the
Agricultural Act of 2014, within or outside the State in which the
industrial hemp is grown or cultivated.
Sec. 730. Funds provided by this or any prior Appropriations Act
for the Agriculture and Food Research Initiative under 7 U.S.C. 450i(b)
shall be made available without regard to section 7128 of the
Agricultural Act of 2014 (7 U.S.C. 3371 note), under the matching
requirements in laws in effect on the date before the date of enactment
of such section: Provided, That the requirements of 7 U.S.C.
450i(b)(9) shall continue to apply.
Sec. 731. For tree assistance payments under section 1501(e) of
the Agricultural Act of 2014 (7 U.S.C. 9081(e)) to eligible orchardists
or nursery tree growers (as defined in such section) of pecan trees
with a tree mortality rate that exceeds 7.5 percent (adjusted for
normal mortality) and is less than 15 percent (adjusted for normal
mortality), $15,000,000, to be available until expended, for losses
incurred during the period beginning January 1, 2017 and ending
December 31, 2017.
Sec. 732. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed under
such section and eligible lenders for such loans as the Secretary has
under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 733. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 734. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission
for an exemption for investigational use of a drug or biological
product under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo
is intentionally created or modified to include a heritable genetic
modification. Any such submission shall be deemed to have not been
received by the Secretary, and the exemption may not go into effect.
Sec. 735. None of the funds made available by this or any other
Act may be used to carry out the final rule promulgated by the Food and
Drug Administration and put into effect November 16, 2015, in regards
to the hazard analysis and risk-based preventive control requirements
of the current good manufacturing practice, hazard analysis, and risk-
based preventive controls for food for animals rule with respect to the
regulation of the production, distribution, sale, or receipt of dried
spent grain byproducts of the alcoholic beverage production process.
Sec. 736. Funds made available under title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator, are in place to ensure that emergency
food aid is received by the intended beneficiaries in areas affected by
food shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 737. There is hereby appropriated $1,996,000 to carry out
section 1621 of Public Law 110-246.
Sec. 738. No partially hydrogenated oils as defined in the order
published by the Food and Drug Administration in the Federal Register
on June 17, 2015 (80 Fed. Reg. 34650 et seq.) shall be deemed unsafe
within the meaning of section 409(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 348(a)) and no food that is introduced or
delivered for introduction into interstate commerce that bears or
contains a partially hydrogenated oil shall be deemed adulterated under
sections 402(a)(1) or 402(a)(2)(C)(i) of this Act by virtue of bearing
or containing a partially hydrogenated oil until the compliance date as
specified in such order (June 18, 2018).
Sec. 739. For the cost of refinancing a loan pursuant to section
749 of division A of Public Law 115-31, and in addition to amounts
provided by that section, for any borrower identified by the Federal
Financing Bank for refinancing a loan where the modification
calculation methodology used for such refinancing pursuant to section
185 of Office of Management and Budget Circular No. A-11 results in a
cost to the pilot program, $5,000,000, to remain available until
expended: Provided, That these funds shall also be available for
refinancing a loan pursuant to any extension or expansion of this pilot
program that is enacted subsequent to this Act for those same
borrowers.
Sec. 740. None of the funds made available by this Act may be used
by the Secretary of Agriculture, acting through the Food and Nutrition
Service, to commence any new research and evaluation projects until the
Secretary submits to the Committees on Appropriations of both Houses of
Congress a research and evaluation plan for fiscal year 2018, prepared
in coordination with the Research, Education, and Economics mission
area of the Department of Agriculture, and a period of 30 days
beginning on the date of the submission of the plan expires to permit
Congressional review of the plan.
Sec. 741. There is hereby appropriated $8,000,000, to remain
available until expended, to carry out section 6407 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided,
That the Secretary may allow eligible entities to offer loans to
customers in any part of their service territory and to offer loans to
replace a manufactured housing unit with another manufactured housing
unit, if replacement would be more cost effective in saving energy:
Provided further, That funds provided in section 769 of division A,
Public Law 115-31, shall remain available until September 30, 2019.
Sec. 742. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of any
audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 743. There is hereby appropriated $1,000,000 for the
Secretary to carry out a pilot program that provides forestry inventory
analysis, forest management and economic outcomes modelling for certain
currently enrolled Conservation Reserve Program participants. The
Secretary shall allow the Commodity Credit Corporation to enter into
agreements with and provide grants to qualified non-profit
organizations dedicated to conservation, forestry and wildlife
habitats, that also have experience in conducting accurate forest
inventory analysis through the use of advanced, cost-effective
technology. The Secretary shall focus the analysis on lands enrolled
for at least eight years and located in areas with a substantial
concentration of acres enrolled under conservation practices devoted to
multiple bottomland hardwood tree species including CP03, CP03A, CP11,
CP22, CP31 and CP40.
Sec. 744. None of the funds made available by this Act may be used
to carry out any activities or incur any expense related to the
issuance of licenses under section 3 of the Animal Welfare Act (7
U.S.C. 2133), or the renewal of such licenses, to class B dealers who
sell dogs and cats for use in research, experiments, teaching, or
testing.
Sec. 745. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water
Bank Act (16 U.S.C. 1301-1311).
Sec. 746. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926 et seq.) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water or wastewater
system unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than
25 percent.
(c) If the Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall make
available to the public on an informal basis a copy of the request and
information available to the Secretary or the designee concerning the
request, and shall allow for informal public input on the request for
at least 15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and accompanying
information available by electronic means, including on the official
public Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ``United States'' and
``State'' shall include each of the several States, the District of
Columbia, and each federally recognized Indian tribe.
Sec. 747. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2018, an amount of funds
made available in title III under the headings of Rural Housing
Insurance Fund Program Account, Mutual and Self-Help Housing Grants,
Rural Housing Assistance Grants, Rural Community Facilities Program
Account, Rural Business Program Account, Rural Development Loan Fund
Program Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to funds
provided under such headings in the most recent fiscal year any such
funds were obligated under such headings for REAP Zones.
Sec. 748. For the purposes of determining eligibility or level of
program assistance for Rural Development programs the Secretary shall
not include incarcerated prison populations.
Sec. 749. There is hereby appropriated $1,000,000, to remain
available until expended, for a pilot program for the Secretary to
provide grants to qualified non-profit organizations and public housing
authorities to provide technical assistance, including financial and
legal services, to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas where the
Secretary determines a risk of loss of affordable housing, by non-
profit housing organizations and public housing authorities as
authorized by law that commit to keep such properties in the RHS multi-
family housing program for a period of time as determined by the
Secretary.
Sec. 750. Beginning on the date of enactment of this Act through
fiscal year 2019, notwithstanding any other provision of law, any fee
issued by the State's Electronic Benefit Transfer contractor and
subcontractors, including Affiliates of the contractor or
subcontractor, related to the switching or routing of benefits for
Department of Agriculture domestic food assistance programs shall be
prohibited: Provided, That for purposes of this provision, the term
``switching'' means the routing of an intrastate or interstate
transaction that consists of transmitting the details of a transaction
electronically recorded through the use of an electronic benefit
transfer card in one State to the issuer of the card that may be in the
same or different State.
Sec. 751. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 752. (a) The Secretary of Agriculture (referred to in this
section as the ``Secretary'') shall carry out a pilot program during
fiscal year 2018 with respect to the 2017 crop year for county-level
agriculture risk coverage payments under section 1117(b)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), that provides all or
some of the State Farm Service Agency offices in each State the
opportunity to provide agricultural producers in the State a
supplemental payment described in subsection (c) based on the alternate
calculation method described in subsection (b) for 1 or more counties
in a State if the office for that State determines that the alternate
calculation method is necessary to ensure that, to the maximum extent
practicable, there are not significant yield calculation disparities
between comparable counties in the State.
(b) The alternate calculation method referred to in subsection (a)
is a method of calculating the actual yield for the 2017 crop year for
county-level agriculture risk coverage payments under section
1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), under
which--
(1) county data of the National Agricultural Statistics Service
(referred to in this section as ``NASS data'') is used for the
calculations;
(2) if there is insufficient NASS data for a county (as
determined under standards of the Secretary in effect as of the
date of enactment of this Act) or the available NASS data produces
a substantially disparate result, the calculation of the county
yield is determined using comparable contiguous county NASS data as
determined by the Farm Service Agency office in the applicable
State; and
(3) if there is insufficient NASS data for a comparable
contiguous county (as determined under standards of the Secretary
in effect as of the date of enactment of this Act), the calculation
of the county yield is determined using reliable yield data from
other sources, such as Risk Management Agency data, National
Agricultural Statistics Service district data, National
Agricultural Statistics Service State yield data, or other data as
determined by the Farm Service Agency office in the applicable
State.
(c)(1) A supplemental payment made under the pilot program
established under this section may be made to an agricultural producer
who is subject to the alternate calculation method described in
subsection (b) if that agricultural producer would otherwise receive a
county-level agriculture risk coverage payment for the 2017 crop year
in an amount that is less than the payment that the agricultural
producer would receive under the alternate calculation method.
(2) The amount of a supplemental payment to an agricultural
producer under this section may not exceed the difference between--
(A) the payment that the agricultural producer would have
received without the alternate calculation method described in
subsection (b); and
(B) the payment that the agricultural producer would receive
using the alternate calculation method.
(d)(1) There is appropriated to the Secretary, out of funds of the
Treasury not otherwise appropriated, $5,000,000, to remain available
until September 30, 2019, to carry out the pilot program described in
this section.
(2) Of the funds appropriated, the Secretary shall use not more
than $5,000,000 to carry out the pilot program described in this
section.
(e)(1) To the maximum extent practicable, the Secretary shall
select States to participate in the pilot program under this section so
the cost of the pilot program equals the amount provided under
subsection (d).
(2) To the extent that the cost of the pilot program exceeds the
amount made available, the Secretary shall reduce all payments under
the pilot program on a pro rata basis.
(f) Nothing in this section affects the calculation of actual yield
for purposes of county-level agriculture risk coverage payments under
section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9017(b)(1)) other than payments made in accordance with the pilot
program under this section.
(g) A calculation of actual yield made using the alternate
calculation method described in subsection (b) shall not be used as a
basis for any agriculture risk coverage payment determinations under
section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) other than
for purposes of the pilot program under this section.
Sec. 753. For an additional amount for ``National Institute of
Food and Agriculture--Research and Education Activities'', $6,000,000,
to be available until expended, for relocation expenses and for the
alteration and repair of leased buildings and improvements pursuant to
7 U.S.C. 2250: Provided, That not later than 60 days after enactment
of this Act, the Secretary of Agriculture shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the planned uses of this funding.
Sec. 754. The Secretary of Agriculture and the Secretary's
designees are hereby granted the same access to information and subject
to the same requirements applicable to the Secretary of Housing and
Urban Development as provided in section 453 of the Social Security Act
(42 U.S.C. 653) and section 6103(1)(7)(D)(ix) of the Internal Revenue
Code of 1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to verify the income for
individuals participating in sections 502, 504, 521, and 524 of the
Housing Act of 1949 (42 U.S.C. 1972, 1474, 1490a, and 1490r),
notwithstanding section 453(l)(1) of the Social Security Act.
Sec. 755. In addition to amounts otherwise made available by this
Act under the heading ``Domestic Food Programs--Food and Nutrition
Services--Child Nutrition Programs'', there is appropriated $2,000,000,
to remain available until September 30, 2019, to allow allied
professional associations to develop a training program for school
nutrition personnel that focuses on school food service meal
preparation and workforce development.
Sec. 756. None of the funds made available by this Act may be used
to procure raw or processed poultry products imported into the United
States from the People's Republic of China for use in the school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), the Child and Adult Care Food Program under
section 17 of such Act (42 U.S.C. 1766), the Summer Food Service
Program for Children under section 13 of such Act (42 U.S.C. 1761), or
the school breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 757. In response to an eligible community where the drinking
water supplies are inadequate due to a natural disaster, as determined
by the Secretary, including drought or severe weather, the Secretary
may provide potable water through the Emergency Community Water
Assistance Grant Program for an additional period of time not to exceed
120 days beyond the established period provided under the Program in
order to protect public health.
Sec. 758. Section 502(i) of the Housing Act of 1949 (42 U.S.C.
1472(i)), is amended by striking paragraph (1) and inserting the
following:
``(1) Authority; maximum amount.--To the extent provided in
advance in appropriations Acts, the Secretary may assess and
collect a fee for a lender to access the automated underwriting
systems of the Department in connection with such lender's
participation in the single family loan program under this section
and only in an amount necessary to cover the costs of information
technology enhancements, improvements, maintenance, and development
for automated underwriting systems used in connection with the
single family loan program under this section, except that such fee
shall not exceed $50 per loan.''.
Sec. 759. Of the total amounts made available by this Act for
direct loans and grants in the following headings: ``Rural Housing
Service--Rural Housing Insurance Fund Program Account''; ``Rural
Housing Service--Mutual and Self-Help Housing Grants''; ``Rural
Economic Infrastructure Grants''; ``Rural Housing Service--Rural
Community Facilities Program Account''; ``Rural Business-Cooperative
Service--Rural Business Program Account''; ``Rural Business-Cooperative
Service--Rural Economic Development Loans Program Account''; ``Rural
Business-Cooperative Service--Rural Cooperative Development Grants'';
``Rural Utilities Service--Rural Water and Waste Disposal Program
Account''; and ``Rural Utilities Service--Rural Electrification and
Telecommunications Loans Program Account'', at least 10 percent of the
funds shall be allocated for assistance in persistent poverty counties
under this section, including, notwithstanding any other provision
regarding population limits, any county seat of such a persistent
poverty county that has a population that does not exceed the
authorized population limit by more than 10 percent: Provided, That
for purposes of this section, the term ``persistent poverty counties''
means any county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the 1980,
1990, and 2000 decennial censuses, and 2007-2011 American Community
Survey 5-year average: Provided further, That with respect to specific
activities for which program levels have been made available by this
Act that are not supported by budget authority, the requirements of
this section shall be applied to such program level.
Sec. 760. (a) No funds shall be used to finalize the proposed rule
entitled ``Eligibility of the People's Republic of China (PRC) to
Export to the United States Poultry Products from Birds Slaughtered in
the PRC'' published in the Federal Register by the Department of
Agriculture on June 16, 2017 (82 Fed. Reg. 27625), unless the Secretary
of Agriculture shall--
(1) ensure that the poultry slaughter inspection system for the
PRC is equivalent to that of the United States;
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry products
comply with all other applicable requirements for poultry products
in interstate commerce in the United States;
(3) conduct periodic verification reviews and audits of any
such plants in the PRC intending to export into the United States
processed poultry products;
(4) conduct re-inspection of such poultry products at United
States ports-of-entry to check the general condition of such
products, for the proper certification and labeling of such
products, and for any damage to such products that may have
occurred during transportation; and
(5) ensure that shipments of any such poultry products selected
to enter the United States are subject to additional re-inspection
procedures at appropriate levels to verify that the products comply
with relevant Federal regulations or standards, including
examinations for product defects and laboratory analyses to detect
harmful chemical residues or pathogen testing appropriate for the
products involved.
(b) This section shall be applied in a manner consistent with
obligations of the United States under any trade agreement to which the
United States is a party.
Sec. 761. (a) Section 2 of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1002) is amended in the matter following
paragraph (3) by striking ``$5,000,000'' and inserting ``$25,000,000''.
(b) Section 5 of the Watershed Protection and Flood Prevention Act
(16 U.S.C. 1005) is amended--
(1) in paragraph (3), by striking ``$5,000,000'' and inserting
``$25,000,000''; and
(2) in paragraph (4), by striking ``$5,000,000'' and inserting
``$25,000,000''.
Sec. 762. In addition to funds appropriated in this Act, there is
hereby appropriated $116,000,000, to remain available until expended,
under the heading ``Food for Peace Title II Grants'': Provided, That
the funds made available under this section shall be used for the
purposes set forth in the Food for Peace Act for both emergency and
non-emergency purposes.
Sec. 763. In addition to any other funds made available in this
Act or any other Act, there is appropriated $5,000,000 to carry out
section 18(g)(8) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769(g)), to remain available until expended.
Sec. 764. None of the funds made available by this Act may be used
by the Food and Drug Administration to develop, issue, promote, or
advance any regulations applicable to food manufacturers for
population-wide sodium reduction actions or to develop, issue, promote
or advance final guidance applicable to food manufacturers for long
term population-wide sodium reduction actions until the date on which a
dietary reference intake report with respect to sodium is completed.
Sec. 765. Pursuant to section 185 of Public Law 114-223 (as added
by Public Law 114-254 (130 Stat. 1018)), the Secretary of Agriculture
may provide financial and technical assistance to remove and dispose of
debris and sediment that could adversely affect health and safety on
non-Federal land in a flood-affected county or parish: Provided, That
such assistance may be used to restore pre-disaster hydraulic capacity
of the watershed: Provided further, That such assistance may not be
used to correct an operation and maintenance issue that existed prior
to the disaster.
Sec. 766. Section 1244 of the Food Security Act of 1985 (16 U.S.C.
3844) is amended by adding at the end the following:
``(m) Exemption From Certain Reporting Requirements.--
``(1) Definition of exempted producer.--In this subsection, the
term `exempted producer' means a producer or landowner eligible to
participate in any conservation program administered by the
Secretary.
``(2) Exemption.--Notwithstanding the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-282; 31
U.S.C. 6101 note), the requirements of parts 25 and 170 of title 2,
Code of Federal Regulations (and any successor regulations), shall
not apply with respect to assistance received by an exempted
producer from the Secretary, acting through the Natural Resources
Conservation Service.''.
Sec. 767. There is hereby appropriated $600,000 for the purposes
of section 727 of division A of Public Law 112-55.
Sec. 768. None of the funds made available by this Act may be used
in contravention of--
(1) section 9(b)(10) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(b)(10)); or
(2) section 245.8 of title 7, Code of Federal Regulations.
Sec. 769. There is hereby appropriated $1,000,000, to remain
available until September 30, 2019, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of 2014,
for necessary expenses of the Secretary to support projects that
provide access to healthy food in underserved areas, to create and
preserve quality jobs, and to revitalize low-income communities.
Sec. 770. During fiscal year 2018, the Food and Drug
Administration shall not allow the introduction or delivery for
introduction into interstate commerce of any food that contains
genetically engineered salmon until the FDA publishes final labeling
guidelines for informing consumers of such content.
Sec. 771. For an additional amount for ``Animal and Plant Health
Inspection Service--Salaries and Expenses'', $7,500,000, to remain
available until September 30, 2019, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 772. (a) The Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6931) is amended--
(1) by striking ``Subtitle B--Farm and Foreign Agricultural
Services'' and inserting ``Subtitle B--Farm Production and
Conservation''; and
(2) by revising section 225 to read as follows:
``SEC. 225. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUCTION AND
CONSERVATION.
``(a) Authorization.--The Secretary is authorized to establish in
the Department the position of Under Secretary of Agriculture for Farm
Production and Conservation.
``(b) Confirmation Required.--If the Secretary establishes the
position of Under Secretary of Agriculture for Farm Production and
Conservation authorized under subsection (a), the Under Secretary shall
be appointed by the President, by and with the advice and consent of
the Senate.
``(c) Functions of Undersecretary.--The Under Secretary of
Agriculture for Farm Production and Conservation shall perform such
functions and duties as the Secretary shall prescribe.
``(d) Succession.--Any official who is serving as Under Secretary
of Agriculture for Farm and Foreign Agricultural Services on the date
of the enactment of this Act and who was appointed by the President, by
and with the advice and consent of the Senate, shall not be required to
be reappointed under subsection (b) to the successor position
authorized under subsection (a).''.
(b) Section 5314 of title 5, United States Code, is amended by
striking ``Under Secretary of Agriculture for Farm and Foreign
Agricultural Services.'' and inserting ``Under Secretary of Agriculture
for Farm Production and Conservation.'' and ``Under Secretary of
Agriculture for Trade and Foreign Agricultural Affairs.''.
Sec. 773. None of the funds made available by this or any other
Act may be used to enforce the final rule promulgated by the Food and
Drug Administration entitled ``Standards for the Growing, Harvesting,
Packing, and Holding of Produce for Human Consumption,'' and published
on November 27, 2015, with respect to the regulation of the production,
distribution, sale, or receipt of grape varietals that are grown,
harvested and used solely for wine and receive commercial processing
that adequately reduces the presence of microorganisms of public health
significance.
Sec. 774. None of the funds made available by this Act may be used
to revoke an exception made--
(1) pursuant to the rule entitled ``Exceptions to Geographic
Areas for Official Agencies Under the USGSA'' published by the
Department of Agriculture in the Federal Register on April 18, 2003
(68 Fed. Reg. 19137, 19139); and
(2) on a date before April 14, 2017.
Sec. 775. There is hereby appropriated $20,000,000, to remain
available until expended, for an additional amount for telemedicine and
distance learning services in rural areas, as authorized by 7 U.S.C
950aaa et seq., to help address the opioid epidemic in rural America.
Sec. 776. For school year 2018-2019, only a school food authority
that had a negative balance in the nonprofit school food service
account as of January 31, 2018, shall be required to establish a price
for paid lunches in accordance with Section 12(p) of the Richard B.
Russell National School Lunch Act, 42 U.S.C. 1760(p).
Sec. 777. There is hereby appropriated $5,000,000, to remain
available until September 30, 2019, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
Sec. 778. For an additional amount for ``Department of Health and
Human Services--Food and Drug Administration--Salaries and Expenses'',
$94,000,000, to remain available until expended, in addition to amounts
otherwise made available for necessary expenses of processing opioid
and other articles imported or offered for import through international
mail facilities of the U.S. Postal Service: Provided, That such
additional amounts shall also be available for expanding and enhancing
inspection capacity related to such processing activity (including but
not limited to increasing staffing, obtaining necessary equipment and
supplies, and expanding and upgrading infrastructure, laboratory
facilities, and data libraries): Provided further, That amounts
appropriated under this section shall be in addition to amounts
otherwise made available for research and criminal investigations
related to such import articles, and be available for enhancing such
research and investigations: Provided further, That the Secretary of
Health and Human Services shall provide quarterly reports to the
Committees on Appropriations of the House and Senate on the obligation
of amounts appropriated under this section.
Sec. 779. For an additional amount for ``Rural Utilities Service--
Distance Learning, Telemedicine, and Broadband Program'', $600,000,000,
to remain available until expended, for the Secretary of Agriculture to
conduct a new broadband loan and grant pilot program under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.): Provided, That for
the purpose of the new pilot program, the authorities provided in such
Act shall include the authority to make grants for such purposes, as
described in section 601(a) of such Act: Provided further, That the
cost of direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That at least 90
percent of the households to be served by a project receiving a loan or
grant under the pilot program shall be in a rural area without
sufficient access to broadband, defined for this pilot program as 10
Mbps downstream, and 1 Mbps upstream, which shall be reevaluated and
redetermined, as necessary, on an annual basis by the Secretary of
Agriculture: Provided further, That an entity to which a loan or grant
is made under the pilot program shall not use the loan or grant to
overbuild or duplicate broadband expansion efforts made by any entity
that has received a broadband loan from the Rural Utilities Service:
Provided further, That in addition to other available funds, not more
than four percent of the funds can be used for administrative costs to
carry out this pilot program and up to three percent may be utilized
for technical assistance and pre-development planning activities to
support the most rural communities, which shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries and
Expenses'': Provided further, That the Rural Utility Service is
directed to expedite program delivery methods that would implement this
section: Provided further, That for purposes of this section, the
Secretary shall adhere to the notice, reporting and service area
assessment requirements set forth in sections 6104(a)(2)(D) and
6104(a)(2)(E) of the Agricultural Act of 2014 (7 U.S.C. 950bb(d)(5),
and 950bb(d)(8) and 950bb(d)(10)).
Sec. 780. For an additional amount for the cost of direct loans
and grants made under the ``Rural Water and Waste Disposal Program
Account'', $500,000,000, to remain available until expended, of which
not to exceed $495,000,000 shall be for grants.
Sec. 781. The Secretary of Agriculture and the Commissioner of
Food and Drugs shall--
(1) post on a public Website in a searchable format information
on competitive grant awards made using funds made available under
an appropriations Act (other than funds appropriated to the
Commodity Credit Corporation, the Forest Service, or funds provided
under the heading ``Food for Peace Title II Grants'') that
includes, with respect to each such award, the Congressional
District corresponding to the State, District, Tribal jurisdiction,
or territory of the United States in which the recipient of the
funds is geographically located; and
(2) not provide advance notification of such grant awards to
any person outside of the Department of Agriculture or the Food and
Drug Administration except potential awardees, until such
information is posted, as described in paragraph (1).
Sec. 782. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note;
Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code of
Federal Regulations (or a successor regulation).
Sec. 783. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the Biomass Crop Assistance
Program authorized by section 9011 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8111).
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2018''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to sections 3702 and 3703 of title 44,
United States Code; full medical coverage for dependent members of
immediate families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of employees of
the International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28, United States Code, when such
claims arise in foreign countries; not to exceed $294,300 for official
representation expenses abroad; purchase of passenger motor vehicles
for official use abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie lines,
$495,000,000, to remain available until September 30, 2019, of which
$13,000,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding section 3302 of
title 31, United States Code: Provided, That, of amounts provided
under this heading, not less than $16,400,000 shall be for China
antidumping and countervailing duty enforcement and compliance
activities: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities; and that for the
purpose of this Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to any price
limitation otherwise established by law, $113,500,000, to remain
available until expended: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by section 27 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722),
$262,500,000, to remain available until expended, of which $21,000,000
shall be for grants under such section 27.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $39,000,000: Provided,
That these funds may be used to monitor projects approved pursuant to
title I of the Public Works Employment Act of 1976, title II of the
Trade Act of 1974, section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722), and the Community Emergency
Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $39,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$99,000,000, to remain available until September 30, 2019.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics, provided for by law, $270,000,000:
Provided, That, from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities: Provided further, That
the Bureau of the Census shall collect and analyze data for the Annual
Social and Economic Supplement to the Current Population Survey using
the same health insurance questions included in previous years, in
addition to the revised questions implemented in the Current Population
Survey beginning in February 2014.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics for periodic censuses and programs
provided for by law, $2,544,000,000, to remain available until
September 30, 2020: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities:
Provided further, That within the amounts appropriated, $2,580,000
shall be transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the Bureau of the Census: Provided further, That not more
than 50 percent of the amounts made available under this heading for
information technology related to 2020 census delivery, including the
Census Enterprise Data Collection and Processing (CEDCaP) program, may
be obligated until the Secretary updates the previous expenditure plan
and resubmits to the Committees on Appropriations of the House of
Representatives and the Senate a plan for expenditure that: (1)
identifies for each CEDCaP project/investment over $25,000: (A) the
functional and performance capabilities to be delivered and the mission
benefits to be realized; (B) an updated estimated lifecycle cost,
including cumulative expenditures to date by fiscal year, and all
revised estimates for development, maintenance, and operations; (C) key
milestones to be met; and (D) impacts of cost variances on other Census
programs; (2) details for each project/investment: (A) reasons for any
cost and schedule variances; and (B) top risks and mitigation
strategies; and (3) has been submitted to the Government Accountability
Office.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $39,500,000,
to remain available until September 30, 2019: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended: Provided
further, That $7,500,000 shall be to update the national broadband
availability map in coordination with the Federal Communications
Commission and using partnerships previously developed with the States.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,500,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2018, so as to result in a fiscal year 2018
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2018, should the total amount of such
offsetting collections be less than $3,500,000,000 this amount shall be
reduced accordingly: Provided further, That any amount received in
excess of $3,500,000,000 in fiscal year 2018 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal year 2018
for official reception and representation expenses: Provided further,
That in fiscal year 2018 from the amounts made available for ``Salaries
and Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as
appropriate, and shall be available for the authorized purposes of
those accounts: Provided further, That any differences between the
present value factors published in OPM's yearly 300 series benefit
letters and the factors that OPM provides for USPTO's specific use
shall be recognized as an imputed cost on USPTO's financial statements,
where applicable: Provided further, That, notwithstanding any other
provision of law, all fees and surcharges assessed and collected by
USPTO are available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the Leahy-Smith
America Invents Act (Public Law 112-29): Provided further, That within
the amounts appropriated, $1,000,000 shall be transferred to the
``Office of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $724,500,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That not to exceed $20,000 shall be for
official reception and representation expenses: Provided further, That
NIST may provide local transportation for summer undergraduate research
fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$155,000,000, to remain available until expended, of which $140,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $15,000,000 shall be for the National Network for Manufacturing
Innovation (also known as ``Manufacturing USA'').
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards and
Technology Act (15 U.S.C. 278c-278e), $319,000,000, to remain available
until expended: Provided, That the Secretary of Commerce shall include
in the budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000, and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; pilot programs for state-
led fisheries management, notwithstanding any other provision of law;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities, $3,536,331,000, to remain available until
September 30, 2019, except that funds provided for cooperative
enforcement shall remain available until September 30, 2020: Provided,
That fees and donations received by the National Ocean Service for the
management of national marine sanctuaries may be retained and used for
the salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code: Provided
further, That in addition, $144,000,000 shall be derived by transfer
from the fund entitled ``Promote and Develop Fishery Products and
Research Pertaining to American Fisheries'', which shall only be used
for fishery activities related to the Saltonstall-Kennedy Grant
Program, Cooperative Research, Annual Stock Assessments, Survey and
Monitoring Projects, Interjurisdictional Fisheries Grants, and Fish
Information Networks: Provided further, That of the $3,697,831,000
provided for in direct obligations under this heading, $3,536,331,000
is appropriated from the general fund, $144,000,000 is provided by
transfer, and $17,500,000 is derived from recoveries of prior year
obligations: Provided further, That any deviation from the amounts
designated for specific activities in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any use of deobligated balances of funds provided
under this heading in previous years, shall be subject to the
procedures set forth in section 505 of this Act: Provided further,
That in addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents
under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such sums as
may be necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $2,290,684,000, to remain available
until September 30, 2020, except that funds provided for acquisition
and construction of vessels and construction of facilities shall remain
available until expended: Provided, That of the $2,303,684,000
provided for in direct obligations under this heading, $2,290,684,000
is appropriated from the general fund and $13,000,000 is provided from
recoveries of prior year obligations: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section 505 of this Act:
Provided further, That the Secretary of Commerce shall include in
budget justification materials that the Secretary submits to Congress
in support of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code) an estimate for each National Oceanic and Atmospheric
Administration procurement, acquisition or construction project having
a total of more than $5,000,000 and simultaneously the budget
justification shall include an estimate of the budgetary requirements
for each such project for each of the 5 subsequent fiscal years:
Provided further, That, within the amounts appropriated, $1,302,000
shall be transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September
30, 2019: Provided, That, of the funds provided herein, the Secretary
of Commerce may issue grants to the States of Washington, Oregon,
Idaho, Nevada, California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are identified by
a State as at-risk to be so listed, for maintaining populations
necessary for exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be allocated based
on scientific and other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or documented in-
kind contributions of at least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $349,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fishery disaster assistance
For the necessary expenses associated with the mitigation of
fishery disasters, $20,000,000 to remain available until expended:
Provided, That funds shall be used for mitigating the effects of
commercial fishery failures and fishery resource disasters as declared
by the Secretary of Commerce.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2018, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $63,000,000.
renovation and modernization
For necessary expenses for the renovation and modernization of the
Herbert C. Hoover Building, $45,130,000, to remain available until
expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $32,744,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2012 (Public Law 112-55), as amended by section 105 of title I of
division B of Public Law 113-6, are hereby adopted by reference and
made applicable with respect to fiscal year 2018: Provided, That the
life cycle cost for the Joint Polar Satellite System is $11,322,125,000
and the life cycle cost for the Geostationary Operational Environmental
Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms,
or organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to
the Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian tribal government,
Territory, or possession, or of any political subdivision thereof, or
of any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may
be accessed and downloaded for free online. Should a customer still
require the Service to provide a printed or digital copy of the report
or document, the charge shall be limited to recovering the Service's
cost of processing, reproducing, and delivering such report or
document.
Sec. 109. The Secretary of Commerce may waive the requirement for
bonds under 40 U.S.C. 3131 with respect to contracts for the
construction, alteration, or repair of vessels, regardless of the terms
of the contracts as to payment or title, when the contract is made
under the Coast and Geodetic Survey Act of 1947 (33 U.S.C. 883a et
seq.).
Sec. 110. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of
NOAA is authorized to: (1) enter into grants and cooperative agreements
with; (2) use on a non-reimbursable basis land, services, equipment,
personnel, and facilities provided by; and (3) receive and expend funds
made available on a consensual basis from: a Federal agency, State or
subdivision thereof, local government, tribal government, territory, or
possession or any subdivisions thereof: Provided, That funds received
for permitting and related regulatory activities pursuant to this
section shall be deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and Facilities'' and
shall remain available until September 30, 2020, for such purposes:
Provided further, That all funds within this section and their
corresponding uses are subject to section 505 of this Act.
Sec. 111. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the Bureau of the Census, shall
be available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2018''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $114,000,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$35,000,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $35,400,000 to this account, from
funds available to the Department of Justice for information
technology, to remain available until expended, for enterprise-wide
information technology initiatives: Provided further, That the
transfer authority in the preceding proviso is in addition to any other
transfer authority contained in this Act: Provided further, That any
transfer pursuant to the first proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
executive office for immigration review
(including transfer of funds)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration Review,
$504,500,000, of which $4,000,000 shall be derived by transfer from the
Executive Office for Immigration Review fees deposited in the
``Immigration Examinations Fee'' account: Provided, That not to exceed
$35,000,000 of the total amount made available under this heading shall
remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$97,250,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $13,308,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor
has been appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; the administration of pardon and clemency petitions;
and rent of private or Government-owned space in the District of
Columbia, $897,500,000, of which not to exceed $20,000,000 for
litigation support contracts shall remain available until expended:
Provided, That of the amount provided for INTERPOL Washington dues
payments, not to exceed $685,000 shall remain available until expended:
Provided further, That of the total amount appropriated, not to exceed
$9,000 shall be available to INTERPOL Washington for official reception
and representation expenses: Provided further, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ``Salaries and Expenses, General Legal Activities''
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That of the amount appropriated, such sums as may be
necessary shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program under
section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to
reimburse the Office of Personnel Management for such salaries and
expenses: Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall remain
available until expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $10,000,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $164,977,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection (and estimated to be $126,000,000 in fiscal year 2018),
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal
year 2018, so as to result in a final fiscal year 2018 appropriation
from the general fund estimated at $38,977,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,136,750,000: Provided, That of the total amount appropriated, not
to exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $225,908,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits to
the United States Trustee System Fund and amounts herein appropriated
shall be available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any other
provision of law, fees collected pursuant to section 589a(b) of title
28, United States Code, shall be retained and used for necessary
expenses in this appropriation and shall remain available until
expended: Provided further, That to the extent that fees collected in
fiscal year 2018, net of amounts necessary to pay refunds due
depositors, exceed $225,908,000, those excess amounts shall be
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such fees
are received during fiscal year 2018, net of amounts necessary to pay
refunds due depositors, (estimated at $231,000,000) and (2) to the
extent that any remaining general fund appropriations can be derived
from amounts deposited in the Fund in previous fiscal years that are
not otherwise appropriated, so as to result in a final fiscal year 2018
appropriation from the general fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,409,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which not
to exceed $16,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $15,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may not be
transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$15,500,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,311,492,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$15,000,000 shall remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related
support, $53,400,000, to remain available until expended.
federal prisoner detention
(including transfer of funds)
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,536,000,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18,
United States Code: Provided further, That the United States Marshals
Service shall be responsible for managing the Justice Prisoner and
Alien Transportation System: Provided further, That any unobligated
balances available from funds appropriated under the heading ``General
Administration, Detention Trustee'' shall be transferred to and merged
with the appropriation under this heading.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $101,031,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals involved in
transnational organized crime and drug trafficking, $542,850,000, of
which $50,000,000 shall remain available until expended: Provided,
That any amounts obligated from appropriations under this heading may
be used under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $9,030,202,000, of which not to exceed $216,900,000 shall
remain available until expended: Provided, That not to exceed $184,500
shall be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites by
purchase, or as otherwise authorized by law; conversion, modification
and extension of federally owned buildings; preliminary planning and
design of projects; and operation and maintenance of secure work
environment facilities and secure networking capabilities;
$370,000,000, to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs, $2,190,326,000, of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,293,776,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $20,000,000 shall remain available until expended: Provided,
That none of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives
to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $7,114,000,000: Provided, That the Attorney General may
transfer to the Department of Health and Human Services such amounts as
may be necessary for direct expenditures by that Department for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the Federal Prison System, furnish health
services to individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $5,400 shall be available
for official reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for necessary
operations until September 30, 2019: Provided further, That, of the
amounts provided for contract confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses:
Provided further, That the Director of the Federal Prison System may
accept donated property and services relating to the operation of the
prison card program from a not-for-profit entity which has operated
such program in the past, notwithstanding the fact that such not-for-
profit entity furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services, halfway
houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$161,571,000, to remain available until expended: Provided, That labor
of United States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11101 et seq.) (``the 1974 Act''); the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386) (``the 2000
Act''); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Violence Against Women Reauthorization Act of 2013 (Public Law 113-
4) (``the 2013 Act''); and the Rape Survivor Child Custody Act of 2015
(Public Law 114-22) (``the 2015 Act''); and for related victims
services, $492,000,000, to remain available until expended, which shall
be derived by transfer from amounts available for obligation in this
Act from the Fund established by section 1402 of chapter XIV of title
II of Public Law 98-473 (34 U.S.C. 20101), notwithstanding section
1402(d) of such Act of 1984, and merged with the amounts otherwise made
available under this heading: Provided, That except as otherwise
provided by law, not to exceed 5 percent of funds made available under
this heading may be used for expenses related to evaluation, training,
and technical assistance: Provided further, That of the amount
provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $35,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994 Act;
(3) $3,500,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ``Research, Evaluation
and Statistics'' for administration by the Office of Justice
Programs;
(4) $11,000,000 is for a grant program to provide services to
advocate for and respond to youth victims of domestic violence,
dating violence, sexual assault, and stalking; assistance to
children and youth exposed to such violence; programs to engage men
and youth in preventing such violence; and assistance to middle and
high school students through education and other services related
to such violence: Provided, That unobligated balances available
for the programs authorized by sections 41201, 41204, 41303, and
41305 of the 1994 Act, prior to its amendment by the 2013 Act,
shall be available for this program: Provided further, That 10
percent of the total amount available for this grant program shall
be available for grants under the program authorized by section
2015 of the 1968 Act: Provided further, That the definitions and
grant conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $53,000,000 is for grants to encourage arrest policies as
authorized by part U of the 1968 Act, of which $4,000,000 is for a
homicide reduction initiative;
(6) $35,000,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $40,000,000 is for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act;
(9) $45,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized by
section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of the
1994 Act, prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $6,000,000 is for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on Workplace
Responses to assist victims of domestic violence, as authorized by
section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of the
2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by the
Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist tribal governments in
exercising special domestic violence criminal jurisdiction, as
authorized by section 904 of the 2013 Act: Provided, That the
grant conditions in section 40002(b) of the 1994 Act shall apply to
this program; and
(17) $1,500,000 for the purposes authorized under the 2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's
Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT
Our Children Act of 2008 (Public Law 110-401); subtitle D of title II
of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); the Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4) (``the 2013 Act''); and other programs, $90,000,000, to
remain available until expended, of which--
(1) $48,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act, of which $5,000,000 is for a nationwide incident-based
crime statistics program; and
(2) $42,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title I
of the 1968 Act and subtitle D of title II of the 2002 Act, of
which $4,000,000 is for research targeted toward developing a
better understanding of the domestic radicalization phenomenon, and
advancing evidence-based strategies for effective intervention and
prevention.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam
Walsh Act''); the Victims of Trafficking and Violence Protection Act of
2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-
403); the Victims of Crime Act of 1984 (Public Law 98-473); the
Mentally Ill Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416); the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public
Law 114-198) (``CARA''); the Justice for All Reauthorization Act of
2016 (Public Law 114-324); and other programs, $1,677,500,000, to
remain available until expended as follows--
(1) $415,500,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g) of title I of
the 1968 Act shall not apply for purposes of this Act), of which,
notwithstanding such subpart 1, $10,000,000 is for the Officer
Robert Wilson III Memorial Initiative on Preventing Violence
Against Law Enforcement Officer Resilience and Survivability
(VALOR), $5,000,000 is for an initiative to support evidence-based
policing, $2,500,000 is for an initiative to enhance prosecutorial
decision-making, $2,400,000 is for the operationalization,
maintenance and expansion of the National Missing and Unidentified
Persons System, $2,500,000 is for a national training initiative to
improve police-based responses to people with mental illness or
developmental disabilities, $20,000,000 is for competitive and
evidence-based programs to reduce gun crime and gang violence,
$2,000,000 is for a student loan repayment assistance program
pursuant to section 952 of Public Law 110-315, $15,500,000 is for
prison rape prevention and prosecution grants to states and units
of local government, and other programs, as authorized by the
Prison Rape Elimination Act of 2003 (Public Law 108-79), and
$16,000,000 is for emergency law enforcement assistance for events
occurring during or after fiscal year 2018, as authorized by
section 609M of the Justice Assistance Act of 1984 (34 U.S.C.
50101);
(2) $240,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration and
Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater than
the actual cost for Federal immigration and other detainees housed
in State and local detention facilities;
(3) $77,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law 106-
386, for programs authorized under Public Law 109-164, or programs
authorized under Public Law 113-4;
(4) $3,000,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405, and
for grants for wrongful conviction review;
(5) $14,000,000 for economic, high technology, white collar and
Internet crime prevention grants, including as authorized by
section 401 of Public Law 110-403;
(6) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(7) $22,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of title I
of the 1968 Act: Provided, That $1,500,000 is transferred directly
to the National Institute of Standards and Technology's Office of
Law Enforcement Standards for research, testing and evaluation
programs;
(8) $1,000,000 for the National Sex Offender Public Website;
(9) $75,000,000 for grants to States to upgrade criminal and
mental health records for the National Instant Criminal Background
Check System, of which no less than $25,000,000 shall be for grants
made under the authorities of the NICS Improvement Amendments Act
of 2007 (Public Law 110-180);
(10) $30,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(11) $130,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $120,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities, including the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers program
(Public Law 108-405, section 303);
(B) $6,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(12) $47,500,000 for a grant program for community-based sexual
assault response reform;
(13) $12,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(14) $35,000,000 for assistance to Indian tribes;
(15) $85,000,000 for offender reentry programs and research, as
authorized by the Second Chance Act of 2007 (Public Law 110-199),
without regard to the time limitations specified at section 6(1) of
such Act, of which not to exceed $6,000,000 is for a program to
improve State, local, and tribal probation or parole supervision
efforts and strategies, $5,000,000 is for Children of Incarcerated
Parents Demonstrations to enhance and maintain parental and family
relationships for incarcerated parents as a reentry or recidivism
reduction strategy, and $4,000,000 is for additional replication
sites employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions in
probation, and for a research project on the effectiveness of the
model: Provided, That up to $7,500,000 of funds made available in
this paragraph may be used for performance-based awards for Pay for
Success projects, of which up to $5,000,000 shall be for Pay for
Success programs implementing the Permanent Supportive Housing
Model;
(16) $75,000,000 for the Comprehensive School Safety
Initiative;
(17) $65,000,000 for initiatives to improve police-community
relations, of which $22,500,000 is for a competitive matching grant
program for purchases of body-worn cameras for State, local and
tribal law enforcement, $25,000,000 is for a justice reinvestment
initiative, for activities related to criminal justice reform and
recidivism reduction, and $17,500,000 is for an Edward Byrne
Memorial criminal justice innovation program; and
(18) $330,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the following
programs, which shall address opioid abuse reduction consistent
with underlying program authorities--
(A) $75,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(B) $30,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(C) $30,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title
I of the 1968 Act;
(D) $20,000,000 for a veterans treatment courts program;
(E) $30,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products; and
(F) $145,000,000 for a comprehensive opioid abuse program:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113-4) (``the 2013 Act''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); and other juvenile
justice programs, $282,500,000, to remain available until expended as
follows--
(1) $60,000,000 for programs authorized by section 221 of the
1974 Act, and for training and technical assistance to assist
small, nonprofit organizations with the Federal grants process:
Provided, That of the amounts provided under this paragraph,
$500,000 shall be for a competitive demonstration grant program to
support emergency planning among State, local and tribal juvenile
justice residential facilities;
(2) $94,000,000 for youth mentoring grants;
(3) $27,500,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261 and
262 thereof--
(A) $5,000,000 shall be for the Tribal Youth Program;
(B) $4,000,000 shall be for gang and youth violence
education, prevention and intervention, and related activities;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated parents;
(D) $2,000,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(E) $8,000,000 shall be for community-based violence
prevention initiatives, including for public health approaches
to reducing shootings and violence; and
(F) $8,000,000 shall be for an opioid-affected youth
initiative;
(4) $21,000,000 for programs authorized by the Victims of Child
Abuse Act of 1990;
(5) $76,000,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the 1974
Act (except that section 102(b)(4)(B) of the PROTECT Our Children
Act of 2008 (Public Law 110-401) shall not apply for purposes of
this Act);
(6) $2,000,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of the
1990 Act; and
(7) $2,000,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may be used
for research, evaluation, and statistics activities designed to benefit
the programs or activities authorized: Provided further, That not more
than 2 percent of the amounts designated under paragraphs (1) through
(3) and (6) may be used for training and technical assistance:
Provided further, That the two preceding provisos shall not apply to
grants and projects administered pursuant to sections 261 and 262 of
the 1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $24,800,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain available
until expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and
education payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available appropriations for
the Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); and the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''), $275,500,000, to remain
available until expended: Provided, That any balances made available
through prior year deobligations shall only be available in accordance
with section 505 of this Act: Provided further, That of the amount
provided under this heading--
(1) $225,500,000 is for grants under section 1701 of title I of
the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsection (i) of such section: Provided,
That, notwithstanding section 1704(c) of such title (34 U.S.C.
10384(c)), funding for hiring or rehiring a career law enforcement
officer may not exceed $125,000 unless the Director of the Office
of Community Oriented Policing Services grants a waiver from this
limitation: Provided further, That within the amounts appropriated
under this paragraph, $30,000,000 is for improving tribal law
enforcement, including hiring, equipment, training, anti-
methamphetamine activities, and anti-opioid activities: Provided
further, That of the amounts appropriated under this paragraph,
$10,000,000 is for community policing development activities in
furtherance of the purposes in section 1701: Provided further,
That of the amounts appropriated under this paragraph $36,000,000
is for regional information sharing activities, as authorized by
part M of title I of the 1968 Act, which shall be transferred to
and merged with ``Research, Evaluation, and Statistics'' for
administration by the Office of Justice Programs;
(2) $10,000,000 is for activities authorized by the POLICE Act
of 2016 (Public Law 114-199);
(3) $8,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and laboratory
dump seizures: Provided, That funds appropriated under this
paragraph shall be utilized for investigative purposes to locate or
investigate illicit activities, including precursor diversion,
laboratories, or methamphetamine traffickers; and
(4) $32,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary treatment
admissions for heroin and other opioids: Provided, That these
funds shall be utilized for investigative purposes to locate or
investigate illicit activities, including activities related to the
distribution of heroin or unlawful distribution of prescription
opioids, or unlawful heroin and prescription opioid traffickers
through statewide collaboration.
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $50,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape or incest: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any
way diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, or to
rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 208. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House
of Representatives and the Senate that the information technology
program has appropriate program management controls and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 210. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76 or any successor administrative regulation, directive, or policy
for work performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title 28,
United States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by
this title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 3 percent of funds made available to the Office of
Justice Programs for grant or reimbursement programs may be used by
such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or statistical
programs administered by the National Institute of Justice and the
Bureau of Justice Statistics, shall be transferred to and merged
with funds provided to the National Institute of Justice and the
Bureau of Justice Statistics, to be used by them for research,
evaluation, or statistical purposes, without regard to the
authorizations for such grant or reimbursement programs.
Sec. 213. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2015 through 2018 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local reentry
demonstration projects under part FF of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631 et
seq.), the requirements under section 2976(g)(1) of such part (34
U.S.C. 10631(g)(1)).
(2) For State, Tribal, and local reentry courts under part FF
of title I of such Act of 1968 (34 U.S.C. 10631 et seq.), the
requirements under section 2978(e)(1) and (2) of such part (34
U.S.C. 10633(e)(1) and (2)).
(3) For the prosecution drug treatment alternatives to prison
program under part CC of title I of such Act of 1968 (34 U.S.C.
10581), the requirements under the second sentence of section
2901(f) of such part (34 U.S.C. 10581(f)).
Sec. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 215. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer
to facilitate the transfer of an operable firearm to an individual if
the Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2018, except up to $40,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2018, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2018, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under section 526 of division
H of Public Law 113-76, section 524 of division G of Public Law 113-
235, section 525 of division H of Public Law 114-113, and such
authorities as are enacted for Performance Partnership Pilots in an
appropriations Act for fiscal years 2017 and 2018.
This title may be cited as the ``Department of Justice
Appropriations Act, 2018''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to
exceed $2,250 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $5,544,000.
National Space Council
For necessary expenses of the National Space Council, in carrying
out the purposes of Title V of Public Law 100-685 and Executive Order
13803, hire of passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, not to exceed $2,250 for
official reception and representation expenses, $1,965,000: Provided,
That notwithstanding any other provision of law, the National Space
Council may accept personnel support from Federal agencies,
departments, and offices, and such Federal agencies, departments, and
offices may detail staff without reimbursement to the National Space
Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $6,221,500,000, to remain available until
September 30, 2019: Provided, That the formulation and development
costs (with development cost as defined under section 30104 of title
51, United States Code) for the James Webb Space Telescope shall not
exceed $8,000,000,000: Provided further, That should the individual
identified under subsection (c)(2)(E) of section 30104 of title 51,
United States Code, as responsible for the James Webb Space Telescope
determine that the development cost of the program is likely to exceed
that limitation, the individual shall immediately notify the
Administrator and the increase shall be treated as if it meets the 30
percent threshold described in subsection (f) of section 30104:
Provided further, That, of the amounts provided, $595,000,000 is for an
orbiter and a lander to meet the science goals for the Jupiter Europa
mission as outlined in the most recent planetary science decadal
survey: Provided further, That the National Aeronautics and Space
Administration shall use the Space Launch System as the launch vehicles
for the Jupiter Europa mission, plan for an orbiter launch no later
than 2022 and a lander launch no later than 2024, and include in the
fiscal year 2020 budget the 5-year funding profile necessary to achieve
these goals.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $685,000,000, to remain available until
September 30, 2019.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $760,000,000, to remain available until
September 30, 2019: Provided, That $130,000,000 shall be for RESTORE.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $4,790,000,000, to remain available until
September 30, 2019: Provided, That not less than $1,350,000,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That
not less than $2,150,000,000 shall be for the Space Launch System (SLS)
launch vehicle, which shall have a lift capability not less than 130
metric tons and which shall have core elements and an Exploration Upper
Stage developed simultaneously: Provided further, That of the amounts
provided for SLS, not less than $300,000,000 shall be for Exploration
Upper Stage development: Provided further, That $895,000,000 shall be
for Exploration Ground Systems, including $350,000,000 for a second
mobile launch platform and associated SLS activities: Provided
further, That the National Aeronautics and Space Administration (NASA)
shall provide to the Committees on Appropriations of the House of
Representatives and the Senate, concurrent with the annual budget
submission, a 5-year budget profile for an integrated system that
includes the Space Launch System, the Orion Multi-Purpose Crew Vehicle,
and associated ground systems that will ensure an Exploration Mission-2
crewed launch as early as possible, as well as a system-based funding
profile for a sustained launch cadence beyond the initial crewed test
launch: Provided further, That acquisition of Orion crew vehicles, SLS
launch vehicles, Exploration Ground Systems, mobile launch platforms,
and their associated components may be funded incrementally in fiscal
year 2018 and thereafter: Provided further, That $395,000,000 shall be
for exploration research and development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services;
space flight, spacecraft control and communications activities,
including operations, production, and services; maintenance and repair,
facility planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance and operation of mission and administrative
aircraft, $4,751,500,000, to remain available until September 30, 2019.
education
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$100,000,000, to remain available until September 30, 2019, of which
$18,000,000 shall be for the Established Program to Stimulate
Competitive Research and $40,000,000 shall be for the National Space
Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $2,826,900,000, to remain available until
September 30, 2019.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $562,240,000, to remain available until
September 30, 2023: Provided, That proceeds from leases deposited into
this account shall be available for a period of 5 years to the extent
and in amounts as provided in annual appropriations Acts: Provided
further, That such proceeds referred to in the preceding proviso shall
be available for obligation for fiscal year 2018 in an amount not to
exceed $9,470,300: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 20145 of title
51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $39,000,000, of which
$500,000 shall remain available until September 30, 2019.
administrative provisions
(including transfer of funds)
Funds for any announced prize otherwise authorized shall remain
available, without fiscal year limitation, until a prize is claimed or
the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by NASA at
the theme, program, project and activity level. The spending plan, as
well as any subsequent change of an amount established in that spending
plan that meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $6,334,476,000, to remain available
until September 30, 2019, of which not to exceed $544,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other related
activities for the United States Antarctic program: Provided, That
receipts for scientific support services and materials furnished by the
National Research Centers and other National Science Foundation
supported research facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $182,800,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms
in the District of Columbia, $902,000,000, to remain available until
September 30, 2019.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); services authorized by section 3109 of title 5, United States
Code; hire of passenger motor vehicles; uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of Columbia;
and reimbursement of the Department of Homeland Security for security
guard services; $328,510,000: Provided, That not to exceed $8,280 is
for official reception and representation expenses: Provided further,
That contracts may be entered into under this heading in fiscal year
2018 for maintenance and operation of facilities and for other services
to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,370,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $15,200,000, of which
$400,000 shall remain available until September 30, 2019.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 10 percent by any such transfers. Any
transfer pursuant to this paragraph shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
The Director of the National Science Foundation shall notify the
Committees on Appropriations of the House of Representatives and the
Senate at least 30 days in advance of the acquisition or disposal of
any capital asset (including land, structures, and equipment) not
specifically provided for in this Act or any other law appropriating
funds for the National Science Foundation.
This title may be cited as the ``Science Appropriations Act,
2018''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,700,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the chairperson, who is
permitted 125 billable days: Provided further, That none of the funds
appropriated in this paragraph shall be used for any activity or
expense that is not explicitly authorized by section 3 of the Civil
Rights Commission Act of 1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services
as authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $379,500,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until
such time as the Committees on Appropriations of the House of
Representatives and the Senate have been notified of such proposals, in
accordance with the reprogramming requirements of section 505 of this
Act: Provided further, That the Chair is authorized to accept and use
any gift or donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by section 3109 of title 5, United States Code, and not to exceed
$2,250 for official reception and representation expenses, $93,700,000,
to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $410,000,000,
of which $376,000,000 is for basic field programs and required
independent audits; $5,100,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $19,400,000 is for management and
grants oversight; $4,000,000 is for client self-help and information
technology; $4,500,000 is for a Pro Bono Innovation Fund; and
$1,000,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by section
5304 of title 5, United States Code, notwithstanding section 1005(d) of
the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided
further, That the authorities provided in section 205 of this Act shall
be applicable to the Legal Services Corporation: Provided further,
That, for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2017 and 2018, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), $3,431,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $57,600,000, of which $1,000,000 shall
remain available until expended: Provided, That of the total amount
made available under this heading, not to exceed $124,000 shall be
available for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized
by section 611 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
from the Trade Enforcement Trust Fund: Provided, That any transfer
pursuant to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $5,121,000, of which $500,000 shall remain available until
September 30, 2019: Provided, That not to exceed $2,250 shall be
available for official reception and representation expenses: Provided
further, That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2018, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program, project or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices,
programs or activities; (6) contracts out or privatizes any functions
or activities presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding for any
program, project or activity, or numbers of personnel by 10 percent; or
(8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term
in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the
status of balances of appropriations at the account level. For
unobligated, uncommitted balances and unobligated, committed balances
the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation
of a current accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such accounting
system and shall identify and describe in each quarterly report the
extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection of loan
collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101) in any
fiscal year in excess of $4,436,000,000 shall not be available for
obligation until the following fiscal year: Provided, That
notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall remain available
until expended to the Department of Justice Office of Inspector General
for oversight and auditing purposes; and (2) 3 percent shall be
available to the Office for Victims of Crime for grants, consistent
with the requirements of the Victims of Crime Act, to Indian tribes to
improve services for victims of crime.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in
any other manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 514. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information systems
against criteria developed by NIST and the Federal Bureau of
Investigation (FBI) to inform acquisition decisions for high-impact
and moderate-impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the presumptive awardee
against available and relevant threat information provided by the
FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate Federal
entity, conducted an assessment of any risk of cyber-espionage or
sabotage associated with the acquisition of such system, including
any risk associated with such system being produced, manufactured,
or assembled by one or more entities identified by the United
States Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or subsidized by the
People's Republic of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and supply
chain risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the FBI, that the
acquisition of such system is in the national interest of the
United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate and
the agency Inspector General.
Sec. 515. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 516. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or from
being otherwise eligible under the laws of the United States to
possess, ship, transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 517. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 518. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-Singapore
Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-Australia
Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 519. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Privacy
Act of 1986; The Fair Credit Reporting Act; The National Security Act
of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended
by these Acts.
Sec. 520. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent or more, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree
to which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or
procurement costs.
Sec. 521. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2018 until the enactment of the Intelligence
Authorization Act for fiscal year 2018.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
(rescissions)
Sec. 523. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, Economic
Development Administration, Economic Development Assistance Programs,
$10,000,000 is rescinded not later than September 30, 2018.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby rescinded, not later than
September 30, 2018, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $154,768,000;
(2) ``Federal Bureau of Investigation, Salaries and Expenses'',
$127,291,000 including from, but not limited to, fees collected to
defray expenses for the automation of fingerprint identification
and criminal justice information services and associated costs;
(3) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $15,000,000;
(4) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $40,000,000;
(5) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $10,000,000; and
(6) ``Legal Activities, Assets Forfeiture Fund'', $304,000,000,
is permanently rescinded.
(c) The Departments of Commerce and Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2018, specifying the amount
of each rescission made pursuant to subsections (a) and (b).
Sec. 524. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 525. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency, who are stationed in the United
States, at any single conference occurring outside the United States
unless such conference is a law enforcement training or operational
conference for law enforcement personnel and the majority of Federal
employees in attendance are law enforcement personnel stationed outside
the United States.
Sec. 526. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 527. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 528. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality
uses to track undisbursed balances in expired grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on the
first day of each fiscal year) for the department, agency, or
instrumentality and the total finances that have not been obligated
to a specific project remaining in the accounts.
Sec. 529. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA) or
the Office of Science and Technology Policy (OSTP) to develop, design,
plan, promulgate, implement, or execute a bilateral policy, program,
order, or contract of any kind to participate, collaborate, or
coordinate bilaterally in any way with China or any Chinese-owned
company unless such activities are specifically authorized by a law
enacted after the date of enactment of this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA or OSTP, after consultation with the
Federal Bureau of Investigation, have certified--
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, and the Federal Bureau of Investigation, no later than 30
days prior to the activity in question and shall include a description
of the purpose of the activity, its agenda, its major participants, and
its location and timing.
Sec. 530. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel to deny, or fail to act
on, an application for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the proposed
importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the Attorney
General prior to January 1, 2011, on the basis that the shotgun was
not particularly suitable for or readily adaptable to sporting
purposes.
Sec. 531. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim
assistance-related activity.
Sec. 532. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, the National Science Foundation,
the Commission on Civil Rights, the Equal Employment Opportunity
Commission, the International Trade Commission, the Legal Services
Corporation, the Marine Mammal Commission, the Offices of Science and
Technology Policy and the United States Trade Representative, the
National Space Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of Representatives and
the Senate within 45 days after the date of enactment of this Act.
Sec. 533. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 534. The Department of Commerce, the National Aeronautics and
Space Administration, and the National Science Foundation shall provide
a quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose of such
travel.
Sec. 535. Of the amounts made available by this Act, not less than
10 percent of each total amount provided, respectively, for Public
Works grants authorized by the Public Works and Economic Development
Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty counties''
means any county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the most recent Small Area Income and
Poverty Estimates.
Sec. 536. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance
that does not meet the basic requirements of a contract.
Sec. 537. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
Sec. 538. None of the funds made available under this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming,
or with respect to the District of Columbia, Guam, or Puerto Rico, to
prevent any of them from implementing their own laws that authorize the
use, distribution, possession, or cultivation of medical marijuana.
Sec. 539. Not later than 30 days after the enactment of this Act,
the Secretary of Commerce (Secretary) shall lift the stay on the
effective date of the final rule for the seafood import monitoring
program published by the Secretary on December 9, 2016, (81 Fed. Reg.
88975 et seq.) for the species described in section 300.324(a)(3) of
title 50, Code of Federal Regulations: Provided, That the compliance
date for the species described in section 300.324(a)(3) of title 50,
Code of Federal Regulations, shall occur not later than December 31,
2018: Provided further, That not later than December 31, 2018, the
Secretary shall establish a traceability program for United States
inland, coastal, and marine aquaculture of shrimp and abalone from
point of production to entry into United States commerce: Provided
further, That the Secretary shall promulgate such regulations as are
necessary and appropriate to establish and implement the program:
Provided further, That information collected pursuant to a regulation
promulgated under this section shall be confidential and not be
disclosed except for the information disclosed under section 401(b)(1)
of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1881a(b)(1)): Provided further, That any regulations
promulgated under this section shall be enforced as if this section
were a provision of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and the regulations were
promulgated under such Act.
Sec. 540. For an additional amount for ``Department of Justice,
State and Local Law Enforcement Activities, Office of Justice Programs,
State and Local Law Enforcement Assistance'', $2,500,000 to keep young
athletes safe.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2018''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $41,628,855,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $28,772,118,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $13,231,114,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $28,790,440,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,715,608,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,988,362,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$764,903,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,802,554,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$8,264,626,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,408,817,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$38,816,957,000: Provided, That not to exceed $12,478,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $45,384,353,000: Provided, That not to exceed
$15,055,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of the Navy,
and payments may be made on his certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$6,605,546,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$39,544,193,000: Provided, That not to exceed $7,699,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Air Force, and payments
may be made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$34,059,257,000: Provided, That not more than $15,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity
for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $38,458,000 shall be
made available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
$9,385,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available for
the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That of the funds provided under this heading, $631,670,000,
of which $157,917,000, to remain available until September 30, 2019,
shall be available to provide support and assistance to foreign
security forces or other groups or individuals to conduct, support or
facilitate counterterrorism, crisis response, or other Department of
Defense security cooperation programs: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,877,104,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,069,707,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $284,837,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,202,307,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $7,284,170,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,900,798,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $14,538,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $235,809,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $365,883,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $352,549,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $19,002,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $248,673,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $129,900,000, to remain available until
September 30, 2019.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $350,000,000, to remain
available until September 30, 2020.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $500,000,000, to remain available for obligation until September
30, 2019: Provided, That no other amounts may be otherwise credited or
transferred to the Fund, or deposited into the Fund, in fiscal year
2018 pursuant to section 1705(d) of title 10, United States Code:
Provided further, That within 60 days after the date of enactment of
this Act, the Secretary of Defense shall transfer to the Treasury from
amounts made available under this heading an amount equal to any
amounts transferred to the Fund for fiscal year 2018 before the date of
the enactment of this Act pursuant to section 1705(d)(3) of title 10,
United States Code, or any other provision of law: Provided further,
That amounts so transferred shall be deposited in the Treasury as
miscellaneous receipts.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,535,794,000, to remain available for obligation until
September 30, 2020.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,196,910,000, to remain available for obligation until
September 30, 2020.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$4,391,573,000, to remain available for obligation until September 30,
2020.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $2,548,740,000, to remain available for
obligation until September 30, 2020.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$8,298,418,000, to remain available for obligation until September 30,
2020.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $19,957,380,000, to remain available for obligation
until September 30, 2020.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,510,590,000, to remain available
for obligation until September 30, 2020.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $804,335,000, to remain available for
obligation until September 30, 2020.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Ohio Replacement Submarine (AP), $861,853,000;
Carrier Replacement Program (CVN 80), $1,569,646,000;
Carrier Replacement Program (CVN 79), $2,561,058,000;
Virginia Class Submarine, $3,305,315,000;
Virginia Class Submarine (AP), $2,145,596,000;
CVN Refueling Overhauls, $1,569,669,000;
CVN Refueling Overhauls (AP), $75,897,000;
DDG-1000 Program, $216,968,000;
DDG-51 Destroyer, $3,357,079,000;
DDG-51 Destroyer (AP), $90,336,000;
Littoral Combat Ship, $1,566,971,000;
Amphibious Ship Replacement, $1,800,000,000;
Expeditionary Sea Base, $635,000,000;
LHA Replacement, $1,710,927,000;
Expeditionary Fast Transport, $225,000,000;
TAO Fleet Oiler, $457,988,000;
TAO Fleet Oiler (AP), $75,068,000;
Towing, Salvage, and Rescue Ship, $76,204,000;
T-AGS Oceanographic Survey Ship, $180,000,000;
Ship to Shore Connector, $524,554,000;
Service Craft, $62,994,000;
For outfitting, post delivery, conversions, and first
destination transportation, $489,073,000;
Completion of Prior Year Shipbuilding Programs, $117,542,000;
and
Polar Icebreakers, $150,000,000.
In all: $23,824,738,000, to remain available for obligation until
September 30, 2022: Provided, That additional obligations may be
incurred after September 30, 2022, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for production of
the common missile compartment of nuclear-powered vessels may be
available for multiyear procurement of critical components to support
continuous production of such compartments only in accordance with the
provisions of subsection (i) of section 2218a of title 10, United
States Code (as added by section 1023 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)).
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $7,941,018,000, to
remain available for obligation until September 30, 2020.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,942,737,000, to remain available for obligation
until September 30, 2020.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $18,504,556,000, to remain available for
obligation until September 30, 2020.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,207,747,000, to remain
available for obligation until September 30, 2020.
Space Procurement, Air Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $3,552,175,000, to remain
available for obligation until September 30, 2020.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,651,977,000, to remain available for
obligation until September 30, 2020.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $20,503,273,000, to remain
available for obligation until September 30, 2020.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $5,429,270,000, to remain available for obligation until
September 30, 2020.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $67,401,000, to remain available until
expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$10,647,426,000, to remain available for obligation until September 30,
2019.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$18,010,754,000, to remain available for obligation until September 30,
2019: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$37,428,078,000, to remain available for obligation until September 30,
2019.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $22,010,975,000, to remain
available for obligation until September 30, 2019: Provided, That, of
the funds made available in this paragraph, $250,000,000 for the
Defense Rapid Innovation Program shall only be available for expenses,
not otherwise provided for, to include program management and
oversight, to conduct research, development, test and evaluation to
include proof of concept demonstration; engineering, testing, and
validation; and transition to full-scale production: Provided further,
That the Secretary of Defense may transfer funds provided herein for
the Defense Rapid Innovation Program to appropriations for research,
development, test and evaluation to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
30 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $210,900,000, to remain available for obligation
until September 30, 2019.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,685,596,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$34,428,167,000; of which $31,521,850,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2019, and of which up to
$15,349,700,000 may be available for contracts entered into under the
TRICARE program; of which $867,002,000, to remain available for
obligation until September 30, 2020, shall be for procurement; and of
which $2,039,315,000, to remain available for obligation until
September 30, 2019, shall be for research, development, test and
evaluation: Provided, That, notwithstanding any other provision of
law, of the amount made available under this heading for research,
development, test and evaluation, not less than $8,000,000 shall be
available for HIV prevention educational activities undertaken in
connection with United States military training, exercises, and
humanitarian assistance activities conducted primarily in African
nations: Provided further, That of the funds provided under this
heading for research, development, test and evaluation, not less than
$1,095,100,000 shall be made available to the United States Army
Medical Research and Materiel Command to carry out the congressionally
directed medical research programs.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $961,732,000, of which $104,237,000 shall be
for operation and maintenance, of which no less than $49,401,000 shall
be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $21,045,000 for activities on military installations and
$28,356,000, to remain available until September 30, 2019, to assist
State and local governments; $18,081,000 shall be for procurement, to
remain available until September 30, 2020, of which $16,787,000 shall
be for the Chemical Stockpile Emergency Preparedness Program to assist
State and local governments and $1,294,000 for activities on military
installations; and $839,414,000, to remain available until September
30, 2019, shall be for research, development, test and evaluation, of
which $831,900,000 shall only be for the Assembled Chemical Weapons
Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $934,814,000, of which $552,648,000
shall be for counter-narcotics support; $120,813,000 shall be for the
drug demand reduction program; $236,353,000 shall be for the National
Guard counter-drug program; and $25,000,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $321,887,000, of which $319,087,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $2,800,000, to remain available until September
30, 2019, shall be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $537,600,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 25 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$4,250,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2018: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2018: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both by
budget activity and program, project, and activity as detailed in
the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense Sites'';
and
(6) ``Drug Interdiction and Counter-drug Activities, Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer:
Provided further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations may
be made against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a budget
request for full funding of units to be procured through the
contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested in
that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full funding
of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor under
the contract shall not be made in advance of incurred costs on
funded units; and
(4) the contract does not provide for a price adjustment based
on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows: V-22 Osprey aircraft
variants; up to 13 SSN Virginia Class Submarines and Government-
furnished equipment; and DDG-51 Arleigh Burke class Flight III guided
missile destroyers, the MK41 Vertical Launching Systems, and associated
Government-furnished systems and subsystems: Provided, That the term
of any multiyear procurement contract for V-22 Osprey aircraft variants
entered into for use of any part of any appropriation contained in this
Act may not exceed 5 years.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during that
fiscal year shall not be subject to any constraint or limitation (known
as an end-strength) on the number of such personnel who may be employed
on the last day of such fiscal year.
(b) The fiscal year 2019 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2019 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2019.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
2358 note) civilian personnel at the Department of Army Science and
Technology Reinvention Laboratories may not be managed on the basis of
the Table of Distribution and Allowances, and the management of the
workforce strength shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only
to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United States:
Provided further, That when adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis,
the Secretary of the service responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations that such an acquisition must be made
in order to acquire capability for national security purposes.
Sec. 8017. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That, in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8020. Of the funds made available in this Act, $20,000,000
shall be available for incentive payments authorized by section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided, That a
prime contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined in
section 1544 of title 25, United States Code, or a small business owned
and controlled by an individual or individuals defined under section
4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 1906 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8022. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That,
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8023. (a) Of the funds made available in this Act, not less
than $43,100,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $30,800,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities, and
drug demand reduction activities involving youth programs;
(2) $10,600,000 shall be available from ``Aircraft Procurement,
Air Force''; and
(3) $1,700,000 shall be available from ``Other Procurement, Air
Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8024. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
Provided, That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2018, not more than
6,030 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That, of the specific amount referred to
previously in this subsection, not more than 1,125 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2019 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$131,000,000.
Sec. 8025. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8026. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8027. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8028. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2018. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8029. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8030. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8031. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000.
Sec. 8032. None of the funds made available by this Act may be
used to--
(1) disestablish, or prepare to disestablish, a Senior Reserve
Officers' Training Corps program in accordance with Department of
Defense Instruction Number 1215.08, dated June 26, 2006; or
(2) close, downgrade from host to extension center, or place on
probation a Senior Reserve Officers' Training Corps program in
accordance with the information paper of the Department of the Army
titled ``Army Senior Reserve Officer's Training Corps (SROTC)
Program Review and Criteria'', dated January 27, 2014.
Sec. 8033. The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the local
community: Provided, That such regulations shall direct that the
prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2019 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2019 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2019 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8035. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2019: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2019.
Sec. 8036. Up to $10,322,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:
Provided further, That funds may not be obligated to provide assistance
to any foreign country that is otherwise prohibited from receiving such
type of assistance under any other provision of law.
Sec. 8037. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8038. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8039. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or employee's
place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats;
(3) an Army field operating agency established to improve the
effectiveness and efficiencies of biometric activities and to
integrate common biometric technologies throughout the Department
of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8040. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance of
the activity or function by a contractor would be less costly to
the Department of Defense by an amount that equals or exceeds the
lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a proposal
that would reduce costs for the Department of Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract; or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount that
is paid by the Department of Defense for health benefits for
civilian employees under chapter 89 of title 5, United States
Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established pursuant to
section 2 of the Javits-Wagner-O'Day Act (section 8503 of title 41,
United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with that
Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian
Organization, as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8041. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism or as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended:
``Other Procurement, Army'', 2016/2018, $5,517,000;
``Aircraft Procurement, Navy'', 2016/2018, $172,000,000;
``Aircraft Procurement, Air Force'', 2016/2018, $56,900,000;
``Procurement of Ammunition, Air Force'', 2016/2018,
$5,000,000;
``Procurement, Defense-wide'', 2016/2018, $7,264,000;
``Missile Procurement, Army'', 2017/2019, $19,319,000;
``Aircraft Procurement, Army'', 2017/2019, $17,000,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army'',
2017/2019, $7,064,000;
``Procurement of Ammunition, Army'', 2017/2019, $15,507,000;
``Other Procurement, Army'', 2017/2019, $12,535,000;
``Aircraft Procurement, Navy'', 2017/2019, $45,900,000;
``Weapons Procurement, Navy'', 2017/2019, $32,200,000;
``Shipbuilding and Conversion, Navy: Carrier Replacement
Program'', 2017/2021, $14,000,000;
``Aircraft Procurement, Air Force'', 2017/2019, $78,347,000;
``Missile Procurement, Air Force'', 2017/2019, $31,639,000;
``Space Procurement, Air Force'', 2017/2019, $34,900,000;
``Procurement of Ammunition, Air Force'', 2017/2019,
$18,000,000;
``Other Procurement, Air Force'', 2017/2019, $136,691,000;
``Research, Development, Test and Evaluation, Army'', 2017/
2018, $62,331,000;
``Research, Development, Test and Evaluation, Navy'', 2017/
2018, $9,128,000;
``Research, Development, Test and Evaluation, Air Force'',
2017/2018, $131,000,000; and
``Defense Health Program: Research, Development, Test and
Evaluation'', 2017/2018, $30,000,000.
Sec. 8042. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8043. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8044. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8045. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction or counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8046. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 103 of title 41, United States Code, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8047. Of the amounts appropriated for ``Working Capital Fund,
Army'', $99,000,000 shall be available to maintain competitive rates at
the arsenals.
Sec. 8048. None of the funds made available by this Act for
Evolved Expendable Launch Vehicle service competitive procurements may
be used unless the competitive procurements are open for award to all
certified providers of Evolved Expendable Launch Vehicle-class systems:
Provided, That the award shall be made to the provider that offers the
best value to the government.
Sec. 8049. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $20,000,000 to the United Service Organizations
and $24,000,000 to the Red Cross.
Sec. 8050. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8051. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they
contribute to the extramural budget.
Sec. 8052. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8054. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable (except
as to amount) to the expired or closed account before the end of
the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any
current appropriation account of the Department of Defense; and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of Defense
under the provisions of section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-510, as
amended (31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation discloses
that there was not in fact a negative unliquidated or unexpended
balance in the account, any charge to a current account under the
authority of this section shall be reversed and recorded against
the expired account: Provided further, That the total amount
charged to a current appropriation under this section may not
exceed an amount equal to 1 percent of the total appropriation for
that account.
Sec. 8055. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8056. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
United States Navy forces assigned to the Pacific fleet: Provided,
That the command and control relationships which existed on October 1,
2004, shall remain in force until a written modification has been
proposed to the House and Senate Appropriations Committees: Provided
further, That the proposed modification may be implemented 30 days
after the notification unless an objection is received from either the
House or Senate Appropriations Committees: Provided further, That any
proposed modification shall not preclude the ability of the commander
of United States Pacific Command to meet operational requirements.
(including transfer of funds)
Sec. 8057. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-wide'', $35,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes
and for the same time period as the appropriations to which the funds
are transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8058. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That the Secretary
of Defense shall, not later than 60 days after enactment of this Act,
submit a report detailing the use of funds requested in research,
development, test and evaluation accounts for end-items used in
development, prototyping and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
Sec. 8059. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before such
date if the option prices are adjusted for any reason other than
the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
(including transfer of funds)
Sec. 8061. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8062. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8063. The Secretary of Defense shall continue to provide a
classified quarterly report to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as directed in
the classified annex accompanying this Act.
Sec. 8064. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8065. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8066. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8067. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $66,881,780 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8068. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change
is otherwise in accordance with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary of
Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and develop
detailed proposals for alternative financial management processes. Such
study shall include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected agencies;
(2) receive certification from all affected agencies attesting
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect
counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense and
intelligence committees.
Sec. 8069. In addition to amounts provided elsewhere in this Act,
$10,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
Sec. 8070. Any notice that is required to be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives under section 806(c)(4) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note)
after the date of the enactment of this Act shall be submitted pursuant
to that requirement concurrently to the Subcommittees on Defense of the
Committees on Appropriations of the Senate and the House of
Representatives.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $705,800,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$92,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended; $221,500,000 shall
be for the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under the
SRBMD program, of which $120,000,000 shall be for co-production
activities of SRBMD systems in the United States and in Israel to meet
Israel's defense requirements consistent with each nation's laws,
regulations, and procedures, subject to the U.S.-Israeli co-production
agreement for SRBMD, as amended; $310,000,000 shall be for an upper-
tier component to the Israeli Missile Defense Architecture, of which
$120,000,000 shall be for co-production activities of Arrow 3 Upper
Tier systems in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production agreement for
Arrow 3 Upper Tier, as amended, of which $105,000,000 shall be for
testing of the upper-tier component to the Israeli Missile Defense
Architecture in the United States; and $82,300,000 shall be for the
Arrow System Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That the
transfer authority provided under this provision is in addition to any
other transfer authority contained in this Act.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $117,542,000 shall be
available until September 30, 2018, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2008/2018: Carrier Replacement Program $20,000,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2018: DDG-51 Destroyer $19,436,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2018: Littoral Combat Ship $6,394,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2018: LHA Replacement $14,200,000;
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2018: DDG-51 Destroyer $31,941,000;
(6) Under the heading ``Shipbuilding and Conversion, Navy'',
2014/2018: Litoral Combat Ship $20,471,000; and
(7) Under the heading ``Shipbuilding and Conversion, Navy'',
2015/2018: LCAC $5,100,000.
Sec. 8073. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 3094)
during fiscal year 2018 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2018.
Sec. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8075. The budget of the President for fiscal year 2019
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That these
documents shall include a description of the funding requested for each
contingency operation, for each military service, to include all Active
and Reserve components, and for each appropriations account: Provided
further, That these documents shall include estimated costs for each
element of expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic data
including, but not limited to, troop strength for each Active and
Reserve component, and estimates of the major weapons systems deployed
in support of each contingency: Provided further, That these documents
shall include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two preceding fiscal
years.
Sec. 8076. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8077. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $4,000,000.
Sec. 8078. The Secretary of Defense may use up to $800,000,000 of
the amounts appropriated or otherwise made available in this Act to the
Department of Defense for the rapid acquisition and deployment of
supplies and associated support services pursuant to section 806 of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 10 U.S.C. 2302 note): Provided, That the
Secretary of Defense shall notify the congressional defense committees
promptly of all uses of this authority.
Sec. 8079. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8081. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8082. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2019.
Sec. 8083. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8084. (a) Not later than 60 days after the date of enactment
of this Act, the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2018: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8085. None of the funds made available by this Act may be
used to eliminate, restructure, or realign Army Contracting Command--
New Jersey or make disproportionate personnel reductions at any Army
Contracting Command--New Jersey sites without 30-day prior notification
to the congressional defense committees.
Sec. 8086. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by this
Act, for support to friendly foreign countries in connection with the
conduct of operations in which the United States is not participating,
pursuant to section 331(d) Title 10 U.S.C. shall be made in accordance
with sections 8005 or 9002 of this Act, as applicable.
Sec. 8087. Any transfer of amounts appropriated to, credited to,
or deposited in the Department of Defense Acquisition Workforce
Development Fund in or for fiscal year 2018 to a military department or
Defense Agency pursuant to section 1705(e)(1) of title 10, United
States Code, shall be covered by and subject to sections 8005 or 9002
of this Act, as applicable.
Sec. 8088. None of the funds made available by this Act for excess
defense articles, assistance under section 333 of title 10, United
States Code, or peacekeeping operations for the countries designated
annually to be in violation of the standards of the Child Soldiers
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be
used to support any military training or operation that includes child
soldiers, as defined by the Child Soldiers Prevention Act of 2008,
unless such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
Sec. 8089. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8090. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8091. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
(including transfer of funds)
Sec. 8092. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
Sec. 8093. None of the funds appropriated by this Act may be
available for the purpose of making remittances to the Department of
Defense Acquisition Workforce Development Fund in accordance with
section 1705 of title 10, United States Code.
Sec. 8094. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8095. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, intentional
infliction of emotional distress, false imprisonment, or negligent
hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that mandates
that the employee or independent contractor resolve through
arbitration any claim under title VII of the Civil Rights Act of
1964 or any tort related to or arising out of sexual assault or
harassment, including assault and battery, intentional infliction
of emotional distress, false imprisonment, or negligent hiring,
supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8096. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$115,519,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8097. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense or a
component thereof in contravention of the provisions of section 130h of
title 10, United States Code.
Sec. 8098. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for
the physical security of personnel or for force protection purposes up
to a limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8099. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2018.
Sec. 8100. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United States
Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
Sec. 8101. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8102. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba, to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with section
1034 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1034 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
Sec. 8103. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
Sec. 8104. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary, in consultation with the Secretary of State and
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that, to
the best of the Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal military
equipment to, and the maintenance of existing lethal military
equipment for, the Government of the Syrian Arab Republic;
(2) The armed forces of the Russian Federation have withdrawn
from Crimea, other than armed forces present on military bases
subject to agreements in force between the Government of the
Russian Federation and the Government of Ukraine; and
(3) Agents of the Russian Federation have ceased taking active
measures to destabilize the control of the Government of Ukraine
over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with respect
to a waiver issued by the Secretary of Defense pursuant to subsection
(b), and not later than 90 days after the date on which such a waiver
is issued by the Secretary of Defense, the Inspector General shall
submit to the congressional defense committees a report containing the
results of the review conducted with respect to such waiver.
Sec. 8105. None of the funds made available in this Act may be
used for the purchase or manufacture of a flag of the United States
unless such flags are treated as covered items under section 2533a(b)
of title 10, United States Code.
Sec. 8106. The Secretary of Defense, in consultation with the
Service Secretaries, shall submit two reports to the congressional
defense committees, not later than March 1, 2018, and not later than
September 1, 2018, detailing the submission of records during the
previous 6 months to databases accessible to the National Instant
Criminal Background Check System (NICS), including the Interstate
Identification Index (III), the National Crime Information Center
(NCIC), and the NICS Index, as required by Public Law 110-180:
Provided, That such reports shall provide the number and category of
records submitted by month to each such database, by Service or
Component: Provided further, That such reports shall identify the
number and category of records submitted by month to those databases
for which the Identification for Firearm Sales (IFFS) flag or other
database flags were used to pre-validate the records and indicate that
such persons are prohibited from receiving or possessing a firearm:
Provided further, That such reports shall describe the steps taken
during the previous 6 months, by Service or Component, to ensure
complete and accurate submission and appropriate flagging of records of
individuals prohibited from gun possession or receipt pursuant to 18
U.S.C. 922(g) or (n) including applicable records involving proceedings
under the Uniform Code of Military Justice.
Sec. 8107. (a) Of the funds appropriated in this Act for the
Department of Defense, amounts may be made available, under such
regulations as the Secretary of Defense may prescribe, to local
military commanders appointed by the Secretary, or by an officer or
employee designated by the Secretary, to provide at their discretion ex
gratia payments in amounts consistent with subsection (d) of this
section for damage, personal injury, or death that is incident to
combat operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided only
if--
(1) the prospective foreign civilian recipient is determined by
the local military commander to be friendly to the United States;
(2) a claim for damages would not be compensable under chapter
163 of title 10, United States Code (commonly known as the
``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a program
under subsection (a) shall not be considered an admission or
acknowledgement of any legal obligation to compensate for any damage,
personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense determines a
program under subsection (a) to be appropriate in a particular setting,
the amounts of payments, if any, to be provided to civilians determined
to have suffered harm incident to combat operations of the Armed Forces
under the program should be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which should
include such factors as cultural appropriateness and prevailing
economic conditions.
(e) Legal Advice.--Local military commanders shall receive legal
advice before making ex gratia payments under this subsection. The
legal advisor, under regulations of the Department of Defense, shall
advise on whether an ex gratia payment is proper under this section and
applicable Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia payment
offered or denied shall be kept by the local commander and on a timely
basis submitted to the appropriate office in the Department of Defense
as determined by the Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the efficacy of the
ex gratia payment program including the number of types of cases
considered, amounts offered, the response from ex gratia payment
recipients, and any recommended modifications to the program.
Sec. 8108. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
Sec. 8109. The Secretary of Defense shall post grant awards on a
public Website in a searchable format.
Sec. 8110. The Secretary of each military department, in reducing
each research, development, test and evaluation and procurement account
of the military department as required under paragraph (1) of section
828(d) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2430 note), as amended by section
825(a)(3) of the National Defense Authorization Act for Fiscal Year
2018, shall allocate the percentage reduction determined under
paragraph (2) of such section 828(d) proportionally from all programs,
projects, or activities under such account: Provided, That the
authority under section 804(d)(2) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) to
transfer amounts available in the Rapid Prototyping Fund shall be
subject to section 8005 or 9002 of this Act, as applicable.
Sec. 8111. None of the funds made available by this Act may be
used to fund the performance of a flight demonstration team at a
location outside of the United States: Provided, That this prohibition
applies only if a performance of a flight demonstration team at a
location within the United States was canceled during the current
fiscal year due to insufficient funding.
Sec. 8112. None of the funds made available by this Act may be
used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of any
electronic communication of a United States person from a provider
of electronic communication services to the public pursuant to
section 501 of the Foreign Intelligence Surveillance Act of 1978.
Sec. 8113. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 8114. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of any
agency funded by this Act who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8115. None of the funds made available in this Act may be
obligated for activities authorized under section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 112-81; 125 Stat. 1621) to initiate support for, or expand support
to, foreign forces, irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance with the
direction contained in the classified annex accompanying this Act, not
less than 15 days before initiating such support: Provided, That none
of the funds made available in this Act may be used under section 1208
for any activity that is not in support of an ongoing military
operation being conducted by United States Special Operations Forces to
combat terrorism: Provided further, That the Secretary of Defense may
waive the prohibitions in this section if the Secretary determines that
such waiver is required by extraordinary circumstances and, by not
later than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8116. None of the funds made available by this Act may be
used with respect to Iraq in contravention of the War Powers Resolution
(50 U.S.C. 1541 et seq.), including for the introduction of United
States armed forces into hostilities in Iraq, into situations in Iraq
where imminent involvement in hostilities is clearly indicated by the
circumstances, or into Iraqi territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such Resolution (50
U.S.C. 1542 and 1543).
Sec. 8117. None of the funds provided in this Act for the T-AO(X)
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Auxiliary equipment (including
pumps) for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes.
Sec. 8118. Notwithstanding any other provision of this Act, to
reflect savings due to lower than anticipated fuel costs, the total
amount appropriated in title II of this Act is hereby reduced by
$110,780,000.
Sec. 8119. None of the funds made available by this Act may be
used for Government Travel Charge Card expenses by military or civilian
personnel of the Department of Defense for gaming, or for entertainment
that includes topless or nude entertainers or participants, as
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8120. None of the funds made available by this Act may be
used to propose, plan for, or execute a new or additional Base
Realignment and Closure (BRAC) round.
Sec. 8121. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $289,255,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. 4405): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses related
to the National Defense Reserve Fleet.
(including transfer of funds)
Sec. 8122. Of the amounts appropriated in this Act, the Secretary
of Defense may use up to $46,000,000 under the heading ``Operation and
Maintenance, Defense-Wide'', and up to $45,000,000 under the heading
``Research, Development, Test and Evaluation, Defense-Wide'' to
develop, replace, and sustain Federal Government security and
suitability background investigation information technology systems of
the Office of Personnel Management or other Federal agency responsible
for conducting such investigations: Provided, That the Secretary may
transfer additional amounts into these headings or into ``Procurement,
Defense-Wide'' using established reprogramming procedures prescribed in
the Department of Defense Financial Management Regulation 7000.14,
Volume 3, Chapter 6, dated September 2015: Provided further, That such
funds shall supplement, not supplant any other amounts made available
to other Federal agencies for such purposes.
Sec. 8123. None of the funds made available by this Act may be
used to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8124. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities, or for any activity necessary
for the national defense, including intelligence activities.
Sec. 8125. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by this Act
to the Global Engagement Center established by section 1287 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 22 U.S.C. 2656 note) shall be made in accordance
with section 8005 or 9002 of this Act, as applicable.
Sec. 8126. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under section 804(d)
of the National Defense Authorization Act for Fiscal Year 2016 (10
U.S.C. 2302 note); or
(2) credited to a military-department specific fund established
under section 804(d)(2) of the National Defense Authorization Act
for Fiscal Year 2016 (as amended by section 897 of the National
Defense Authorization Act for Fiscal Year 2017).
Sec. 8127. In addition to amounts provided elsewhere in this Act,
there is appropriated $235,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to remain available until
expended: Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Economic Adjustment
of the Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal funds to
construct, renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity or
facility condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic Adjustment
or the Secretary of Education shall give priority consideration to
those military installations with schools having the most serious
capacity or facility condition deficiencies as determined by the
Secretary of Defense: Provided further, That as a condition of
receiving funds under this section a local educational agency or State
shall provide a matching share as described in the notice titled
``Department of Defense Program for Construction, Renovation, Repair or
Expansion of Public Schools Located on Military Installations''
published by the Department of Defense in the Federal Register on
September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided further, That
these provisions apply to funds provided under this section, and to
funds previously provided by Congress to construct, renovate, repair,
or expand elementary and secondary public schools on military
installations in order to address capacity or facility condition
deficiencies at such schools to the extent such funds remain
unobligated on the date of enactment of this section.
Sec. 8128. In carrying out the program described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services for the
Benefit of Seriously or Severely Ill/Injured (Category II or III)
Active Duty Service Members'' issued by the Assistant Secretary of
Defense for Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall apply such
policy and guidance, except that--
(1) the limitation on periods regarding embryo cryopreservation
and storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall include
embryo cryopreservation and storage without limitation on the
duration of such cryopreservation and storage.
Sec. 8129. None of the funds made available by this Act may be
used to provide arms, training, or other assistance to the Azov
Battalion.
Sec. 8130. None of the funds made available by this Act may be
used to purchase heavy water from Iran.
Sec. 8131. Section 316(a)(2) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) is amended by striking
``the study under this subsection'' and inserting ``the study and
assessment under this section''.
Sec. 8132. Notwithstanding any other provision of law, from funds
made available to the Department of Defense in title II of this Act
under the heading ``Operation and Maintenance, Defense-Wide'',
$15,000,000 shall be available for a project in a country designated by
the Secretary of Defense: Provided, That in furtherance of the project
the Department of Defense is authorized to acquire services, including
services performed pursuant to a grant agreement, from another Federal
agency, on an advance of funds or reimbursable basis: Provided
further, That an order for services placed under this section is deemed
to be an obligation in the same manner that a similar order placed
under a contract with a private contractor is an obligation.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,683,694,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$377,857,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$103,979,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$914,119,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$24,942,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$9,091,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$2,328,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$20,569,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$184,589,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $5,004,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$17,352,994,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$6,449,404,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,401,536,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $10,873,895,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,575,195,000: Provided, That of the funds provided under
this heading, not to exceed $1,000,000,000, to remain available until
September 30, 2019, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and Syria:
Provided further, That such reimbursement payments may be made in such
amounts as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on documentation
determined by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days following
notification to the appropriate congressional committees: Provided
further, That these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized equipment
and providing such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United States
military and stability operations in Afghanistan and to counter the
Islamic State of Iraq and Syria, and 15 days following notification to
the appropriate congressional committees: Provided further, That these
funds may be used to support the Government of Jordan, in such amounts
as the Secretary of Defense may determine, to enhance the ability of
the armed forces of Jordan to increase or sustain security along its
borders, upon 15 days prior written notification to the congressional
defense committees outlining the amounts intended to be provided and
the nature of the expenses incurred: Provided further, That of the
funds provided under this heading, not to exceed $750,000,000, to
remain available until September 30, 2019, shall be available to
provide support and assistance to foreign security forces or other
groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of Defense
security cooperation programs: Provided further, That the Secretary of
Defense shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $24,699,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $23,980,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $3,367,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $53,523,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $108,111,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $15,400,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $4,666,815,000, to
remain available until September 30, 2019: Provided, That such funds
shall be available to the Secretary of Defense for the purpose of
allowing the Commander, Combined Security Transition Command--
Afghanistan, or the Secretary's designee, to provide assistance, with
the concurrence of the Secretary of State, to the security forces of
Afghanistan, including the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation, construction,
and funding: Provided further, That the Secretary of Defense may
obligate and expend funds made available to the Department of Defense
in this title for additional costs associated with existing projects
previously funded with amounts provided under the heading ``Afghanistan
Infrastructure Fund'' in prior Acts: Provided further, That such costs
shall be limited to contract changes resulting from inflation, market
fluctuation, rate adjustments, and other necessary contract actions to
complete existing projects, and associated supervision and
administration costs and costs for design during construction:
Provided further, That the Secretary may not use more than $50,000,000
under the authority provided in this section: Provided further, That
the Secretary shall notify in advance such contract changes and
adjustments in annual reports to the congressional defense committees:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation
of any contribution, delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the congressional
defense committees in writing of the details of any such obligation:
Provided further, That the Secretary of Defense shall notify the
congressional defense committees of any proposed new projects or
transfer of funds between budget sub-activity groups in excess of
$20,000,000: Provided further, That the United States may accept
equipment procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of Afghanistan
and returned by such forces to the United States: Provided further,
That equipment procured using funds provided under this heading in this
or prior Acts, and not yet transferred to the security forces of
Afghanistan or transferred to the security forces of Afghanistan and
returned by such forces to the United States, may be treated as stocks
of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That of the funds
provided under this heading, not less than $10,000,000 shall be for
recruitment and retention of women in the Afghanistan National Security
Forces, and the recruitment and training of female security personnel:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $1,769,000,000, to remain available until September 30, 2019:
Provided, That such funds shall be available to the Secretary of
Defense in coordination with the Secretary of State, to provide
assistance, including training; equipment; logistics support, supplies,
and services; stipends; infrastructure repair and renovation; and
sustainment, to foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their affiliated or
associated groups: Provided further, That these funds may be used in
such amounts as the Secretary of Defense may determine to enhance the
border security of nations adjacent to conflict areas including Jordan,
Lebanon, Egypt, and Tunisia resulting from actions of the Islamic State
of Iraq and Syria: Provided further, That amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a security mission
to counter the Islamic State of Iraq and Syria, and following written
notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating from this
appropriation account, notify the congressional defense committees in
writing of the details of any such obligation: Provided further, That
the Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Government
of Iraq and other entities, to carry out assistance authorized under
this heading: Provided further, That contributions of funds for the
purposes provided herein from any foreign government or other entity
may be credited to this Fund, to remain available until expended, and
used for such purposes: Provided further, That the Secretary of
Defense may waive a provision of law relating to the acquisition of
items and support services or sections 40 and 40A of the Arms Export
Control Act (22 U.S.C. 2780 and 2785) if the Secretary determines that
such provision of law would prohibit, restrict, delay or otherwise
limit the provision of such assistance and a notice of and
justification for such waiver is submitted to the congressional defense
committees, the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and Foreign Affairs of
the House of Representatives: Provided further, That the United States
may accept equipment procured using funds provided under this heading,
or under the heading, ``Iraq Train and Equip Fund'' in prior Acts, that
was transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter the
Islamic State of Iraq and Syria and returned by such forces or groups
to the United States, may be treated as stocks of the Department of
Defense upon written notification to the congressional defense
committees: Provided further, That equipment procured using funds
provided under this heading, or under the heading, ``Iraq Train and
Equip Fund'' in prior Acts, and not yet transferred to security forces,
irregular forces, or groups participating, or preparing to participate
in activities to counter the Islamic State of Iraq and Syria may be
treated as stocks of the Department of Defense when determined by the
Secretary to no longer be required for transfer to such forces or
groups and upon written notification to the congressional defense
committees: Provided further, That the Secretary of Defense shall
provide quarterly reports to the congressional defense committees on
the use of funds provided under this heading, including, but not
limited to, the number of individuals trained, the nature and scope of
support and sustainment provided to each group or individual, the area
of operations for each group, and the contributions of other countries,
groups, or individuals: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$420,086,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$709,283,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $1,191,139,000, to remain available until
September 30, 2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$191,836,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$405,575,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$157,300,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$130,994,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $233,406,000, to remain available until September 30,
2020: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$239,359,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$64,307,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$503,938,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$481,700,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Space Procurement, Air Force
For an additional amount for ``Space Procurement, Air Force'',
$2,256,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $551,509,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$3,324,590,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$517,041,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $1,300,000,000, to remain
available for obligation until September 30, 2020: Provided, That the
Chiefs of National Guard and Reserve components shall, not later than
30 days after enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or modify
missiles, munitions, or ammunition: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $235,368,000, to remain available until September
30, 2019: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $167,565,000, to remain available until September
30, 2019: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $129,608,000, to remain available until
September 30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $394,396,000, to remain available until
September 30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$148,956,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$395,805,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $196,300,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $24,692,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2018.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $2,250,000,000 between the appropriations or funds made available to
the Department of Defense in this title: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005 of this Act.
Sec. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project
funded with appropriations available for operation and maintenance or
the ``Afghanistan Security Forces Fund'' provided in this Act and
executed in direct support of overseas contingency operations in
Afghanistan, may be obligated at the time a construction contract is
awarded: Provided, That, for the purpose of this section, supervision
and administration costs and costs for design during construction
include all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the United States Central Command area of
responsibility: (1) passenger motor vehicles up to a limit of $75,000
per vehicle; and (2) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts appropriated by
this title under the heading ``Operation and Maintenance, Army'' may be
used, notwithstanding any other provision of law, to fund the
Commanders' Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent,
small-scale, humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project (including
any ancillary or related elements in connection with such project)
executed under this authority shall not exceed $2,000,000: Provided
further, That not later than 45 days after the end of each 6 months of
the fiscal year, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the source of funds
and the allocation and use of funds during that 6-month period that
were made available pursuant to the authority provided in this section
or under any other provision of law for the purposes described herein:
Provided further, That, not later than 30 days after the end of each
fiscal year quarter, the Army shall submit to the congressional defense
committees quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less than 15 days
before making funds available pursuant to the authority provided in
this section or under any other provision of law for the purposes
described herein for a project with a total anticipated cost for
completion of $500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing each of
the following:
(1) The location, nature and purpose of the proposed project,
including how the project is intended to advance the military
campaign plan for the country in which it is to be carried out.
(2) The budget, implementation timeline with milestones, and
completion date for the proposed project, including any other CERP
funding that has been or is anticipated to be contributed to the
completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or a
third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to allied
forces participating in a combined operation with the armed forces of
the United States and coalition forces supporting military and
stability operations in Afghanistan and to counter the Islamic State of
Iraq and Syria: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees regarding
support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Iraq.
(2) To exercise United States control over any oil resource of
Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code of
Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-
148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the Department of Defense must certify to the
congressional defense committees that the AROC has convened and
approved a process for ensuring compliance with the requirements in the
preceding proviso and accompanying report language for the ASFF.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item unit cost
of not more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by this Act
for the Defense Security Cooperation Agency in ``Operation and
Maintenance, Defense-Wide'' may be used to provide assistance to the
Government of Jordan to support the armed forces of Jordan and to
enhance security along its borders.
Sec. 9012. None of the funds made available by this Act under the
heading ``Counter-ISIS Train and Equip Fund'' may be used to procure or
transfer man-portable air defense systems.
Sec. 9013. For the ``Ukraine Security Assistance Initiative'',
$200,000,000 is hereby appropriated, to remain available until
September 30, 2018: Provided, That such funds shall be available to
the Secretary of Defense, in coordination with the Secretary of State,
to provide assistance, including training; equipment; lethal weapons of
a defensive nature; logistics support, supplies and services;
sustainment; and intelligence support to the military and national
security forces of Ukraine, and for replacement of any weapons or
defensive articles provided to the Government of Ukraine from the
inventory of the United States: Provided further, That the Secretary
of Defense shall, not less than 15 days prior to obligating funds
provided under this heading, notify the congressional defense
committees in writing of the details of any such obligation: Provided
further, That the United States may accept equipment procured using
funds provided under this heading in this or prior Acts that was
transferred to the security forces of Ukraine and returned by such
forces to the United States: Provided further, That equipment procured
using funds provided under this heading in this or prior Acts, and not
yet transferred to the military or National Security Forces of Ukraine
or returned by such forces to the United States, may be treated as
stocks of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That amounts made
available by this section are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 9014. Funds appropriated in this title shall be available for
replacement of funds for items provided to the Government of Ukraine
from the inventory of the United States to the extent specifically
provided for in section 9013 of this Act.
Sec. 9015. None of the funds made available by this Act under
section 9013 for ``Assistance and Sustainment to the Military and
National Security Forces of Ukraine'' may be used to procure or
transfer man-portable air defense systems.
Sec. 9016. (a) None of the funds appropriated or otherwise made
available by this Act under the heading ``Operation and Maintenance,
Defense-Wide'' for payments under section 1233 of Public Law 110-181
for reimbursement to the Government of Pakistan may be made available
unless the Secretary of Defense, in coordination with the Secretary of
State, certifies to the congressional defense committees that the
Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic
and foreign terrorist organizations, including taking steps to end
support for such groups and prevent them from basing and operating
in Pakistan and carrying out cross border attacks into neighboring
countries;
(2) not supporting terrorist activities against United States
or coalition forces in Afghanistan, and Pakistan's military and
intelligence agencies are not intervening extra-judicially into
political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks and
interdicting precursor chemicals used in the manufacture of IEDs;
(4) preventing the proliferation of nuclear-related material
and expertise;
(5) implementing policies to protect judicial independence and
due process of law;
(6) issuing visas in a timely manner for United States visitors
engaged in counterterrorism efforts and assistance programs in
Pakistan; and
(7) providing humanitarian organizations access to detainees,
internally displaced persons, and other Pakistani civilians
affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary of
State, may waive the restriction in subsection (a) on a case-by-case
basis by certifying in writing to the congressional defense committees
that it is in the national security interest to do so: Provided, That
if the Secretary of Defense, in coordination with the Secretary of
State, exercises such waiver authority, the Secretaries shall report to
the congressional defense committees on both the justification for the
waiver and on the requirements of this section that the Government of
Pakistan was not able to meet: Provided further, That such report may
be submitted in classified form if necessary.
(including transfer of funds)
Sec. 9017. In addition to amounts otherwise made available in this
Act, $770,000,000 is hereby appropriated to the Department of Defense
and made available for transfer only to the operation and maintenance,
military personnel, and procurement accounts, to improve the
intelligence, surveillance, and reconnaissance capabilities of the
Department of Defense: Provided, That the transfer authority provided
in this section is in addition to any other transfer authority provided
elsewhere in this Act: Provided further, That not later than 30 days
prior to exercising the transfer authority provided in this section,
the Secretary of Defense shall submit a report to the congressional
defense committees on the proposed uses of these funds: Provided
further, That the funds provided in this section may not be transferred
to any program, project, or activity specifically limited or denied by
this Act: Provided further, That amounts made available by this
section are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the authority to provide funding under this
section shall terminate on September 30, 2018.
Sec. 9018. None of the funds made available by this Act may be
used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction of
United States armed or military forces into hostilities in Syria, into
situations in Syria where imminent involvement in hostilities is
clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and
4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9019. None of the funds in this Act may be made available for
the transfer of additional C-130 cargo aircraft to the Afghanistan
National Security Forces or the Afghanistan Air Force until the
Department of Defense provides a report to the congressional defense
committees of the Afghanistan Air Force's medium airlift requirements.
The report should identify Afghanistan's ability to utilize and
maintain existing medium lift aircraft in the inventory and the best
alternative platform, if necessary, to provide additional support to
the Afghanistan Air Force's current medium airlift capacity.
(rescissions)
Sec. 9020. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985:
``Operation and Maintenance, Defense-Wide: Coalition Support
Fund'', 2017/2018, $500,000,000;
``Operation and Maintenance, Defense-Wide: DSCA Security
Cooperation'', 2017/2018, $250,000,000;
``Afghanistan Security Forces Fund'', 2017/2018, $100,000,000;
``Counter-ISIL Train and Equip Fund'', 2017/2018, $80,000,000;
``Other Procurement, Air Force'', 2017/2019, $25,100,000; and
``Counter-ISIL Overseas Contingency Operations Transfer Fund'',
XXXX, $1,610,000,000.
Sec. 9021. (a) Not later than 30 days after the date of the
enactment of this Act, the President shall submit to Congress a report
on the United States strategy to defeat Al-Qaeda, the Taliban, the
Islamic State of Iraq and Syria (ISIS), and their associated forces and
co-belligerents.
(b) The report required under subsection (a) shall include the
following:
(1) An analysis of the adequacy of the existing legal framework
to accomplish the strategy described in subsection (a),
particularly with respect to the Authorization for Use of Military
Force (Public Law 107-40; 50 U.S.C. 1541 note) and the
Authorization for Use of Military Force Against Iraq Resolution of
2002 (Public Law 107-243; 50 U.S.C. 1541 note).
(2) An analysis of the budgetary resources necessary to
accomplish the strategy described in subsection (a).
(c) Not later than 30 days after the date on which the President
submits to the appropriate congressional committees the report required
by subsection (a), the Secretary of State and the Secretary of Defense
shall testify at any hearing held by any of the appropriate
congressional committees on the report and to which the Secretary is
invited.
(d) In this section, the term ``appropriate congressional
committees'' means--
(1) the Committees on Foreign Relations, Armed Services and
Appropriations of the Senate; and
(2) the Committees on Foreign Affairs, Armed Services and
Appropriations of the House of Representatives.
Sec. 9022. Funds available for the Afghanistan Security Forces
Fund may be used to provide limited training, equipment, and other
assistance that would otherwise be prohibited by 10 U.S.C. 362 to a
unit of the security forces of Afghanistan only if the Secretary
certifies to the congressional defense committees, within 30 days of a
decision to provide such assistance, that (1) a denial of such
assistance would present significant risk to U.S. or coalition forces
or significantly undermine United States national security objectives
in Afghanistan; and (2) the Secretary has sought a commitment by the
Government of Afghanistan to take all necessary corrective steps:
Provided, That such certification shall be accompanied by a report
describing: (1) the information relating to the gross violation of
human rights; (2) the circumstances that necessitated the provision of
such assistance; (3) the Afghan security force unit involved; (4) the
assistance provided and the assistance withheld; and (5) the corrective
steps to be taken by the Government of Afghanistan: Provided further,
That every 120 days after the initial report an additional report shall
be submitted detailing the status of any corrective steps taken by the
Government of Afghanistan: Provided further, That if the Government of
Afghanistan has not initiated necessary corrective steps within one
year of the certification, the authority under this section to provide
assistance to such unit shall no longer apply: Provided further, That
the Secretary shall submit a report to such committees detailing the
final disposition of the case by the Government of Afghanistan.
This division may be cited as the ``Department of Defense
Appropriations Act, 2018''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $123,000,000, to
remain available until expended: Provided, That the Secretary shall
initiate six new study starts during fiscal year 2018: Provided
further, That the new study starts shall consist of five studies where
the majority of the benefits are derived from navigation transportation
savings or from flood and storm damage reduction and one study where
the majority of benefits are derived from environmental restoration:
Provided further, That the Secretary shall not deviate from the new
starts proposed in the work plan, once the plan has been submitted to
the Committees on Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,085,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically provided for in
law: Provided, That the Secretary shall initiate five new construction
starts during fiscal year 2018: Provided further, That the new
construction starts shall consist of four projects where the majority
of the benefits are derived from navigation transportation savings or
from flood and storm damage reduction and one project where the
majority of the benefits are derived from environmental restoration:
Provided further, That for new construction projects, project cost
sharing agreements shall be executed as soon as practicable but no
later than September 30, 2018: Provided further, That no allocation
for a new start shall be considered final and no work allowance shall
be made until the Secretary provides to the Committees on
Appropriations of both Houses of Congress an out-year funding scenario
demonstrating the affordability of the selected new starts and the
impacts on other projects: Provided further, That the Secretary may
not deviate from the new starts proposed in the work plan, once the
plan has been submitted to the Committees on Appropriations of both
Houses of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $425,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for
inland harbors shall be derived from the Harbor Maintenance Trust Fund:
Provided, That the Secretary shall initiate one new study start during
fiscal year 2018.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $3,630,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 shall be derived from that account
for resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become available
from fees collected under section 217 of Public Law 104-303 shall be
used to cover the cost of operation and maintenance of the dredged
material disposal facilities for which such fees have been collected:
Provided, That 1 percent of the total amount of funds provided for each
of the programs, projects, or activities funded under this heading
shall not be allocated to a field operating activity prior to the
beginning of the fourth quarter of the fiscal year and shall be
available for use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used for
emergency activities proportionally in accordance with the amounts
provided for the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $200,000,000, to remain
available until September 30, 2019.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $139,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $185,000,000, to remain available until September 30, 2019, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this
title shall be available to fund the civil works activities of the
Office of the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided further,
That any Flood Control and Coastal Emergencies appropriation may be
used to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2019: Provided, That not more than 75
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress a work plan that allocates at least 95 percent of the
additional funding provided under each heading in this title (as
designated under such heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act)) to specific programs, projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2018, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by this
Act, unless prior approval is received from the House and Senate
Committees on Appropriations;
(4) proposes to use funds directed for a specific activity for
a different purpose, unless prior approval is received from the
House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the House and
Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided, That
for a base level less than $100,000, the reprogramming limit is
$25,000: Provided further, That up to $25,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming limit
is $300,000: Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed conditions, or
real estate deficiency judgments: Provided further, That up to
$300,000 may be reprogrammed into any continuing study or activity
that did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall notify
the House and Senate Committees on Appropriations of these
emergency actions as soon thereafter as practicable: Provided
further, That for a base level over $1,000,000, reprogramming of 15
percent of the base amount up to a limit of $5,000,000 per project,
study, or activity is allowed: Provided further, That for a base
level less than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees
on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the House and Senate Committees
on Appropriations to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year
which shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both by
object class and program, project and activity as detailed in the
budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act and the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), including the determination and
designation of new starts.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available in this title may be
used for any acquisition of buoy chain that is not consistent with 48
CFR 225.7007, subsections (a)(1) and (a)(2).
Sec. 107. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 108. None of the funds made available by this Act may be used
to require a permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for
the activities identified in subparagraphs (A) and (C) of section
404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
Sec. 109. Relative to the Rough River Lake Flowage Easement
Encroachment Resolution Plan, the Chief of Engineers shall submit to
the Committees on Appropriations of both Houses of Congress, not later
than 180 days after the date of enactment of this Act, a report that
includes an inventory of habitable structures and improvements built,
installed, or established in the flowage easement boundary; whether
each such structure or improvement in the inventory was built,
installed or established within the flowage easement boundary before or
after the surveys conducted by the Corps of Engineers in 2013, 2014,
and 2015; and what notice landowners had of the flowage easement
boundary prior to those surveys.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $10,500,000, to remain available until expended, of
which $898,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission: Provided, That of the amount provided under
this heading, $1,450,000 shall be available until September 30, 2019,
for expenses necessary in carrying out related responsibilities of the
Secretary of the Interior: Provided further, That for fiscal year
2018, of the amount made available to the Commission under this Act or
any other Act, the Commission may use an amount not to exceed
$1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $1,332,124,000, to remain available until expended, of
which $67,693,000 shall be available for transfer to the Upper Colorado
River Basin Fund and $5,551,000 shall be available for transfer to the
Lower Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam Fund:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That of
the total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 6806 shall be derived from that
Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which the
funds were contributed: Provided further, That funds advanced under 43
U.S.C. 397a shall be credited to this account and are available until
expended for the same purposes as the sums appropriated under this
heading: Provided further, That of the amounts provided herein, funds
may be used for high-priority projects which shall be carried out by
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided further, That in accordance with section 4009(c) of Public Law
114-322 and as recommended by the Secretary in a letter dated November
21, 2017, funding provided for such purpose in fiscal year 2017 shall
be made available to the North Valley Regional Recycled Water Program,
the Orange County Sanitation District Effluent Reuse Implementation
Project--Headworks Segregation, and the Groundwater Reliability
Improvement Program (GRIP) Recycled Water Project: Provided further,
That in accordance with section 4007 of Public Law 114-322 and as
recommended by the Secretary in a letter dated February 23, 2018,
funding provided for such purpose in fiscal year 2017 shall be made
available to the Shasta Dam and Reservoir Enlargement Project, the
North-of-Delta Offstream Storage Investigation/Sites Reservoir Storage
Project, the Upper San Joaquin River Basin Storage Investigation, the
Friant-Kern Canal Subsidence Challenges Project, the Boise River Basin
Feasibility Study, the Yakima River Basin Water Enhancement Project--
Cle Elum Pool Raise, and the Upper Yakima System Storage Feasibility
Study.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $41,376,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
102-575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $37,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2019, $59,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2018, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by this Act, unless
prior approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of
the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior approval
is received from the Committees on Appropriations of the House of
Representatives and the Senate; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor
earnings due to accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received from the
Committees on Appropriations of the House of Representatives and
the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term transfer means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds reprogrammed
between programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60 days after
the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. (a) Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking
``2017'' and inserting ``2020''.
(b) Section 301 of the Reclamation States Emergency Drought Relief
Act of 1991 (43 U.S.C. 2241) is amended by--
(1) striking ``2017'' and inserting ``2020''; and
(2) striking ``$90,000,000'' and inserting ``$120,000,000''.
Sec. 204. Notwithstanding any other provision of law, during the
period from November 1 through April 30, water users may use their
diversion structures for the purpose of recharging the Eastern Snake
Plain Aquifer, when the Secretary, in consultation with the Advisory
Committee and Water District 1 watermaster, determines there is water
available in excess of that needed to satisfy existing Minidoka Project
storage and hydropower rights and ensure operational flexibility.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,321,778,000, to
remain available until expended: Provided, That of such amount,
$162,500,000 shall be available until September 30, 2019, for program
direction.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $248,329,000, to
remain available until expended: Provided, That of such amount,
$28,500,000 shall be available until September 30, 2019, for program
direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $1,205,056,000, to remain available until
expended: Provided, That of such amount, $80,000,000 shall be
available until September 30, 2019, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant
or facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $726,817,000, to remain available until expended: Provided,
That of such amount $60,000,000 shall be available until September 30,
2019, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $4,900,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $252,000,000, to remain available until expended:
Provided, That, as authorized by section 404 of the Bipartisan Budget
Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary of
Energy shall draw down and sell not to exceed $350,000,000 of crude oil
from the Strategic Petroleum Reserve in fiscal year 2018: Provided
further, That the proceeds from such drawdown and sale shall be
deposited into the ``Energy Security and Infrastructure Modernization
Fund'' during fiscal year 2018: Provided further, That such amounts
shall remain available until expended for necessary expenses to carry
out the Life Extension II project for the Strategic Petroleum Reserve:
Provided further, That section 158 of the Continuing Appropriations
Act, 2018 (division D of Public Law 115-56), as amended by the Further
Extension of Continuing Appropriations Act, 2018 (subdivision 3 of
division B of Public Law 115-123), shall no longer apply.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42
U.S.C. 6241, 6239 note), and section 5010 of the 21st Century Cures Act
(Public Law 114-255), $8,400,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $6,500,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $125,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $298,400,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$840,000,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$35,732,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 16 passenger motor vehicles
for replacement only, including one ambulance and one bus,
$6,259,903,000, to remain available until expended: Provided, That of
such amount, $183,000,000 shall be available until September 30, 2019,
for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $353,314,000, to remain available until expended:
Provided, That of such amount, $29,250,000 shall be available until
September 30, 2019, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses to carry out this Loan Guarantee
program, $33,000,000 is appropriated from fees collected in prior years
pursuant to section 1702(h) of the Energy Policy Act of 2005 which are
not otherwise appropriated, to remain available until September 30,
2019: Provided further, That if the amount in the previous proviso is
not available from such fees, an amount for such purposes is also
appropriated from the general fund so as to result in a total amount
appropriated for such purpose of no more than $23,000,000: Provided
further, That fees collected pursuant to such section 1702(h) for
fiscal year 2018 shall be credited as offsetting collections under this
heading and shall not be available until appropriated: Provided
further, That the Department of Energy shall not subordinate any loan
obligation to other financing in violation of section 1702 of the
Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to
any loan or other debt obligations in violation of section 609.10 of
title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2019.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $1,000,000, to
remain available until September 30, 2019.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$285,652,000, to remain available until September 30, 2019, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $96,000,000 in fiscal year
2018 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2018 appropriation from the general fund estimated at not more than
$189,652,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$49,000,000, to remain available until September 30, 2019.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $10,642,138,000, to
remain available until expended: Provided, That of such amount,
$105,600,000 shall be available until September 30, 2019, for program
direction.
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,048,219,000, to
remain available until expended: Provided, That of the unobligated
balances from prior year appropriations available under this heading,
$49,000,000 is hereby rescinded: Provided further, That no amounts may
be rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,620,000,000,
to remain available until expended, of which, $85,500,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such
amount, $47,651,000 shall be available until September 30, 2019, for
program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $407,595,000, to remain
available until September 30, 2019, including official reception and
representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $5,988,048,000, to
remain available until expended: Provided, That of such amount,
$300,000,000 shall be available until September 30, 2019, for program
direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $840,000,000, to remain available until expended: Provided,
That of such amount, $284,653,000 shall be available until September
30, 2019, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2018, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,379,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $6,379,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$51,000,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $30,288,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $18,888,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2018 appropriation
estimated at not more than $11,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $40,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $223,276,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $221,251,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $129,904,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2018 appropriation
estimated at not more than $93,372,000, of which $91,347,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $209,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $4,176,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $3,948,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2018 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2018, the
Administrator of the Western Area Power Administration may accept up to
$872,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $367,600,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $367,600,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2018 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2018 so as to result in a
final fiscal year 2018 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction
Agreement totaling $1,000,000 or more, including a contract covered
by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award, or
Agreement in excess of the limits in subparagraph (A) or (B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A) or
(B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded for
the full period of performance as anticipated at the time of award;
or
(2) the contract, grant, or cooperative agreement includes a
clause conditioning the Federal Government's obligation on the
availability of future year budget authority and the Secretary
notifies the Committees on Appropriations of both Houses of
Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the ``Final
Bill'' column in the ``Department of Energy'' table included under the
heading ``Title III--Department of Energy'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify
the Committees on Appropriations of both Houses of Congress at least 30
days prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or decrease
by more than $5,000,000 or 10 percent, whichever is less, during the
time period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2018 until the enactment of the Intelligence
Authorization Act for fiscal year 2018.
Sec. 303. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Enterprise Assessments to ensure the
project is in compliance with nuclear safety requirements.
Sec. 304. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 305. (a) None of the funds made available in this or any prior
Act under the heading ``Defense Nuclear Nonproliferation'' may be made
available to enter into new contracts with, or new agreements for
Federal assistance to, the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in subsection
(a) if the Secretary determines that such activity is in the national
security interests of the United States. This waiver authority may not
be delegated.
(c) A waiver under subsection (b) shall not be effective until 15
days after the date on which the Secretary submits to the Committees on
Appropriations of both Houses of Congress, in classified form if
necessary, a report on the justification for the waiver.
Sec. 306. (a) New Regional Reserves.--The Secretary of Energy may
not establish any new regional petroleum product reserve unless funding
for the proposed regional petroleum product reserve is explicitly
requested in advance in an annual budget submission and approved by the
Congress in an appropriations Act.
(b) The budget request or notification shall include--
(1) the justification for the new reserve;
(2) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(3) a detailed plan for operation of the reserve, including the
conditions upon which the products may be released;
(4) the location of the reserve; and
(5) the estimate of the total inventory of the reserve.
Sec. 307. The Secretary of Energy may not transfer more than
$274,833,000 from the amounts made available under this title to the
working capital fund established under section 653 of the Department of
Energy Organization Act (42 U.S.C. 7263): Provided, That the Secretary
may transfer additional amounts to the working capital fund after the
Secretary provides notification in advance of any such transfer to the
Committees on Appropriations of both Houses of Congress: Provided
further, That any such notification shall identify the sources of funds
by program, project, or activity: Provided further, That the Secretary
shall notify the Committees on Appropriations of both Houses of
Congress before adding or removing any activities from the fund.
Sec. 308. Not later than 90 days after the date of enactment of
this Act, the Secretary of the Department of Energy, in consultation
with the Office of Management and Budget, shall submit to the
Committees on Appropriations of both Houses of Congress a report that
provides a detailed explanation, using specific receipts data and legal
authorities, of how each of the Western Area Power Administration, the
Southwestern Power Administration, and the Southeastern Power
Administration are executing current receipt authority provided in this
and prior year appropriations Acts to create carryover of unobligated
balances for purchase power and wheeling expenditures.
Sec. 309. (a) Funds provided by this Act for Project 99-D-143,
Mixed Oxide Fuel Fabrication Facility, and any funds provided by prior
Acts for such Project that remain unobligated, may be made available
only for construction and project support activities for such Project.
(b) The Secretary of Energy shall not be subject to the
requirements of subsection (a) if the Secretary waives the requirements
of section 3121(a) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91) in accordance with subsection (b) of such
section.
(c) If the Secretary waives the requirements of section 3121(a) of
the National Defense Authorization Act for Fiscal Year 2018, the
Secretary--
(1) shall concurrently submit to the Committees on
Appropriations of both Houses of Congress the lifecycle cost
estimate used to make the certification under section 3121(b) of
such Act; and
(2) may not use funds provided for the Project to eliminate
such Project until the date that is 30 days after the submission of
the lifecycle cost estimate required under paragraph (1).
Sec. 310. The unappropriated receipts currently in the Uranium
Supply and Enrichment Activities account shall be transferred to and
merged with the Uranium Enrichment Decontamination and Decommissioning
Fund and shall be available only to the extent provided in advance in
appropriations Acts.
Sec. 311. Notwithstanding section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241), upon a determination by the
President in this fiscal year that a regional supply shortage of
refined petroleum product of significant scope and duration exists,
that a severe increase in the price of refined petroleum product will
likely result from such shortage, and that a draw down and sale of
refined petroleum product would assist directly and significantly in
reducing the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the Strategic
Petroleum Reserve. Proceeds from a sale under this section shall be
deposited into the SPR Petroleum Account established in section 167 of
the Energy Policy and Conservation Act (42 U.S.C. 6247), and such
amounts shall be available for obligation, without fiscal year
limitation, consistent with that section.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, and for expenses
necessary for the Federal Co-Chairman and the Alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$155,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $31,000,000, to
remain available until September 30, 2019.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said
Act, $25,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $30,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities: Provided further,
That notwithstanding any other provision of law regarding payment of a
non-Federal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such a non-
Federal share for programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $15,000,000, to remain available until expended:
Provided, That such amounts shall be available for administrative
expenses, notwithstanding section 15751(b) of title 40, United States
Code: Provided further, That during fiscal year 2018, the duties and
authority of the Federal Cochairperson shall be assumed by the Northern
Border Regional Commission Program Director if the position of the
Federal Cochairperson and Alternate Federal Cochairperson is vacant.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
(including rescission of funds)
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $909,137,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2019,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the
Commission: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$779,768,032 in fiscal year 2018 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That of the amounts appropriated under this heading, not less
than $10,000,000 shall be for activities related to the development of
regulatory infrastructure for advanced nuclear technologies, and
$16,200,000 shall be for international activities, except that the
amounts provided under this proviso shall not be derived from fee
revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the
sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2018 so as to result in a final fiscal year
2018 appropriation estimated at not more than $129,300,892: Provided
further, That of the amounts appropriated under this heading,
$10,000,000 shall be for university research and development in areas
relevant to the Commission's mission, and $5,000,000 shall be for a
Nuclear Science and Engineering Grant Program that will support
multiyear projects that do not align with programmatic missions but are
critical to maintaining the discipline of nuclear science and
engineering: Provided further, That $68,076.04 of unobligated balances
from the funds transferred to the Nuclear Regulatory Commission from
the United States Agency for International Development pursuant to
section 632(a) of the Foreign Assistance Act of 1961 are rescinded:
Provided further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$12,859,000, to remain available until September 30, 2019: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,555,000 in fiscal year 2018
shall be retained and be available until September 30, 2019, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2018 so as to result in a final fiscal year
2018 appropriation estimated at not more than $2,304,000: Provided
further, That of the amounts appropriated under this heading,
$1,131,000 shall be for Inspector General services for the Defense
Nuclear Facilities Safety Board, which shall not be available from fee
revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $3,600,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2019.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would
pose a substantial risk to human health, the environment, welfare, or
national security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the report of the
Committee on Appropriations accompanying this Act, or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2018''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2018
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for,
real properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy activities;
domestic finance and tax policy activities, including technical
assistance to Puerto Rico; and Treasury-wide management policies and
programs activities, $201,751,000: Provided, That of the amount
appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of a
confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted for
solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2019, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Critical Infrastructure Protection and Compliance
Policy, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, money launderers, drug kingpins, and other
national security threats, $141,778,000: Provided, That of the amount
appropriated under this heading: (1) up to $32,000,000 may be
transferred to the Departmental Offices Salaries and Expenses
appropriation and shall be available for administrative support to the
Office of Terrorism and Financial Intelligence; and (2) up to
$5,000,000 shall remain available until September 30, 2019.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $24,000,000, to remain
available until September 30, 2020: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
the Chief Information Officer of the individual offices and bureaus
shall submit a spend plan for each investment to the Treasury Chief
Information Officer for approval: Provided further, That the submitted
spend plan shall be reviewed and approved by the Treasury Chief
Information Officer prior to the obligation of funds under this
heading: Provided further, That of the total amount made available
under this heading $1,000,000 shall be available for administrative
expenses for the Treasury Chief Information Officer to provide
oversight of the investments made under this heading: Provided
further, That such funds shall supplement and not supplant any other
amounts made available to the Treasury Chief Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $4,426,000, to
remain available until September 30, 2020: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to support or supplement ``Internal Revenue
Service, Operations Support'' or ``Internal Revenue Service, Business
Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$37,044,000, including hire of passenger motor vehicles; of which not
to exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2019, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of
which not to exceed $1,000 shall be available for official reception
and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; $169,634,000, of which $5,000,000 shall remain
available until September 30, 2019; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not to exceed
$500,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $34,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $10,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$115,003,000, of which not to exceed $34,335,000 shall remain available
until September 30, 2020.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$702,000,000 are hereby permanently rescinded not later than September
30, 2018.
(including return of funds)
In addition, of amounts in the Treasury Forfeiture Fund,
$38,800,000 from funds paid to the United States Government by BNP
Paribas S.A. as part of, or related to, a plea agreement dated June 27,
2014, entered into between the Department of Justice and BNP Paribas
S.A., and subject to a consent order entered by the United States
District Court for the Southern District of New York on May 1, 2015, in
United States v. BNPP, No. 14 Cr. 460 (S.D.N.Y.), are hereby returned
to the General Fund of the Treasury.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $338,280,000; of which not to exceed $4,210,000, to remain
available until September 30, 2020, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$111,439,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That
of the amount appropriated under this heading, $5,000,000, to remain
available until September 30, 2019, shall be for the costs associated
with enforcement of the trade practice provisions of the Federal
Alcohol Administration Act (27 U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2018 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvements Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-3, $250,000,000. Of the amount
appropriated under this heading--
(1) not less than $160,000,000, notwithstanding section 108(e)
of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to Small and/
or Emerging Community Development Financial Institutions Assistance
awards, is available until September 30, 2019, for financial
assistance, technical assistance, training, and outreach under
subparagraphs (A) and (B) of section 108(a)(1), respectively, of
Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)), of which up
to $2,680,000 may be used for the cost of direct loans, and of
which up to $3,000,000, notwithstanding subsection (d) of section
108 of Public Law 103-325 (12 U.S.C. 4707 (d)), may be available to
provide financial assistance, technical assistance, training, and
outreach to community development financial institutions to expand
investments that benefit individuals with disabilities: Provided,
That the cost of direct and guaranteed loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $25,000,000;
(2) not less than $16,000,000, notwithstanding section 108(e)
of Public Law 103-325 (12 U.S.C. 4707(e)), is available until
September 30, 2019, for financial assistance, technical assistance,
training, and outreach programs designed to benefit Native
American, Native Hawaiian, and Alaska Native communities and
provided primarily through qualified community development lender
organizations with experience and expertise in community
development banking and lending in Indian country, Native American
organizations, tribes and tribal organizations, and other suitable
providers;
(3) not less than $25,000,000 is available until September 30,
2019, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections (d)
and (e) of section 108 of Public Law 103-325 (12 U.S.C. 4707(d) and
(e)), is available until September 30, 2019, for a Healthy Food
Financing Initiative to provide financial assistance, technical
assistance, training, and outreach to community development
financial institutions for the purpose of offering affordable
financing and technical assistance to expand the availability of
healthy food options in distressed communities;
(5) up to $27,000,000 is available until September 30, 2018,
for administrative expenses, including administration of CDFI fund
programs and the New Markets Tax Credit Program, of which not less
than $1,000,000 is for development of tools to better assess and
inform CDFI investment performance, and up to $300,000 is for
administrative expenses to carry out the direct loan program; and
(6) during fiscal year 2018, none of the funds available under
this heading are available for the cost, as defined in section 502
of the Congressional Budget Act of 1974, of commitments to
guarantee bonds and notes under section 114A of the Riegle
Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4713a): Provided, That commitments to guarantee bonds and
notes under such section 114A shall not exceed $500,000,000:
Provided further, That such section 114A shall remain in effect
until December 31, 2018: Provided further, That of the funds
awarded under this heading, not less than 10 percent shall be used
for awards that support investments that serve populations living
in persistent poverty counties: Provided further, That for the
purposes of this section, the term ``persistent poverty counties''
means any county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the 1990
and 2000 decennial censuses and the 2011-2015 5-year data series
available from the American Community Survey of the Census Bureau.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,506,554,000, of which not less than
$9,890,000 shall be for the Tax Counseling for the Elderly Program, of
which not less than $12,000,000 shall be available for low-income
taxpayer clinic grants, and of which not less than $15,000,000, to
remain available until September 30, 2019, shall be available for a
Community Volunteer Income Tax Assistance matching grants program for
tax return preparation assistance, of which not less than $206,000,000
shall be available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for the Taxpayer
Advocate Service, not less than $5,500,000 shall be for identity theft
casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,860,000,000, of which not to exceed
$50,000,000 shall remain available until September 30, 2019, and of
which not less than $60,257,000 shall be for the Interagency Crime and
Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics
of income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,634,000,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2019; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2020, for research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided, That not
later than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate and the Comptroller General
of the United States detailing the cost and schedule performance for
its major information technology investments, including the purpose and
life-cycle stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and strategies the
Internal Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to be
incurred in the next quarter: Provided further, That the Internal
Revenue Service shall include, in its budget justification for fiscal
year 2019, a summary of cost and schedule performance information for
its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $110,000,000, to remain available until
September 30, 2020, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 30 days after the end of
each quarter, the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General of the United States detailing the
cost and schedule performance for major information technology
investments, including the purposes and life-cycle stages of the
investments; the reasons for any cost and schedule variances; the risks
of such investments and the strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental milestones
to be achieved and costs to be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. None of the funds made available to the Internal Revenue
Service by this Act may be used to make a video unless the Service-Wide
Video Editorial Board determines in advance that making the video is
appropriate, taking into account the cost, topic, tone, and purpose of
the video.
Sec. 106. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 107. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 108. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory
scrutiny based on their ideological beliefs.
Sec. 109. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the
Treasury Inspector General for Tax Administration entitled ``Review of
the August 2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 110. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award, or
recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program or
process takes into account the conduct and Federal tax compliance
of such employee or former employee.
Sec. 111. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 112. Except to the extent provided in section 6014, 6020, or
6201(d) of the Internal Revenue Code of 1986, no funds in this or any
other Act shall be available to the Secretary of the Treasury to
provide to any person a proposed final return or statement for use by
such person to satisfy a filing or reporting requirement under such
Code.
Sec. 113. In addition to the amounts otherwise made available in
this Act for the Internal Revenue Service, $320,000,000, to be
available until September 30, 2019, shall be transferred by the
Commissioner to the ``Taxpayer Services'', ``Enforcement'', or
``Operations Support'' accounts of the Internal Revenue Service for an
additional amount to be used solely for carrying out Public Law 115-97:
Provided, That such funds shall not be available until the
Commissioner submits to the Committees on Appropriations of the House
of Representatives and the Senate a spending plan for such funds.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 114. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 115. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'', ``Special
Inspector General for the Troubled Asset Relief Program'', ``Financial
Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and
``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between
such appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 116. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 117. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 118. The Secretary of the Treasury may transfer funds from
the ``Bureau of the Fiscal Service-Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 120. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 121. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2018 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2018.
Sec. 122. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 123. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the Senate and
the House of Representatives not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 124. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided
by the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing
in the Franchise Fund.
Sec. 125. During fiscal year 2018--
(1) none of the funds made available in this or any other Act
may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for the
promotion of social welfare for purposes of section 501(c)(4) of
the Internal Revenue Code of 1986 (including the proposed
regulations published at 78 Fed. Reg. 71535 (November 29, 2013));
and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply after
the date of the enactment of this Act for purposes of determining
status under section 501(c)(4) of such Code of organizations
created on, before, or after such date.
Sec. 126. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives and the
Senate Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by object
class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within each
office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 127. Notwithstanding paragraph (2) of section 402(c) of the
Helping Families Save their Homes Act of 2009, in utilizing funds made
available by paragraph (1) of section 402(c) of such Act, the Special
Inspector General for the Troubled Asset Relief Program shall
prioritize the performance of audits or investigations of any program
that is funded in whole or in part by funds appropriated under the
Emergency Economic Stabilization Act of 2008, to the extent that such
priority is consistent with other aspects of the mission of the Special
Inspector General.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2018''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $12,917,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such expenses,
the amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $750,000, to
remain available until expended, for required maintenance, resolution
of safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,187,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $11,800,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $100,000,000, of which not to exceed
$12,800,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $101,000,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That of the funds made available for
the Office of Management and Budget by this Act, no less than three
full-time equivalent senior staff position shall be dedicated solely to
the Office of the Intellectual Property Enforcement Coordinator:
Provided further, That none of the funds provided in this or prior Acts
shall be used, directly or indirectly, by the Office of Management and
Budget, for evaluating or determining if water resource project or
study reports submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable laws,
regulations, and requirements relevant to the Civil Works water
resource planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $18,400,000:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $280,000,000,
to remain available until September 30, 2019, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for auditing
services and associated activities: Provided further, That,
notwithstanding the requirements of Public Law 106-58, any unexpended
funds obligated prior to fiscal year 2016 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as of
September 30, 2017, shall be funded at not less than the fiscal year
2017 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels based on clearly articulated
priorities and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the initial
allocation of fiscal year 2018 funding among HIDTAs not later than 45
days after enactment of this Act, and shall notify the Committees of
planned uses of discretionary HIDTA funding, as determined in
consultation with the HIDTA Directors, not later than 90 days after
enactment of this Act: Provided further, That upon a determination
that all or part of the funds so transferred from this appropriation
are not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House of
Representatives and the Senate, such amounts may be transferred back to
this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $117,093,000, to remain available until expended, which shall
be available as follows: $99,000,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,343,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of
Public Law 109-469; and $3,000,000, to remain available until expended,
shall be for activities authorized by section 103 of Public Law 114-
198: Provided, That amounts made available under this heading may be
transferred to other Federal departments and agencies to carry out such
activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $798,000, to remain available
until September 30, 2019.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $19,000,000, to remain available until expended:
Provided, That the Director of the Office of Management and Budget may
transfer these funds to one or more other agencies to carry out
projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $302,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, transfer not to exceed 10 percent of any such appropriation
to any other such appropriation, to be merged with and available for
the same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not
be increased by more than 50 percent by such transfers: Provided
further, That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. Within 90 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate on the costs of implementing the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203). Such report shall include--
(1) the estimated mandatory and discretionary obligations of
funds through fiscal year 2019, by Federal agency and by fiscal
year, including--
(A) the estimated obligations by cost inputs such as rent,
information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate such
estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
(2) the estimated receipts through fiscal year 2019 from
assessments, user fees, and other fees by the Federal agency making
the collections, by fiscal year, including--
(A) the methodology and data sources used to calculate such
estimated collections; and
(B) the specific section of such Act that authorizes the
collection of funds.
Sec. 203. (a) During fiscal year 2018, any Executive order or
Presidential memorandum issued or revoked by the President shall be
accompanied by a written statement from the Director of the Office of
Management and Budget on the budgetary impact, including costs,
benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such order
or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations and
outlays as the result of such order or memorandum, listed by
Federal agency, for each year in the 5-fiscal year period beginning
in fiscal year 2018; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year period
beginning in fiscal year 2018.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2018 due to a national emergency, the Director of
the Office of Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that such order or
memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda
shall only apply for Presidential memoranda estimated to have a
regulatory cost in excess of $100,000,000.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2018''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $82,028,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $16,153,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $31,291,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $18,889,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $5,099,061,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$8,230,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,078,713,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $50,944,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $586,999,000, of which not to exceed $20,000,000 shall remain
available until expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $90,423,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $29,265,000; of which $1,800,000 shall
remain available through September 30, 2019, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $18,699,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``26 years and 6 months'' and inserting ``27
years and 6 months''; and
(2) in the sixth sentence (relating to the District of Hawaii),
by striking ``21 years and 6 months'' and inserting ``24 years and
6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``24 years and 6 months'' and
inserting ``25 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``15 years'' and
inserting ``16 years'';
(2) in the second sentence (relating to the central District of
California), by striking ``14 years and 6 months'' and inserting
``15 years and 6 months''; and
(3) in the third sentence (relating to the western district of
North Carolina), by striking ``13 years'' and inserting ``14
years''.
Sec. 307. (a) Section 1871(b) of title 28, United States Code, is
amended in paragraph (1) by striking ``$40'' and inserting ``$50''.
(b) Effective Date.--The amendment made in subsection (a) shall
take effect 45 days after the date of enactment of this Act.
This title may be cited as the ``Judiciary Appropriations Act,
2018''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$40,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$13,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$265,400,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,000,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $121,000,000, of which not to exceed
$2,500 is for official reception and representation expenses; for the
District of Columbia Court System, $71,500,000, of which not to exceed
$2,500 is for official reception and representation expenses; and
$58,900,000, to remain available until September 30, 2019, for capital
improvements for District of Columbia courthouse facilities: Provided,
That funds made available for capital improvements shall be expended
consistent with the District of Columbia Courts master plan study and
facilities condition assessment: Provided further, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That 30 days after providing written notice to the
Committees on Appropriations of the House of Representatives and the
Senate, the District of Columbia Courts may reallocate not more than
$6,000,000 of the funds provided under this heading among the items and
entities funded under this heading: Provided further, That the Joint
Committee on Judicial Administration in the District of Columbia may,
by regulation, establish a program substantially similar to the program
set forth in subchapter II of chapter 35 of title 5, United States
Code, for employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$49,890,000, to remain available until expended: Provided, That not
more than $20,000,000 in unobligated funds provided in this account may
be transferred to and merged with funds made available under the
heading ``Federal Payment to the District of Columbia Courts,'' to be
available for the same period and purposes as funds made available
under that heading for capital improvements to District of Columbia
courthouse facilities: Provided, That funds provided under this
heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That,
notwithstanding any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$244,298,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, of which not to exceed $25,000 is
for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $180,840,000 shall be for necessary expenses of
Community Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to protection
orders or the provision of services for or related to such persons; and
of which $63,458,000 shall be available to the Pretrial Services
Agency: Provided, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by the Office
of Management and Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of other Federal
agencies: Provided further, That amounts under this heading may be
used for programmatic incentives for defendants to successfully
complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $41,829,000: Provided, That notwithstanding
any other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,000,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2019, to the Commission on Judicial Disabilities and Tenure, $295,000,
and for the Judicial Nomination Commission, $270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $45,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125
Stat. 211) including students who were not offered a scholarship during
any previous school year: Provided further, That within funds provided
for opportunity scholarships $3,200,000 shall be for the activities
specified in sections 3007(b) through 3007(d) and 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$435,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth under the
heading ``part a--summary of expenses'' and at the rate set forth under
such heading, as included in D.C. Bill 22-242, as amended as of the
date of enactment of this Act: Provided, That notwithstanding any
other provision of law, except as provided in section 450A of the
District of Columbia Home Rule Act (section 1-204.50a, D.C. Official
Code), sections 816 and 817 of the Financial Services and General
Government Appropriations Act, 2009 (secs. 47-369.01 and 47-369.02,
D.C. Official Code), and provisions of this Act, the total amount
appropriated in this Act for operating expenses for the District of
Columbia for fiscal year 2018 under this heading shall not exceed the
estimates included in D.C. Bill 22-242, as amended as of the date of
enactment of this Act or the sum of the total revenues of the District
of Columbia for such fiscal year: Provided further, That the amount
appropriated may be increased by proceeds of one-time transactions,
which are expended for emergency or unanticipated operating or capital
needs: Provided further, That such increases shall be approved by
enactment of local District law and shall comply with all reserve
requirements contained in the District of Columbia Home Rule Act:
Provided further, That the Chief Financial Officer of the District of
Columbia shall take such steps as are necessary to assure that the
District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2018, except
that the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other obligations
issued for capital projects.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $14,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan:
Provided, That the District of Columbia Water and Sewer Authority
provides a 100 percent match for this payment.
This title may be cited as the ``District of Columbia
Appropriations Act, 2018''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,100,000, to
remain available until September 30, 2019, of which not to exceed
$1,000 is for official reception and representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $8,000 for
official reception and representation expenses, $126,000,000, of which
$1,100,000 shall remain available until expended to carry out the
program, including administrative costs, required by section 1405 of
the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140;
15 U.S.C. 8004).
administrative provisions--consumer product safety commission
Sec. 501. During fiscal year 2018, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the
Consumer Product Safety Commission in the Federal Register on November
19, 2014 (79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with the
National Highway Traffic Safety Administration and the Department
of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $10,100,000, of which $1,500,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act
of 2002.
election reform program
Notwithstanding section 104(c)(2)(B) of the Help America Vote Act
of 2002 (52 U.S.C. 20904(c)(2)(B)), $380,000,000 is provided to the
Election Assistance Commission for necessary expenses to make payments
to States for activities to improve the administration of elections for
Federal office, including to enhance election technology and make
election security improvements, as authorized by sections 101, 103, and
104 of such Act: Provided, That each reference to the ``Administrator
of General Services'' or the ``Administrator'' in sections 101 and 103
shall be deemed to refer to the ``Election Assistance Commission'':
Provided further, That each reference to ``$5,000,000'' in section 103
shall be deemed to refer to ``$3,000,000'' and each reference to
``$1,000,000'' in section 103 shall be deemed to refer to ``$600,000'':
Provided further, That not later than 45 days after the date of
enactment of this Act, the Election Assistance Commission shall make
the payments to states under this heading: Provided further, That not
later than two years after receiving a payment under this heading, a
state shall make available funds for such activities in an amount equal
to 5 percent of the total amount of the payment made to the State under
this heading.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $322,035,000, to remain available until expended: Provided, That
$322,035,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of 1934,
shall be retained and used for necessary expenses and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 2018 so as to result in a final fiscal year
2018 appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $322,035,000 in fiscal
year 2018 shall not be available for obligation: Provided further,
That remaining offsetting collections from prior years collected in
excess of the amount specified for collection in each such year and
otherwise becoming available on October 1, 2017, shall not be available
for obligation: Provided further, That, notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding system
that may be retained and made available for obligation shall not exceed
$111,150,000 for fiscal year 2018: Provided further, That, of the
amount appropriated under this heading, not less than $11,020,000 shall
be for the salaries and expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004 recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Sec. 511. Section 6403 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1452) is amended by adding at the end
the following:
``(j) Reserve Source for Payment of Relocation Costs.--
``(1) Funding.--There are hereby authorized to be appropriated,
and appropriated, to the TV Broadcaster Relocation Fund established
by subsection (d), out of any monies in the Treasury not otherwise
appropriated--
``(A) for fiscal year 2018, $600,000,000, to remain
available, notwithstanding subsection (d)(4), until not later
than July 3, 2023, pursuant to this subsection; and
``(B) for fiscal year 2019, $400,000,000, to remain
available, notwithstanding subsection (d)(4), until not later
than July 3, 2023, pursuant to this subsection.
``(2) Availability of funds.--
``(A) In general.--If the Commission makes the
certification described in subparagraph (B), amounts made
available to the TV Broadcaster Relocation Fund by paragraph
(1) shall be available to the Commission to make--
``(i) reimbursements pursuant to subsection
(b)(4)(A)(i) or (b)(4)(A)(ii), including not more than
$350,000,000 for this purpose from funds made available by
paragraph (1)(A);
``(ii) payments required by subsection (k), including
not more than $150,000,000 for this purpose from funds made
available by paragraph (1)(A);
``(iii) payments required by subsection (l), including
not more than $50,000,000 for this purpose from funds made
available by paragraph (1)(A); and
``(iv) payments solely for the purposes of consumer
education relating to the reorganization of broadcast
television spectrum under subsection (b), including
$50,000,000 for this purpose from funds made available by
paragraph (1)(A).
``(B) Certification.--The certification described in this
subparagraph is a certification from the Commission to the
Secretary of the Treasury that the funds available prior to the
date of enactment of this subsection in the TV Broadcaster
Relocation Fund are likely to be insufficient to reimburse
reasonably incurred costs described in subsection (b)(4)(A)(i)
or (b)(4)(A)(ii).
``(C) Availability for payments after april 13, 2020.--
``(i) For payments to broadcast television licensees
and mvpds.--Notwithstanding subsection (b)(4)(D), the
Commission may make payments pursuant to subsection
(b)(4)(A)(i) or (b)(4)(A)(ii) from amounts made available
to the TV Broadcaster Relocation Fund by paragraph (1)
after April 13, 2020, if, before making any such payments
after such date, the Commission submits to Congress a
certification that such payments are necessary to reimburse
reasonably incurred costs described in such subsection.
``(ii) For payments to television translator stations
and low power television stations.--Amounts made available
to the TV Broadcaster Relocation Fund by paragraph (1)
shall not be available to the Commission to make payments
required by subsection (k) after April 13, 2020, unless,
before making any such payments after such date, the
Commission submits to Congress a certification that such
payments are necessary to reimburse costs reasonably
incurred by a television translator station or low power
television station (as such terms are defined in subsection
(k)) on or after January 1, 2017, in order for such station
to relocate its television service from one channel to
another channel or otherwise modify its facility as a
result of the reorganization of broadcast television
spectrum under subsection (b).
``(iii) For payments to fm broadcast stations.--Amounts
made available to the TV Broadcaster Relocation Fund by
paragraph (1) shall not be available to the Commission to
make payments required by subsection (l) after April 13,
2020, unless, before making any such payments after such
date, the Commission submits to Congress a certification
that such payments are necessary to reimburse costs
reasonably incurred by an FM broadcast station (as defined
in subsection (l)) for facilities necessary for such
station to reasonably minimize disruption of service as a
result of the reorganization of broadcast television
spectrum under subsection (b).
``(3) Unused funds rescinded and deposited into the general
fund of the treasury.--
``(A) Rescission and deposit.--If any unobligated amounts
made available to the TV Broadcaster Relocation Fund by
paragraph (1) remain in the Fund after the date described in
subparagraph (B), such amounts shall be rescinded and deposited
into the general fund of the Treasury, where such amounts shall
be dedicated for the sole purpose of deficit reduction.
``(B) Date described.--The date described in this
subparagraph is the earlier of--
``(i) the date of a certification by the Commission
under subparagraph (C) that all reimbursements pursuant to
subsections (b)(4)(A)(i) and (b)(4)(A)(ii) have been made
and that all reimbursements pursuant to subsections (k) and
(l) have been made; or
``(ii) July 3, 2023.
``(C) Certification.--If all reimbursements pursuant to
subsections (b)(4)(A)(i) and (b)(4)(A)(ii) and all
reimbursements pursuant to subsections (k) and (l) have been
made before July 3, 2023, the Commission shall submit to the
Secretary of the Treasury a certification that all such
reimbursements have been made.
``(4) Administrative costs.--The amount of auction proceeds
that the salaries and expenses account of the Commission is
required to retain under section 309(j)(8)(B) of the Communications
Act of 1934 (47 U.S.C. 309(j)(8)(B)), including from the proceeds
of the forward auction under this section, shall be sufficient to
cover the administrative costs incurred by the Commission in making
any reimbursements out of the TV Broadcaster Relocation Fund from
amounts made available to that Fund by paragraph (1).
``(k) Payment of Relocation Costs of Television Translator Stations
and Low Power Television Stations.--
``(1) Payment required.--From amounts made available under
subsection (j)(2), the Commission shall reimburse costs reasonably
incurred by a television translator station or low power television
station on or after January 1, 2017, in order for such station to
relocate its television service from one channel to another channel
or otherwise modify its facility as a result of the reorganization
of broadcast television spectrum under subsection (b). Only
stations that are eligible to file and do file an application in
the Commission's Special Displacement Window are eligible to seek
reimbursement under this paragraph.
``(2) Limitation.--The Commission may not make reimbursements
under paragraph (1) for lost revenues.
``(3) Duplicative payments prohibited.--In the case of a low
power television station that has been accorded primary status as a
Class A television licensee under section 73.6001(a) of title 47,
Code of Federal Regulations--
``(A) if the licensee of such station has received
reimbursement with respect to such station under subsection
(b)(4)(A)(i) (including from amounts made available under
subsection (j)(2)(A)(i)), or from any other source, such
station may not receive reimbursement under paragraph (1); and
``(B) if such station has received reimbursement under
paragraph (1), the licensee of such station may not receive
reimbursement with respect to such station under subsection
(b)(4)(A)(i).
``(4) Additional limitation.--The Commission may not make
reimbursement under paragraph (1) for costs incurred to resolve
mutually exclusive applications, including costs incurred in any
auction of available channels.
``(5) Definitions.--In this subsection:
``(A) Low power television station.--The term `low power
television station' means a low power TV station (as defined in
section 74.701 of title 47, Code of Federal Regulations) that
was licensed and transmitting for at least 9 of the 12 months
prior to April 13, 2017. For purposes of the preceding
sentence, the operation of analog and digital companion
facilities may be combined.
``(B) Television translator station.--The term `television
translator station' means a television broadcast translator
station (as defined in section 74.701 of title 47, Code of
Federal Regulations) that was licensed and transmitting for at
least 9 of the 12 months prior to April 13, 2017. For purposes
of the preceding sentence, the operation of analog and digital
companion facilities may be combined.
``(l) Payment of Relocation Costs of Fm Broadcast Stations.--
``(1) Payment required.--
``(A) In general.--From amounts made available under
subsection (j)(2), the Commission shall reimburse costs
reasonably incurred by an FM broadcast station for facilities
necessary for such station to reasonably minimize disruption of
service as a result of the reorganization of broadcast
television spectrum under subsection (b).
``(B) Limitation.--The Commission may not make
reimbursements under subparagraph (A) for lost revenues.
``(C) Duplicative payments prohibited.--If an FM broadcast
station has received a payment for interim facilities from the
licensee of a television broadcast station that was reimbursed
for such payment under subsection (b)(4)(A)(i) (including from
amounts made available under subsection (j)(2)(A)(i)), or from
any other source, such FM broadcast station may not receive any
reimbursements under subparagraph (A).
``(2) Fm broadcast station defined.--In this subsection, the
term `FM broadcast station' has the meaning given such term in
section 73.310 of title 47, Code of Federal Regulations, and
includes an FM translator, which has the meaning given the term `FM
translator' in section 74.1201 of such title.
``(m) Rulemaking.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Commission shall complete a
rulemaking to implement subsections (k) and (l).
``(2) Matters for inclusion.--The rulemaking completed under
paragraph (1) shall include the development of lists of reasonable
eligible costs to be reimbursed by the Commission pursuant to
subsections (k) and (l), and procedures for the submission and
review of cost estimates and other materials related to those costs
consistent with the regulations developed by the Commission
pursuant to subsection (b)(4).
``(n) Rule of Construction.--
``(1) Nothing in subsections (j) through (m) shall alter the
final transition phase completion date established by the
Commission for full power and Class A television stations.''.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$39,136,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $71,250,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$26,200,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding
31 U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $306,317,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $126,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any other
provision of law, not to exceed $16,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2018, so as to result in a final fiscal
year 2018 appropriation from the general fund estimated at not more
than $164,317,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $9,073,938,000, of which--
(1) $692,069,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $132,979,000 shall be for the Alexandria Bay, New York,
Land Port of Entry;
(B) $121,848,000 shall be for the San Diego, California,
Otay Mesa Land Port of Entry;
(C) $137,242,000 shall be for the Harrisburg, Pennsylvania,
United States Courthouse, as requested by the Federal
Judiciary;
(D) $110,000,000 shall be for the Huntsville, Alabama,
United States Courthouse, as requested by the Federal
Judiciary;
(E) $190,000,000 shall be for the Fort Lauderdale, Florida,
United States Courthouse, as requested by the Federal
Judiciary:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the extent
that savings are effected in other such projects, but not to exceed
10 percent of the amounts included in a transmitted prospectus, if
required, unless advance approval is obtained from the Committees
on Appropriations of a greater amount;
(2) $666,335,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $289,245,000 is for Major Repairs and Alterations;
(B) $312,090,000 is for Basic Repairs and Alterations; and
(C) $65,000,000 is for Special Emphasis Programs, of
which--
(i) $25,000,000 is for Fire and Life Safety;
(ii) $20,000,000 is for Judiciary Capital Security; and
(iii) $20,000,000 is for Consolidation Activities:
Provided, That consolidation projects result in reduced
annual rent paid by the tenant agency: Provided further,
That no consolidation project exceed $10,000,000 in costs:
Provided further, That consolidation projects are approved
by each of the committees specified in section 3307(a) of
title 40, United States Code: Provided further, That
preference is given to consolidation projects that achieve
a utilization rate of 130 usable square feet or less per
person for office space: Provided further, That the
obligation of funds under this paragraph for consolidation
activities may not be made until 10 days after a proposed
spending plan and explanation for each project to be
undertaken, including estimated savings, has been submitted
to the Committees on Appropriations of the House of
Representatives and the Senate:
Provided, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall,
for prospectus projects, be limited to the amount identified for
each project, except each project in this or any previous Act may
be increased by an amount not to exceed 10 percent unless advance
approval is obtained from the Committees on Appropriations of a
greater amount: Provided further, That additional projects for
which prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the amounts
provided in this or any prior Act for ``Repairs and Alterations''
may be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum standards
for security in accordance with current law and in compliance with
the reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference between
the funds appropriated and expended on any projects in this or any
prior Act, under the heading ``Repairs and Alterations'', may be
transferred to Basic Repairs and Alterations or used to fund
authorized increases in prospectus projects: Provided further,
That the amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the Government
arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects;
(3) $5,493,768,000 for rental of space to remain available
until expended; and
(4) $2,221,766,000 for building operations to remain available
until expended, of which $1,146,089,000 is for building services,
and $1,075,677,000 is for salaries and expenses: Provided, That
not to exceed 5 percent of any appropriation made available under
this paragraph for building operations may be transferred between
and merged with such appropriations upon notification to the
Committees on Appropriations of the House of Representatives and
the Senate, but no such appropriation shall be increased by more
than 5 percent by any such transfers: Provided further, That
section 521 of this title shall not apply with respect to funds
made available under this heading for building operations:
Provided further, That the total amount of funds made available
from this Fund to the General Services Administration shall not be
available for expenses of any construction, repair, alteration and
acquisition project for which a prospectus, if required by 40
U.S.C. 3307(a), has not been approved, except that necessary funds
may be expended for each project for required expenses for the
development of a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control
as may be appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056, shall
be available from such revenues and collections: Provided further,
That revenues and collections and any other sums accruing to this
Fund during fiscal year 2018, excluding reimbursements under 40
U.S.C. 592(b)(2), in excess of the aggregate new obligational
authority authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and shall not
be available for expenditure except as authorized in appropriations
Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109; $53,499,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction, management, and communications; and services as
authorized by 5 U.S.C. 3109; $45,645,000, of which $24,357,000 is for
Real and Personal Property Management and Disposal; $21,288,000 is for
the Office of the Administrator, of which not to exceed $7,500 is for
official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$8,795,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $65,000,000: Provided, That not
to exceed $50,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $4,754,000.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Products and Programs,
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
for necessary expenses in support of interagency projects that enable
the Federal Government to enhance its ability to conduct activities
electronically, through the development and implementation of
innovative uses of information technology; $50,000,000, to be deposited
into the Federal Citizen Services Fund: Provided, That the previous
amount may be transferred to Federal agencies to carry out the purpose
of the Federal Citizen Services Fund: Provided further, That the
appropriations, revenues, reimbursements, and collections deposited
into the Fund shall be available until expended for necessary expenses
of Federal Citizen Services and other activities that enable the
Federal Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed $100,000,000:
Provided further, That appropriations, revenues, reimbursements, and
collections accruing to this Fund during fiscal year 2018 in excess of
such amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts: Provided
further, That any appropriations provided to the Electronic Government
Fund that remain unobligated may be transferred to the Federal Citizen
Services Fund: Provided further, That the transfer authorities
provided herein shall be in addition to any other transfer authority
provided in this Act.
technology modernization fund
For the Technology Modernization Fund, $100,000,000, to remain
available until expended, for technology-related modernization
activities.
Asset Proceeds and Space Management Fund
For carrying out the purposes of the Federal Assets Sale and
Transfer Act of 2016 (Public Law 114-287), $5,000,000, to be deposited
into the Asset Proceeds and Space Management Fund, to remain available
until expended.
environmental review improvement fund
For necessary expenses of the Environmental Review Improvement Fund
established pursuant to 42 U.S.C. 4370m-8(d), $1,000,000, to remain
available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2018 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2019
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project Priorities
plan; and (3) includes a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading Federal
Buildings Fund, Limitations on Availability of Revenue, claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 526. With respect to each project funded under the heading
``Major Repairs and Alterations'' or ``Judiciary Capital Security
Program'', and with respect to E-Government projects funded under the
heading ``Federal Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act.
Sec. 527. Section 16 of the Federal Assets Sale and Transfer Act
of 2016 (Public Law 114-287) is amended--
(1) by inserting the following at the end of subparagraph
(a)(1): ``The Account shall be under the custody and control of the
Chairperson of the Board and deposits in the Account shall remain
available until expended.'';
(2) by striking subparagraph (b)(1) and inserting in lieu
thereof the following:
``(1) Establishment.--There is established in the Treasury of
the United States an account to be known as the `Public Buildings
Reform Board--Asset Proceeds and Space Management Fund' (in this
subsection referred to as the `Fund'). The Fund shall be under the
custody and control of the Administrator of General Services and
deposits in the Fund shall remain available until expended.''.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $1,000,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $44,490,000, to remain available until
September 30, 2019, and in addition not to exceed $2,345,000, to remain
available until September 30, 2019, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,975,000, to remain available until expended,
of which, notwithstanding sections 8 and 9 of such Act: (1) up to
$50,000 shall be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289); and (2)
up to $1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section 817(a) of
Public Law 106-568 (20 U.S.C. 5604(7)): Provided, That of the total
amount made available under this heading $200,000 shall be transferred
to the Office of Inspector General of the Department of the Interior,
to remain available until expended, for audits and investigations of
the Morris K. Udall and Stewart L. Udall Foundation, consistent with
the Inspector General Act of 1978 (5 U.S.C. App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,366,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $384,911,000, of which $7,500,000 shall remain available
until expended for the repair, alteration, and improvement of an
additional leased facility to provide adequate storage for holdings of
the House of Representatives and the Senate.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $4,801,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $7,500,000, to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $6,000,000,
to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be
available until September 30, 2019, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $16,439,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $129,341,000: Provided,
That of the total amount made available under this heading, not to
exceed $21,000,000 shall remain available until September 30, 2019, for
information technology infrastructure modernization and Trust Fund
Federal Financial System migration or modernization, and shall be in
addition to funds otherwise made available for such purposes upon
submitting to the Committees on Appropriations of the Senate and House
of Representatives the plan of expenditure as required by the
``Consolidated Appropriations Act, 2017'': Provided further, That the
amount made available by the previous proviso may not be obligated
until the Director of the Office of Personnel Management submits to the
Committees on Appropriations of the Senate and the House of
Representatives within 90 days of enactment a plan for expenditure of
such amount, prepared in consultation with the Director of the Office
of Management and Budget, the Administrator of the United States
Digital Service, and the Secretary of Homeland Security, that--
(1) identifies the full scope and cost of the IT systems
remediation and stabilization project;
(2) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11, part 7;
(3) includes a Major IT Business Case under the requirements
established by the Office of Management and Budget Exhibit 300;
(4) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Government;
(5) complies with all Office of Management and Budget,
Department of Homeland Security and National Institute of Standards
and Technology requirements related to securing the agency's
information system as described in 44 U.S.C. 3554; and
(6) is reviewed and commented upon within 60 days of plan
development by the Inspector General of the Office of Personnel
Management, and such comments are submitted to the Director of the
Office of Personnel Management before the date of such submission:
Provided further, That of the total amount made available under this
heading, $584,000 may be made available for strengthening the capacity
and capabilities of the acquisition workforce (as defined by the Office
of Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et
seq.)), including the recruitment, hiring, training, and retention of
such workforce and information technology in support of acquisition
workforce effectiveness or for management solutions to improve
acquisition management; and in addition $131,414,000 for administrative
expenses, to be transferred from the appropriate trust funds of OPM
without regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs: Provided
further, That the provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by sections
8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title
5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during fiscal year 2018, accept donations of money, property, and
personal services: Provided further, That such donations, including
those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or reimbursement of
travel expenses, or for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,000,000, and in addition, not to exceed $25,000,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12) as amended by Public Law
107-304, the Whistleblower Protection Enhancement Act of 2012 (Public
Law 112-199), and the Uniformed Services Employment and Reemployment
Rights Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $26,535,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $15,200,000, to be derived by
transfer from the Postal Service Fund and expended as authorized by
section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $8,000,000, to
remain available until September 30, 2019.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform Board in
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287), $5,000,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,652,000,000, to remain available until
expended; of which funding for information technology initiatives shall
be increased over the fiscal year 2017 level by not less than
$45,000,000; of which not less than $14,748,358 shall be for the Office
of Inspector General; of which not to exceed $75,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence; and of which not less than $68,950,000 shall be for the
Division of Economic and Risk Analysis.
In addition to the foregoing appropriation, for costs associated
with relocation under a replacement lease for the Commission's
headquarters facilities, not to exceed $244,507,052, to remain
available until expended: Provided, That for purposes of calculating
the fee rate under section 31(j) of the Securities Exchange Act of 1934
(15 U.S.C. 78ee(j)) for fiscal year 2018, all amounts appropriated
under this heading shall be deemed to be the regular appropriation to
the Commission for fiscal year 2018: Provided further, That fees and
charges authorized by section 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed $1,652,000,000 of
such offsetting collections shall be available until expended for
necessary expenses of this account and not to exceed $244,507,052 of
such offsetting collections shall be available until expended for costs
under this heading associated with relocation under a replacement lease
for the Commission's headquarters facilities: Provided further, That
the total amount appropriated under this heading from the general fund
for fiscal year 2018 shall be reduced as such offsetting fees are
received so as to result in a final total fiscal year 2018
appropriation from the general fund estimated at not more than $0:
Provided further, That if any amount of the appropriation for costs
associated with relocation under a replacement lease for the
Commission's headquarters facilities is subsequently de-obligated by
the Commission, such amount that was derived from the general fund
shall be returned to the general fund, and such amounts that were
derived from fees or assessments collected for such purpose shall be
paid to each national securities exchange and national securities
association, respectively, in proportion to any fees or assessments
paid by such national securities exchange or national securities
association under section 31 of the Securities Exchange Act of 1934 (15
U.S.C. 78ee) in fiscal year 2018.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $22,900,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $268,500,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2018: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2019:
Provided further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small Business
Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $247,100,000, to remain available until
September 30, 2019: Provided, That $130,000,000 shall be available to
fund grants for performance in fiscal year 2018 or fiscal year 2019 as
authorized by section 21 of the Small Business Act: Provided further,
That $31,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $18,000,000 shall be available for
grants to States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small Business
Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$19,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $9,120,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,438,172, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2018
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $7,500,000,000: Provided
further, That during fiscal year 2018 commitments for general business
loans authorized under section 7(a) of the Small Business Act shall not
exceed $29,000,000,000 for a combination of amortizing term loans and
the aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2018 commitments for loans
authorized under subparagraph (C) of section 502(7) of The Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2018
commitments to guarantee loans for debentures under section 303(b) of
the Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year 2018,
guarantees of trust certificates authorized by section 5(g) of the
Small Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $152,782,000, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
administrative provisions--small business administration
(including rescission and transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 531. Of the unobligated balances available for the Immediate
Disaster Assistance Program authorized by section 42 of the Small
Business Act (15 U.S. C. 657n) and the Expedited Disaster Assistance
Loan Program authorized by section 12085 of Public Law 110-246,
$2,600,000 are hereby permanently cancelled: Provided, That no amounts
may be cancelled from amounts that were designated by the Congress as
an emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 532. Section 7(m)(4)(E) of the Small Business Act (15 U.S.C.
636(m)(4)(E)) is amended by striking ``25 percent'' each place such
term appears and inserting ``50 percent''.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $58,118,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$245,000,000, to be derived by transfer from the Postal Service Fund
and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $50,739,887, of which $500,000
shall remain available until expended: Provided, That travel expenses
of the judges shall be paid upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2018, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization or
restructuring of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the fiscal
year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries
and expenses for an agency shall be reduced by $100,000 per day for
each day after the required date that the report has not been submitted
to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2018 from appropriations made available for salaries
and expenses for fiscal year 2018 in this Act, shall remain available
through September 30, 2019, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal Revenue
Code of 1986 and exempt from taxation under section 501(a) of such
Code from the Department of the Treasury or the Internal Revenue
Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation report,
if such individual has given express written consent for such
request not more than 6 months prior to the date of such request
and during the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act may be used
for the interagency funding and sponsorship of a joint advisory
committee to advise on emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement and
Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the Civil
Service Retirement and Disability Fund by statutory provisions
other than subchapter III of chapter 83 or chapter 84 of title 5,
United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 620. In addition to amounts made available in prior fiscal
years, the Public Company Accounting Oversight Board (Board) shall have
authority to obligate funds for the scholarship program established by
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-
204) in an amount not to exceed $1,000,000 of funds collected by the
Board between January 1, 2017 and December 31, 2017, including accrued
interest, as a result of the assessment of monetary penalties. Funds
available for obligation in fiscal year 2018 shall remain available
until expended.
Sec. 621. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 622. None of the funds made available by this Act may be used
to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate Change.
(3) Senior Advisor to the Secretary of the Treasury assigned to
the Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
Sec. 623. None of the funds in this Act may be used for the
Director of the Office of Personnel Management to award a contract,
enter an extension of, or exercise an option on a contract to a
contractor conducting the final quality review processes for background
investigation fieldwork services or background investigation support
services that, as of the date of the award of the contract, are being
conducted by that contractor.
Sec. 624. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 625. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 626. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner
that violates the Fourth Amendment to the Constitution of the United
States.
Sec. 627. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
the rules or regulations of the Commission for universal service high-
cost support for competitive eligible telecommunications carriers in a
way that is inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect on July
15, 2015: Provided, That this section shall not prohibit the
Commission from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II.
Sec. 628. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978, or to prevent or impede that Inspector
General's access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to the Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner. Each Inspector
General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House
of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
Sec. 629. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication activities, or other law enforcement- or
victim assistance-related activity.
Sec. 630. Section 633(a) of title VI of division E of the
Consolidated Appropriations Act, 2017 (Public Law 115-31) is amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
Sec. 631. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Sec. 632. (a) The United States courthouse located at 501 East
Court Street in Jackson, Mississippi, shall be known and designated as
the ``Thad Cochran United States Courthouse''.
(b) Any reference in a law, map, regulation, document, paper, or
other record of the United States to the United States courthouse
referred to in subsection (a) shall be deemed to be a reference to the
``Thad Cochran United States Courthouse''.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2018 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase of
any passenger motor vehicle (exclusive of buses, ambulances, law
enforcement vehicles, protective vehicles, and undercover surveillance
vehicles), is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits may be
exceeded by not to exceed $7,250 for police-type vehicles: Provided
further, That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles acquired
pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles: Provided further, That the limits set
forth in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel
cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in the continental United States
unless such person: (1) is a citizen of the United States; (2) is a
person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; or (4) is a
person who owes allegiance to the United States: Provided, That for
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, That for purposes of subsections (2) and (3) such affidavits
shall be submitted prior to employment and updated thereafter as
necessary: Provided further, That any person making a false affidavit
shall be guilty of a felony, and upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee of the
Government of the United States on the date of enactment of this Act,
or to international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply to the
employment as Wildland firefighters for not more than 120 days of
nonresident aliens employed by the Department of the Interior or the
USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 13693 (March 19,
2015), including any such programs adopted prior to the effective
date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation
of hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact
with any Member, committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment of such
other officer or employee or pertaining to the department or agency
of such other officer or employee in any way, irrespective of
whether such communication or contact is at the initiative of such
other officer or employee or in response to the request or inquiry
of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces
in rank, seniority, status, pay, or performance or efficiency
rating, denies promotion to, relocates, reassigns, transfers,
disciplines, or discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of employment of,
any other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing actions with
respect to such other officer or employee, by reason of any
communication or contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other
Act may be used to provide any non-public information such as mailing,
telephone or electronic mailing lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C. 105;
and
(2) includes a military department, as defined under section
102 of such title, the United States Postal Service, and the Postal
Regulatory Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, including improving coordination and reducing
duplication, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations, initiatives,
and activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-wide
Policy'' during fiscal year 2018 shall remain available for obligation
through September 30, 2019: Provided further, That such transfers or
reimbursements may only be made after 15 days following notification of
the Committees on Appropriations of the House of Representatives and
the Senate by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science and
Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall comply with any
relevant requirements in part 200 of title 2, Code of Federal
Regulations: Provided, That this section shall apply to direct
payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable
information relating to an individual's access to or use of any
Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party (including
another government agency) to collect, review, or obtain any
aggregation of data, derived from any means, that includes any
personally identifiable information relating to an individual's
access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to providing the Internet site services or to
protecting the rights or property of the provider of the Internet
site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a) with
respect to any Federal Government contract under the authority of
such Secretary if the Secretary determines that the waiver is
required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver under
paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2018, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment as
an incentive to separate, the separating agency shall remit to the
Civil Service Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of processing a
retirement claim for the preceding fiscal year. Such amounts shall
be available until expended to the Office of Personnel Management
and shall be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment described
in paragraph (1)) made by the entity, its officers or directors, or
any of its affiliates or subsidiaries to any person with the intent
or the reasonable expectation that the person will use the funds to
make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
has the meaning given such term in the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any other
Act may be used to pay for the painting of a portrait of an officer or
employee of the Federal government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2018, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2018, in an
amount that exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with such
section; and
(B) during the period consisting of the remainder of fiscal
year 2018, in an amount that exceeds, as a result of a wage survey
adjustment, the rate payable under subparagraph (A) by more than
the sum of--
(i) the percentage adjustment taking effect in fiscal year
2018 under section 5303 of title 5, United States Code, in the
rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2018 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage of
such payments which was effective in the previous fiscal year
under such section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2017, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2017, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2017.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal year
2018 under sections 5344 and 5348 of title 5, United States Code, shall
be--
(1) not less than the percentage received by employees in the
same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under sections 5303 and 5304 of title 5,
United States Code: Provided, That prevailing rate employees at
locations where there are no employees whose pay is increased
pursuant to sections 5303 and 5304 of title 5, United States Code,
and prevailing rate employees described in section 5343(a)(5) of
title 5, United States Code, shall be considered to be located in
the pay locality designated as ``Rest of United States'' pursuant
to section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2017.
Sec. 738. (a) The Vice President may not receive a pay raise in
calendar year 2018, notwithstanding the rate adjustment made under
section 104 of title 3, United States Code, or any other provision of
law.
(b) An employee serving in an Executive Schedule position, or in a
position for which the rate of pay is fixed by statute at an Executive
Schedule rate, may not receive a pay rate increase in calendar year
2018, notwithstanding schedule adjustments made under section 5318 of
title 5, United States Code, or any other provision of law, except as
provided in subsection (g), (h), or (i). This subsection applies only
to employees who are holding a position under a political appointment.
(c) A chief of mission or ambassador at large may not receive a pay
rate increase in calendar year 2018, notwithstanding section 401 of the
Foreign Service Act of 1980 (Public Law 96-465) or any other provision
of law, except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, a pay rate increase may not be received in calendar year
2018 (except as provided in subsection (g), (h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service paid
a rate of basic pay at or above level IV of the Executive Schedule;
or
(2) a limited term appointee or limited emergency appointee in
the Senior Executive Service serving under a political appointment
and paid a rate of basic pay at or above level IV of the Executive
Schedule.
(e) Any employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States Code, or
similar authority) at or above level IV of the Executive Schedule who
serves under a political appointment may not receive a pay rate
increase in calendar year 2018, notwithstanding any other provision of
law, except as provided in subsection (g), (h), or (i). This subsection
does not apply to employees in the General Schedule pay system or the
Foreign Service pay system, or to employees appointed under section
3161 of title 5, United States Code, or to employees in another pay
system whose position would be classified at GS-15 or below if chapter
51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) A career appointee in the Senior Executive Service who receives
a Presidential appointment and who makes an election to retain Senior
Executive Service basic pay entitlements under section 3392 of title 5,
United States Code, is not subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive branch and
who makes an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980 (Public Law 96-
465) is not subject to this section.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position with higher-level duties and a
pre-established higher level or range of pay, except that any such
increase must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable pay limitations in effect on December 31,
2013.
(k) If an employee affected by subsections (b) through (e) is
subject to a biweekly pay period that begins in calendar year 2018 but
ends in calendar year 2019, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
Sec. 739. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2018 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending a conference held by any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act during fiscal year 2018 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012 or any subsequent revisions to
that memorandum.
Sec. 740. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce
funding for a program, project, or activity as proposed in the
President's budget request for a fiscal year until such proposed change
is subsequently enacted in an appropriation Act, or unless such change
is made pursuant to the reprogramming or transfer provisions of this or
any other appropriations Act.
Sec. 741. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
20180 et seq.).
Sec. 742. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 743. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 744. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to Congress,
(3) the reporting to an Inspector General of a violation of any law,
rule, or regulation, or mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'': Provided,
That notwithstanding the preceding provision of this section, a
nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 745. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 746. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that was convicted of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 747. (a) During fiscal year 2018, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection
shall notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 748. If, for fiscal year 2018, new budget authority provided
in appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences
with the Congressional Budget Office, an adjustment to the
discretionary spending limit in such category for fiscal year 2018
shall be made by the Director of the Office of Management and Budget in
the amount of the excess but the total of all such adjustments shall
not exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
Sec. 749. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2018, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any program,
project, or responsibility center for which funds have been denied
or restricted;
(5) re-establishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or responsibility
center through a reprogramming of funds in excess of $3,000,000 or
10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2018.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services
Department who resides in the District of Columbia and is on call
24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of Columbia
and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an officer
or employee of the Office of the Chief Medical Examiner who resides
in the District of Columbia and is on call 24 hours a day;
(5) at the discretion of the Director of the Homeland Security
and Emergency Management Agency, an officer or employee of the
Homeland Security and Emergency Management Agency who resides in
the District of Columbia and is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used to
enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21 U.S.C. 801
et seq.) or any tetrahydrocannabinols derivative for recreational
purposes.
Sec. 810. No funds available for obligation or expenditure by the
District of Columbia government under any authority shall be expended
for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2018 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating
funds to capital funds, and such amounts, once transferred or
reprogrammed, shall retain appropriation authority consistent with the
provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so
provided herein.
Sec. 815. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2018 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2018 in this Act, shall remain available through September 30,
2019, for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on Appropriations
of the House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these requests
shall be made in compliance with reprogramming guidelines outlined in
section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2019, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Act referred to in paragraph (2)
(subject to any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is in effect)
at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2019 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion
of the annual budget for the District of Columbia government for fiscal
year 2019 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2019 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2019.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2019 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2019 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such period;
or
(2) specifically provides that no appropriation shall be made,
no funds shall be made available, or no authority shall be granted
for such project or activity to continue for such period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 817. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2018''.
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $139,602,000:
Provided, That not to exceed $30,000 shall be for official reception
and representation expenses: Provided further, That of the funds
provided under this heading, $2,000,000 shall be withheld from
obligation until the Secretary complies with section 107 of this Act.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, $710,297,000, of which $227,516,000 shall remain available
until September 30, 2019: Provided, That not to exceed $2,000 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $29,569,000, to remain
available until September 30, 2019.
research and development
For necessary expenses of the Management Directorate for research
and development, $2,545,000, to remain available until September 30,
2019.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$245,905,000, of which $77,915,000 shall remain available until
September 30, 2019: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $168,000,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. Hereafter, the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives, at the time the President's budget proposal is
submitted pursuant to section 1105(a) of title 31, United States Code,
the Future Years Homeland Security Program, as authorized by section
874 of the Homeland Security Act of 2002 (6 U.S.C. 454).
Sec. 102. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report that
includes total obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 103. (a) Notwithstanding section 518 of division F of the
Consolidated Appropriations Act, 2016 (Public Law 114-113), the
Secretary of Homeland Security shall submit a report not later than
October 15, 2018, to the Inspector General of the Department of
Homeland Security listing all grants and contracts awarded by any means
other than full and open competition during fiscal years 2017 and 2018.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2019.
Sec. 104. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 105. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9703(g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives are
notified of the proposed transfers.
Sec. 106. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 107. (a) Not later than 30 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committees on the Judiciary of the Senate and the
House of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on Homeland
Security of the House of Representatives, a report for fiscal year 2017
on visa overstay data by country as required by section 1376 of title
8, United States Code: Provided, That the report on visa overstay data
shall also include--
(1) overstays from all nonimmigrant visa categories under the
immigration laws, delineated by each of the classes and sub-classes
of such categories; and
(2) numbers as well as rates of overstays for each class and
sub-class of such nonimmigrant categories on a per-country basis.
(b) The Secretary of Homeland Security shall publish on the
Department's website the metrics developed to measure the effectiveness
of security between the ports of entry, including the methodology and
data supporting the resulting measures.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
minor aliens; the provision of air and marine support to Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Department of Homeland Security; at the discretion of
the Secretary of Homeland Security, the provision of such support to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; the purchase and lease of up to 7,500
(6,500 for replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and unmanned
aerial systems; and contracting with individuals for personal services
abroad; $11,485,164,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses related to
the collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3))
and notwithstanding section 1511(e)(1) of the Homeland Security Act of
2002 (6 U.S.C. 551(e)(1)); of which $681,441,500 shall be available
until September 30, 2019; and of which such sums as become available in
the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to exceed
$15,000,000 may be transferred to the Bureau of Indian Affairs for the
maintenance and repair of roads on Native American reservations, as
required by the Border Patrol: Provided further, That not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations: Provided further, That not to exceed
$1,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurements to
buy marine vessels, aircraft, and unmanned aerial systems,
$2,281,357,000, of which $846,343,000 shall remain available until
September 30, 2020, and of which $1,435,014,000 shall remain available
until September 30, 2022.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $6,993,975,000; of which
$6,000,000 shall remain available until expended for efforts to enforce
laws against forced child labor; of which $33,700,000 shall remain
available until September 30, 2019; of which not less than $15,000,000
shall be available for investigation of intellectual property rights
violations, including operation of the National Intellectual Property
Rights Coordination Center; of which not less than $9,000,000 shall be
available for facilities repair and maintenance projects; of which not
less than $84,000,000 shall be available for vehicle fleet
recapitalization; and of which not less than $4,110,337,000 shall be
for enforcement, detention, and removal operations, including
transportation of unaccompanied minor aliens: Provided, That not to
exceed $11,475 shall be for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 shall be
available until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081):
Provided further, That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security: Provided further,
That not to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully present in
the United States: Provided further, That of the amounts made
available under this heading, $5,000,000 shall be withheld from
obligation until the Secretary of Homeland Security submits to the
Committees on Appropriations of the Senate and the House of
Representatives the report required under section 212 of this Act.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $81,899,000, to remain
available until September 30, 2020; of which not less than $29,000,000
shall be available for facilities repair and maintenance projects.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,207,851,000, to remain
available until September 30, 2019: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2018 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $4,737,851,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$167,314,000, to remain available until September 30, 2020.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $20,190,000, to remain
available until September 30, 2019.
Coast Guard
operating expenses
For necessary expenses for the operations and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; payments pursuant to section 156 of Public Law 97-377 (42
U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$7,373,313,000; of which $503,000,000 shall be for defense-related
activities, of which $163,000,000 is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and shall be available only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress; and of which $24,500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)): Provided, That not to exceed $23,000 shall be for
official reception and representation expenses: Provided further, That
$25,000,000 shall be withheld from obligation for Coast Guard
Headquarters Directorates until a future-years capital investment plan
for fiscal years 2019 through 2023 is submitted to the Committees on
Appropriations of the Senate and the House of Representatives pursuant
to section 220 of this Act.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,397,000, to remain available until
September 30, 2022.
reserve training
For necessary expenses of the Coast Guard Reserve; operations and
maintenance of the Coast Guard Reserve Program; personnel and training
costs; and equipment and services; $114,875,000.
acquisition, construction, and improvements
For necessary expenses of the Coast Guard for acquisition,
construction, renovation, and improvement of aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), vessels, and aircraft, including equipment
related thereto, $2,694,745,000; of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); and of which $2,573,000,000 shall be available until
September 30, 2022, of which $95,000,000 shall be immediately available
and allotted to contract for long lead time materials for the eleventh
National Security Cutter notwithstanding the availability of funds for
production or post-production costs.
research, development, test, and evaluation
For necessary expenses of the Coast Guard for research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; $29,141,000, to
remain available until September 30, 2020, of which $500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State and
local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,676,117,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use for replacement only; hire of passenger
motor vehicles; purchase of motorcycles made in the United States; hire
of aircraft; rental of buildings in the District of Columbia; fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in firearms
matches; presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in advance
for commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$1,915,794,000; of which $39,692,000 shall remain available until
September 30, 2019, of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which $9,866,000 shall be for premium pay in excess of the
annual equivalent of the limitation on the rate of pay contained in
section 5547(a) of title 5, United States Code, pursuant to section 2
of the Overtime Pay for Protective Services Act of 2016 (5 U.S.C. 5547
note), as amended by the Secret Service Recruitment and Retention Act
of 2018: Provided, That not to exceed $19,125 shall be for official
reception and representation expenses: Provided further, That not to
exceed $100,000 shall be to provide technical assistance and equipment
to foreign law enforcement organizations in counterfeit investigations.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $90,480,000, to remain
available until September 30, 2020.
research and development
For necessary expenses of the United States Secret Service for
research and development, $250,000, to remain available until September
30, 2019.
Administrative Provisions
Sec. 201. (a) For fiscal year 2018, the overtime limitation
prescribed in section 5(c)(1) of the Act of February 13, 1911 (19
U.S.C. 267(c)(1)) shall be $45,000; and notwithstanding any other
provision of law, none of the funds appropriated by this Act shall be
available to compensate any employee of U.S. Customs and Border
Protection for overtime, from whatever source, in an amount that
exceeds such limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the Secretary, to be
necessary for national security purposes, to prevent excessive costs,
or in cases of immigration emergencies.
(b) None of the funds made available by this Act for the following
accounts shall be available to compensate any employee for overtime in
an annual amount in excess of $45,000:
(1) ``U.S. Immigration and Customs Enforcement--Operations and
Support'', except that the Secretary of Homeland Security, or the
designee of the Secretary, may waive such amount as necessary for
national security purposes and in cases of immigration emergencies.
(2) ``United States Secret Service--Operations and Support'',
except that the Secretary of Homeland Security, or the designee of
the Secretary, may waive such amount as necessary for national
security purposes.
Sec. 202. Funding made available under the heading ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico in addition to
funding provided by 48 U.S.C. 740.
Sec. 203. Hereafter, no U.S. Customs and Border Protection
aircraft or other related equipment, with the exception of aircraft
that are one of a kind and have been identified as excess to U.S.
Customs and Border Protection requirements and aircraft that have been
damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of Homeland
Security without prior notice to the Committees on Appropriations of
the Senate and the House of Representatives.
Sec. 204. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 205. For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $31,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation in fiscal year 2018 from amounts authorized to be
collected by section 286(i) of the Immigration and Nationality Act (8
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-25), or
other such authorizing language: Provided, That to the extent that
amounts realized from such collections exceed $31,000,000, those
amounts in excess of $31,000,000 shall be credited to this
appropriation, to remain available until expended.
Sec. 206. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 207. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels: Provided, That the
Secretary shall notify the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives within 2 business
days of any request for waivers of navigation and vessel-inspection
laws pursuant to section 501(b) of title 46, United States Code, with
respect to such transportation, and the disposition of such requests.
Sec. 208. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 209. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 210. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 211. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
Sec. 212. The Secretary of Homeland Security shall submit a report
to the Committees on Appropriations of the Senate and the House of
Representatives that (a) identifies any instance during fiscal year
2017 or 2018 in which payments have been made by U.S. Immigration and
Customs Enforcement, or employees of U.S. Immigration and Customs
Enforcement have erroneously entered into financial obligations, for
activities in violation of subpart D of part 550 of title 5, Code of
Federal Regulations; (b) includes specific actions the Office of the
Chief Financial Officer and the Office of the Principal Legal Advisor
will take to improve agency-wide understanding of such subpart D; and
(c) includes a certification by the Director of U.S. Immigration and
Customs Enforcement that the Office of the Chief Financial Officer and
the Office of the Principal Legal Advisor have developed a plan and
implemented training necessary for strengthening internal controls
necessary to avoid violations of such subpart D.
Sec. 213. (a) Notwithstanding any other provision of law, for
employees of U.S. Immigration and Customs Enforcement and their
dependents eligible for Payments During Evacuation in accordance with
title 5, Code of Federal Regulations, part 550, from August 23, 2017,
through December 1, 2017, as a result of Hurricanes Harvey, Irma, and
Maria, the requirement of section 550.405(b)(2) of such title to reduce
subsistence expenses to 60 percent of the applicable rate shall not
apply.
(b) The Secretary of Homeland Security may authorize reimbursement
for lodging, meals, and incidental expenses for such employees and
their dependents using the actual expense method set forth in subpart D
of part 301-11 of title 41, Code of Federal Regulations, subject to the
cap of 300 percent of the applicable maximum per diem rate, as provided
in such section.
Sec. 214. Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
Sec. 215. Any award by the Transportation Security Administration
to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
Sec. 216. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2018, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 217. None of the funds made available by this or any other
Act may be used by the Administrator of the Transportation Security
Administration to implement, administer, or enforce, in abrogation of
the responsibility described in section 44903(n)(1) of title 49, United
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any
airport at which the Transportation Security Administration provided
such monitoring as of December 1, 2013.
Sec. 218. None of the funds made available by this Act under the
heading ``Coast Guard--Operating Expenses'' shall be for expenses
incurred for recreational vessels under section 12114 of title 46,
United States Code, except to the extent fees are collected from owners
of yachts and credited to the appropriation made available by this Act
under the heading ``Coast Guard--Operating Expenses'': Provided, That
to the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 219. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
$10,000,000 may be reprogrammed to or from the Military Pay and
Allowances funding category within ``Coast Guard--Operating Expenses''
in accordance with subsection (a) of section 503 of this Act.
Sec. 220. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 221. None of the funds in this Act shall be used to reduce
the Coast Guard's Operations Systems Center mission or its government-
employed or contract staff levels.
Sec. 222. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 223. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 224. Funds made available for Overseas Contingency
Operations/Global War on Terrorism under the heading ``Coast Guard--
Operating Expenses'' may be allocated by program, project, and
activity, notwithstanding section 503 of this Act.
Sec. 225. Section 423 of title 14, United States Code, is amended
by inserting after subsection (c) the following:
``(d) In addition to amounts computed pursuant to subsections (a)
through (c) of this section, a full TSP member (as defined in section
8440e(a) of title 5) of the Coast Guard is entitled to continuation pay
pursuant to section 356 of title 37.''.
Sec. 226. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from Federal agencies
and entities, as defined in section 105 of title 5, United States Code,
for personnel receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of the fiscal
year shall not exceed total budgetary resources available under the
heading ``United States Secret Service--Operations and Support'' at the
end of the fiscal year.
Sec. 227. None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided, That the Director
of the United States Secret Service may enter into agreements to
provide such protection on a fully reimbursable basis.
Sec. 228. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 229. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 230. (a) Of the amount made available in this Act under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $1,571,000,000 shall be available only as follows:
(1) $251,000,000 for approximately 14 miles of secondary
fencing, all of which provides for cross-barrier visual situational
awareness, along the southwest border in the San Diego Sector;
(2) $445,000,000 for 25 miles of primary pedestrian levee
fencing along the southwest border in the Rio Grande Valley Sector;
(3) $196,000,000 for primary pedestrian fencing along the
southwest border in the Rio Grande Valley Sector;
(4) $445,000,000 for replacement of existing primary pedestrian
fencing along the southwest border;
(5) $38,000,000 for border barrier planning and design; and
(6) $196,000,000 for acquisition and deployment of border
security technology.
(b) The amounts designated in subsection (a)(2) through (a)(4)
shall only be available for operationally effective designs deployed as
of the date of the Consolidated Appropriations Act, 2017, (Public Law
115-31), such as currently deployed steel bollard designs, that
prioritize agent safety.
(c) None of the funds provided in this or any other Act shall be
obligated for construction of a border barrier in the Santa Ana
National Wildlife Refuge.
Sec. 231. (a) Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a risk-
based plan for improving security along the borders of the United
States, including the use of personnel, fencing, other forms of
tactical infrastructure, and technology, to include--
(1) A statement of goals, objectives, activities, and
milestones for the plan.
(2) A detailed implementation schedule for the plan with
estimates for the planned obligation of funds for fiscal years 2019
through 2027 that are linked to the milestone-based delivery of
specific--
(A) capabilities and services;
(B) mission benefits and outcomes;
(C) program management capabilities; and
(D) lifecycle cost estimates.
(3) A description of the manner in which specific projects
under the plan will enhance border security goals and objectives
and address the highest priority border security needs.
(4) An identification of the planned locations, quantities, and
types of resources, such as fencing, other physical barriers, or
other tactical infrastructure and technology, under the plan.
(5) A description of the methodology and analyses used to
select specific resources for deployment to particular locations
under the plan that includes--
(A) analyses of alternatives, including comparative costs
and benefits;
(B) an assessment of effects on communities and property
owners near areas of infrastructure deployment; and
(C) a description of other factors critical to the
decision-making process.
(6) An identification of staffing requirements under the plan,
including full-time equivalents, contractors, and detailed
personnel, by activity.
(7) A description of performance metrics for the plan for
assessing and reporting on the contributions of border security
capabilities realized from current and future investments.
(8) A description of the status of the actions of the
Department of Homeland Security to address open recommendations by
the Office of Inspector General and the Government Accountability
Office relating to border security, including plans, schedules, and
associated milestones for fully addressing such recommendations.
(9) A plan to consult State and local elected officials on the
eminent domain and construction process relating to physical
barriers;
(10) An analysis, following consultation with the Secretary of
the Interior and the Administrator of the Environmental Protection
Agency, of the environmental impacts, including on wildlife, of the
construction and placement of physical barriers planned along the
Southwest border, including in the Santa Ana National Wildlife
Refuge; and
(11) Certifications by the Under Secretary of Homeland Security
for Management, that--
(A) the plan has been reviewed and approved in accordance
with an acquisition review management process that complies
with capital planning and investment control and review
requirements established by the Office of Management and
Budget, including as provided in Circular A-11, part 7; and
(B) all activities under the plan comply with Federal
acquisition rules, requirements, guidelines, and practices.
(b) The Secretary shall concurrently submit the plan required in
subsection (a) to the Comptroller General of the United States, who
shall evaluate the plan and report to the Committees on Appropriations
of the Senate and the House of Representatives on the strengths and
weaknesses of such plan not later than 120 days after receiving such
plan.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
operations and support
For necessary expenses of the National Protection and Programs
Directorate for operations and support, $1,482,165,000, of which
$8,912,000 shall remain available until September 30, 2019: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.
procurement, construction, and improvements
For necessary expenses of the National Protection and Programs
Directorate for procurement, construction, and improvements,
$414,111,000, to remain available until September 30, 2019.
research and development
For necessary expenses of the National Protection and Programs
Directorate for research and development, $15,126,000, to remain
available until September 30, 2019.
Office of Health Affairs
operations and support
For necessary expenses of the Office of Health Affairs for
operations and support, $121,569,000, of which $14,020,000 shall remain
available until September 30, 2019.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,030,135,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $85,276,000, to remain
available until September 30, 2019.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,293,932,000, which shall be allocated as
follows:
(1) $507,000,000 for the State Homeland Security Grant Program
under section 2004 of the Homeland Security Act of 2002 (6 U.S.C.
605), of which $85,000,000 shall be for Operation Stonegarden, and
$10,000,000 shall be for organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax
under such 501(a) of such code) determined by the Secretary of
Homeland Security to be at high risk of a terrorist attack:
Provided, That notwithstanding subsection (c)(4) of such section
2004, for fiscal year 2018, the Commonwealth of Puerto Rico shall
make available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in accordance
with subsection (c)(1) of such section 2004.
(2) $630,000,000 for the Urban Area Security Initiative under
section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604),
of which $50,000,000 shall be for organizations (as described under
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such code) determined by the
Secretary of Homeland Security to be at high risk of a terrorist
attack.
(3) $100,000,000 for Public Transportation Security Assistance,
Railroad Security Assistance, and Over-the-Road Bus Security
Assistance under sections 1406, 1513, and 1532 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135,
1163, and 1182), of which $10,000,000 shall be for Amtrak security
and $2,000,000 shall be for Over-the-Road Bus Security: Provided,
That such public transportation security assistance shall be
provided directly to public transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance with
section 70107 of title 46, United States Code.
(5) $700,000,000, to remain available until September 30, 2019,
of which $350,000,000 shall be for Assistance to Firefighter Grants
and $350,000,000 shall be for Staffing for Adequate Fire and
Emergency Response Grants under sections 33 and 34 respectively of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229
and 2229a).
(6) $350,000,000 for emergency management performance grants
under the National Flood Insurance Act of 1968 (42 U.S.C. 4001),
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701), section 762 of title 6, United States Code, and
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
(7) $249,200,000 for the National Predisaster Mitigation Fund
under section 203 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133), to remain available
until expended.
(8) $262,531,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance Fund,
and such additional sums as may be provided by States or other
political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act of 1968 (42
U.S.C. 4101(f)(2)), to remain available until expended.
(9) $120,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331), to remain available until expended: Provided, That
not to exceed 3.5 percent shall be for total administrative costs.
(10) $275,201,000 to sustain current operations for training,
exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$7,900,720,000, to remain available until expended, of which
$7,366,000,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and is designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $203,500,000, to remain available until September 30, 2019,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $13,573,000 shall be available for mission support
associated with flood management; and of which $189,927,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2018, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $165,224,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until expended,
for flood mitigation actions and for flood mitigation assistance
under section 1366 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104c), notwithstanding sections 1366(e) and 1310(a)(7) of
such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 shall be deposited
in the National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood Insurance
Act of 1968, notwithstanding section 102(f)(8), section 1366(e), and
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C.
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
Sec. 301. Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (4) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the grantee for expenses
directly related to administration of the grant.
Sec. 302. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 303. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(4), the Administrator of the Federal Emergency Management Agency shall
brief the Committees on Appropriations of the Senate and the House of
Representatives 5 full business days in advance of announcing publicly
the intention of making an award.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 305. Notwithstanding any other provision of law, grants
awarded to States along the Southwest Border of the United States under
sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C.
604 and 605) using funds provided under the heading ``Federal Emergency
Management Agency--Federal Assistance'' for grants under paragraph (1)
in this Act, or under the heading ``Federal Emergency Management
Agency--State and Local Programs'' in Public Law 114-4, division F of
Public Law 113-76, or division D of Public Law 113-6 may be used by
recipients or sub-recipients for costs, or reimbursement of costs,
related to providing humanitarian relief to unaccompanied alien
children and alien adults accompanied by an alien minor where they are
encountered after entering the United States, provided that such costs
were incurred between January 1, 2014, and December 31, 2014, or during
the award period of performance.
Sec. 306. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2018 with
respect to budget year 2019 and current fiscal year 2018,
respectively--
(1) in paragraph (1) by substituting ``fiscal year 2019'' for
``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after ``fifth''.
Sec. 307. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
Sec. 308. The aggregate charges assessed during fiscal year 2018,
as authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program for the
next fiscal year: Provided, That the methodology for assessment and
collection of fees shall be fair and equitable and shall reflect costs
of providing such services, including administrative costs of
collecting such fees: Provided further, That such fees shall be
deposited in a Radiological Emergency Preparedness Program account as
offsetting collections and will become available for authorized
purposes on October 1, 2018, and remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support of the E-Verify Program, $108,856,000.
procurement, construction, and improvements
For necessary expenses of U.S. Citizenship and Immigration Services
for procurement, construction, and improvements of the E-Verify
Program, $22,657,000, to remain available until September 30, 2020.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $254,000,000, of which $62,701,000 shall remain available
until September 30, 2019: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $331,113,000, of which $196,361,000 shall remain
available until September 30, 2019: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $509,830,000, to remain available until
September 30, 2020.
Domestic Nuclear Detection Office
operations and support
For necessary expenses of the Domestic Nuclear Detection Office for
operations and support, $54,664,000: Provided, That not to exceed
$2,250 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Domestic Nuclear Detection Office for
procurement, construction, and improvements, $89,096,000, to remain
available until September 30, 2020.
research and development
For necessary expenses of the Domestic Nuclear Detection Office for
research and development, $145,661,000, to remain available until
September 30, 2020.
federal assistance
For necessary expenses of the Domestic Nuclear Detection Office for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $46,019,000, to remain available until September
30, 2020.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease: Provided, That
the Director of U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of employment.
Sec. 402. None of the funds made available in this Act may be used
by U.S. Citizenship and Immigration Services to grant an immigration
benefit unless the results of background checks required by law to be
completed prior to the granting of the benefit have been received by
U.S. Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.
Sec. 403. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 404. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, up to $10,000,000 may be allocated by U.S. Citizenship and
Immigration Services in fiscal year 2018 for the purpose of providing
an Immigrant Integration grants program.
(b) None of the funds made available to U.S. Citizenship and
Immigration Services for grants for immigrant integration under
subsection (a) may be used to provide services to aliens who have not
been lawfully admitted for permanent residence.
Sec. 405. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 406. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 407. (a) There is to be established a ``Federal Law
Enforcement Training Centers--Procurement, Construction, and
Improvements'' appropriations account for planning, operational
development, engineering, and purchases prior to sustainment and for
information technology-related procurement, construction, and
improvements, including non-tangible assets of the Federal Law
Enforcement Training Centers.
(b) The Director of the Federal Law Enforcement Training Centers
may accept transfers to the account established by subsection (a) from
Government agencies requesting the construction of special use
facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)):
Provided, That the Federal Law Enforcement Training Centers maintain
administrative control and ownership upon completion of such
facilities.
Sec. 408. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2018, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity, or
increases funds for any program, project, or activity for which
funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently performed
by Federal employees or any new function or activity proposed to be
performed by Federal employees in the President's budget proposal
for fiscal year 2018 for the Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity, or
numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations based upon
an initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 5 days in advance of such transfer.
Sec. 504. Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2018, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 30, 2019,
from appropriations for ``Operations and Support'' and for ``Coast
Guard--Operating Expenses'', and salaries and expenses for ``Coast
Guard--Acquisition, Construction, and Improvements'' and ``Coast
Guard--Reserve Training'' for fiscal year 2018 in this Act shall remain
available through September 30, 2019, in the account and for the
purposes for which the appropriations were provided: Provided, That
prior to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the Senate and the
House of Representatives in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2018 until the enactment of an Act authorizing
intelligence activities for fiscal year 2018.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of--
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or to
issue a letter of intent totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award items
under paragraph (1), (2), or (3), including a contract covered by
the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year for
which the funds for the award were appropriated; the type of
contract; and the account from which the funds are being drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act:
Provided, That for purposes of the preceding sentence, the term ``Buy
American Act'' means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to funds made
available in this Act in the same manner as such section applied to
funds made available in that Act.
Sec. 514. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 515. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 516. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 517. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 518. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 519. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 520. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 521. Hereafter, in developing any process to screen aviation
passengers and crews for transportation or national security purposes,
the Secretary of Homeland Security shall ensure that all such processes
take into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code, or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 523. (a) For an additional amount for financial systems
modernization, $41,800,000, to remain available until September 30,
2019.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section
503 of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 524. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 525. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 526. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided further,
That the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
Sec. 527. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 528. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time positions or
costs more than $5,000,000 in a single year before the end of the 30-
day period beginning on the date on which the Secretary of Homeland
Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such change;
(2) funding required for such change for the current year and
through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 529. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland or
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 530. (a) Funding provided in this Act for ``Operations and
Support'' and funding provided in this Act for ``Coast Guard--Operating
Expenses'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 531. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 532. For fiscal year 2018, the Secretary of Homeland Security
may provide, out of discretionary funds available to the Department of
Homeland Security, for the primary and secondary schooling of
dependents of Department of Homeland Security personnel who are
stationed outside the continental United States and for the
transportation of such dependents in the same manner and to the same
extent that, pursuant to section 544 of title 14, United States Code,
the Secretary may provide, out of funds appropriated to or for the use
of the Coast Guard, for the primary and secondary schooling of, and the
transportation of, dependents of Coast Guard personnel stationed
outside the continental United States: Provided, That no amounts may
be provided from amounts that were designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism or as an
emergency requirement pursuant to a concurrent resolution on the budget
or section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That no amounts may be provided
from amounts that were designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 533. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2019 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the Senate and the House of
Representatives specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such proposals in
the event that they are not enacted prior to October 1, 2018.
Sec. 534. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $41,000,000, to remain
available until September 30, 2019, exclusively for providing
reimbursement of extraordinary law enforcement personnel costs for
protection activities directly and demonstrably associated with any
residence of the President that is designated or identified to be
secured by the United States Secret Service.
(b) Funds under subsection (a) shall be available only for costs
that a State or local agency--
(1) incurs on or after October 1, 2017, and before October 1,
2018;
(2) can demonstrate to the Administrator as being--
(A) in excess of the costs of normal and typical law
enforcement operations;
(B) directly attributable to the provision of protection
described herein; and
(C) associated with a non-governmental property designated
or identified to be secured by the United States Secret Service
pursuant to section 3 or section 4 of the Presidential
Protection Assistance Act of 1976 (Public Law 94-524); and
(3) certifies to the Administrator as being for protection
activities requested by the Director of the United States Secret
Service.
(c) For purposes of subsection (a), a designation or identification
of a property to be secured under subsection (b)(2)(C) made after
incurring otherwise eligible costs shall apply retroactively to October
1, 2017.
(d) The Administrator may establish written criteria consistent
with subsections (a) and (b).
(e) None of the funds provided shall be for hiring new or
additional personnel.
(f) The Inspector General of the Department of Homeland Security
shall audit reimbursements made under this section.
Sec. 535. (a) The Secretary of Homeland Security may include in the
President's budget proposal for Coast Guard for fiscal year 2019,
submitted pursuant to section 1105(a) of title 31, United States Code,
and accompanying justification materials, an account structure
established by section 563 of Division F of the Consolidated
Appropriations Act, 2016 (Public Law 114-113).
(b) Not earlier than October 1, 2018, the accounts designated under
subsection (a) may be established, and the Secretary of Homeland
Security may execute appropriations of the Department as provided
pursuant to such subsection, including any continuing appropriations
made available for fiscal year 2019 before enactment of a regular
appropriations Act.
(c) Notwithstanding any other provision of law, the Secretary of
Homeland Security may transfer any appropriation made available to the
Department of Homeland Security by any appropriations Acts to the
accounts created pursuant to subsection (b) to carry out the
requirements of such subsection, and shall notify the Committees on
Appropriations of the Senate and the House of Representatives within 5
days of each transfer.
(d)(1) Not later than November 1, 2018, the Secretary of Homeland
Security shall establish the preliminary baseline for application of
reprogramming and transfer authorities and submit the report specified
in paragraph (2) to the Committees on Appropriations of the Senate and
the House of Representatives.
(2) The report required in this subsection shall include--
(A) a delineation of the amount and account of each
transfer made pursuant to subsection (b) or (c);
(B) a table for each appropriation with a separate column
to display the President's budget proposal, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, adjustments made pursuant to the transfer
authority in subsection (b) or (c), and the fiscal year level;
(C) a delineation in the table for each appropriation,
adjusted as described in paragraph (2), both by budget activity
and program, project, and activity as detailed in the Budget
Appendix; and
(D) an identification of funds directed for a specific
activity.
(e) The Secretary shall not exercise the authority provided in
subsections (b), (c), and (d) unless, not later than June 1, 2018, the
Chief Financial Officer has submitted to the Committees on
Appropriations of the Senate and the House of Representatives--
(1) technical assistance on new legislative language in the
account structure under subsection (a); and
(2) comparison tables of fiscal years 2017, 2018, and 2019 in
the account structure under subsection (a).
Sec. 536. (a) None of the funds appropriated by this or previous
appropriations Acts or otherwise made available to the Department of
Homeland Security may be used to establish accounts in the Treasury of
the United States for the Countering Weapons of Mass Destruction Office
or the Cybersecurity and Infrastructure Security Agency until Congress
has enacted a law that specifically authorizes such Office or Agency
and such authorization identifies the functions that are authorized to
be transferred to such Office or Agency.
(b) Subject to the limitation in subsection (a), if Congress enacts
a law on or after the date of enactment of this Act that specifically
authorizes the Countering Weapons of Mass Destruction Office or the
Cybersecurity and Infrastructure Security Agency and such authorization
identifies the functions that are authorized to be transferred to such
Office or Agency, the Secretary of Homeland Security may--
(1) not earlier than October 1, 2018, establish accounts in the
Treasury of the United States necessary to carry out the functions
of the Office or Agency as authorized;
(2) execute appropriations of the Department of Homeland
Security as provided in subparagraph (1), including any continuing
appropriations made available for fiscal year 2019, before
enactment of a regular appropriations Act; and
(3) transfer any funds made available to the Department of
Homeland Security by any appropriations Acts to the accounts
created in subparagraph (1) for functions that are authorized to be
transferred to such Office or Agency and to be used for the purpose
of executing authorization of such Office or Agency.
(c) The authority provided in subsection (b)(3) shall only be
available if the Secretary has notified the Committees on
Appropriations of the Senate and the House of Representatives at least
15 days in advance of each such transfer.
Sec. 537. Section 404 of the Coast Guard Authorization Act of 2010
(Public Law 111-281; 124 Stat. 2950), as amended, shall be applied in
subsection (b) by substituting ``September 30, 2018'' for ``September
30, 2017''.
Sec. 538. (a) Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) shall be applied--
(1) In subsection (a), by substituting ``September 30, 2018,''
for ``September 30, 2017,''; and
(2) In subsection (c)(1), by substituting ``September 30,
2018,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority of
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may
carry out prototype projects under section 2371b of title 10, United
States Code, and the Secretary shall perform the functions of the
Secretary of Defense as prescribed.
(c) The Secretary of Homeland Security under section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition
of nontraditional government contractor as defined in section 2371b(e)
of title 10, United States Code.
(rescissions)
Sec. 539. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177):
(1) $44,557,000 from Public Law 115-31 under the heading
``Transportation Security Administration--Operations and Support'';
(2) $1,785,697 from Public Law 108-334 under the heading
``Coast Guard--Alteration of Bridges'';
(3) $1,920,100 from Public Law 109-90 under the heading ``Coast
Guard--Alteration of Bridges'';
(4) $1,791,454 from Public Law 109-295 under the heading
``Coast Guard--Alteration of Bridges'';
(5) $3,221,594 from Public Law 110-161 under the heading
``Coast Guard--Alteration of Bridges'';
(6) $3,680,885 from Public Law 111-83 under the heading ``Coast
Guard--Alteration of Bridges'';
(7) $25,000,000 from Public Law 114-113 under the heading
``Coast Guard--Acquisition, Construction, and Improvements'';
(8) $2,000,000 from Public Law 114-113 under the heading
``Science and Technology--Research, Development, Acquisition, and
Operations'';
(9) $2,000,000 from Public Law 115-31 under the heading
``Science and Technology Directorate--Operations and Support''
account 70 17/18 0800;
(10) $6,000,000 from Public Law 115-31 under the heading
``Science and Technology Directorate--Research and Development'';
and
(11) $4,307,000 from Public Law 115-31 under the heading
``Intelligence, Analysis, and Operations Coordination--Operations
and Support''.
(rescissions)
Sec. 540. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $66,024 from ``Coast Guard--Acquisition, Construction, and
Improvements'' account 70x0613;
(2) $2,400 from ``Transportation Security Administration--
Salaries and Expenses'' account 70x0508; and
(3) $31,948 from ``U.S. Customs and Border Protection'' account
70x0503.
(rescissions)
Sec. 541. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2017 (Public Law
115-31) are rescinded:
(1) $2,941,804 from ``U.S. Customs and Border Protection--
Operations and Support'';
(2) $24,337,865 from ``Coast Guard--Operating Expenses'';
(3) $260,584 from ``Coast Guard--Reserve Training'';
(4) $308,974 from ``Coast Guard--Acquisition, Construction, and
Improvements'';
(5) $106,894 from ``Federal Emergency Management Agency--
Operations and Support''; and
(6) $23,938 from ``Office of Health Affairs--Operations and
Support''.
(rescission)
Sec. 542. From the unobligated balances available in the
Department of the Treasury Forfeiture Fund established by section 9703
of title 31, United States Code (added by section 638 of Public Law
102-393), $364,162,000 shall be permanently rescinded not later than
September 30, 2018.
Sec. 543. Notwithstanding section 5170c(b)(2)(B)(ii) of title 42,
United States Code, the Administrator of the Federal Emergency
Management Agency shall allow flood protection systems constructed in
2016 on property acquired with hazard mitigation assistance provided
under section 5170c of title 42, United States Code, in an inadvertent
violation of the terms and conditions of such assistance to remain in
place on such property: Provided, That no new or additional structure
may be erected on the property unless the new or additional structure
complies with section 5170c(b)(2)(B)(ii) of title 42, United States
Code: Provided further, That this provision does not otherwise excuse
compliance with all other applicable laws including statutes, executive
orders, regulations, and program and grant legal requirements
pertaining to the floodwall structure or the acquired property.
Sec. 544. Section 545 of title V of division F of the Consolidated
Appropriations Act, 2017, as added by section 20607 of title VI of
subdivision 1 of division B of the Bipartisan Budget Act of 2018, is
amended to read as follows:
``Sec. 545. (a) Premium Pay Authority.--During calendar year 2017,
any premium pay that is funded, either directly or through
reimbursement, by the `Federal Emergency Management Agency--Disaster
Relief Fund' shall be exempted from the aggregate of basic pay and
premium pay calculated under section 5547(a) of title 5, United States
Code, and any other provision of law limiting the aggregate amount of
premium pay payable on a biweekly or calendar year basis.
``(b) Overtime Authority.--During calendar year 2017, any overtime
pay that is funded, either directly or through reimbursement, by the
`Federal Emergency Management Agency--Disaster Relief Fund' and that is
payable under an authority outside of title 5, United States Code,
shall be exempted from any annual limit on the amount of overtime pay
payable in a calendar or fiscal year.
``(c) Applicability of Aggregate Limitation on Pay.--In determining
whether an employee's aggregate pay exceeds the applicable annual rate
of basic pay payable under section 5307 of title 5, United States Code,
the head of an Executive agency shall not include pay exempted under
this section.
``(d) Limitation of Pay Authority.--
``(1) Pay exempted from otherwise applicable limits under
subsection (a) or (b) shall not cause the aggregate of basic pay
and premium pay for the applicable calendar year to exceed the rate
of basic pay payable for a position at level II of the Executive
Schedule under section 5313 of title 5, United States Code, as in
effect at the end of such calendar year.
``(2) For purposes of applying this subsection to an employee
who would otherwise be subject to the premium pay limits
established under section 5547 of title 5, United States Code,
`premium pay' means the premium pay paid under the provisions of
law cited in section 5547(a).
``(3) For purposes of applying this subsection to an employee
under a premium pay limit established under an authority other than
section 5547 of title 5, United States Code, the agency responsible
for administering such limit shall determine what payments are
considered premium pay.
``(e) Effective Date.--This section shall take effect as if enacted
on December 31, 2016.
``(f) Treatment of Additional Pay.--If application of this section
results in the payment of additional premium pay to a covered employee
of a type that is normally creditable as basic pay for retirement or
any other purpose, that additional pay shall not--
``(1) be considered to be basic pay of the covered employee for
any purpose; or
``(2) be used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under section
5551 or section 5552 of title 5, United States Code.''.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2018''.
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,183,043,000, to remain available until expended, including all such
amounts as are collected from permit processing fees, as authorized but
made subject to future appropriation by section 35(d)(3)(A)(i) of the
Mineral Leasing Act (30 U.S.C. 191), except that amounts from permit
processing fees may be used for any bureau-related expenses associated
with the processing of oil and gas applications for permits to drill
and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2018, so as to result in a final appropriation estimated at
not more than $1,183,043,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $24,916,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$106,985,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for processing
into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,279,002,000, to remain
available until September 30, 2019: Provided, That not to exceed
$18,818,000 shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)).
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$66,540,000, to remain available until expended.
land acquisition
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance with
statutory authority applicable to the United States Fish and Wildlife
Service, $63,839,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of which,
notwithstanding section 200306 of title 54, United States Code, not
more than $10,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004, including not to
exceed $320,000 for administrative expenses: Provided, That none of
the funds appropriated for specific land acquisition projects may be
used to pay for any administrative overhead, planning or other
management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $53,495,000, to remain available
until expended, of which $33,857,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$19,638,000 is to be derived from the Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$40,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $11,061,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $63,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$4,209,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $6,362,000 is for a competitive grant program to
implement approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the regional
Associations of fish and wildlife agencies, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $10,571,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary shall apportion the remaining amount in the following manner:
(1) one-third of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and (2)
two-thirds of which is based on the ratio to which the population of
such State bears to the total population of all such States: Provided
further, That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment under
this paragraph for any fiscal year or more than 5 percent of such
amount: Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the non-
Federal share of such projects may not be derived from Federal grant
programs: Provided further, That any amount apportioned in 2018 to any
State, territory, or other jurisdiction that remains unobligated as of
September 30, 2019, shall be reapportioned, together with funds
appropriated in 2020, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,477,969,000, of which $10,032,000 for planning and
interagency coordination in support of Everglades restoration and
$134,461,000 for maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30, 2019:
Provided, That funds appropriated under this heading in this Act are
available for the purposes of section 5 of Public Law 95-348.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $63,638,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $96,910,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2019, of which $13,000,000
shall be for Save America's Treasures grants for preservation of
national significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, That all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the funds
provided for the Historic Preservation Fund, $500,000 is for
competitive grants for the survey and nomination of properties to the
National Register of Historic Places and as National Historic Landmarks
associated with communities currently under-represented, as determined
by the Secretary, $13,000,000 is for competitive grants to preserve the
sites and stories of the Civil Rights movement, $5,000,000 is for
grants to Historically Black Colleges and Universities, and $5,000,000
is for competitive grants for the restoration of historic properties of
national, State and local significance listed on or eligible for
inclusion on the National Register of Historic Places, to be made
without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation
Act: Provided further, That such competitive grants shall be made
without imposing the matching requirements in section 302902(b)(3) of
title 54, United States Code, to States and Indian tribes as defined in
chapter 3003 of such title, Native Hawaiian organizations, local
governments, including Certified Local Governments, and non-profit
organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and compliance and planning for programs and areas
administered by the National Park Service, $359,704,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, for any project initially funded in fiscal year 2018
with a future phase indicated in the National Park Service 5-Year Line
Item Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That the
solicitation and contract shall contain the clause availability of
funds found at 48 CFR 52.232-18: Provided further, That National Park
Service Donations, Park Concessions Franchise Fees, and Recreation Fees
may be made available for the cost of adjustments and changes within
the original scope of effort for projects funded by the National Park
Service Construction appropriation: Provided further, That the
Secretary of the Interior shall consult with the Committees on
Appropriations, in accordance with current reprogramming thresholds,
prior to making any charges authorized by this section.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of lands or waters, or interest therein, in accordance with
the statutory authority applicable to the National Park Service,
$180,941,000, to be derived from the Land and Water Conservation Fund
and to remain available until expended, of which $124,006,000 is for
the State assistance program and of which $10,000,000 shall be for the
American Battlefield Protection Program grants as authorized by chapter
3081 of title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $23,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts
over the term of the contract at that unit exceed the amount of funds
used to extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,148,457,000,
to remain available until September 30, 2019; of which $78,537,000
shall remain available until expended for satellite operations; and of
which $15,164,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through the use of
contracts, grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the United
States Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 6101, for the
temporary or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57 and 81 of
title 5, United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States Code,
relating to tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements, rights-of-
way and agreements for use for oil and gas, other minerals, energy, and
marine-related purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for environmental
studies, as authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and for
matching grants or cooperative agreements, $171,000,000, of which
$114,166,000 is to remain available until September 30, 2019, and of
which $56,834,000 is to remain available until expended: Provided,
That this total appropriation shall be reduced by amounts collected by
the Secretary and credited to this appropriation from additions to
receipts resulting from increases to lease rental rates in effect on
August 5, 1993, and from cost recovery fees from activities conducted
by the Bureau of Ocean Energy Management pursuant to the Outer
Continental Shelf Lands Act, including studies, assessments, analysis,
and miscellaneous administrative activities: Provided further, That
the sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2018 appropriation estimated at not more than $114,166,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $136,411,000, of which $108,540,000 is to
remain available until September 30, 2019, and of which $27,871,000 is
to remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2018 appropriation estimated at not more than $108,540,000.
For an additional amount, $50,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2018, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $50,000,000, the amounts realized in excess
of $50,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2018,
not less than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund personnel
and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $14,899,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$115,804,000, to remain available until September 30, 2019: Provided,
That appropriations for the Office of Surface Mining Reclamation and
Enforcement may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as collections are received during the fiscal year, so as to result in
a fiscal year 2018 appropriation estimated at not more than
$115,804,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $24,672,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $115,000,000, to remain available until expended, for
grants to States and federally recognized Indian Tribes for reclamation
of abandoned mine lands and other related activities in accordance with
the terms and conditions in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That such additional amount shall be used for economic
and community development in conjunction with the priorities in section
403(a) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(a)): Provided further, That of such additional amount,
$75,000,000 shall be distributed in equal amounts to the 3 Appalachian
States with the greatest amount of unfunded needs to meet the
priorities described in paragraphs (1) and (2) of such section,
$30,000,000 shall be distributed in equal amounts to the 3 Appalachian
States with the subsequent greatest amount of unfunded needs to meet
such priorities, and $10,000,000 shall be for grants to federally
recognized Indian Tribes without regard to their status as certified or
uncertified under the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1233(a)), for reclamation of abandoned mine lands and
other related activities in accordance with the terms and conditions in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) and shall be used for
economic and community development in conjunction with the priorities
in section 403(a) of the Surface Mining Control and Reclamation Act of
1977: Provided further, That such additional amount shall be allocated
to States and Indian Tribes within 60 days after the date of enactment
of this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 5301 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), $2,411,200,000, to remain available until
September 30, 2019, except as otherwise provided herein; of which not
to exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $76,000,000 shall be for welfare
assistance payments: Provided, That in cases of designated Federal
disasters, the Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities affected
by the disaster: Provided further, That federally recognized Indian
tribes and tribal organizations of federally recognized Indian tribes
may use their tribal priority allocations for unmet welfare assistance
costs: Provided further, That not to exceed $673,425,000 for school
operations costs of Bureau-funded schools and other education programs
shall become available on July 1, 2018, and shall remain available
until September 30, 2019: Provided further, That not to exceed
$53,991,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, land
records improvement, and the Navajo-Hopi Settlement Program: Provided
further, That notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975 (25 U.S.C.
5301 et seq.) and section 1128 of the Education Amendments of 1978 (25
U.S.C. 2008), not to exceed $81,036,000 within and only from such
amounts made available for school operations shall be available for
administrative cost grants associated with grants approved prior to
July 1, 2018: Provided further, That any forestry funds allocated to a
federally recognized tribe which remain unobligated as of September 30,
2019, may be transferred during fiscal year 2020 to an Indian forest
land assistance account established for the benefit of the holder of
the funds within the holder's trust fund account: Provided further,
That any such unobligated balances not so transferred shall expire on
September 30, 2020: Provided further, That in order to enhance the
safety of Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel:
Provided further, That the Bureau of Indian Affairs may accept
transfers of funds from U.S. Customs and Border Protection to
supplement any other funding available for reconstruction or repair of
roads owned by the Bureau of Indian Affairs as identified on the
National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1).
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs for fiscal
year 2018, such sums as may be necessary, which shall be available for
obligation through September 30, 2019: Provided, That notwithstanding
any other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483; $354,113,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available to the
Bureau of Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau:
Provided further, That any funds provided for the Safety of Dams
program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall
be made available on a nonreimbursable basis: Provided further, That
for fiscal year 2018, in implementing new construction, replacement
facilities construction, or facilities improvement and repair project
grants in excess of $100,000 that are provided to grant schools under
Public Law 100-297, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in part 12 of title 43, Code of Federal
Regulations, as the regulatory requirements: Provided further, That
such grants shall not be subject to section 12.61 of title 43, Code of
Federal Regulations; the Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to be performed:
Provided further, That in considering grant applications, the Secretary
shall consider whether such grantee would be deficient in assuring that
the construction projects conform to applicable building standards and
codes and Federal, tribal, or State health and safety standards as
required by section 1125(b) of title XI of Public Law 95-561 (25 U.S.C.
2005(b)), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines a grant
application, the Secretary shall follow the requirements contained in
section 5206(f) of Public Law 100-297 (25 U.S.C. 2504(f)): Provided
further, That any disputes between the Secretary and any grantee
concerning a grant shall be subject to the disputes provision in
section 5208(e) of Public Law 107-110 (25 U.S.C. 2507(e)): Provided
further, That in order to ensure timely completion of construction
projects, the Secretary may assume control of a project and all funds
related to the project, if, within 18 months of the date of enactment
of this Act, any grantee receiving funds appropriated in this Act or in
any prior Act, has not completed the planning and design phase of the
project and commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the Special Trustee
for American Indians appropriation for the appropriate share of
construction costs for space expansion needed in agency offices to meet
trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and
for implementation of other land and water rights settlements,
$55,457,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $9,272,000, of
which $1,252,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed or insured, not to exceed $123,565,389.
administrative provisions
(including rescission of funds)
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos
Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education, or more than one grade
to expand the elementary grade structure for Bureau-funded schools with
a K-2 grade structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996, and to any
school or school program that was reinstated in fiscal year 2012. Funds
made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that
a charter school that is in existence on the date of the enactment of
this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only
if the charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees
of Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction or other facilities-related costs for such
assets that are not owned by the Bureau: Provided further, That the
term ``satellite school'' means a school location physically separated
from the existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Of the prior year unobligated balances available for the
``Operation of Indian Programs'' account, $8,000,000 are permanently
rescinded.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $124,182,000, to remain available until September 30, 2019; of
which not to exceed $15,000 may be for official reception and
representation expenses; and of which up to $1,000,000 shall be
available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the United
States Bureau of Mines; and of which $10,242,000 for the Office of
Valuation Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended.
administrative provisions
For fiscal year 2018, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for any
fiscal year for payments pursuant to this chapter are insufficient to
make the full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be made
proportionally: Provided further, That the Secretary may make
adjustments to payment to individual units of local government to
correct for prior overpayments or underpayments: Provided further,
That no payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $96,870,000, of
which: (1) $87,422,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands, as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands, as authorized by law (Public Law 94-241; 90 Stat.
272); and (2) $9,448,000 shall be available until September 30, 2019,
for salaries and expenses of the Office of Insular Affairs: Provided,
That all financial transactions of the territorial and local
governments herein provided for, including such transactions of all
agencies or instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement of
the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by Public Law 104-
134: Provided further, That the funds for the program of operations
and maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost sharing to be
determined by the Secretary based on the grantee's commitment to timely
maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,363,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $66,675,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$51,023,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$119,400,000, to remain available until expended, of which not to
exceed $18,990,000 from this or any other Act, may be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs and Bureau of Indian
Education, ``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the Office of the
Secretary, ``Departmental Operations'' account: Provided further, That
funds made available through contracts or grants obligated during
fiscal year 2018, as authorized by the Indian Self-Determination Act of
1975 (25 U.S.C. 5301 et seq.), shall remain available until expended by
the contractor or grantee: Provided further, That notwithstanding any
other provision of law, the Secretary shall not be required to provide
a quarterly statement of performance for any Indian trust account that
has not had activity for at least 15 months and has a balance of $15 or
less: Provided further, That the Secretary shall issue an annual
account statement and maintain a record of any such accounts and shall
permit the balance in each such account to be withdrawn upon the
express written request of the account holder: Provided further, That
not to exceed $50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for this
purpose: Provided further, That the Secretary shall not be required to
reconcile Special Deposit Accounts with a balance of less than $500
unless the Office of the Special Trustee receives proof of ownership
from a Special Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust accounts of
individuals whose whereabouts are unknown for a continuous period of at
least five years and shall not be required to generate periodic
statements of performance for the individual accounts: Provided
further, That with respect to the eighth proviso, the Secretary shall
continue to maintain sufficient records to determine the balance of the
individual accounts, including any accrued interest and income, and
such funds shall remain available to the individual account holders.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $948,087,000, to remain available until expended, of
which not to exceed $18,427,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $184,000,000 is for fuels
management activities: Provided further, That of the funds provided
$20,470,000 is for burned area rehabilitation: Provided further, That
persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this appropriation:
Provided further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for fire
protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation from which
funds were expended to provide that protection, and are available
without fiscal year limitation: Provided further, That using the
amounts designated under this title of this Act, the Secretary of the
Interior may enter into procurement contracts, grants, or cooperative
agreements, for fuels management activities, and for training and
monitoring associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding requirements
of the Competition in Contracting Act, the Secretary, for purposes of
fuels management activities, may obtain maximum practicable competition
among: (1) local private, nonprofit, or cooperative entities; (2) Youth
Conservation Corps crews, Public Lands Corps (Public Law 109-154), or
related partnerships with State, local, or nonprofit youth groups; (3)
small or micro-businesses; or (4) other entities that will hire or
train locally a significant percentage, defined as 50 percent or more,
of the project workforce to complete such contracts: Provided further,
That in implementing this section, the Secretary shall develop written
guidance to field units to ensure accountability and consistent
application of the authorities provided herein: Provided further, That
funds appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided further,
That the Secretary of the Interior may use wildland fire appropriations
to enter into leases of real property with local governments, at or
below fair market value, to construct capitalized improvements for fire
facilities on such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack and fire
support facilities, and to make advance payments for any such lease or
for construction activity associated with the lease: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions: Provided further, That funds
appropriated under this heading shall be available for assistance to or
through the Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be available
to support forestry, wildland fire management, and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,010,000, to remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,767,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation
of facilities and operations throughout the Department, $62,370,000, to
remain available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for training
services provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further, That the
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program
Training Center: Provided further, That the Secretary may enter into
grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$137,757,000, to remain available until September 30, 2019; of which
$41,727,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary concurred with the claimed refund due, to pay amounts owed to
Indian allottees or tribes, or to correct prior unrecoverable erroneous
payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection
with their use for wildland fire operations, with such reimbursement to
be credited to appropriations currently available at the time of
receipt thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until the
Secretary determines that funds appropriated for ``wildland fire
suppression'' shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be
used to reimburse, on a pro rata basis, accounts from which emergency
funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary,
in total amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement vehicles;
hire, maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when authorized by
the Secretary, for library membership in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and Office of
the Special Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2018. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2018, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the
``Offshore Safety and Environmental Enforcement'' account, from the
designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2018 shall be:
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2018. Fees for fiscal year 2018 shall be:
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection
(b) within 60 days, with payment required within 30 days of billing.
The Secretary shall bill designated operators under subsection (c)
within 30 days of the end of the month in which the inspection
occurred, with payment required within 30 days of billing.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to implement a
reorganization of the Bureau of Ocean Energy Management, Regulation and
Enforcement, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 3903 of title 41, United States Code (except that
the 5-year term restriction in subsection (a) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject
to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
exhaustion of administrative review
Sec. 111. Paragraph (1) of section 122(a) of division E of Public
Law 112-74 (125 Stat. 1013) is amended by striking ``through 2020,'' in
the first sentence and inserting ``through 2022,''.
contracts and agreements with indian affairs
Sec. 112. Notwithstanding any other provision of law, during
fiscal year 2018, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
humane transfer of excess animals
Sec. 113. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or burros
that have been removed from the public lands to other Federal, State,
and local government agencies for use as work animals: Provided, That
the Secretary may make any such transfer immediately upon request of
such Federal, State, or local government agency: Provided further,
That any excess animal transferred under this provision shall lose its
status as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That any
Federal, State, or local government agency receiving excess wild horses
or burros as authorized in this section shall not: destroy the horses
or burros in a way that results in their destruction into commercial
products; sell or otherwise transfer the horses or burros in a way that
results in their destruction for processing into commercial products;
or euthanize the horses or burros except upon the recommendation of a
licensed veterinarian, in cases of severe injury, illness, or advanced
age.
republic of palau
Sec. 114. There is appropriated $123,824,000 for an additional
amount for ``Compact of Free Association'', which shall remain
available until expended for use in meeting the financial obligations
of the Government of the United States under the Agreement between the
Government of the United States of America and the Government of the
Republic of Palau Following the Compact of Free Association Section 432
Review, signed on September 3, 2010, with the funding schedule therein
modified by the Parties as necessary and appropriate (``Compact Review
Agreement''): Provided, That funds may not be made available under
this section prior to the Compact Review Agreement and its appendices
entering into force.
department of the interior experienced services program
Sec. 115. (a) Notwithstanding any other provision of law relating
to Federal grants and cooperative agreements, the Secretary of the
Interior is authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by the
Secretary of Labor under title V of the Older Americans Act of 1965 to
utilize the talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and consistent with
such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement through
reduction of non-overtime hours, wages, or employment benefits;
(2) result in the use of an individual under the Department of
the Interior Experienced Services Program for a job or function in
a case in which a Federal employee is in a layoff status from the
same or substantially equivalent job within the Department; or
(3) affect existing contracts for services.
jay s. hammond wilderness
Sec. 116. (a) Designation.--The approximately 2,600,000 acres of
National Wilderness Preservation System land located within the Lake
Clark National Park and Preserve designated by section 701(6) of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 1132 note;
Public Law 96-487) shall be known and designated as the ``Jay S.
Hammond Wilderness''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the wilderness area
referred to in subsection (a) shall be deemed to be a reference to the
``Jay S. Hammond Wilderness''.
extension of authorities
Sec. 117. (a) Division II of Public Law 104-333 (54 U.S.C. 320101
note), as amended by section 116(b)(2) of Public Law 114-113, is
amended in each of sections 203, 310, and 607, by striking ``2017'' and
inserting ``2019''.
(b) Section 140(j) of the Department of the Interior and Related
Agencies Appropriations Act, 2004 (54 U.S.C. 320101 note; Public Law
108-108; 117 Stat. 1280) is amended by striking ``15 years'' and
inserting ``17 years''.
payments in lieu of taxes (pilt)
Sec. 118. Section 6906 of title 31, United States Code, is amended
by striking ``each of fiscal years 2008 through 2014'' and inserting
``fiscal year 2018''.
morristown national historical park
Sec. 119. The first section of the Act entitled ``An Act to
authorize the addition of lands to Morristown National Historical Park
in the State of New Jersey, and for other purposes'', approved
September 18, 1964 (16 U.S.C. 409g), is amended--
(1) by inserting ``, from a willing owner only,'' after ``the
Secretary of the Interior is authorized to procure''; and
(2) by striking ``615'' each place it appears and inserting
``715''.
sage-grouse
Sec. 120. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to write or issue
pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct population
segment of greater sage-grouse.
incorporation by reference
Sec. 121. (a) The following provisions of S. 1460 (Energy and
Natural Resources Act of 2017) of the 115th Congress, as placed on the
calendar of the Senate on June 29, 2017, are hereby enacted into law:
(1) Section 7130 (Modification of the Second Division
Memorial).
(2) Section 7134 (Ste. Genevieve National Historical Park).
(b) H.R. 1281 as introduced in the 115th Congress (A bill to extend
the authorization of the Highlands Conservation Act) and H.R. 4134 as
introduced in the 115th Congress (Cecil D. Andrus-White Clouds
Wilderness Redesignation Act) are hereby enacted into law.
(c) In publishing this Act in slip form and in the United States
Statutes at large pursuant to section 112 of title 1, United States
Code, the Archivist of the United States shall include after the date
of approval at the end an appendix setting forth the text of the
sections of the bill and the bills referred to in subsections (a) and
(b), respectively.
mineral withdrawal subject to valid existing rights
Sec. 122. (a) The mineral estate identified in Bureau of Land
Management contracts number CA 20139 and CA 22901 is hereby withdrawn
from all forms of mineral entry authority of the Secretary, subject to
valid existing rights.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
(including rescission of funds)
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $713,823,000, to remain available until September 30,
2019: Provided, That of the funds included under this heading,
$4,100,000 shall be for Research: National Priorities as specified in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
of unobligated balances from appropriations made available under this
heading, $7,350,000 are permanently rescinded: Provided further, That
no amounts may be rescinded pursuant to the preceding proviso from
amounts made available in the first proviso for Research: National
Priorities.
Environmental Programs and Management
(including rescission of funds)
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$19,000 for official reception and representation expenses,
$2,643,299,000, to remain available until September 30, 2019:
Provided, That of the funds included under this heading, $12,700,000
shall be for Environmental Protection: National Priorities as specified
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
of the funds included under this heading, $447,857,000 shall be for
Geographic Programs specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That of the unobligated balances from
appropriations made available under this heading, $45,300,000 are
permanently rescinded: Provided further, That no amounts may be
rescinded pursuant to the preceding proviso from amounts made available
in the first proviso for Environmental Protection: National Priorities,
from amounts made available in the second proviso for Geographic
Programs, or from the National Estuary Program (33 U.S.C. 1330).
In addition, $10,000,000 to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in
the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2018 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in this
paragraph from the general fund for fiscal year 2018 shall be reduced
by the amount of discretionary offsetting receipts received during
fiscal year 2018, so as to result in a final fiscal year 2018
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent that amounts realized from such
receipts exceed $10,000,000, those amount in excess of $10,000,000
shall be deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2018, shall be retained and used for
necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds included
in the first paragraph under this heading, the Chemical Risk Review and
Reduction program project shall be allocated for this fiscal year,
excluding the amount of any fees appropriated, not less than the amount
of appropriations for that program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $3,674,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2018, which shall remain
available until expended and be used for necessary expenses in this
appropriation, so as to result in a final fiscal year 2018
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent such offsetting collections
received in fiscal year 2018 exceed $3,674,000, those excess amounts
shall remain available until expended and be used for necessary
expenses in this appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2019.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $34,467,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611)
$1,091,947,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2017, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,091,947,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $8,778,000
shall be paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2019, and $15,496,000 shall be
paid to the ``Science and Technology'' appropriation to remain
available until September 30, 2019.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $91,941,000, to remain available until expended, of which
$66,572,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,209,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,562,161,000, to remain available until expended,
of which--
(1) $1,393,887,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $863,233,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking Water
Act: Provided, That for fiscal year 2018, to the extent there are
sufficient eligible project applications and projects are
consistent with State Intended Use Plans, not less than 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants shall be
used by the State for projects to address green infrastructure,
water or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal year
2018, funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants may, at
the discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or other
environmentally innovative activities: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water Pollution
Control Act, the limitation on the amounts in a State water
pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2018 and prior
years where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable by
the Administrator, accounted for separately from other assets in
the fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2018,
notwithstanding the provisions of subsections (g)(1), (h), and (l)
of section 201 of the Federal Water Pollution Control Act, grants
made under title II of such Act for American Samoa, Guam, the
commonwealth of the Northern Marianas, the United States Virgin
Islands, and the District of Columbia may also be made for the
purpose of providing assistance: (1) solely for facility plans,
design activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and (2)
for the construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or small
commercial establishments: Provided further, That for fiscal year
2018, notwithstanding the provisions of such subsections (g)(1),
(h), and (l) of section 201 and section 518(c) of the Federal Water
Pollution Control Act, funds reserved by the Administrator for
grants under section 518(c) of the Federal Water Pollution Control
Act may also be used to provide assistance: (1) solely for facility
plans, design activities, or plans, specifications, and estimates
for any proposed project for the construction of treatment works;
and (2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences or
small commercial establishments: Provided further, That for fiscal
year 2018, notwithstanding any provision of the Federal Water
Pollution Control Act and regulations issued pursuant thereof, up
to a total of $2,000,000 of the funds reserved by the Administrator
for grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational programs
relating to the operation and management of the treatment works
specified in section 518(c) of such Act: Provided further, That
for fiscal year 2018, funds reserved under section 518(c) of such
Act shall be available for grants only to Indian tribes, as defined
in section 518(h) of such Act and former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior) and
Native Villages as defined in Public Law 92-203: Provided further,
That for fiscal year 2018, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution Control
Act, up to a total of 2 percent of the funds appropriated, or
$30,000,000, whichever is greater, and notwithstanding the
limitation on amounts in section 1452(i) of the Safe Drinking Water
Act, up to a total of 2 percent of the funds appropriated, or
$20,000,000, whichever is greater, for State Revolving Funds under
such Acts may be reserved by the Administrator for grants under
section 518(c) and section 1452(i) of such Acts: Provided further,
That for fiscal year 2018, notwithstanding the amounts specified in
section 205(c) of the Federal Water Pollution Control Act, up to
1.5 percent of the aggregate funds appropriated for the Clean Water
State Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal Water
Pollution Control Act for American Samoa, Guam, the Commonwealth of
the Northern Marianas, and United States Virgin Islands: Provided
further, That for fiscal year 2018, notwithstanding the limitations
on amounts specified in section 1452(j) of the Safe Drinking Water
Act, up to 1.5 percent of the funds appropriated for the Drinking
Water State Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants made under
section 1452(j) of the Safe Drinking Water Act: Provided further,
That 10 percent of the funds made available under this title to
each State for Clean Water State Revolving Fund capitalization
grants and 20 percent of the funds made available under this title
to each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to provide
additional subsidy to eligible recipients in the form of
forgiveness of principal, negative interest loans, or grants (or
any combination of these), and shall be so used by the State only
where such funds are provided as initial financing for an eligible
recipient or to buy, refinance, or restructure the debt obligations
of eligible recipients only where such debt was incurred on or
after the date of enactment of this Act, or where such debt was
incurred prior to the date of enactment of this Act if the State,
with concurrence from the Administrator, determines that such funds
could be used to help address a threat to public health from
heightened exposure to lead in drinking water or if a Federal or
State emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this Act:
Provided further, That in a State in which such an emergency
declaration has been issued, the State may use more than 20 percent
of the funds made available under this title to the State for
Drinking Water State Revolving Fund capitalization grants to
provide additional subsidy to eligible recipients;
(2) $10,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission: Provided,
That no funds provided by this appropriations Act to address the
water, wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico border
shall be made available to a county or municipal government unless
that government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new
home, business, or other structure which lacks water, wastewater,
or other necessary infrastructure;
(3) $20,000,000 shall be for grants to the State of Alaska to
address drinking water and wastewater infrastructure needs of rural
and Alaska Native Villages: Provided, That of these funds: (A) the
State of Alaska shall provide a match of 25 percent; (B) no more
than 5 percent of the funds may be used for administrative and
overhead expenses; and (C) the State of Alaska shall make awards
consistent with the Statewide priority list established in
conjunction with the Agency and the U.S. Department of Agriculture
for all water, sewer, waste disposal, and similar projects carried
out by the State of Alaska that are funded under section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
which shall allocate not less than 25 percent of the funds provided
for projects in regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), including grants, interagency agreements, and
associated program support costs: Provided, That not more than 25
percent of the amount appropriated to carry out section 104(k) of
CERCLA shall be used for site characterization, assessment, and
remediation of facilities described in section 101(39)(D)(ii)(II)
of CERCLA: Provided further, That at least 10 percent shall be
allocated for assistance in persistent poverty counties: Provided
further, That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent or more
of its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the most
recent Small Area Income and Poverty Estimates;
(5) $75,000,000 shall be for grants under title VII, subtitle G
of the Energy Policy Act of 2005;
(6) $40,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality program
authorized in section 5004(d) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322); and
(8) $1,076,041,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including activities
pursuant to the provisions set forth under this heading in Public
Law 104-134, and for making grants under section 103 of the Clean
Air Act for particulate matter monitoring and data collection
activities subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying out
section 128 of CERCLA; $9,646,000 shall be for Environmental
Information Exchange Network grants, including associated program
support costs; $1,498,000 shall be for grants to States under
section 2007(f)(2) of the Solid Waste Disposal Act, which shall be
in addition to funds appropriated under the heading ``Leaking
Underground Storage Tank Trust Fund Program'' to carry out the
provisions of the Solid Waste Disposal Act specified in section
9508(c) of the Internal Revenue Code other than section 9003(h) of
the Solid Waste Disposal Act; $17,848,000 of the funds available
for grants under section 106 of the Federal Water Pollution Control
Act shall be for State participation in national- and State-level
statistical surveys of water resources and enhancements to State
monitoring programs; $10,000,000 shall be for multipurpose grants,
including interagency agreements: Provided, That hereafter,
notwithstanding other applicable provisions of law, the funds
appropriated for the Indian Environmental General Assistance
Program shall be available to federally recognized tribes for solid
waste and recovered materials collection, transportation, backhaul,
and disposal services.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $5,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$610,000,000.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $5,000,000, to
remain available until September 30, 2019.
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2018, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 112-177, the Pesticide
Registration Improvement Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2018.
The Administrator is authorized to transfer up to $300,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per
project.
For fiscal year 2018, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian
tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2018 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
Of the unobligated balances available for the ``State and Tribal
Assistance Grants'' account, $96,198,000 are hereby permanently
rescinded: Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985 or from amounts that
were made available by subsection (a) of section 196 of the Continuing
Appropriations Act, 2017 (division C of Public Law 114-223), as amended
by the Further Continuing and Security Assistance Appropriations Act,
2017 (Public Law 114-254).
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $1,000,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $875,000: Provided, That funds made
available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to
fund up to one administrative support staff for the office.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $297,000,000, to remain available through September
30, 2021: Provided, That of the funds provided, $77,000,000 is for the
forest inventory and analysis program.
state and private forestry
(including rescission of funds)
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, and conducting an
international program as authorized, $335,525,000, to remain available
through September 30, 2021, as authorized by law; of which $67,025,000
is to be derived from the Land and Water Conservation Fund to be used
for the Forest Legacy Program, to remain available until expended.
Of the unobligated balances from amounts made available for the
Forest Legacy Program and derived from the Land and Water Conservation
Fund, $5,938,000 is hereby permanently rescinded from projects with
cost savings or failed or partially failed projects that had funds
returned: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,923,750,000, to remain available through
September 30, 2021: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That of the funds provided, $366,000,000
shall be for forest products: Provided further, That of the funds
provided, $430,000,000 shall be for hazardous fuels management
activities, of which not to exceed $15,000,000 may be used to make
grants, using any authorities available to the Forest Service under the
``State and Private Forestry'' appropriation, for the purpose of
creating incentives for increased use of biomass from National Forest
System lands: Provided further, That $15,000,000 may be used by the
Secretary of Agriculture to enter into procurement contracts or
cooperative agreements or to issue grants for hazardous fuels
management activities, and for training or monitoring associated with
such hazardous fuels management activities on Federal land, or on non-
Federal land if the Secretary determines such activities benefit
resources on Federal land: Provided further, That funds made available
to implement the Community Forestry Restoration Act, Public Law 106-
393, title VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest Service under
the ``State and Private Forestry'' appropriations: Provided further,
That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act
(7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for
grazing on a National Grassland, may provide a credit of up to 50
percent of the calculated fee to a Grazing Association or direct
permittee for a conservation practice approved by the Secretary in
advance of the fiscal year in which the cost of the conservation
practice is incurred. And, that the amount credited shall remain
available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation
practices approved by the Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $449,000,000, to remain available through September 30,
2021, for construction, capital improvement, maintenance and
acquisition of buildings and other facilities and infrastructure; and
for construction, reconstruction, decommissioning of roads that are no
longer needed, including unauthorized roads that are not part of the
transportation system, and maintenance of forest roads and trails by
the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101
and 205: Provided, That funds becoming available in fiscal year 2018
under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to
the General Fund of the Treasury and shall not be available for
transfer or obligation for any other purpose unless the funds are
appropriated.
land acquisition
For expenses necessary to carry out the provisions of chapter 2003
of title 54, United States Code, including administrative expenses, and
for acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service, $64,337,000,
to be derived from the Land and Water Conservation Fund and to remain
available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $850,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available through September 30, 2021, (16
U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591;
and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2021, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2021, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
$2,500,000, to remain available through September 30, 2021.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $2,880,338,000, to remain available
through September 30, 2021: Provided, That such funds including
unobligated balances under this heading, are available for repayment of
advances from other appropriations accounts previously transferred for
such purposes: Provided further, That any unobligated funds
appropriated in a previous fiscal year for hazardous fuels management
may be transferred to the ``National Forest System'' account: Provided
further, That such funds shall be available to reimburse State and
other cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully
repaid by the responsible emergency management agency: Provided
further, That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of implementing
any cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That funds designated for wildfire
suppression, shall be assessed for cost pools on the same basis as such
assessments are calculated against other agency programs: Provided
further, That the $65,000,000 made available under this heading in the
Consolidated and Further Continuing Appropriations Act, 2015 (Public
Law 113-235) for the purpose of acquiring aircraft for the next-
generation airtanker fleet shall instead be available until expended
for the purpose of enhancing firefighting mobility, effectiveness,
efficiency, and safety.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the heading ``Wildland Fire Management'' will be
obligated within 30 days: Provided, That all funds used pursuant to
this paragraph must be replenished by a supplemental appropriation
which must be requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management, hazardous
fuels management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated
to the Forest Service by this Act to or within the National Forest
System Account, or reprogram funds to be used for the purposes of
hazardous fuels management and urgent rehabilitation of burned-over
National Forest System lands and water, such transferred funds shall
remain available through September 30, 2021: Provided, That none of
the funds transferred pursuant to this section shall be available for
obligation without written notification to and the prior approval of
the Committees on Appropriations of both Houses of Congress: Provided
further, That this section does not apply to funds appropriated to the
FLAME Wildfire Suppression Reserve Fund or funds derived from the Land
and Water Conservation Fund.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), U.S.
private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171
(7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center and the Department of Agriculture's
International Technology Service.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match funds made available by the Forest
Service on at least a one-for-one basis: Provided further, That the
Foundation may transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Notwithstanding any other provision of law, of any appropriations
or funds available to the Forest Service, not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar matters unrelated to civil litigation. Future
budget justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through the Office
of Budget and Program Analysis, the Forest Service shall report no
later than 30 business days following the close of each fiscal quarter
all current and prior year unobligated balances, by fiscal year, budget
line item and account, to the House and Senate Committees on
Appropriations.
The Forest Service shall submit, through the Office of Budget and
Program Analysis, to the Office of Management and Budget a proposed
system of administrative control of funds for its accounts, as
described in 31 U.S.C. 1514, not later than June 21, 2018.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$3,952,290,000, together with payments received during the fiscal year
pursuant to sections 231(b) and 233 of the Public Health Service Act
(42 U.S.C. 238(b), 238b), for services furnished by the Indian Health
Service: Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any other
agreements or compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be
obligated at the time of the grant or contract award and thereafter
shall remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That $2,000,000 shall be
available for grants or contracts with public or private institutions
to provide alcohol or drug treatment services to Indians, including
alcohol detoxification services: Provided further, That $962,695,000
for Purchased/Referred Care, including $53,000,000 for the Indian
Catastrophic Health Emergency Fund, shall remain available until
expended: Provided further, That of the funds provided, up to
$36,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That of the funds provided,
$11,000,000 shall remain available until expended to supplement funds
available for operational costs at tribal clinics operated under an
Indian Self-Determination and Education Assistance Act compact or
contract where health care is delivered in space acquired through a
full service lease, which is not eligible for maintenance and
improvement and equipment funds from the Indian Health Service, and
$58,000,000 shall be for costs related to or resulting from
accreditation emergencies, of which up to $4,000,000 may be used to
supplement amounts otherwise available for Purchased/Referred Care:
Provided further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health Care
Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal
year for breach of contracts shall be deposited to the Fund authorized
by section 108A of that Act (25 U.S.C. 1616a-1) and shall remain
available until expended and, notwithstanding section 108A(c) of that
Act (25 U.S.C. 1616a-1(c)), funds shall be available to make new awards
under the loan repayment and scholarship programs under sections 104
and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided further,
That the amounts made available within this account for the Substance
Abuse and Suicide Prevention Program, for the Domestic Violence
Prevention Program, for the Zero Suicide Initiative, for the housing
subsidy authority for civilian employees, for aftercare pilot programs
at Youth Regional Treatment Centers, to improve collections from public
and private insurance at Indian Health Service and tribally operated
facilities, and for accreditation emergencies shall be allocated at the
discretion of the Director of the Indian Health Service and shall
remain available until expended: Provided further, That funds provided
in this Act may be used for annual contracts and grants for which the
performance period falls within 2 fiscal years, provided the total
obligation is recorded in the year the funds are appropriated:
Provided further, That the amounts collected by the Secretary of Health
and Human Services under the authority of title IV of the Indian Health
Care Improvement Act shall remain available until expended for the
purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act, except
for those related to the planning, design, or construction of new
facilities: Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement Act shall
remain available until expended: Provided further, That amounts
received by tribes and tribal organizations under title IV of the
Indian Health Care Improvement Act shall be reported and accounted for
and available to the receiving tribes and tribal organizations until
expended: Provided further, That the Bureau of Indian Affairs may
collect from the Indian Health Service, and from tribes and tribal
organizations operating health facilities pursuant to Public Law 93-
638, such individually identifiable health information relating to
disabled children as may be necessary for the purpose of carrying out
its functions under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.): Provided further, That of the funds provided,
$72,280,000 is for the Indian Health Care Improvement Fund and may be
used, as needed, to carry out activities typically funded under the
Indian Health Facilities account: Provided further, That the
accreditation emergency funds may be used, as needed, to carry out
activities typically funded under the Indian Health Facilities account.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2018, such sums as may be necessary: Provided, That
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $867,504,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided further,
That none of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded with
grants by the housing programs of the United States Department of
Housing and Urban Development: Provided further, That not to exceed
$2,700,000 from this account and the ``Indian Health Services'' account
may be used by the Indian Health Service to obtain ambulances for the
Indian Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health Service and
the General Services Administration: Provided further, That not to
exceed $500,000 may be placed in a Demolition Fund, to remain available
until expended, and be used by the Indian Health Service for the
demolition of Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation Facilities
Act and Public Law 93-638: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject to
limitations directed at curtailing Federal travel and transportation:
Provided further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments or charges
by the Department of Health and Human Services unless identified in the
budget justification and provided in this Act, or approved by the House
and Senate Committees on Appropriations through the reprogramming
process: Provided further, That notwithstanding any other provision of
law, funds previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized by
title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5321 et seq. (title I), 5381 et seq.
(title V)), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
none of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has submitted
a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That with
respect to functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a reimbursable basis,
including payments in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds received from
those entities pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain available
until expended: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and
overhead costs associated with the provision of goods, services, or
technical assistance: Provided further, That the Indian Health Service
may provide to civilian medical personnel serving in hospitals operated
by the Indian Health Service housing allowances equivalent to those
that would be provided to members of the Commissioned Corps of the
United States Public Health Service serving in similar positions at
such hospitals: Provided further, That the appropriation structure for
the Indian Health Service may not be altered without advance
notification to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $77,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $74,691,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2018, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $3,000,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$11,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $15,431,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of Public
Law 93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $9,835,000, which shall
become available on July 1, 2018, and shall remain available until
September 30, 2019.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $731,444,000, to remain available until September 30, 2019,
except as otherwise provided herein; of which not to exceed $6,908,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, and the repatriation of skeletal remains program shall
remain available until expended; and including such funds as may be
necessary to support American overseas research centers: Provided,
That funds appropriated herein are available for advance payments to
independent contractors performing research services or participating
in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $311,903,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $141,790,000, to remain available until September 30, 2019, of
which not to exceed $3,620,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, with no extensions or renewals
beyond the 10 years, that address space needs created by the ongoing
renovations in the Master Facilities Plan, as authorized, $24,203,000,
to remain available until expended: Provided, That contracts awarded
for environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $23,740,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $16,775,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$12,000,000, to remain available until September 30, 2019.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $152,849,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $152,848,000 to remain available
until expended, of which $141,548,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $11,300,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $9,100,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $2,762,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $2,750,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,400,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,099,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $59,000,000, of which
$1,715,000 shall remain available until September 30, 2020, for the
Museum's equipment replacement program; and of which $4,000,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
capital construction
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor of Dwight
D. Eisenhower, as authorized by Public Law 106-79, $45,000,000, to
remain available until expended: Provided, That the contract with
respect to the procurement shall contain the ``availability of funds''
clause described in section 52.232.18 of title 48, Code of Federal
Regulations: Provided further, That the funds appropriated herein
shall be deemed to satisfy the criteria for issuing a permit contained
in 40 U.S.C. 8906(a)(4) and (b).
women's suffrage centennial commission
salaries and expenses
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial Commission
Act (section 431(a)(3) of division G of Public Law 115-31), $1,000,000,
to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial Commission
Act, as authorized by the World War I Centennial Commission Act (Public
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291),
for necessary expenses of the World War I Centennial Commission,
$7,000,000, to remain available until expended: Provided, That in
addition to the authority provided by section 6(g) of such Act, the
World War I Commission may accept money, in-kind personnel services,
contractual support, or any appropriate support from any executive
branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and
subactivities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2019, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2018.
contract support costs, fiscal year 2018 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2018 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2018
with the Bureau of Indian Affairs or the Indian Health Service:
Provided, That such amounts provided by this Act are not available for
payment of claims for contract support costs for prior years, or for
repayments of payments for settlements or judgments awarding contract
support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of section 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
or
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638, 25
U.S.C. 450 et seq.) or by any other Federal laws that specifically
authorize a contract within an Indian tribe as defined in section
4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment of
this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an individual
if such grant is awarded to such individual for a literature
fellowship, National Heritage Fellowship, or American Jazz Masters
Fellowship.
(2) The Chairperson shall establish procedures to ensure that
no funding provided through a grant, except a grant made to a State
or local arts agency, or regional group, may be used to make a
grant to any other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in this
subsection shall prohibit payments made in exchange for goods and
services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population of
individuals, including urban minorities, who have historically been
outside the purview of arts and humanities programs due to factors
such as a high incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of national
impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent,
in the aggregate, of such funds to any single State, excluding
grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually and
by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 415. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity.
prohibition on use of funds
Sec. 416. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 417. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 418. None of the funds made available by this or any other
Act may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or any other law.
contracting authorities
Sec. 419. Section 412 of Division E of Public Law 112-74 is
amended by striking ``fiscal year 2017'' and inserting ``fiscal year
2019''.
chesapeake bay initiative
Sec. 420. Section 502(c) of the Chesapeake Bay Initiative Act of
1998 (Public Law 105-312; 16 U.S.C. 461 note) is amended by striking
``2017'' and inserting ``2019''.
extension of grazing permits
Sec. 421. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the
Forest Service on any lands not subject to administration under section
402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752),
shall remain in effect for fiscal year 2018.
funding prohibition
Sec. 422. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
forest service facility realignment and enhancement act
Sec. 423. Section 503(f) of the Forest Service Facility
Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public
Law 109-54) is amended by striking ``2016'' and inserting ``2018''.
use of american iron and steel
Sec. 424. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than
25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including
on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this
section.
midway island
Sec. 425. None of the funds made available by this Act may be used
to destroy any buildings or structures on Midway Island that have been
recommended by the United States Navy for inclusion in the National
Register of Historic Places (54 U.S.C. 302101).
john f. kennedy center reauthorization
Sec. 426. Section 13 of the John F. Kennedy Center Act (20 U.S.C.
76r) is amended by striking subsections (a) and (b) and inserting the
following:
``(a) Maintenance, Repair, and Security.--There is authorized to
be appropriated to the Board to carry out section 4(a)(1)(H),
$23,740,000 for fiscal year 2018.
``(b) Capital Projects.--There is authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1),
$16,775,000 for fiscal year 2018.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 427. The Secretary of the Interior is authorized to enter
into grants and cooperative agreements with volunteer fire departments,
rural fire departments, rangeland fire protection associations, and
similar organizations to provide for wildland fire training and
equipment, including supplies and communication devices.
Notwithstanding 121(c) of title 40, United States Code, or section 521
of title 40, United States Code, the Secretary is further authorized to
transfer title to excess Department of the Interior firefighting
equipment no longer needed to carry out the functions of the
Department's wildland fire management program to such organizations.
alaska native regional health entities
Sec. 428. Section 424 of the Consolidated Appropriations Act, 2014
(Public Law 113-76) is amended by striking ``2018'' and inserting
``2019''.
treatment of certain hospitals
Sec. 429. Section 1886(d)(12)(C) of the Social Security Act (42
U.S.C. 1395ww(d)(12)(C)) is amended by adding at the end the following
new clause:
``(iii) Treatment of indian health service and non-indian
health service facilities.--For purposes of determining
whether--
``(I) a subsection (d) hospital of the Indian Health
Service (whether operated by such Service or by an Indian
tribe or tribal organization (as those terms are defined in
section 4 of the Indian Health Care Improvement Act)), or
``(II) a subsection (d) hospital other than a hospital
of the Indian Health Service meets the mileage criterion
under clause (i) with respect to fiscal year 2011 or a
succeeding fiscal year, the Secretary shall apply the
policy described in the regulation at part 412.101(e) of
title 42, Code of Federal Regulations (as in effect on the
date of enactment of this clause).''.
infrastructure
Sec. 430. (a) For an additional amount for ``Environmental
Protection Agency--Hazardous Substance Superfund'', $63,000,000, of
which $54,389,000 shall be for the Superfund Remedial program and
$8,611,000 shall be for the Superfund Emergency Response and Removal
program, to remain available until expended, consisting of such sums as
are available in the Trust Fund on September 30, 2017, as authorized by
section 517(a) of the Superfund Amendments and Reauthorization Act of
1986 (SARA) and up to $63,000,000 as a payment from general revenues to
the Hazardous Substance Superfund for purposes as authorized by section
517(b) of SARA.
(b) For an additional amount for ``Environmental Protection
Agency--State and Tribal Assistance Grants,'' for environmental
programs and infrastructure assistance, including capitalization grants
for State revolving funds and performance partnership grants,
$650,000,000 to remain available until expended, of which--
(1) $300,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act; and of which $300,000,000 shall be for
making capitalization grants for the Drinking Water State Revolving
Funds under section 1452 of the Safe Drinking Water Act;
(2) $20,000,000 shall be for grants for small and disadvantaged
communities authorized in section 2104 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322);
(3) $20,000,000 shall be for grants for lead testing in school
and child care program drinking water authorized in section 2107 of
the Water Infrastructure Improvements for the Nation Act (Public
Law 114-322);
(4) $10,000,000 shall be for grants for reducing lead in
drinking water authorized in section 2105 of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322).
(c) For an additional amount for ``Environmental Protection
Agency--Water Infrastructure Finance and Innovation Program Account'',
$53,000,000, to remain available until expended, for the cost of direct
loans, for the cost of guaranteed loans, and for administrative
expenses to carry out the direct and guaranteed loan programs, of which
$3,000,000, to remain available until September 30, 2019, may be used
for such administrative expenses: Provided, That these additional
funds are available to subsidize gross obligations for the principal
amount of direct loans, including capitalized interest, and total loan
principal, including capitalized interest, any part of which is to be
guaranteed, not to exceed $6,100,000,000.
policies relating to biomass energy
Sec. 431. To support the key role that forests in the United
States can play in addressing the energy needs of the United States,
the Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency shall, consistent
with their missions, jointly--
(1) ensure that Federal policy relating to forest bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of forest
biomass as an energy solution, including policies that--
(A) reflect the carbon-neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the
use of forest biomass for energy production does not cause
conversion of forests to non-forest use.
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
clarification of exemptions
Sec. 432. None of the funds made available in this Act may be used
to require a permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for
the activities identified in subparagraphs (A) and (C) of section
404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
small remote incinerators
Sec. 433. None of the funds made available in this Act may be used
to implement or enforce the regulation issued on March 21, 2011 at 40
CFR part 60 subparts CCCC and DDDD with respect to units in the State
of Alaska that are defined as ``small, remote incinerator'' units in
those regulations and, until a subsequent regulation is issued, the
Administrator shall implement the law and regulations in effect prior
to such date.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2018''.
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA''), the Second Chance Act of
2007, and the National Apprenticeship Act, $3,486,200,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment and
training activities, $2,789,832,000 as follows:
(A) $845,556,000 for adult employment and training
activities, of which $133,556,000 shall be available for the
period July 1, 2018 through June 30, 2019, and of which
$712,000,000 shall be available for the period October 1, 2018
through June 30, 2019;
(B) $903,416,000 for youth activities, which shall be
available for the period April 1, 2018 through June 30, 2019;
and
(C) $1,040,860,000 for dislocated worker employment and
training activities, of which $180,860,000 shall be available
for the period July 1, 2018 through June 30, 2019, and of which
$860,000,000 shall be available for the period October 1, 2018
through June 30, 2019:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not be
subject to the requirements of section 127(b)(1)(B)(ii) of such
Act; and
(2) for national programs, $696,368,000 as follows:
(A) $220,859,000 for the dislocated workers assistance
national reserve, of which $20,859,000 shall be available for
the period July 1, 2018 through September 30, 2019, and of
which $200,000,000 shall be available for the period October 1,
2018 through September 30, 2019: Provided, That funds provided
to carry out section 132(a)(2)(A) of the WIOA may be used to
provide assistance to a State for statewide or local use in
order to address cases where there have been worker
dislocations across multiple sectors or across multiple local
areas and such workers remain dislocated; coordinate the State
workforce development plan with emerging economic development
needs; and train such eligible dislocated workers: Provided
further, That funds provided to carry out sections 168(b) and
169(c) of the WIOA may be used for technical assistance and
demonstration projects, respectively, that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That notwithstanding section 168(b) of the
WIOA, of the funds provided under this subparagraph, the
Secretary of Labor (referred to in this title as ``Secretary'')
may reserve not more than 10 percent of such funds to provide
technical assistance and carry out additional activities
related to the transition to the WIOA: Provided further, That
of the funds provided under this subparagraph, $30,000,000
shall be for training and employment assistance under sections
168(b), 169(c) (notwithstanding the 10 percent limitation in
such section) and 170 of the WIOA for workers in the
Appalachian region, as defined by 40 U.S.C. 14102(a)(1) and
workers in the Lower Mississippi, as defined in section 4(2) of
the Delta Development Act (Public Law 100-460, 102 Stat. 2246;
7 U.S.C. 2009aa(2));
(B) $54,000,000 for Native American programs under section
166 of the WIOA, which shall be available for the period July
1, 2018 through June 30, 2019;
(C) $87,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $81,447,000
for formula grants (of which not less than 70 percent shall be
for employment and training services), $5,922,000 for migrant
and seasonal housing (of which not less than 70 percent shall
be for permanent housing), and $527,000 for other discretionary
purposes, which shall be available for the period July 1, 2018
through June 30, 2019: Provided, That notwithstanding any
other provision of law or related regulation, the Department of
Labor shall take no action limiting the number or proportion of
eligible participants receiving related assistance services or
discouraging grantees from providing such services;
(D) $89,534,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the
period April 1, 2018 through June 30, 2019;
(E) $93,079,000 for ex-offender activities, under the
authority of section 169 of the WIOA and section 212 of the
Second Chance Act of 2007, which shall be available for the
period April 1, 2018 through June 30, 2019: Provided, That of
this amount, $25,000,000 shall be for competitive grants to
national and regional intermediaries for activities that
prepare young ex-offenders and school dropouts for employment,
with a priority for projects serving high-crime, high-poverty
areas;
(F) $6,000,000 for the Workforce Data Quality Initiative,
under the authority of section 169 of the WIOA, which shall be
available for the period July 1, 2018 through June 30, 2019;
and
(G) $145,000,000 to expand opportunities relating to
apprenticeship programs registered under the National
Apprenticeship Act, to be available to the Secretary to carry
out activities through grants, cooperative agreements,
contracts and other arrangements, with States and other
appropriate entities, which shall be available for the period
April 1, 2018 through June 30, 2019.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIOA, $1,718,655,000, plus reimbursements,
as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2018 through June 30, 2019;
(2) $83,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for the
period July 1, 2018 through June 30, 2021, and which may include
the acquisition, maintenance, and repair of major items of
equipment: Provided, That the Secretary may transfer up to 15
percent of such funds to meet the operational needs of such centers
or to achieve administrative efficiencies: Provided further, That
any funds transferred pursuant to the preceding provision shall not
be available for obligation after June 30, 2019: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2017
through September 30, 2018:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $400,000,000, which shall be available for
the period April 1, 2018 through June 30, 2019, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2018 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011 and section 405(a) of the Trade Preferences Extension Act
of 2015, $790,000,000 together with such amounts as may be necessary to
be charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2018: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of the Trade
Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000, together with
not to exceed $3,380,625,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,639,600,000 from the Trust Fund is for grants to States
for the administration of State unemployment insurance laws as
authorized under title III of the Social Security Act (including
not less than $120,000,000 to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper payment
reviews, and to provide reemployment services and referrals to
training as appropriate, for claimants of unemployment insurance
for ex-service members under 5 U.S.C. 8521 et. seq. and for
claimants of regular unemployment compensation, including those who
are profiled as most likely to exhaust their benefits in each
State: Provided, That such activities shall not be subject to
section 306 of the Social Security Act; and $9,000,000 for
continued support of the Unemployment Insurance Integrity Center of
Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized under 5
U.S.C. 8501-8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance, and
alternative trade adjustment assistance under the Trade Act of 1974
and under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011 and section 405(a) of the Trade Preferences
Extension Act of 2015, and shall be available for obligation by the
States through December 31, 2018, except that funds used for
automation shall be available for Federal obligation through
December 31, 2018, and for State obligation through September 30,
2020, or, if the automation is being carried out through consortia
of States, for State obligation through September 30, 2023, and for
expenditure through September 30, 2024, and funds for competitive
grants awarded to States for improved operations and to conduct in-
person reemployment and eligibility assessments and unemployment
insurance improper payment reviews and provide reemployment
services and referrals to training, as appropriate, shall be
available for Federal obligation through December 31, 2018, and for
obligation by the States through September 30, 2020, and funds for
the Unemployment Insurance Integrity Center of Excellence shall be
available for obligation by the State through September 30, 2019,
and funds used for unemployment insurance workloads experienced
through September 30, 2018 shall be available for Federal
obligation through December 31, 2018;
(2) $13,897,000 from the Trust Fund is for national activities
necessary to support the administration of the Federal-State
unemployment insurance system;
(3) $645,000,000 from the Trust Fund, together with $21,413,000
from the General Fund of the Treasury, is for grants to States in
accordance with section 6 of the Wagner-Peyser Act, and shall be
available for Federal obligation for the period July 1, 2018
through June 30, 2019;
(4) $19,818,000 from the Trust Fund is for national activities
of the Employment Service, including administration of the work
opportunity tax credit under section 51 of the Internal Revenue
Code of 1986, and the provision of technical assistance and staff
training under the Wagner-Peyser Act;
(5) $62,310,000 from the Trust Fund is for the administration
of foreign labor certifications and related activities under the
Immigration and Nationality Act and related laws, of which
$48,028,000 shall be available for the Federal administration of
such activities, and $14,282,000 shall be available for grants to
States for the administration of such activities; and
(6) $62,653,000 from the General Fund is to provide workforce
information, national electronic tools, and one-stop system
building under the Wagner-Peyser Act and shall be available for
Federal obligation for the period July 1, 2018 through June 30,
2019:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2018 is projected by the
Department of Labor to exceed 2,246,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to make
payments on behalf of States to the entity operating the State
Information Data Exchange System: Provided further, That funds
appropriated in this Act which are used to establish a national one-
stop career center system, or which are used to support the national
activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts,
grants, or agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and non-State
entities under such grants, subject to the conditions applicable to the
grants: Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security Act and
the Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation efforts,
notwithstanding cost allocation principles prescribed under the final
rule entitled ``Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the Secretary, at
the request of a State participating in a consortium with other States,
may reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium in order
to carry out activities that benefit the administration of the
unemployment compensation law of the State making the request:
Provided further, That the Secretary may collect fees for the costs
associated with additional data collection, analyses, and reporting
services relating to the National Agricultural Workers Survey requested
by State and local governments, public and private institutions of
higher education, and nonprofit organizations and may utilize such
sums, in accordance with the provisions of 29 U.S.C. 9a, for the
National Agricultural Workers Survey infrastructure, methodology, and
data to meet the information collection and reporting needs of such
entities, which shall be credited to this appropriation and shall
remain available until September 30, 2019, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security
Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and
to the ``Federal Unemployment Benefits and Allowances'' account, such
sums as may be necessary, which shall be available for obligation
through September 30, 2019.
program administration
For expenses of administering employment and training programs,
$108,674,000, together with not to exceed $49,982,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall be made
available through September 30, 2019, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2018, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2018 shall be
available for obligations for administrative expenses in excess of
$424,417,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2018, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2019, for
obligation for administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations in excess
of the amounts provided in this paragraph may be incurred for
unforeseen and extraordinary pretermination expenses or extraordinary
multiemployer program related expenses after approval by the Office of
Management and Budget and notification of the Committees on
Appropriations of the House of Representatives and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $227,500,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $40,187,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $103,476,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $115,424,000, together with $2,177,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; section 5(f) of the War Claims Act
(50 U.S.C. App. 2012); obligations incurred under the War Hazards
Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the
additional compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $220,000,000, together
with such amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other benefits
for any period subsequent to August 15 of the current year, for deposit
into and to assume the attributes of the Employees' Compensation Fund
established under 5 U.S.C. 8147(a): Provided, That amounts
appropriated may be used under 5 U.S.C. 8104 by the Secretary to
reimburse an employer, who is not the employer at the time of injury,
for portions of the salary of a re-employed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated on
September 30, 2017, shall remain available until expended for the
payment of compensation, benefits, and expenses: Provided further,
That in addition there shall be transferred to this appropriation from
the Postal Service and from any other corporation or instrumentality
required under 5 U.S.C. 8147(c) to pay an amount for its fair share of
the cost of administration, such sums as the Secretary determines to be
the cost of administration for employees of such fair share entities
through September 30, 2018: Provided further, That of those funds
transferred to this account from the fair share entities to pay the
cost of administration of the Federal Employees' Compensation Act,
$71,188,000 shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$24,540,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical review,
$21,946,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $54,319,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2019, $15,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000, to remain
available until expended: Provided, That the Secretary may require
that any person filing a claim for benefits under the Act provide as
part of such claim such identifying information (including Social
Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust
Fund (the ``Fund''), to remain available until expended, for payment of
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2018 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $38,246,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$31,994,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $330,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $552,787,000, including not to exceed $100,850,000
which shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law
to be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2018, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to an
employee complaint, to issue a citation for violations found during
such inspection, and to assess a penalty for violations which are
not corrected within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to a
report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $10,537,000 shall be available for Susan Harwood training
grants, of which the Secretary shall reserve not less than $4,500,000
for Susan Harwood Training Capacity Building Developmental grants, as
described in Funding Opportunity Number SHTG-GY-16-02 (referenced in
the notice of availability of funds published in the Federal Register
on May 3, 2016 (81 Fed. Reg. 30568)) for program activities starting
not later than September 30, 2018 and lasting for a period of 12
months: Provided further, That not less than $3,500,000 shall be for
Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $373,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That amounts
available for State assistance grants may be used for the purchase and
maintenance of new equipment required by the final rule entitled
``Lowering Miners' Exposure to Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors'' published by the Department of
Labor in the Federal Register on May 1, 2014 (79 Fed. Reg. 24813 et
seq.), for operators that demonstrate financial need as determined by
the Secretary: Provided further, That notwithstanding 31 U.S.C. 3302,
not to exceed $750,000 may be collected by the National Mine Health and
Safety Academy for room, board, tuition, and the sale of training
materials, otherwise authorized by law to be collected, to be available
for mine safety and health education and training activities: Provided
further, That notwithstanding 31 U.S.C. 3302, the Mine Safety and
Health Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and may utilize
such sums for such activities: Provided further, That the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the
mining community through cooperative programs with States, industry,
and safety associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association as a
principal safety association and, notwithstanding any other provision
of law, may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health Administration
officials as officers in local chapters or in the national
organization: Provided further, That any funds available to the
Department of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in the
event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $547,000,000,
together with not to exceed $65,000,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $38,203,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $337,536,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$59,825,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2018: Provided further,
That funds available to the Bureau of International Labor Affairs may
be used to administer or operate international labor activities,
bilateral and multilateral technical assistance, and microfinance
programs, by or through contracts, grants, subgrants and other
arrangements: Provided further, That not more than $53,825,000 shall
be for programs to combat exploitative child labor internationally and
not less than $6,000,000 shall be used to implement model programs that
address worker rights issues through technical assistance in countries
with which the United States has free trade agreements or trade
preference programs: Provided further, That $8,040,000 shall be used
for program evaluation and shall be available for obligation through
September 30, 2019: Provided further, That funds available for program
evaluation may be used to administer grants for the purpose of
evaluation: Provided further, That grants made for the purpose of
evaluation shall be awarded through fair and open competition:
Provided further, That funds available for program evaluation may be
transferred to any other appropriate account in the Department for such
purpose: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer: Provided further, That the funds
available to the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce: Provided further,
That of the amounts made available to the Women's Bureau, $994,000
shall be used for grants authorized by the Women in Apprenticeship and
Nontraditional Occupations Act.
veterans employment and training
Not to exceed $245,041,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which:
(1) $180,000,000 is for Jobs for Veterans State grants under 38
U.S.C. 4102A(b)(5) to support disabled veterans' outreach program
specialists under section 4103A of such title and local veterans'
employment representatives under section 4104(b) of such title, and
for the expenses described in section 4102A(b)(5)(C), which shall
be available for obligation by the States through December 31,
2018, and not to exceed 3 percent for the necessary Federal
expenditures for data systems and contract support to allow for the
tracking of participant and performance information: Provided,
That, in addition, such funds may be used to support such
specialists and representatives in the provision of services to
transitioning members of the Armed Forces who have participated in
the Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who are
wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or injured
members;
(2) $19,500,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $42,127,000 is for Federal administration of chapters 41,
42, and 43 of title 38, United States Code; and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $50,000,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2018, to
provide services under such section: Provided further, That services
provided under section 2023 may include, in addition to services to the
individuals described in subsection (e) of such section, services to
veterans recently released from incarceration who are at risk of
homelessness.
In addition, fees may be assessed and deposited in the HIRE Vets
Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, as
amended herein, and such amounts shall be available to the Secretary to
carry out the HIRE Vets Medallion Award Program, as authorized by such
Act, and shall remain available until expended: Provided, That such
sums shall be in addition to any other funds available for such
purposes, including funds available under paragraph (3) of this
heading: Provided further, That section 2(d) of division O of the
Consolidated Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C.
4100 note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $20,769,000, which shall be available
through September 30, 2019.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$83,487,000, together with not to exceed $5,660,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of
the funds made available to the Department of Labor for grants under
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose
other than competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school within a
local educational agency in the occupations and industries for which
employers are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not
more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this Act to
``Program Administration'' in order to carry out program integrity
activities relating to any of the programs or activities that are
funded under any such discretionary appropriations: Provided, That
notwithstanding section 102 and the preceding proviso, the Secretary
may transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account to
paragraph (3) of such account to carry out program integrity activities
related to the Job Corps program: Provided further, That funds
transferred under the authority provided by this subsection shall be
available for obligation through September 30, 2019.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2019: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment
for Older Americans'', ``State Unemployment Insurance and Employment
Service Operations'', ``Employee Benefits Security Administration'',
``Office of Workers' Compensation Programs'', ``Wage and Hour
Division'', ``Office of Federal Contract Compliance Programs'',
``Office of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made available to
the ``Bureau of International Labor Affairs'' and ``Women's Bureau''
within the ``Departmental Management, Salaries and Expenses'' account,
and ``Veterans Employment and Training''.
Sec. 108. Notwithstanding any other provision of law, beginning
October 1, 2017, the Secretary of Labor, in consultation with the
Secretary of Agriculture may select an entity to operate a Civilian
Conservation Center on a competitive basis in accordance with section
147 of the WIOA, if the Secretary of Labor determines such Center has
had consistently low performance under the performance accountability
system in effect for the Job Corps program prior to July 1, 2016, or
with respect to expected levels of performance established under
section 159(c) of such Act beginning July 1, 2016.
Sec. 109. (a) Section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) shall be applied as if the following text is part of such
section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee--
``(A) employed to adjust or evaluate claims resulting from or
relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies or
contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is greater,
for the number of weeks such employee is engaged in any of the
activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from or
relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining liability
or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal agency
or department;
``(B) the term `employee employed to adjust or evaluate claims
resulting from or relating to such major disaster' means an
individual who timely secured or secures a license required by
applicable law to engage in and perform the activities described in
clauses (i) through (v) of paragraph (1)(C) relating to a major
disaster, and is employed by an employer that maintains worker
compensation insurance coverage or protection for its employees, if
required by applicable law, and withholds applicable Federal,
State, and local income and payroll taxes from the wages, salaries
and any benefits of such employees; and
``(C) the term `affiliate' means a company that, by reason of
ownership or control of 25 percent or more of the outstanding
shares of any class of voting securities of one or more companies,
directly or indirectly, controls, is controlled by, or is under
common control with, another company.''.
(b) This section shall be effective on the date of enactment of
this Act.
(rescission)
Sec. 110. Of the funds made available under the heading
``Employment and Training Administration-Training and Employment
Services'' in division H of Public Law 115-31, $12,500,000 is
rescinded, to be derived from the amount made available in paragraph
(2)(A) under such heading for the period October 1, 2017, through
September 30, 2018.
Sec. 111. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition for H-
2B nonimmigrants filed by an employer in the seafood industry is
granted, the employer may bring the nonimmigrants described in the
petition into the United States at any time during the 120-day
period beginning on the start date for which the employer is
seeking the services of the nonimmigrants without filing another
petition.
(2) Requirements for crossings after 90th day.--An employer in
the seafood industry may not bring H-2B nonimmigrants into the
United States after the date that is 90 days after the start date
for which the employer is seeking the services of the nonimmigrants
unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2
separate Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into the United States
during the 120-day period specified in paragraph (1) to be
staggering the date of need in violation of section 655.20(d) of
title 20, Code of Federal Regulations, or any other applicable
provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 112. The determination of prevailing wage for the purposes of
the H-2B program shall be the greater of--(1) the actual wage level
paid by the employer to other employees with similar experience and
qualifications for such position in the same location; or (2) the
prevailing wage level for the occupational classification of the
position in the geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time of filing
the petition. In the determination of prevailing wage for the purposes
of the H-2B program, the Secretary shall accept private wage surveys
even in instances where Occupational Employment Statistics survey data
are available unless the Secretary determines that the methodology and
data in the provided survey are not statistically supported.
Sec. 113. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 114. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess personal
property to apprenticeship programs for the purpose of training
apprentices in those programs.
Sec. 115. The proviso at the end of paragraph (1) under the
heading ``Department of Labor--Employment and Training Administration--
State Unemployment Insurance and Employment Service Operations'' in
title I of division G of Public Law 113-235 shall be applied in fiscal
year 2018 by substituting ``seven'' for ``six''.
Sec. 116. Section 5(b) of the HIRE Vets Act (division O of Public
Law 115-31) is amended to read as follows:
``(b) To the extent provided in advance in appropriations Acts, the
Secretary may assess a reasonable fee on employers that apply for
receipt of a HIRE Vets Medallion Award and the Secretary shall deposit
such fees into the HIRE Vets Medallion Award Fund. The Secretary shall
establish the amount of the fee such that the amounts collected as fees
and deposited into the Fund are sufficient to cover the costs
associated with carrying out this division.''.
Sec. 117. (a) The Act entitled ``An Act to create a Department of
Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be
applied as if the following text is part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to employ
law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during the
workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official duties
by the Secretary;
``(2) provide protection, incidental to the protection provided
to the Secretary, to a member of the immediate family of the
Secretary who is participating in an activity or event relating to
the official duties of the Secretary;
``(3) provide continuous protection to the Secretary (including
during periods not described in paragraph (1)) and to the members
of the immediate family of the Secretary if there is a unique and
articulable threat of physical harm, in accordance with guidelines
established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor or
another senior officer representing the Secretary of Labor at a
public event if there is a unique and articulable threat of
physical harm, in accordance with guidelines established by the
Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense against
the United States committed in the presence of such officer or
special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting advance
work to review security matters relating to sites and events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into potential
threats to the security of the Secretary, in coordination with the
Inspector General of the Department of Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 118. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center is
situated. Any sale or other disposition will not be subject to any
requirement of any Federal law or regulation relating to the
disposition of Federal real property, including but not limited to
Subchapter III of Chapter 5 of Title 40 of the United States Code and
Subchapter V of Chapter 119 of Title 42 of the United States Code. The
net proceeds of such a sale shall be transferred to the Secretary,
which shall be available until expended to carry out the Job Corps
Program.
This title may be cited as the ``Department of Labor Appropriations
Act, 2018''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,626,522,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than
$114,893,000 shall be available until expended for carrying out
subsections (g) through (n) and (q) of section 224 of the PHS Act, and
for expenses incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to administrative
claims made under such law: Provided further, That the ninth provisos
under the heading ``Department of Health and Human Services--Health
Resources and Services Administration--Health Resources and Services''
in Public Laws 104-208 and 105-78 are amended by striking
``$80,000,000'' and inserting ``$152,700,000'' in each such ninth
proviso and by adding at the end of each such ninth proviso the
following new proviso: ``Provided further, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974:'': Provided further, That of
funds provided for the Health Centers program, as defined by section
330 of the PHS Act, by this Act or any other Act for fiscal year 2018,
not less than $200,000,000 shall be obligated in fiscal year 2018 for
improving quality of care or expanded service grants under section 330
of the PHS Act to support and enhance behavioral health, mental health,
or substance use disorder services.
Of the funds made available under this heading, $20,000,000 shall
remain available until expended for the cost of guaranteed loans, as
authorized under part A of title XVI of the PHS Act, for non-Federal
lenders for the construction, renovation, and modernization of medical
facilities that are operated by health centers: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That such funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$743,494,000.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,060,695,000, of which $111,916,000 shall remain available through
September 30, 2019 to carry out sections 755 and 756 of the PHS Act:
Provided, That sections 747(c)(2), 751(j)(2), 762(k), and the
proportional funding amounts in paragraphs (1) through (4) of section
756(f) of the PHS Act shall not apply to funds made available under
this heading: Provided further, That for any program operating under
section 751 of the PHS Act on or before January 1, 2009, the Secretary
of Health and Human Services (referred to in this title as the
``Secretary'') may hereafter waive any of the requirements contained in
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project
period of a grant under such section: Provided further, That no funds
shall be available for section 340G-1 of the PHS Act: Provided
further, That fees collected for the disclosure of information under
section 427(b) of the Health Care Quality Improvement Act of 1986 and
sections 1128E(d)(2) and 1921 of the Social Security Act shall be
sufficient to recover the full costs of operating the programs
authorized by such sections and shall remain available until expended
for the National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart 3 of
part D of title III of the PHS Act may be used to make prior year
adjustments to awards made under such sections: Provided further, That
$105,000,000 shall remain available until expended, for the purposes of
providing primary health services, be used to assign National Health
Service Corps (``NHSC'') members to expand the delivery of substance
use disorder treatment services, notwithstanding the assignment
priorities and limitations in or under sections 333(a)(1)(D), 333(b),
and 333A(a)(1)(B)(ii) of the PHS Act, and to make NHSC Loan Repayment
Program awards under section 338B of such Act: Provided further, That
for purposes of the previous proviso, section 331(a)(3)(D) of the PHS
Act shall be applied as if the term ``primary health services''
includes clinical substance use disorder treatment services, including
those provided by masters level, licensed substance use disorder
treatment counselors.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health, title V of the Social Security
Act, and section 712 of the American Jobs Creation Act of 2004,
$886,789,000, of which $10,000,000 shall remain available through
September 30, 2022 to carry out section 330M of the PHS Act: Provided,
That notwithstanding sections 502(a)(1) and 502(b)(1) of the Social
Security Act, not more than $83,593,000 shall be available for carrying
out special projects of regional and national significance pursuant to
section 501(a)(2) of such Act and $10,276,000 shall be available for
projects described in subparagraphs (A) through (F) of section
501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,318,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2020, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $111,693,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$290,794,000, of which $49,609,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That of the funds made available under this
heading for Medicare rural hospital flexibility grants, $15,942,000
shall be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health information
technology and up to $1,000,000 shall be to carry out section
1820(g)(6) of the Social Security Act, with funds provided for grants
under section 1820(g)(6) available for the purchase and implementation
of telehealth services, including pilots and demonstrations on the use
of electronic health records to coordinate rural veterans care between
rural providers and the Department of Veterans Affairs electronic
health record system: Provided further, That notwithstanding section
338J(k) of the PHS Act, $10,000,000 shall be available for State
Offices of Rural Health: Provided further, That $15,000,000 shall
remain available through September 30, 2020 to support the Rural
Residency Development Program: Provided further, That $100,000,000
shall remain available through September 30, 2022, for the Rural
Communities Opioids Response Program.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $155,000,000: Provided, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Care Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund (the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the PHS Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$9,200,000 shall be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect
to immunization and respiratory diseases, $474,055,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act
with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,127,278,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $562,572,000.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$915,346,000: Provided, That funds appropriated under this account may
be available for making grants under section 1509 of the PHS Act for
not less than 21 States, tribes, or tribal organizations: Provided
further, That of the funds made available under this heading,
$15,000,000 shall be available to continue and expand community
specific extension and outreach programs to combat obesity in counties
with the highest levels of obesity: Provided further, That the
proportional funding requirements under section 1503(a) of the PHS Act
shall not apply to funds made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $140,560,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $490,397,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $188,750,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $648,559,000, of which
$475,579,000 shall remain available until September 30, 2019 for an
evidence-based opioid drug overdose prevention program.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety
and Health Act, with respect to occupational safety and health,
$335,200,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be
available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law 106-
554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $488,621,000, of which (1) $128,421,000 shall
remain available through September 30, 2019 for international HIV/AIDS
and (2) $50,000,000 shall remain available through September 30, 2020
for Global Disease Detection and Emergency Response: Provided, That
funds may be used for purchase and insurance of official motor vehicles
in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $1,450,000,000, of which $610,000,000 shall remain
available until expended for the Strategic National Stockpile:
Provided, That in the event the Director of the Centers for Disease
Control and Prevention (referred to in this title as ``CDC'') activates
the Emergency Operations Center, the Director of the CDC may detail CDC
staff without reimbursement for up to 90 days to support the work of
the CDC Emergency Operations Center, so long as the Director provides a
notice to the Committees on Appropriations of the House of
Representatives and the Senate within 15 days of the use of this
authority and a full report within 30 days after use of this authority
which includes the number of staff and funding level broken down by the
originating center and number of days detailed: Provided further, That
funds appropriated under this heading may be used to support a contract
for the operation and maintenance of an aircraft in direct support of
activities throughout CDC to ensure the agency is prepared to address
public health preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
demolition, and renovation of facilities, $270,000,000, which shall
remain available until September 30, 2022, of which $240,000,000 shall
be for a CDC biosafety level 4 laboratory: Provided, That in addition
to the amount provided, $240,000,000 shall be for a CDC biosafety level
4 laboratory for the purposes described in the previous proviso and
shall be derived by transfer from the Fund established by Public Law
110-161, division G, title II, section 223 and shall remain available
until September 30, 2022: Provided further, That funds previously set-
aside by CDC for repair and upgrade of the Lake Lynn Experimental Mine
and Laboratory shall be used to acquire a replacement mine safety
research facility: Provided further, That in addition, the prior year
unobligated balance of any amounts assigned to former employees in
accounts of CDC made available for Individual Learning Accounts shall
be credited to and merged with the amounts made available under this
heading to support the replacement of the mine safety research
facility.
cdc-wide activities and program support
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $113,570,000: Provided,
That paragraphs (1) through (3) of subsection (b) of section 2821 of
the PHS Act shall not apply to funds appropriated under this heading
and in all other accounts of the CDC: Provided further, That employees
of CDC or the Public Health Service, both civilian and commissioned
officers, detailed to States, municipalities, or other organizations
under authority of section 214 of the PHS Act, or in overseas
assignments, shall be treated as non-Federal employees for reporting
purposes only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or HHS during the period of detail
or assignment: Provided further, That CDC may use up to $10,000 from
amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2019.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $5,664,800,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $3,383,201,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $447,735,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $1,970,797,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,145,149,000:
Provided, That $250,000,000 shall be available until September 30, 2019
for research related to opioid addiction, development of opioid
alternatives, pain management, and addiction treatment: Provided
further, That each for-profit recipient of funds provided in the
previous proviso shall be subject to a matching requirement of funds or
documented in-kind contributions of not less than 50 percent of the
total funds awarded to such entity.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $5,260,210,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,785,400,000, of which
$922,871,000 shall be from funds available under section 241 of the PHS
Act: Provided, That not less than $350,575,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,452,006,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $772,317,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $751,143,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $2,574,091,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$586,661,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $459,974,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $158,033,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $509,573,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,383,603,000: Provided, That $250,000,000
shall be available until September 30, 2019 for research related to
opioid addiction, development of opioid alternatives, pain management,
and addiction treatment: Provided further, That each for-profit
recipient of funds provided in the previous proviso shall be subject to
a matching requirement of funds or documented in-kind contributions of
not less than 50 percent of the total funds awarded to such entity.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,711,775,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $556,881,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$377,871,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $142,184,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$303,200,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $75,733,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $428,553,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2019: Provided
further, That in fiscal year 2018, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of
the National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $742,354,000: Provided, That up to
$25,835,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $542,771,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
For carrying out the responsibilities of the Office of the
Director, NIH, $1,803,293,000: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited to the
NIH Management Fund shall remain available for one fiscal year after
the fiscal year in which they are deposited: Provided further, That
$165,000,000 shall be for the National Children's Study Follow-on:
Provided further, That $588,116,000 shall be available for the Common
Fund established under section 402A(c)(1) of the PHS Act: Provided
further, That of the funds provided, $10,000 shall be for official
reception and representation expenses when specifically approved by the
Director of the NIH: Provided further, That the Office of AIDS
Research within the Office of the Director of the NIH may spend up to
$8,000,000 to make grants for construction or renovation of facilities
as provided for in section 2354(a)(5)(B) of the PHS Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund for the purpose of carrying out section
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
authorized in the Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of,
and acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $128,863,000, to remain
available through September 30, 2022.
nih innovation account, cures act
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes in the appropriations provided to
the NIH in this Act, $496,000,000, to remain available until expended:
Provided, That such amounts are appropriated pursuant to section
1001(b)(3) of such Act, are to be derived from amounts transferred
under section 1001(b)(2)(A) of such Act, and may be transferred by the
Director of the National Institutes of Health to other accounts of the
National Institutes of Health solely for the purposes provided in such
Act: Provided further, That upon a determination by the Director that
funds transferred pursuant to the previous proviso are not necessary
for the purposes provided, such amounts may be transferred back to the
Account: Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority provided by
law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $1,453,972,000: Provided, That notwithstanding
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A shall be available for carrying out section 1971 of
the PHS Act: Provided further, That in addition to amounts provided
herein, $21,039,000 shall be available under section 241 of the PHS Act
to carry out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That up to 10 percent of the amounts made available
to carry out the Children's Mental Health Services program may be used
to carry out demonstration grants or contracts for early interventions
with persons not more than 25 years of age at clinical high risk of
developing a first episode of psychosis: Provided further, That
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated
in this Act for fiscal year 2018: Provided further, That States shall
expend at least 10 percent of the amount each receives for carrying out
section 1911 of the PHS Act to support evidence-based programs that
address the needs of individuals with early serious mental illness,
including psychotic disorders, regardless of the age of the individual
at onset: Provided further, That $100,000,000 shall be available until
September 30, 2020 for grants to communities and community
organizations who meet criteria for Certified Community Behavioral
Health Clinics pursuant to section 223(a) of Public Law 113-93:
Provided further, That none of the funds provided for section 1911 of
the PHS Act shall be subject to section 241 of such Act: Provided
further, That of the funds made available under this heading,
$15,000,000 shall be to carry out section 224 of the Protecting Access
to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, $3,182,306,000: Provided,
That $1,000,000,000 shall be for State Opioid Response Grants for
carrying out activities pertaining to opioids undertaken by the State
agency responsible for administering the substance abuse prevention and
treatment block grant under subpart II of part B of title XIX of the
PHS Act (42 U.S.C. 300x-21 et seq.): Provided further, That of such
amount $50,000,000 shall be made available to Indian Tribes or tribal
organizations: Provided further, That 15 percent of the remaining
amount shall be for the States with the highest mortality rate related
to opioid use disorders: Provided further, That of the amounts
provided for State Opioid Response Grants not more than 2 percent shall
be available for Federal administrative expenses, training, technical
assistance, and evaluation: Provided further, That of the amount not
reserved by the previous three provisos, the Secretary shall make
allocations to States, territories, and the District of Columbia
according to a formula using national survey results that the Secretary
determines are the most objective and reliable measure of drug use and
drug-related deaths: Provided further, That the Secretary shall submit
the formula methodology to the Committees on Appropriations of the
House of Representatives and the Senate not less than 30 days prior to
publishing a Funding Opportunity Announcement: Provided further, That
prevention and treatment activities funded through such grants may
include education, treatment (including the provision of medication),
behavioral health services for individuals in treatment programs,
referral to treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each State, as
well as the District of Columbia, shall receive not less than
$4,000,000: Provided further, That in addition to amounts provided
herein, the following amounts shall be available under section 241 of
the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title
XIX of the PHS Act to fund section 1935(b) technical assistance,
national data, data collection and evaluation activities, and further
that the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart II
of part B of title XIX; and (2) $2,000,000 to evaluate substance abuse
treatment programs: Provided further, That none of the funds provided
for section 1921 of the PHS Act or State Opioid Response Grants shall
be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $248,219,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $128,830,000: Provided, That in
addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may
be collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act
for carrying out section 501(m) of the PHS Act shall remain available
through September 30, 2019: Provided further, That funds made
available under this heading may be used to supplement program support
funding provided under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$334,000,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2018: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2019.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $284,798,384,000, to remain available until
expended.
For making, after May 31, 2018, payments to States under title XIX
or in the case of section 1928 on behalf of States under title XIX of
the Social Security Act for the last quarter of fiscal year 2018 for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2019, $134,847,759,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$323,497,300,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare and Medicaid
Services, not to exceed $3,669,744,000, to be transferred from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section
1893(h) of the Social Security Act, and such sums as may be collected
from authorized user fees and the sale of data, which shall be credited
to this account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect fees in
fiscal year 2018 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that
Act pursuant to section 1876(k)(4)(D) of that Act.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $745,000,000, to remain available through
September 30, 2019, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $500,368,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for Medicare
Advantage under Part C and the Medicare Prescription Drug Program under
Part D of the Social Security Act and for activities described in
section 1893(b) of such Act, of which $84,398,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud and abuse activities authorized by section 1817(k)(3)
of such Act, of which $84,398,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program integrity
activities, and of which $75,836,000 shall be for the Department of
Justice to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2018 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs for the
funds provided by this appropriation: Provided further, That of the
amount provided under this heading, $311,000,000 is provided to meet
the terms of section 251(b)(2)(C)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, and $434,000,000 is
additional new budget authority specified for purposes of section
251(b)(2)(C) of such Act: Provided further, That the Secretary shall
provide not less than $17,621,000 for the Senior Medicare Patrol
program to combat health care fraud and abuse from the funds provided
to this account.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, $2,995,400,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2019, $1,400,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3 months
of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low Income Home Energy Assistance Act of 1981, $3,640,304,000:
Provided, That all but $678,500,000 of this amount shall be allocated
as though the total appropriation for such payments for fiscal year
2018 was less than $1,975,000,000: Provided further, That
notwithstanding section 2609A(a), of the amounts appropriated under
section 2602(b), not more than $2,988,000 of such amounts may be
reserved by the Secretary for technical assistance, training, and
monitoring of program activities for compliance with internal controls,
policies and procedures and may, in addition to the authorities
provided in section 2609A(a)(1), use such funds through contracts with
private entities that do not qualify as nonprofit organizations.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
and for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$1,864,936,000, of which $1,830,446,000 shall remain available through
September 30, 2020 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided further, That the
limitation in section 205 of this Act regarding transfers increasing
any appropriation shall apply to transfers to appropriations under this
heading by substituting ``10 percent'' for ``3 percent''.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $5,226,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section
418 of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG
Act: Provided further, That in addition to the amounts required to be
reserved by the Secretary under section 658O(a)(2)(A) of such Act,
$156,780,000 shall be for Indian tribes and tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
the Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (adoption opportunities),
part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services Block Grant
Act (``CSBG Act''); and for necessary administrative expenses to carry
out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security
Act, the Act of July 5, 1960, the Low-Income Home Energy Assistance Act
of 1981, the Child Care and Development Block Grant Act of 1990, the
Assets for Independence Act, title IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance
Act of 1980, $12,022,225,000, of which $75,000,000, to remain available
through September 30, 2019, shall be for grants to States for adoption
and legal guardianship incentive payments, as defined by section 473A
of the Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2018: Provided, That
$9,863,095,000 shall be for making payments under the Head Start Act:
Provided further, That of the amount in the previous proviso,
$8,823,095,000 shall be available for payments under section 640 of the
Head Start Act, of which $216,000,000 shall be available for a cost of
living adjustment notwithstanding section 640(a)(3)(A) of such Act:
Provided further, That notwithstanding such section 640, of the amount
in the second preceding proviso, $260,000,000 (of which up to one
percent may be reserved for research and evaluation) shall be available
through March 31, 2019 for award by the Secretary to grantees that
apply for supplemental funding to increase their hours of program
operations and for training and technical assistance for such
activities: Provided further, That of the amount provided for making
payments under the Head Start Act, $25,000,000 shall be available for
allocation by the Secretary to supplement activities described in
paragraphs (7)(B) and (9) of section 641(c) of such Act under the
Designation Renewal System, established under the authority of sections
641(c)(7), 645A(b)(12) and 645A(d) of such Act: Provided further, That
notwithstanding such section 640, of the amount provided for making
payments under the Head Start Act, and in addition to funds otherwise
available under such section 640 for such purposes, $755,000,000 shall
be available through March 31, 2019 for Early Head Start programs as
described in section 645A of such Act, for conversion of Head Start
services to Early Head Start services as described in section
645(a)(5)(A) of such Act, for discretionary grants for high quality
infant and toddler care through Early Head Start-Child Care
Partnerships, to entities defined as eligible under section 645A(d) of
such Act, for training and technical assistance for such activities,
and for up to $16,000,000 in Federal costs of administration and
evaluation, and, notwithstanding section 645A(c)(2) of such Act, these
funds are available to serve children under age 4: Provided further,
That funds described in the preceding two provisos shall not be
included in the calculation of ``base grant'' in subsequent fiscal
years, as such term is used in section 640(a)(7)(A) of such Act:
Provided further, That $250,000,000 shall be available until December
31, 2018 for carrying out sections 9212 and 9213 of the Every Student
Succeeds Act: Provided further, That up to 3 percent of the funds in
the preceding proviso shall be available for technical assistance and
evaluation related to grants awarded under such section 9212: Provided
further, That $742,883,000 shall be for making payments under the CSBG
Act: Provided further, That $28,233,000 shall be for sections 680 and
678E(b)(2) of the CSBG Act, of which not less than $19,883,000 shall be
for section 680(a)(2) and not less than $8,000,000 shall be for section
680(a)(3)(B) of such Act: Provided further, That, notwithstanding
section 675C(a)(3) of such Act, to the extent Community Services Block
Grant funds are distributed as grant funds by a State to an eligible
entity as provided under such Act, and have not been expended by such
entity, they shall remain with such entity for carryover into the next
fiscal year for expenditure by such entity consistent with program
purposes: Provided further, That the Secretary shall establish
procedures regarding the disposition of intangible assets and program
income that permit such assets acquired with, and program income
derived from, grant funds authorized under section 680 of the CSBG Act
to become the sole property of such grantees after a period of not more
than 12 years after the end of the grant period for any activity
consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, That intangible assets in the form of loans, equity
investments and other debt instruments, and program income may be used
by grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these procedures
shall apply to such grant funds made available after November 29, 1999:
Provided further, That funds appropriated for section 680(a)(2) of the
CSBG Act shall be available for financing construction and
rehabilitation and loans or investments in private business enterprises
owned by community development corporations: Provided further, That
$160,000,000 shall be for carrying out section 303(a) of the Family
Violence Prevention and Services Act, of which $5,000,000 shall be
allocated notwithstanding section 303(a)(2) of such Act for carrying
out section 309 of such Act: Provided further, That the percentages
specified in section 112(a)(2) of the Child Abuse Prevention and
Treatment Act shall not apply to funds appropriated under this heading:
Provided further That $1,864,000 shall be for a human services case
management system for federally declared disasters, to include a
comprehensive national case management contract and Federal costs of
administering the system: Provided further, That up to $2,000,000
shall be for improving the Public Assistance Reporting Information
System, including grants to States to support data collection for a
study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $99,765,000: Provided,
That of the funds available to carry out section 437, $59,765,000 shall
be allocated consistent with subsections (b) through (d) of such
section (as such section shall be so in effect on October 1, 2018):
Provided further, That of the funds available to carry out section 437,
to assist in meeting the requirements described in section 471(e)(4)(C)
(as such section shall be so in effect on October 1, 2018), $20,000,000
shall be for grants to each State, territory, and Indian tribe
operating title IV-E plans for developing, enhancing, or evaluating
kinship navigator programs, as described in section 427(a)(1) of such
Act, and $20,000,000, in addition to funds otherwise appropriated in
section 436 for such purposes, shall be for competitive grants to
regional partnerships as described in section 437(f): Provided
further, That section 437(b)(1) shall be applied to amounts in the
previous proviso by substituting ``5 percent'' for ``3.3 percent'', and
notwithstanding section 436(b)(1), such reserved amounts may be used
for identifying, establishing, and disseminating practices to meet the
criteria specified in section 471(e)(4)(C) (as such section shall be so
in effect on October 1, 2018): Provided further, That the reservation
in section 437(b)(2) and the limitations in section 437(d) shall not
apply to funds specified in the second proviso: Provided further, That
the minimum grant award for kinship navigator programs in the case of
States and territories shall be $200,000, and, in the case of tribes,
shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $6,225,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2019,
$2,700,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), titles III and XXIX of the PHS Act,
sections 1252 and 1253 of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, title XX-B of the
Social Security Act, the Developmental Disabilities Assistance and Bill
of Rights Act, parts 2 and 5 of subtitle D of title II of the Help
America Vote Act of 2002, the Assistive Technology Act of 1998, titles
II and VII (and section 14 with respect to such titles) of the
Rehabilitation Act of 1973, and for Department-wide coordination of
policy and program activities that assist individuals with
disabilities, $2,095,100,000, together with $49,115,000 to be
transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That
amounts appropriated under this heading may be used for grants to
States under section 361 of the OAA only for disease prevention and
health promotion programs and activities which have been demonstrated
through rigorous evaluation to be evidence-based and effective:
Provided further, That of amounts made available under this heading to
carry out sections 311, 331, and 336 of the OAA, up to one percent of
such amounts shall be available for developing and implementing
evidence-based practices for enhancing senior nutrition: Provided
further, That notwithstanding any other provision of this Act, funds
made available under this heading to carry out section 311 of the OAA
may be transferred to the Secretary of Agriculture in accordance with
such section: Provided further, That $2,000,000 shall be for
competitive grants to support alternative financing programs that
provide for the purchase of assistive technology devices, such as a
low-interest loan fund; an interest buy-down program; a revolving loan
fund; a loan guarantee; or an insurance program: Provided further,
That applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing program will
expand and emphasize consumer choice and control: Provided further,
That State agencies and community-based disability organizations that
are directed by and operated for individuals with disabilities shall be
eligible to compete: Provided further, That none of the funds made
available under this heading may be used by an eligible system (as
defined in section 102 of the Protection and Advocacy for Individuals
with Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an individual or
group of individuals with a developmental disability (as defined in
section 102(8)(A) of the Developmental Disabilities and Assistance and
Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable
to a mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of State
operated intermediate care facilities for people with intellectual or
developmental disabilities, unless reasonable public notice of the
action has been provided to such individuals (or, in the case of mental
incapacitation, the legal guardians who have been specifically awarded
authority by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action, within 90
days of instituting such legal action, which informs such individuals
(or such legal guardians) of their legal rights and how to exercise
such rights consistent with current Federal Rules of Civil Procedure:
Provided further, That the limitations in the immediately preceding
proviso shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the proviso
apply in the case of individuals who are a ward of the State or subject
to public guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$470,629,000, together with $64,828,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: Provided, That of this
amount, $53,900,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available under
this heading, $101,000,000 shall be for making competitive contracts
and grants to public and private entities to fund medically accurate
and age appropriate programs that reduce teen pregnancy and for the
Federal costs associated with administering and evaluating such
contracts and grants, of which not more than 10 percent of the
available funds shall be for training and technical assistance,
evaluation, outreach, and additional program support activities, and of
the remaining amount 75 percent shall be for replicating programs that
have been proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent shall be
available for research and demonstration grants to develop, replicate,
refine, and test additional models and innovative strategies for
preventing teenage pregnancy: Provided further, That of the amounts
provided under this heading from amounts available under section 241 of
the PHS Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy prevention
approaches: Provided further, That of the funds made available under
this heading, $25,000,000 shall be for making competitive grants which
exclusively implement education in sexual risk avoidance (defined as
voluntarily refraining from non-marital sexual activity): Provided
further, That funding for such competitive grants for sexual risk
avoidance shall use medically accurate information referenced to peer-
reviewed publications by educational, scientific, governmental, or
health organizations; implement an evidence-based approach integrating
research findings with practical implementation that aligns with the
needs and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for
poverty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors such
as underage drinking or illicit drug use without normalizing teen
sexual activity: Provided further, That no more than 10 percent of the
funding for such competitive grants for sexual risk avoidance shall be
available for technical assistance and administrative costs of such
programs: Provided further, That funds provided in this Act for embryo
adoption activities may be used to provide to individuals adopting
embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with 42 CFR
59.5(a)(4).
account for the state response to the opioid abuse crisis, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1003(c) of the 21st Century Cures Act, $500,000,000 to remain
available until expended: Provided, That such amounts are appropriated
pursuant to section 1003(b)(3) of such Act, are to be derived from
amounts transferred under section 1003(b)(2)(A) of such Act, and may be
transferred by the Secretary of Health and Human Services to other
accounts of the Department solely for the purposes provided in such
Act: Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided by law.
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings and
Appeals, $182,381,000 shall remain available until September 30, 2019,
to be transferred in appropriate part from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$80,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $993,458,000, of which $536,700,000 shall remain
available through September 30, 2019, for expenses necessary to support
advanced research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds provided
under this heading for the purpose of acquisition of security
countermeasures shall be in addition to any other funds available for
such purpose: Provided further, That products purchased with funds
provided under this heading may, at the discretion of the Secretary, be
deposited in the Strategic National Stockpile pursuant to section 319F-
2 of the PHS Act: Provided further, That $5,000,000 of the amounts
made available to support emergency operations shall remain available
through September 30, 2020.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $710,000,000, to
remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $250,000,000; of which $215,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for
the construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) and the implementation and effectiveness of programs
funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the execution of a contract awarded in fiscal year 2018
under section 338B of such Act.
Sec. 207. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 211. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during
fiscal year 2018:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956. The Secretary shall
consult with the Secretary of State and relevant Chief of Mission
to ensure that the authority provided in this section is exercised
in a manner consistent with section 207 of the Foreign Service Act
of 1980 and other applicable statutes administered by the
Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall cooperate
fully with the Secretary to ensure that HHS has secure, safe,
functional facilities that comply with applicable regulation
governing location, setback, and other facilities requirements and
serve the purposes established by this Act. The Secretary is
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating foreign
countries, funds to acquire, lease, alter, or renovate facilities
in those countries as necessary to conduct programs of assistance
for international health activities, including activities relating
to HIV/AIDS and other infectious diseases, chronic and
environmental diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allowances
and benefits similar to those provided under chapter 9 of title I
of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the Secretary. The
Secretary is further authorized to provide locality-based
comparability payments (stated as a percentage) up to the amount of
the locality-based comparability payment (stated as a percentage)
that would be payable to such personnel under section 5304 of title
5, United States Code if such personnel's official duty station
were in the District of Columbia. Leaves of absence for personnel
under this subsection shall be on the same basis as that provided
under subchapter I of chapter 63 of title 5, United States Code, or
section 903 of the Foreign Service Act of 1980, to individuals
serving in the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of
the Office of AIDS Research, may transfer up to 3 percent among
institutes and centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the
Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other
than contracts, cooperative agreements, or grants) to carry out
research identified pursuant to or research and activities described in
such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources
and Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract will
serve the best interests of the Federal Government by encouraging
full and open competition or promoting economy in administration,
performance, and operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code; and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year 2020
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating the
program, project, or activity receiving such funds, the Federal
operating division or office that administers such program, and the
amount of funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from
the report employees or contractors who--
(1) are supported through appropriations enacted in laws other
than the ACA and work on programs that existed prior to the passage
of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal year
2020 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare and Medicaid Services specifically for
Health Insurance Exchanges for each fiscal year since the enactment of
the ACA and the proposed uses for such funds for fiscal year 2020. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 221. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care Act of
2010 pertaining to enrollments during the open enrollment period;
and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the Public
Health Service Act.
(b) The Committees on Appropriations of the House and Senate must
be notified at least 2 business days in advance of any public release
of enrollment information or the award of such grants.
Sec. 222. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare and Medicaid Services--
Program Management'' account, may be used for payments under section
1342(b)(1) of Public Law 111-148 (relating to risk corridors).
Sec. 223. The Secretary shall include in the fiscal year 2020
budget justification an analysis of how section 2713 of the PHS Act
will impact eligibility for discretionary HHS programs.
(transfer of funds)
Sec. 224. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
ACA to the accounts specified, in the amounts specified, and for the
activities specified under the heading ``Prevention and Public Health
Fund'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 225. Effective during the period beginning on November 1,
2015 and ending January 1, 2020, any provision of law that refers
(including through cross-reference to another provision of law) to the
current recommendations of the United States Preventive Services Task
Force with respect to breast cancer screening, mammography, and
prevention shall be administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with respect to
breast cancer screening, mammography, and prevention last issued
before 2009; and
(2) such recommendations last issued before 2009 applied to any
screening mammography modality under section 1861(jj) of the Social
Security Act (42 U.S.C. 1395x(jj)).
Sec. 226. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations from
negotiated rates, shall continue to apply to the National Institutes of
Health to the same extent and in the same manner as such provisions
were applied in the third quarter of fiscal year 2017. None of the
funds appropriated in this or prior Acts or otherwise made available to
the Department of Health and Human Services or to any department or
agency may be used to develop or implement a modified approach to such
provisions, or to intentionally or substantially expand the fiscal
effect of the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare and Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $305,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
(transfer of funds)
Sec. 228. The NIH Director may transfer funds specifically
appropriated for opioid addiction, opioid alternatives, pain
management, and addiction treatment to other Institutes and Centers of
the NIH to be used for the same purpose 15 days after notifying the
Committees on Appropriations: Provided, That the transfer authority
provided in the previous proviso is in addition to any other transfer
authority provided by law.
Sec. 229. None of the funds made available by this Act to carry
out the Child Care and Development Block Grant Act of 1990 may be
provided to any child care provider if a list of providers (as
mentioned in part 98 of title 45 of the Code of Federal Regulations,
applicable to the Department of Health and Human Services,
Administration of Children and Families, and in the final rule
published in the Federal Register, Vol. 81, No. 190, on Sept. 30, 2016)
indicates that a serious injury or death occurred at the provider due
to a substantiated health or safety violation.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2018''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $16,443,790,000, of which
$5,525,990,000 shall become available on July 1, 2018, and shall remain
available through September 30, 2019, and of which $10,841,177,000
shall become available on October 1, 2018, and shall remain available
through September 30, 2019, for academic year 2018-2019: Provided,
That $6,459,401,000 shall be for basic grants under section 1124 of the
ESEA: Provided further, That up to $5,000,000 of these funds shall be
available to the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2017, to obtain annually updated local
educational agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,362,301,000 shall be for
concentration grants under section 1124A of the ESEA: Provided
further, That $3,969,050,000 shall be for targeted grants under section
1125 of the ESEA: Provided further, That $3,969,050,000 shall be for
education finance incentive grants under section 1125A of the ESEA:
Provided further, That $217,000,000 shall be for carrying out subpart 2
of part B of title II: Provided further, That $44,623,000 shall be for
carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,414,112,000,
of which $1,270,242,000 shall be for basic support payments under
section 7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $17,406,000 shall be for
construction under section 7007(a), $73,313,000 shall be for Federal
property payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 7008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 7003(a)
for school year 2017-2018, children enrolled in a school of such agency
that would otherwise be eligible for payment under section
7003(a)(1)(B) of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole custody of
such children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside on
Federal property as described in section 7003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily
attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,158,467,000, of which $3,329,902,000 shall become available on July
1, 2018, and remain available through September 30, 2019, and of which
$1,681,441,000 shall become available on October 1, 2018, and shall
remain available through September 30, 2019, for academic year 2018-
2019: Provided, That $378,000,000 shall be for part B of title I:
Provided further, That $1,211,673,000 shall be for part B of title IV:
Provided further, That $36,397,000 shall be for part B of title VI and
may be used for construction, renovation, and modernization of any
elementary school, secondary school, or structure related to an
elementary school or secondary school, run by the Department of
Education of the State of Hawaii, that serves a predominantly Native
Hawaiian student body: Provided further, That $35,453,000 shall be for
part C of title VI and shall be awarded on a competitive basis, and
also may be used for construction: Provided further, That $52,000,000
shall be available to carry out section 203 of the Educational
Technical Assistance Act of 2002 and the Secretary shall make such
arrangements as determined to be necessary to ensure that the Bureau of
Indian Education has access to services provided under this section:
Provided further, That $16,699,000 shall be available to carry out the
Supplemental Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided further,
That the Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That $180,840,000
shall be for part B of title V: Provided further, That $1,100,000,000
shall be available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $180,239,000, of which
$67,993,000 shall be for subpart 2 of part A of title VI and $6,865,000
shall be for subpart 3 of part A of title VI.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part
F of title IV of the ESEA, $982,256,000: Provided, That $278,515,000
shall be for subparts 1, 3 and 4 of part B of title II and shall be
made available without regard to sections 2201, 2231(b) and 2241:
Provided further, That $583,741,000 shall be for parts C, D, and E and
subpart 4 of part F of title IV, and shall be made available without
regard to sections 4311, 4409(a), and 4601 of the ESEA: Provided
further, That section 4303(d)(3)(A)(i) shall not apply to the funds
available for part C of title IV: Provided further, That of the funds
available for part C of title IV, the Secretary shall use $50,000,000
to carry out section 4304, of which not more than $10,000,000 shall be
available to carry out section 4304(k), $120,000,000, to remain
available through March 31, 2019, to carry out section 4305(b), and not
more than $14,000,000 to carry out the activities in section
4305(a)(3): Provided further, That notwithstanding section 4601(b),
$120,000,000 shall be available through December 31, 2018 for subpart 1
of part F of title IV.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part
F of title IV of the ESEA, $185,754,000: Provided, That $90,000,000
shall be available for section 4631, of which up to $5,000,000, to
remain available until expended, shall be for the Project School
Emergency Response to Violence (``Project SERV'') program: Provided
further, That $17,500,000 shall be available for section 4625:
Provided further, That $78,254,000 shall be available through December
31, 2018, for section 4624: Provided further, That section 4623(b) of
the ESEA shall apply to funds appropriated for Promise Neighborhoods
under this heading in prior appropriations acts: Provided further,
That, no later than June 1, 2018, the Secretary shall award extension
grants under such section on a competitive basis to implementation
grantees that have demonstrated the ability to collect, track, and
report longitudinal data on performance indicators established by the
Department and required to be reported on annually as part of the
initial implementation grant; demonstrated the most positive and
promising results during their initial implementation grant based on
such indicators, emphasizing getting children ready to learn;
demonstrated a commitment to operating in the most underserved and
under-resourced, including rural, areas; and propose continuing to
pursue ambitious goals during an extension of that grant.
English Language Acquisition
For carrying out part A of title III of the ESEA, $737,400,000,
which shall become available on July 1, 2018, and shall remain
available through September 30, 2019, except that 6.5 percent of such
amount shall be available on October 1, 2017, and shall remain
available through September 30, 2019, to carry out activities under
section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$13,366,184,000, of which $3,845,585,000 shall become available on July
1, 2018, and shall remain available through September 30, 2019, and of
which $9,283,383,000 shall become available on October 1, 2018, and
shall remain available through September 30, 2019, for academic year
2018-2019: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2017, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2017: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso
to local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and
the amounts distributed to States under the previous provisos in fiscal
year 2012 or any subsequent year shall not be considered in calculating
the awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That, notwithstanding the
provision in section 612(a)(18)(B) regarding the fiscal year in which a
State's allocation under section 611(d) is reduced for failure to
comply with the requirement of section 612(a)(18)(A), the Secretary may
apply the reduction specified in section 612(a)(18)(B) over a period of
consecutive fiscal years, not to exceed five, until the entire
reduction is applied: Provided further, That the Secretary may, in any
fiscal year in which a State's allocation under section 611 is reduced
in accordance with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as the
reduction under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section 611(d) in
the absence of the reduction: Provided further, That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may be used
to provide technical assistance to States to improve the capacity of
the States to meet the data collection requirements of sections 616 and
618 and to administer and carry out other services and activities to
improve data collection, coordination, quality, and use under parts B
and C of the IDEA: Provided further, That the Secretary may use funds
made available for the State Personnel Development Grants program under
part D, subpart 1 of IDEA to evaluate program performance under such
subpart.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,587,130,000, of which $3,452,931,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the Rehabilitation Act,
including activities aimed at improving the education and post-school
outcomes of children receiving Supplemental Security Income (``SSI'')
and their families that may result in long-term improvement in the SSI
child recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the funds to
other public and private, nonprofit entities: Provided further, That
any funds made available subsequent to reallotment for innovative
activities aimed at improving the outcomes of individuals with
disabilities shall remain available until September 30, 2019.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to promote the Education of the Blind of
March 3, 1879, $27,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $73,000,000:
Provided, That from the total amount available, the Institute may at
its discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $128,000,000: Provided, That from the total amount available,
the University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 and the Adult
Education and Family Literacy Act (``AEFLA''), $1,830,686,000, of which
$1,039,686,000 shall become available on July 1, 2018, and shall remain
available through September 30, 2019, and of which $791,000,000 shall
become available on October 1, 2018, and shall remain available through
September 30, 2019: Provided, That of the amounts made available for
AEFLA, $13,712,000 shall be for national leadership activities under
section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,445,352,000, which shall remain available
through September 30, 2019.
The maximum Pell Grant for which a student shall be eligible during
award year 2018-2019 shall be $5,035.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $1,678,943,000, to remain available through
September 30, 2019: Provided, That the Secretary shall allocate new
student loan borrower accounts to eligible student loan servicers on
the basis of their performance compared to all loan servicers utilizing
established common metrics, and on the basis of the capacity of each
servicer to process new and existing accounts: Provided further, That
the Secretary shall, no later than September 30, 2017, allow student
loan borrowers who are consolidating Federal student loans to select
from any student loan servicer to service their new consolidated
student loan under the current student loan servicing contracts:
Provided further, That in order to promote accountability and high-
quality service to borrowers, the Secretary shall not award funding for
any contract solicitation for a new Federal student loan servicing
environment, including the solicitation for the FSA Next Generation
Processing and Servicing Environment as amended by the Department of
Education on February 20, 2018, unless such an environment provides for
the participation of multiple student loan servicers that contract
directly with the Department of Education to manage a unique portfolio
of borrower accounts and the full life-cycle of loans from disbursement
to pay-off with certain limited exceptions, and allocates student loan
borrower accounts to eligible student loan servicers based on
performance: Provided further, That such servicers described in the
previous proviso shall be evaluated based on their ability to meet
contract requirements, future performance on the contracts, and history
of compliance with applicable consumer protections laws: Provided
further, That to the extent Federal Student Aid (FSA) permits student
loan servicing subcontracting, FSA shall hold such subcontractors
accountable for meeting the requirements of the contract: Provided
further, That FSA shall create a fee structure with contractors that
provides more support to borrowers at risk of being distressed.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, and VII of the HEA, the Mutual Educational and Cultural
Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and
Technical Education Act of 2006, $2,246,551,000: Provided, That
notwithstanding any other provision of law, funds made available in
this Act to carry out title VI of the HEA and section 102(b)(6) of the
Mutual Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals who are
participating in advanced foreign language training and international
studies in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be used for
program evaluation, national outreach, and information dissemination
activities: Provided further, That up to 1.5 percent of the funds made
available under chapter 2 of subpart 2 of part A of title IV of the HEA
may be used for evaluation.
Howard University
For partial support of Howard University, $232,518,000, of which
not less than $3,405,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2019: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $313,863,000:
Provided further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities without
regard to the limitations within section 344(a) of the HEA.
In addition, $10,000,000 shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to
eligible institutions that are private Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment by having a score of 2.6
or less on the Department of Education's financial responsibility test:
Provided, That during the period of deferment of such a loan, interest
on the loan will not accrue or be capitalized, and the period of
deferment shall be for at least a period of 3-fiscal years and not more
than 6-fiscal years: Provided further, That when determining priority
for such institutions to receive such a deferment, the Secretary shall
give priority to institutions that operated in a financial deficit for
at least one of the previous 5 years according to audits provided to
the Department, or were sanctioned for financial related reasons by the
agency or association that accredited such institutions: Provided
further, That the Secretary shall create and execute an outreach plan
to work with States and the Capital Financing Advisory Board to improve
outreach to States and help additional public Historically Black
Colleges and Universities participate in the program.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $613,462,000, which shall remain available through
September 30, 2019: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may be used to
link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to further
develop such systems: Provided further, That up to $6,000,000 of the
funds available to carry out section 208 of the Educational Technical
Assistance Act may be used for awards to public or private
organizations or agencies to support activities to improve data
coordination, quality, and use at the local, State, and national
levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $430,000,000: Provided, That,
notwithstanding any other provision of law, none of the funds provided
by this Act or provided by previous Appropriations Acts to the
Department of Education available for obligation or expenditure in the
current fiscal year may be used for any activity relating to
implementing a reorganization that decentralizes, reduces the staffing
level, or alters the responsibilities, structure, authority, or
functionality of the Budget Service of the Department of Education,
relative to the organization and operation of the Budget Service as in
effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $117,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $61,143,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 305. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall
be applied by substituting ``2018'' for ``2017''.
Sec. 306. Funds appropriated in this Act and consolidated for
evaluation purposes under section 8601(c) of the ESEA shall be
available from July 1, 2018, through September 30, 2019.
Sec. 307. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2018 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 308. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ``2017'' and inserting ``2018''.
Sec. 309. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
amended in paragraph (4) by striking ``2017'' and inserting ``2018''.
(rescission)
Sec. 310. Section 401(b)(7)(A)(iv)(VIII) of the Higher Education
Act of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(VIII)) is amended by striking
``$1,382,000,000'' and inserting ``$1,334,000,000''.
Sec. 311. (a) Notwithstanding any other provision of law except as
provided under subsection (c), with respect to a local educational
agency that was notified by the Secretary in fiscal year 2017 of the
agency's eligibility to receive a basic support payment pursuant to
section 7003(b)(2)(B)(i)(III) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(III)) for fiscal year 2017 but
did not receive a payment under section 7003(b)(2) of such Act for
fiscal year 2017, in addition to payments received by the local
educational agency under section 7003(b)(1) of such Act, the Secretary
shall reserve from funds appropriated to carry out section 7003(b) of
such Act and make payments from such funds to such local educational
agency for fiscal years 2017, 2018, 2019, and 2020 in the following
amounts:
(1) $3,000,000 for fiscal year 2017.
(2) $5,000,000 for fiscal year 2018.
(3) $4,000,000 for fiscal year 2019.
(4) $4,000,000 for fiscal year 2020.
(b) For fiscal year 2017, a local educational agency described in
subsection (a) shall not be eligible for a basic support payment
pursuant to section 7003(b)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)).
(c) For fiscal year 2018 and succeeding fiscal years, if a local
educational agency described in subsection (a) is eligible to receive a
basic support payment pursuant to section 7003(b)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), the payment
received by the local educational agency shall be calculated under
section 7003(b)(2) of such Act and not under subsection (a).
(d) Section 7003(b)(2)(B) of the Elementary and Secondary Education
Act (20 U.S.C. 7703(b)(2)(B)) is amended--
(1) in clause (i)(III)--
(A) in item (aa), by striking ``and'' after the semicolon;
(B) in item (bb)(BB)--
(i) by inserting ``and received assistance for fiscal
year 2017 pursuant to subparagraph (G)'' after ``not less
than 65 percent''; and
(ii) by inserting ``and'' after the semicolon; and
(C) by adding at the end the following:
``(cc) received assistance under subparagraph
(A) of section 8003(b)(2), as such section was in
effect on the day before the date of enactment of
the Every Student Succeeds Act (Public Law 114-95;
129 Stat. 1802), for a fiscal year prior to fiscal
year 2017;''; and
(2) by striking clause (iii) and inserting the following:
``(iii) Eligibility.--
``(I) First time.--A local educational agency
seeking a payment under this paragraph for the first
time shall apply for and be determined eligible under
clause (i) for 2 consecutive years before receiving
such a payment, and shall not receive such a payment
for the first year of eligibility.
``(II) Resumption of eligibility.--A heavily
impacted local educational agency described in clause
(i) that becomes ineligible under such clause for 1 or
more fiscal years may resume eligibility for a basic
support payment under this paragraph for a subsequent
fiscal year only if the agency meets the requirements
of clause (i) for that subsequent fiscal year, except
that such agency shall not receive a basic support
payment under this paragraph until the fiscal year
succeeding the fiscal year for which the eligibility
determination is made.''.
(e) Section 579(c)(2) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2145) is amended, in
the matter preceding subparagraph (A), by striking ``for fiscal year
2017, 2018, or 2019,'' and inserting ``for fiscal year 2017 and any
succeeding fiscal year,''.
Sec. 312. For the purpose of providing temporary emergency impact
aid for displaced students under the Hurricane Education Recovery
heading in title VIII of subdivision 1 of division B of the Bipartisan
Budget Act of 2018 (Public Law 115-123), paragraph (2)(E) under such
heading is amended by inserting before the semicolon at the end the
following: ``and each reference to the end of the 2005-2006 school year
in section 107(f) of title IV of division B of Public Law 109-148,
shall be to December 31, 2018''.
Sec. 313. (a) Notwithstanding the limitations on sharing data
described in paragraph (3)(E) of section 483(a) of the HEA, an
institution of higher education may, with explicit written consent of
an applicant who has completed a FAFSA under such section 483(a),
provide such information collected from the applicant's FAFSA as is
necessary to a scholarship granting organization, including a tribal
organization (defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)), designated by the applicant
to assist the applicant in applying for and receiving financial
assistance for the applicant's cost of attendance (defined in section
472 of the HEA) at that institution.
(b) An organization that receives information pursuant to
subsection (a) shall not sell or otherwise share such information.
(c) This section shall be in effect until title IV of the HEA is
reauthorized.
Sec. 314. (a) In General.--For the purpose of carrying out section
435(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1085(a)(2)),
the Secretary of Education may waive the requirements under sections
435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of such Act (20 U.S.C.
1085(a)(5)(A)(i) and 20 U.S.C. 1085(a)(5)(A)(ii))--
(1) for an institution of higher education that offers an
associate degree, is a public institution, and is located in an
economically distressed county, defined as a county that ranks in
the lowest 5 percent of all counties in the United States based on
a national index of county economic status; and
(2) for an institution--
(A) that is a public institution of higher education or a
Tribal College or University (as defined in section 316(b) of
such Act (20 U.S.C. 1059c)); and
(B) whose fall enrollment for the most recently completed
academic year was comprised of a majority of students who are
Indian (as defined in such section) or Alaska Natives (as
defined in section 317(b) of such Act (20 U.S.C. 1059d(b)).
(b) Applicability.--Subsection (a) shall apply to an institution of
higher education that otherwise would be ineligible to participate in a
program under part A of title IV of the Higher Education Act of 1965 on
or after the date of enactment of this Act due to the application of
section 435(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1085(a)(2)).
(c) Coverage.--This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
Sec. 315. For an additional amount for ``Department of Education--
Federal Direct Student Loan Program Account'', $350,000,000, to remain
available until expended, shall be for the cost, as defined under
section 502 of the Congressional Budget Act of 1974, of the Secretary
of Education providing loan cancellation in the same manner as under
section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)), for borrowers of loans made under part D of title IV of such
Act who would qualify for loan cancellation under section 455(m) except
some, or all, of the 120 required payments under section 455(m)(1)(A)
do not qualify for purposes of the program because they were monthly
payments made in accordance with graduated or extended repayment plans
as described under subparagraph (B) or (C) of section 455(d)(1) or the
corresponding repayment plan for a consolidation loan made under
section 455(g) and that were less than the amount calculated under
section 455(d)(1)(A), based on a 10-year repayment period: Provided,
That the monthly payment made 12 months before the borrower applied for
loan cancellation as described in the matter preceding this proviso and
the most recent monthly payment made by the borrower at the time of
such application were each not less than the monthly amount that would
be calculated under, and for which the borrower would otherwise qualify
for, clause (i) or (iv) of section 455(m)(1)(A) regarding income-based
or income-contingent repayment plans, with exception for a borrower who
would have otherwise been eligible under this section but demonstrates
an unusual fluctuation of income over the past 5 years: Provided
further, That the total loan volume, including outstanding principal,
fees, capitalized interest, or accrued interest, at application that is
eligible for such loan cancellation by such borrowers shall not exceed
$500,000,000: Provided further, That the Secretary shall develop and
make available a simple method for borrowers to apply for loan
cancellation under this section within 60 days of enactment of this
Act: Provided further, That the Secretary shall provide loan
cancellation under this section to eligible borrowers on a first-come,
first-serve basis, based on the date of application and subject to both
the limitation on total loan volume at application for such loan
cancellation specified in the second proviso and the availability of
appropriations under this section: Provided further, That no borrower
may, for the same service, receive a reduction of loan obligations
under both this section and section 428J, 428K, 428L, or 460 of such
Act.
Sec. 316. Of the amounts made available under this title under the
heading ``Student Aid Administration'', $2,300,000 shall be used by the
Secretary of Education to conduct outreach to borrowers of loans made
under part D of title IV of the Higher Education Act of 1965 who may
intend to qualify for loan cancellation under 455(m) of such Act (20
U.S.C. 1087e(m)), to ensure that borrowers are meeting the terms and
conditions of such loan cancellation: Provided, That the Secretary
shall specifically conduct outreach to assist borrowers who would
qualify for loan cancellation under 455(m) of such Act except that the
borrower has made some, or all, of the 120 required payments under a
repayment plan that is not described under section 455(m)(A) of such
Act, to encourage borrowers to enroll in a qualifying repayment plan:
Provided further, That the Secretary shall also communicate to all
Direct Loan borrowers the full requirements of 455(m) of such Act and
improve the filing of employment certification by providing improved
outreach and information such as outbound calls, electronic
communications, ensuring prominent access to program requirements and
benefits on each servicer's website, and creating an option for all
borrowers to complete the entire payment certification process
electronically and on a centralized website.
children of fallen heroes scholarship act
Sec. 317. Section 473(b) of the Higher Education Act of 1965 (20
U.S.C. 1087mm(b)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting
``(in the case of a student who meets the requirement of
subparagraph (B)(i)), or academic year 2018-2019 (in the case
of a student who meets the requirement of subparagraph
(B)(ii)),'' after ``academic year 2009-2010''; and
(B) by amending subparagraph (B) to read as follows:
``(B) whose parent or guardian was--
``(i) a member of the Armed Forces of the United States
and died as a result of performing military service in Iraq
or Afghanistan after September 11, 2001; or
``(ii) actively serving as a public safety officer and
died in the line of duty while performing as a public
safety officer; and'';
(2) in paragraph (3)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(A) Armed forces.--Notwithstanding'';
(B) by striking ``paragraph (2)'' and inserting
``subparagraphs (A), (B)(i), and (C) of paragraph (2)''; and
(C) by adding at the end the following:
``(B) Public safety officers.--Notwithstanding any other
provision of law, unless the Secretary establishes an alternate
method to adjust the expected family contribution, for each
student who meets the requirements of subparagraphs (A),
(B)(ii), and (C) of paragraph (2), a financial aid
administrator shall--
``(i) verify with the student that the student is
eligible for the adjustment;
``(ii) adjust the expected family contribution in
accordance with this subsection; and
``(iii) notify the Secretary of the adjustment and the
student's eligibility for the adjustment.''; and
(3) by adding at the end the following:
``(4) Treatment of pell amount.--Notwithstanding section 1212
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796d-1), in the case of a student who receives an increased
Federal Pell Grant amount under this section, the total amount of
such Federal Pell Grant, including the increase under this
subsection, shall not be considered in calculating that student's
educational assistance benefits under the Public Safety Officers'
Benefits program under subpart 2 of part L of title I of such Act.
``(5) Definition of public safety officer.--For purposes of
this subsection, the term `public safety officer' means--
``(A) a public safety officer, as defined in section 1204
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796b); or
``(B) a fire police officer, defined as an individual who--
``(i) is serving in accordance with State or local law
as an officially recognized or designated member of a
legally organized public safety agency;
``(ii) is not a law enforcement officer, a firefighter,
a chaplain, or a member of a rescue squad or ambulance
crew; and
``(iii) provides scene security or directs traffic--
``(I) in response to any fire drill, fire call, or
other fire, rescue, or police emergency; or
``(II) at a planned special event.''.
Sec. 318. Notwithstanding any other provision of law funds awarded
under part D of title IV of the Elementary and Secondary Education Act
of 1965 for fiscal years 2017 and 2018 may be used for the purposes in
section 4407(a)(9) of such Act.
This title may be cited as the ``Department of Education
Appropriations Act, 2018''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled established under section 8502 of
title 41, United States Code, $8,250,000: Provided, That in order to
authorize any central nonprofit agency designated pursuant to section
8503(c) of title 41, United States Code, to perform contract
requirements of the Committee as prescribed under section 51-3.2 of
title 41, Code of Federal Regulations, the Committee shall enter into a
written agreement with any such central nonprofit agency: Provided
further, That such agreement entered into under the preceding proviso
shall contain such auditing, oversight, and reporting provisions as
necessary to implement chapter 85 of title 41, United States Code:
Provided further, That such agreement shall include the elements listed
under this heading in the explanatory statement accompanying Public Law
114-113: Provided further, That a fee may not be charged under section
51-3.5 of title 41, Code of Federal Regulations, unless such fee is
under the terms of the written agreement between the Committee and any
such central nonprofit agency: Provided further, That no less than
$1,250,000 shall be available for the Office of Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title
as ``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $767,629,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management
of the grants cycle; (2) $17,538,000 shall be available to provide
assistance to State commissions on national and community service,
under section 126(a) of the 1990 Act and notwithstanding section
501(a)(5)(B) of the 1990 Act; (3) $32,000,000 shall be available to
carry out subtitle E of the 1990 Act; and (4) $5,400,000 shall be
available for expenses authorized under section 501(a)(4)(F) of the
1990 Act, which, notwithstanding the provisions of section 198P shall
be awarded by CNCS on a competitive basis: Provided further, That for
the purposes of carrying out the 1990 Act, satisfying the requirements
in section 122(c)(1)(D) may include a determination of need by the
local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $206,842,000, to remain
available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ``Operating Expenses'' allocated
to grants under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $83,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,750,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2018, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose
any covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or employee
of CNCS that is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the National
Service Trust program shall meet an overall minimum share requirement
of 24 percent for the first 3 years that they receive AmeriCorps
funding, and thereafter shall meet the overall minimum share
requirement as provided in section 2521.60 of title 45, Code of Federal
Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I
and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section shall
be considered ``qualified entities'' under section 3 of the
National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be considered
``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are authorized
to receive criminal history record information, consistent with
Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of the 1990
Act, an individual who successfully completes a term of service of not
less than 1,200 hours during a period of not more than one year may
receive a national service education award having a value of 70 percent
of the value of a national service education award determined under
section 147(a) of the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''),
as authorized by the Communications Act of 1934, an amount which shall
be available within limitations specified by that Act, for the fiscal
year 2020, $445,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds made available to
CPB by this Act shall be available or used to aid or support any
program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to apply any
political test or qualification in selecting, appointing, promoting, or
taking any other personnel action with respect to officers, agents, and
employees of CPB: Provided further, That none of the funds made
available to CPB by this Act shall be used to support the Television
Future Fund or any similar purpose.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system and other technologies
and services that create infrastructure and efficiencies within the
public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
$46,650,000, including up to $900,000 to remain available through
September 30, 2019, for activities authorized by the Labor-Management
Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development of the agency workforce: Provided further, That the
Director of the Service is authorized to accept and use on behalf of
the United States gifts of services and real, personal, or other
property in the aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$240,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $8,480,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $12,545,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,250,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $274,224,000: Provided, That no part of
this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural laborers as referred to in section 2(3)
of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June
25, 1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
administrative provisions
Sec. 407. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be
used to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in
an election to determine a representative for the purposes of
collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$13,800,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $22,000,000,
which shall include amounts becoming available in fiscal year 2018
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds the amount
available for payment of vested dual benefits: Provided, That the
total amount provided herein shall be credited in 12 approximately
equal amounts on the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2019, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $123,500,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund: Provided, That notwithstanding section
7(b)(9) of the Railroad Retirement Act this limitation may be used to
hire attorneys only through the excepted service: Provided further,
That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That $10,000,000, to
remain available until expended, shall be used to supplement, not
supplant, existing resources devoted to operations and improvements for
the Board's Information Technology Investment Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $11,000,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,400,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$38,487,277,000, to remain available until expended: Provided, That
any portion of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $101,000,000 shall
be available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act, and remain available through
September 30, 2020.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2019, $19,500,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $12,753,945,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,300,000 shall be for the Social Security Advisory
Board: Provided further, That $280,000,000 shall remain available
until expended for information technology modernization, including
related hardware and software infrastructure and equipment, and for
administrative expenses directly associated with information technology
modernization: Provided further, That $100,000,000 shall remain
available through September 30, 2019, for activities to address the
disability hearings backlog within the Office of Hearings Operations:
Provided further, That unobligated balances of funds provided under
this paragraph at the end of fiscal year 2018 not needed for fiscal
year 2018 shall remain available until expended to invest in the Social
Security Administration information technology and telecommunications
hardware and software infrastructure, including related equipment and
non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided
further, That the Commissioner of Social Security shall notify the
Committees on Appropriations of the House of Representatives and the
Senate prior to making unobligated balances available under the
authority in the previous proviso: Provided further, That
reimbursement to the trust funds under this heading for expenditures
for official time for employees of the Social Security Administration
pursuant to 5 U.S.C. 7131, and for facilities or support services for
labor organizations pursuant to policies, regulations, or procedures
referred to in section 7135(b) of such title shall be made by the
Secretary of the Treasury, with interest, from amounts in the general
fund not otherwise appropriated, as soon as possible after such
expenditures are made.
Of the total amount made available under this heading, not more
than $1,735,000,000, to remain available through March 31, 2019, is for
the costs associated with continuing disability reviews under titles II
and XVI of the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from services
demonstrate an individual's ability to engage in substantial gainful
activity, for the cost associated with conducting redeterminations of
eligibility under title XVI of the Social Security Act, for the cost of
co-operative disability investigation units, and for the cost
associated with the prosecution of fraud in the programs and operations
of the Social Security Administration by Special Assistant United
States Attorneys: Provided, That, of such amount, $273,000,000 is
provided to meet the terms of section 251(b)(2)(B)(ii)(III) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
and $1,462,000,000 is additional new budget authority specified for
purposes of section 251(b)(2)(B) of such Act: Provided further, That
the Commissioner shall provide to the Congress (at the conclusion of
the fiscal year) a report on the obligation and expenditure of these
funds, similar to the reports that were required by section 103(d)(2)
of Public Law 104-121 for fiscal years 1996 through 2002.
In addition, $118,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2018
exceed $118,000,000, the amounts shall be available in fiscal year 2019
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$30,000,000, together with not to exceed $75,500,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that
government.
(c) The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending, or
future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``National Mediation Board,
Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or project
which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or incest;
or
(2) in the case where a woman suffers from a physical disorder,
physical injury, or physical illness, including a life-endangering
physical condition caused by or arising from the pregnancy itself,
that would, as certified by a physician, place the woman in danger
of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are destroyed,
discarded, or knowingly subjected to risk of injury or death
greater than that allowed for research on fetuses in utero under 45
CFR 46.204(b) and section 498(b) of the Public Health Service Act
(42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of,
a unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation
is enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of Labor
concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by that
section for the most recent year for which such requirement was
applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2018, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2018, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2018 that are different than those
specified in this Act, the accompanying detailed table in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) or the fiscal year 2018 budget
request.
Sec. 517. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000 in value and awarded by the Department on
a non-competitive basis during each quarter of fiscal year 2018, but
not to include grants awarded on a formula basis or directed by law.
Such report shall include the name of the contractor or grantee, the
amount of funding, the governmental purpose, including a justification
for issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. Notwithstanding any other provision of this Act, no
funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds for
elements of a program other than making such purchases if the relevant
State or local health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk for, a
significant increase in hepatitis infections or an HIV outbreak due to
injection drug use, and such program is operating in accordance with
State and local law.
Sec. 521. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 522. None of the funds made available under this or any other
Act, or any prior Appropriations Act, may be provided to the
Association of Community Organizations for Reform Now (ACORN), or any
of its affiliates, subsidiaries, allied organizations, or successors.
Sec. 523. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences shall
be tabulated separately from and not included in agency totals.
Sec. 524. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 525. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in carrying
out such Pilots section 526 shall be applied by substituting ``Fiscal
Year 2018'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30, 2022'' for ``September 30, 2018'' each
place it appears: Provided, That such pilots shall include communities
that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, section 525 of division H of
Public Law 114-113, and section 525 of division H of Public Law 115-31.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
Sec. 526. Not later than 30 days after the end of each calendar
quarter, beginning with the first quarter of fiscal year 2013, the
Departments of Labor, Health and Human Services and Education and the
Social Security Administration shall provide the Committees on
Appropriations of the House of Representatives and Senate a quarterly
report on the status of balances of appropriations: Provided, That for
balances that are unobligated and uncommitted, committed, and obligated
but unexpended, the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation (beginning
with fiscal year 2012, or, to the extent feasible, earlier fiscal
years) from which balances were derived.
(rescission)
Sec. 527. Of any available amounts appropriated under section
2104(a)(21) of the Social Security Act (42 U.S.C. 1397dd) that are
unobligated as of September 25, 2018, $3,572,000,000 are hereby
rescinded as of such date.
Sec. 528. Amounts deposited in the Child Enrollment Contingency
Fund prior to the beginning of fiscal year 2018 under section
2104(n)(2) of the Social Security Act and the income derived from
investment of those funds pursuant to section 2104(n)(2)(C) of that
Act, shall not be available for obligation in this fiscal year.
Sec. 529. Of the amounts deposited in the Child Enrollment
Contingency Fund for fiscal year 2018 under section 2104(n)(2) of the
Social Security Act and the income derived from investment of those
funds pursuant to section 2104(n)(2)(C) of that Act, $1,967,678,000
shall not be available for obligation in this fiscal year.
(rescission)
Sec. 530. Of the funds made available for purposes of carrying out
section 2105(a)(3) of the Social Security Act, $88,613,000 are hereby
rescinded.
(rescission)
Sec. 531. Any unobligated balances of available amounts
appropriated under section 108 of Public Law 111-3, as amended, other
than amounts subject to section 210(f) of the Social Security Act, are
hereby rescinded.
This division may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2018''.
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader of the
Senate, $39,920; Minority Leader of the Senate, $39,920; Majority Whip
of the Senate, $9,980; Minority Whip of the Senate, $9,980; President
Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $4,690 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $4,690 for each Chairman; in
all, $189,840.
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized
by law, including agency contributions, $194,867,812, which shall be
paid from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,417,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $723,466.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $309,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,255,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,359,424.
committee on appropriations
For salaries of the Committee on Appropriations, $15,142,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,658,000 for each such committee; in all, $3,316,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $817,402.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,692,905 for each such committee; in all,
$3,385,810.
office of the chaplain
For Office of the Chaplain, $436,886.
office of the secretary
For Office of the Secretary, $25,132,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $78,565,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,810,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $54,198,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $6,115,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,147,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for
the Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of
the Senate, section 112 of the Supplemental Appropriations and
Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281,
96th Congress, agreed to March 11, 1980, $133,265,000, of which
$26,650,000 shall remain available until September 30, 2020.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$10,536,000 of which $7,036,000 shall remain available until September
30, 2022 and of which $4,100,000 shall remain available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper
of the Senate, $130,076,000, which shall remain available until
September 30, 2022.
miscellaneous items
For miscellaneous items, $18,870,349 which shall remain available
until September 30, 2020.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$424,000,000 of which $20,128,950 shall remain available until
September 30, 2020.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal year or fiscal years
for which such amounts are made available. Any unexpended balances
under such allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance with the
undesignated paragraph under the center heading ``GENERAL PROVISION''
under chapter XI of the Third Supplemental Appropriation Act, 1957 (2
U.S.C. 4107) and used for deficit reduction (or, if there is no Federal
budget deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury considers
appropriate).
senate procurements
Sec. 102. Section 6102 of title 41, United States Code, is amended
by adding at the end the following:
``(i) Senate.--Section 6101 of this title does not apply to
agreements, contracts or purchases by any office of the Senate.''.
student loan repayment for employees of departing senators and vice
presidents
Sec. 103. (a) Section 102 of the Legislative Branch Appropriations
Act, 2002 (2 U.S.C. 4579) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (3) through (7), respectively;
(B) by inserting before paragraph (3), as so redesignated,
the following:
``(1) Departure date.--The term `departure date' means the
earlier of--
``(A) the date on which the term of a departing Senator or
Vice President ends; or
``(B) the date on which the departing Senator or Vice
President will retire or resign.
``(2) Departing senator or vice president.--The term `departing
Senator or Vice President' means a Senator or Vice President who
will not serve in the next term due to retirement, resignation, a
decision to not seek reelection, or a failure to secure
reelection.''; and
(C) in paragraph (3)(B), as so redesignated, by striking
``rate of basic pay for an employee for a position at ES-1''
and all that follows and inserting ``rate of basic pay payable
for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code.'';
(2) in subsection (b)(1)(A)(ii), by striking ``1-year'';
(3) in subsection (c)(1)--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
the term''; and
(B) by adding at the end the following:
``(B) Departing senators and vice presidents.--After the
date that is 1 year before the departure date of a departing
Senator or Vice President, the departing Senator or Vice
President may enter into a service agreement under this section
with an eligible employee of the office of the Senator or Vice
President (including an eligible employee who has completed a
required period of employment under a previous service
agreement) that includes a required period of employment that--
``(i) is less than 1 year; and
``(ii) shall end on the last day of the last full pay
period ending on or before the departure date of the
departing Senator or Vice President.'';
(4) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``or'' at the end;
(ii) in subparagraph (B), by striking ``under
subsection (f)(7).'' and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) the agreement is terminated as provided under
subsection (f)(7)(A); or
``(D) the employee separates from service with the office
of a departing Senator or Vice President.''; and
(B) in paragraph (3), by inserting ``(including a required
period of employment described in subsection (c)(1)(B))'' after
``required period of employment''; and
(5) in subsection (f), by striking paragraph (7) and inserting
the following:
``(7) Change in payments.--
``(A) Reduction.--
``(i) In general.--Notwithstanding the terms of a
service agreement under this section, the head of an
employing office may reduce the amount of student loan
payments made under the agreement if adequate funds are not
available to such office.
``(ii) Notice.--If the head of an employing office
decides to reduce the amount of student loan payments to an
eligible employee under clause (i)--
``(I) the employing office shall concurrently
notify the eligible employee and the Secretary of the
Senate of the reduction; and
``(II) not later than 30 days after the date of the
concurrent notice, the eligible employee may terminate
the service agreement.
``(B) Increase.--Notwithstanding the terms of a service
agreement under this section, the head of an employing office,
with the consent of an eligible employee, may increase the
amount of student loan payments made under the agreement with
the eligible employee, if--
``(i) the office has adequate funds available for the
purpose of agreements under this section;
``(ii) the amount of the increased payment does not
exceed the limitations under this section; and
``(iii) the total amount of the loan payments to be
made (including such increase) during the remainder of the
required period of employment does not exceed the amount of
student loan indebtedness of the eligible employee as of
the date of the increase.''.
(b) The amendments made by this section shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to a service agreement under section 102 of the
Legislative Branch Appropriations Act, 2002 (2 U.S.C. 4579) that is
in effect on the date of enactment of this Act or entered into on
or after the date of enactment of this Act.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,200,000,766, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $22,278,891,
including: Office of the Speaker, $6,645,417, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,180,048, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,114,471, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,886,632,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip,
$1,459,639, including $5,000 for official expenses of the Minority
Whip; Republican Conference, $1,505,426; Democratic Caucus, $1,487,258:
Provided, That such amount for salaries and expenses shall remain
available from January 3, 2018 until January 2, 2019.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $562,632,498.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $127,053,373: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2018, except that $3,150,200 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$23,226,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2018.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $204,356,000, including: for salaries and expenses
of the Office of the Clerk, including the positions of the Chaplain and
the Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000
is for the Family Room and not more than $2,000 is for the Office of
the Chaplain, $27,945,000; for salaries and expenses of the Office of
the Sergeant at Arms, including the position of Superintendent of
Garages and the Office of Emergency Management, and including not more
than $3,000 for official representation and reception expenses,
$20,505,000 of which $6,696,000 shall remain available until expended;
for salaries and expenses of the Office of the Chief Administrative
Officer including not more than $3,000 for official representation and
reception expenses, $132,865,000, of which $2,108,000 shall remain
available until expended; for salaries and expenses of the Office of
the Inspector General, $4,968,000; for salaries and expenses of the
Office of General Counsel, $1,492,000; for salaries and expenses of the
Office of the Parliamentarian, including the Parliamentarian, $2,000
for preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $2,037,000; for
salaries and expenses of the Office of the Law Revision Counsel of the
House, $3,209,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $9,937,000; for salaries and expenses
of the Office of Interparliamentary Affairs, $814,000; for other
authorized employees, $584,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $260,454,004, including: supplies, materials, administrative costs
and Federal tort claims, $3,625,000; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $233,040,004, to remain available
until March 31, 2019; Business Continuity and Disaster Recovery,
$16,186,000 of which $5,000,000 shall remain available until expended;
transition activities for new members and staff, $2,273,000, to remain
available until expended; Wounded Warrior Program $2,750,000, to remain
available until expended; Office of Congressional Ethics, $1,670,000;
and miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of the House,
$720,000.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2018. Any amount remaining after all
payments are made under such allowances for fiscal year 2018 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made,
for reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the
House of Representatives shall have authority to prescribe regulations
to carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
delivery of bills and resolutions
Sec. 111. None of the funds made available in this Act may be used
to deliver a printed copy of a bill, joint resolution, or resolution to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress) unless the Member
requests a copy.
delivery of congressional record
Sec. 112. None of the funds made available by this Act may be used
to deliver a printed copy of any version of the Congressional Record to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).
limitation on amount available to lease vehicles
Sec. 113. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an
aggregate amount that exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 114. None of the funds made available by this Act may be used
to provide an aggregate number of more than 50 printed copies of any
edition of the United States Code to all offices of the House of
Representatives.
delivery of reports of disbursements
Sec. 115. None of the funds made available by this Act may be used
to deliver a printed copy of the report of disbursements for the
operations of the House of Representatives under section 106 of the
House of Representatives Administrative Reform Technical Corrections
Act (2 U.S.C. 5535) to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress).
delivery of daily calendar
Sec. 116. None of the funds made available by this Act may be used
to deliver to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress) a
printed copy of the Daily Calendar of the House of Representatives
which is prepared by the Clerk of the House of Representatives.
delivery of congressional pictorial directory
Sec. 117. None of the funds made available by this Act may be used
to deliver a printed copy of the Congressional Pictorial Directory to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).
amending the house services revolving fund
Sec. 118. (a) Collection of Certain Service Fees.--Section 105(a)
of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 5545(a))
is amended by adding at the end the following new paragraph:
``(7) The collection of a service fee from vendors of the
Master Web Services Agreement or the Technology Services Contract
for failure to abide by and maintain House of Representatives
security policies.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
transfer of funds
Sec. 119. (a) Notwithstanding any other provision of law, upon
completion of the second fiscal year which begins after the end of the
period during which amounts appropriated under any of the items under
the heading ``House of Representatives, Salaries and Expenses'' are
available for obligation or expenditure, any such amounts which remain
unobligated and unexpended shall be transferred to the heading ``House
of Representatives, Salaries and Expenses, Allowances and Expenses''
and shall be available until expended for purposes of House of
Representatives Business Continuity and Disaster Recovery.
(b) Subsection (a) does not apply to amounts appropriated under the
heading ``House of Representatives, Salaries and Expenses, Members'
Representational Allowances''.
(c) The Chief Administrative Officer of the House of
Representatives shall notify the Committee on Appropriations of the
House of Representatives prior to the obligation or expenditure of any
amounts transferred under subsection (a).
(d) This section shall apply with respect to amounts appropriated
for fiscal year 2018 or any succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$11,169,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and $580 per
month each not to exceed 11 assistants on the basis heretofore
provided for such assistants; and
(5) $2,780,000 for reimbursement to the Department of the Navy
for expenses incurred for staff and equipment assigned to the
Office of the Attending Physician, which shall be advanced and
credited to the applicable appropriation or appropriations from
which such salaries, allowances, and other expenses are payable and
shall be available for all the purposes thereof, $3,838,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,444,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $351,700,000 of which overtime
shall not exceed $45,000,000 unless the Committee on Appropriations of
the House and Senate are notified, to be disbursed by the Chief of the
Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation
of instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $74,800,000, to be
disbursed by the Chief of the Capitol Police or his designee:
Provided, That, notwithstanding any other provision of law, the cost of
basic training for the Capitol Police at the Federal Law Enforcement
Training Center for fiscal year 2018 shall be paid by the Secretary of
Homeland Security from funds available to the Department of Homeland
Security.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability Act of
1995 (2 U.S.C. 1385), $4,959,000, of which $450,000 shall remain
available until September 30, 2019: Provided, That not more than $500
may be expended on the certification of the Executive Director of the
Office of Compliance in connection with official representation and
reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $49,945,000.
Administrative Provision
contracting parity
Sec. 130. In fiscal year 2018 and thereafter, for all contracts
for goods and services to which the Congressional Budget Office is a
party, the following Federal Acquisition Regulation (FAR) clauses will
apply: FAR 52.232-39 and FAR 52.233-4.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation
expenses, to be expended as the Architect of the Capitol may approve;
for purchase or exchange, maintenance, and operation of a passenger
motor vehicle, $93,478,000.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $45,300,000, of which $19,458,000 shall remain
available until September 30, 2022.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $13,333,000, of which $3,195,000 shall remain
available until September 30, 2022.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be
expended under the control and supervision of the Architect of the
Capitol, $101,614,000, of which $38,937,000 shall remain available
until September 30, 2022.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $197,294,000, of which $73,130,000 shall
remain available until September 30, 2022, and of which $62,000,000
shall remain available until expended for the restoration and
renovation of the Cannon House Office Building.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available until
expended.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $106,694,000, of which $28,057,000 shall remain
available until September 30, 2022: Provided, That not more than
$9,000,000 of the funds credited or to be reimbursed to this
appropriation as herein provided shall be available for obligation
during fiscal year 2018.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$74,873,000, of which $47,500,000 shall remain available until
September 30, 2022.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $34,249,000, of which
$13,300,000 shall remain available until September 30, 2022.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $13,800,000, of which $3,000,000 shall
remain available until September 30, 2022: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established
under section 307E of the Legislative Branch Appropriations Act, 1989
(2 U.S.C. 2146), upon vouchers approved by the Architect of the Capitol
or a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $21,470,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 140. None of the funds made available in this Act for the
Architect of the Capitol may be used to make incentive or award
payments to contractors for work on contracts or programs for which the
contractor is behind schedule or over budget, unless the Architect of
the Capitol, or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program.
scrims
Sec. 141. None of the funds made available by this Act may be used
for scrims containing photographs of building facades during
restoration or construction projects performed by the Architect of the
Capitol.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and
maintenance of the American Folklife Center in the Library; preparation
and distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and expenses
of the Library of Congress Trust Fund Board not properly chargeable to
the income of any trust fund held by the Board, $477,017,000, of which
not more than $6,000,000 shall be derived from collections credited to
this appropriation during fiscal year 2018, and shall remain available
until expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat.
480; 2 U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2018 and shall remain available until
expended for the development and maintenance of an international legal
information database and activities related thereto: Provided, That
the Library of Congress may not obligate or expend any funds derived
from collections under the Act of June 28, 1902, in excess of the
amount authorized for obligation or expenditure in appropriations Acts:
Provided further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than $6,350,000:
Provided further, That of the total amount appropriated, not more than
$12,000 may be expended, on the certification of the Librarian of
Congress, in connection with official representation and reception
expenses for the Overseas Field Offices: Provided further, That of the
total amount appropriated, $8,653,000 shall remain available until
expended for the digital collections and educational curricula program:
Provided further, That of the total amount appropriated, $1,300,000
shall remain available until expended for upgrade of the Legislative
Branch Financial Management System: Provided further, That of the
total amount appropriated, $10,000,000 is provided to enhance public
exhibits and visitor services at the Library; of which $2,000,000 shall
remain available until September 30, 2020 for planning, including
developing direct and indirect cost estimates in conjunction with the
Architect of the Capitol; and of which $8,000,000, to remain available
until expended, may be obligated and expended only upon written
approval by the Chair and ranking minority member of the Subcommittee
on the Legislative Branch of the Committee on Appropriations of the
House of Representatives and by the Chair and ranking minority member
of the Subcommittee on the Legislative Branch of the Committee on
Appropriations of the Senate, following review of a project budget
justification and cost estimate.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $72,011,000, of
which not more than $35,218,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2018 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess of the
amount authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $6,087,000 shall be derived from
collections during fiscal year 2018 under sections 111(d)(2),
119(b)(3), 803(e), 1005, and 1316 of such title: Provided further,
That the total amount available for obligation shall be reduced by the
amount by which collections are less than $41,305,000: Provided
further, That $2,260,000 shall be derived from prior year unobligated
balances: Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an ``International
Copyright Institute'' in the Copyright Office of the Library of
Congress for the purpose of training nationals of developing countries
in intellectual property laws and policies: Provided further, That not
more than $6,500 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and reception
expenses for activities of the International Copyright Institute and
for copyright delegations, visitors, and seminars: Provided further,
That, notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $119,279,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication,
or preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress unless such
publication has obtained prior approval of either the Committee on
House Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate: Provided further, That this
prohibition does not apply to publication of non-confidential
Congressional Research Service (CRS) products: Provided further, That
a non-confidential CRS product includes any written product containing
research or analysis that is currently available for general
congressional access on the CRS Congressional Intranet, or that would
be made available on the CRS Congressional Intranet in the normal
course of business and does not include material prepared in response
to Congressional requests for confidential analysis or research.
Books for the Blind and Physically Handicapped
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $51,498,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 150. (a) In General.--For fiscal year 2018, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $190,642,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
revolving funds update
Sec. 151. The Library of Congress Fiscal Operations Improvement
Act of 2000 (2 U.S.C. 182a et seq.; Public Law 106-481) is amended--
(1) in section 102 (2 U.S.C. 182b)--
(A) in the section heading, by striking the heading and
inserting ``Revolving fund for sales shop and other services'';
and
(B) in subsection (a), by adding at the end the following:
``(5) Training.''; and
(2) in section 103(f)(1) (2 U.S.C. 182c(f)(1)), by inserting
``tribal governments (as defined in 40 U.S.C. 502(c)(2)(B))'' after
``Federal Government,''.
gifts
Sec. 152. The first undesignated paragraph of section 4 of the Act
entitled ``An Act to create a Library of Congress Trust Fund Board, and
for other purposes'', approved March 3, 1925 (2 U.S.C. 160), is
amended--
(1) in the first sentence--
(A) by striking ``of money for immediate disbursement'';
and
(B) by striking the period at the end and inserting ``, of
the following: (1) nonpersonal services; (2) voluntary and
uncompensated personal services not to exceed $10,000 per
person, per year in value; and (3) gifts or bequests of money
for immediate disbursement.''; and
(2) by adding the following sentence at the end of the first
paragraph: ``The Librarian shall make an annual public report
regarding gifts accepted under this section.''.
application of congressional accountability act of 1995 to the library
of congress; election of proceeding
Sec. 153. (a) Application of Congressional Accountability Act of
1995 to the Library of Congress.--
(1) Application through definitions.--
(A) In general.--Section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301) is amended--
(i) in paragraph (3)--
(I) in subparagraph (H), by striking ``or'' at the
end;
(II) in subparagraph (I), by striking the period
and inserting ``; or''; and
(III) by adding at the end the following:
``(J) the Library of Congress, except for section 220.'';
and
(ii) in paragraph (9)--
(I) in subparagraph (C), by striking ``or'' at the
end;
(II) in subparagraph (D), by striking the period
and inserting ``; or''; and
(III) by adding at the end the following:
``(E) the Library of Congress, except for section 220.''.
(B) Public services and accommodations.--Section 210(a) of
the Congressional Accountability Act of 1995 (2 U.S.C. 1331(a))
is amended--
(i) in paragraph (9), by striking ``and'' at the end;
(ii) in paragraph (10), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(11) the Library of Congress.''.
(C) Labor-management regulations.--Section 220(a) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1351(a)) is
amended--
(i) in paragraph (2), in the paragraph heading, by
striking ``(2) Definition.--'' and inserting ``(2)
Application.--'' ; and
(ii) by adding at the end the following:
``(3) Definitions.--For purposes of this section, the term
`covered employee' does not include an employee of the Library of
Congress, and the term `employing office' does not include the
Library of Congress.''.
(2) Conforming amendments to act.--The Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended--
(A) in section 204(a)(2) (2 U.S.C. 1314(a)(2)), by striking
``and the Library of Congress'' each place it appears;
(B) in section 205(a)(2) (2 U.S.C. 1315(a)(2)), by striking
``and the Library of Congress'' each place it appears;
(C) in section 206(a)(2) (2 U.S.C. 1316(a)(2))--
(i) in subparagraph (B), by striking ``and the Library
of Congress''; and
(ii) in subparagraph (C), by striking ``and the Library
of Congress'';
(D) in section 215(a)(2) (2 U.S.C. 1341(a)(2))--
(i) in subparagraph (C), by striking ``, the Library of
Congress,''; and
(ii) in subparagraph (D), by striking ``and the Library
of Congress''; and
(E) in section 415(a) (2 U.S.C. 1415(a))--
(i) by striking the comma after ``General Accounting
Office'' and inserting ``or''; and
(ii) by striking ``, or the Library of Congress''.
(b) Election of Proceeding.--
(1) Procedure.--Section 401(3) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1401(3)) is amended--
(A) in the matter preceding subparagraph (A), by striking
``either'';
(B) in subparagraph (A), by striking ``or'' at the end;
(C) in subparagraph (B), by striking the period and
inserting ``, or''; and
(D) by adding at the end the following:
``(C) in the case of an Library claimant (as defined in
section 404(a)), a proceeding described in section 404(b)(3)
that relates to the violation at issue.''.
(2) Election.--Section 404 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1404) is amended--
(A) by striking ``Not'' and inserting the following:
``(b) Election After Proceedings Initially Brought Under This
Act.--Not''; and
(B) by inserting after the section heading the following:
``(a) Definitions.--In this section:
``(1) Direct act.--The term `direct Act' means an Act (other
than this Act), or provision of the Revised Statutes, that is
specified in section 201, 202, 203, or 210.
``(2) Direct provision.--The term `direct provision' means a
provision (including a definitional provision) of a direct Act that
applies the rights or protections of a direct Act (including rights
and protections relating to nonretaliation or noncoercion) to a
library claimant.
``(3) Library claimant.--The term `Library claimant' means--
``(A) with respect to a direct provision (other than a
provision described in subparagraph (B)), an employee of the
Library of Congress who is covered by that direct provision,
and
``(B) with respect to a direct provision that applies the
rights or protections of title II or III of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131 et seq., 12181 et
seq.), an individual who is eligible to provide services for or
receive services from the Library of Congress and who is
covered by that provision.'';
(C) in subsection (b), as added by subparagraph (A) of this
paragraph--
(i) in the matter preceding paragraph (1), by striking
``may either'' and inserting ``who initially requested
counseling and mediation under this title may elect to'';
(ii) in paragraph (1), by striking ``or'' at the end;
(iii) in paragraph (2), by striking the period and
inserting ``, or''; and
``(3) in the case of a Library claimant, bring the claim,
complaint, or charge that is brought for a proceeding before the
corresponding Federal agency, under the corresponding direct
provision.''; and
(D) by adding at the end the following:
``(c) Election After Proceedings Initially Brought Under Other
Civil Rights or Labor Law.--A library claimant who initially brings a
claim, complaint, or charge under a direct provision for a proceeding
before a Federal agency may, prior to requesting a hearing under the
agency's procedures, elect to--
``(1) bring any civil action relating to the claim, complaint,
or charge, that is available to the Library claimant,
``(2) file a complaint with the Office in accordance with
section 405, or
``(3) file a civil action in accordance with section 408 in the
United States district court for the district in which the employee
is employed or for the District of Columbia.''.
(c) Prospective Applicability.--This section and the amendments
made by this section--
(1) shall take effect on the date of enactment of this section;
and
(2) shall apply to any charge, complaint, or claim, that is
made on or after the date of enactment of this section, of a
violation of--
(A) section 201, 202, 203, 207, or 210 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1311 et seq.); or
(B) a direct provision as defined in section 404(a) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1404) (as
added by subsection (b)).
equal access to congressional research service reports
Sec. 154. (a) Definitions.--
(1) CRS product.--In this section, the term ``CRS product''
means any final written work product of CRS containing research or
analysis in any format that is available for general congressional
access on the CRS Congressional Intranet.
(2) CRS report.--
(A) In general.--In this section, the term ``CRS Report''
means any written CRS product, including an update to a
previous written CRS product, consisting of--
(i) a Congressional Research Service Report; or
(ii) a Congressional Research Service Authorization of
Appropriations Product and Appropriations Product, which is
available for general congressional access on the CRS
Congressional Intranet.
(B) Exclusions.--The term ``CRS Report'' does not include--
(i) any CRS product that is determined by the CRS
Director to be a confidential product or service because it
was prepared in response to a congressional request or
requests for confidential analysis or research and is not
available for general congressional access on the CRS
Congressional Intranet;
(ii) any Congressional Research Service Report or any
Congressional Research Service Authorization of
Appropriations Product and Appropriations Product reported
or produced before the effective date of this Act which, as
of such effective date, is not available for general
congressional access on the CRS Congressional Intranet; or
(iii) a written CRS product that has been made
available by CRS for publication on a public website
maintained by the GPO Director (other than the Website) or
the Library of Congress.
(3) Other definitions.--In this section--
(A) the term ``CRS'' means the Congressional Research
Service;
(B) the term ``CRS Congressional Intranet'' means the
Website maintained by CRS at www.crs.gov, or a successor
website, for the purpose of providing to Members and employees
of Congress access to information from CRS;
(C) the term ``CRS Director'' means the Director of CRS;
(D) the term ``Librarian of Congress'' means the Librarian
of Congress appointed pursuant to 2 U.S.C. 136-1;
(E) the term ``Member of Congress'' includes a Delegate or
Resident Commissioner to Congress; and
(F) the term ``Website'' means the website established and
maintained under subsection (b).
(b) Availability of CRS Reports Through Library of Congress
Website.--
(1) Website.--
(A) Establishment and maintenance.--The Librarian of
Congress, in consultation with the CRS Director, shall
establish and maintain a public website containing CRS Reports
and an index of all CRS Reports contained on the website, in
accordance with this subsection.
(B) Format.--On the Website, CRS Reports shall be
searchable, sortable, and downloadable, including downloadable
in bulk.
(C) Free access.--Notwithstanding any other provision of
law, the Librarian of Congress may not charge a fee for access
to the Website.
(2) Updates; disclaimer.--The Librarian of Congress, in
consultation with the CRS Director, shall ensure that the Website--
(A) is updated contemporaneously, automatically, and
electronically to include each new or updated CRS Report
released on or after the effective date of this section;
(B) shows the status of each CRS Report as new, updated, or
archived; and
(C) displays the following statement in reference to the
CRS Reports included on the Website: ``These documents were
prepared by the Congressional Research Service (CRS). CRS
serves as nonpartisan shared staff to congressional committees
and Members of Congress. It operates solely at the behest of
and under the direction of Congress. Information in a CRS
Report should not be relied upon for purposes other than public
understanding of information that has been provided by CRS to
Members of Congress in connection with CRS's institutional
role. CRS Reports, as a work of the United States Government,
are not subject to copyright protection in the United States.
Any CRS Report may be reproduced and distributed in its
entirety without permission from CRS. However, as a CRS Report
may include copyrighted images or material from a third party,
you may need to obtain the permission of the copyright holder
if you wish to copy or otherwise use copyrighted material.''.
(3) Furnishing of necessary information and technology.--The
CRS Director shall consult with and provide assistance to the
Librarian of Congress to ensure--
(A) that the Librarian of Congress is provided with all of
the information necessary to carry out this section, including
all of the information described in clauses (i) through (iv) of
subsection (c)(1)(A), in such format and manner as the
Librarian of Congress considers appropriate; and
(B) that CRS makes available any information and assistance
as may be necessary to facilitate the contemporaneous,
automatic, and electronic provision of CRS Reports to the
Librarian of Congress as required under this section.
(4) Nonexclusivity.--The Librarian of Congress may publish
other information on the Website.
(5) Alternative techniques.--The Librarian of Congress and the
CRS Director may use additional techniques to make CRS Reports
available to the public, if such techniques are consistent with
this section and any other applicable laws.
(6) Additional information.--The CRS Director is encouraged to
make additional CRS products that are not confidential products or
services available to the Librarian of Congress for publication on
the Website, and the Librarian of Congress is encouraged to publish
such CRS products on the Website.
(7) Expansion of contents of annual report to congress to
include information on efforts to make additional products
available on website.--Section 203(i) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 166(i)) is amended by striking
the period at the end and inserting the following: ``, and shall
include in the report a description of the efforts made by the
Director to make additional Congressional Research Service products
that are not confidential products or services available to the
Librarian of Congress for publication on the website established
and maintained under section 124 of the Legislative Branch
Appropriations Act, 2018.''.
(c) Website Contents.--
(1) Specific requirements for reports posted on website.--
(A) Responsibilities of librarian of congress.--With
respect to each CRS Report included on the Website, the
Librarian of Congress shall include--
(i) the name and identification number of the CRS
Report;
(ii) an indication as to whether the CRS Report is new,
updated, or archived;
(iii) the date of release of the CRS Report; and
(iv) any other information the Librarian of Congress,
in consultation with the CRS Director, considers
appropriate.
(B) Responsibilities of crs director.--With respect to each
CRS Report included on the Website, the CRS Director shall,
prior to transmitting the Report to the Librarian of Congress--
(i) at the discretion of the CRS Director, remove the
name of and any contact information for any employee of
CRS; and
(ii) include in the CRS Report the following written
statement: ``This document was prepared by the
Congressional Research Service (CRS). CRS serves as
nonpartisan shared staff to congressional committees and
Members of Congress. It operates solely at the behest of
and under the direction of Congress. Information in a CRS
Report should not be relied upon for purposes other than
public understanding of information that has been provided
by CRS to Members of Congress in connection with CRS's
institutional role. CRS Reports, as a work of the United
States Government, are not subject to copyright protection
in the United States. Any CRS Report may be reproduced and
distributed in its entirety without permission from CRS.
However, as this CRS Report may include copyrighted images
or material from a third party, you may need to obtain the
permission of the copyright holder if you wish to copy or
otherwise use copyrighted material.''.
(2) Specific requirements for index on website.--The Librarian
of Congress shall ensure that the index of all CRS Reports
published on the Website is--
(A) comprehensive;
(B) contemporaneously updated;
(C) searchable;
(D) sortable;
(E) maintained in a human-readable format;
(F) maintained in a structured data format;
(G) downloadable; and
(H) inclusive of each item of information described in
paragraph (1)(A) with respect to each CRS Report.
(d) Conforming Amendment to Duties of CRS.--Section 203(d) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 166(d)) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) to comply with the requirements of, and provide
information and technological assistance consistent with, section
124 of the Legislative Branch Appropriations Act, 2018.''.
(e) Rules of Construction.--
(1) No effect on speech or debate clause.--Nothing in this
section may be construed to diminish, qualify, condition, waive, or
otherwise affect the applicability of clause 1 of section 6 of
article I of the Constitution of the United States (commonly known
as the ``Speech or Debate Clause'') or any other privilege
available to Congress or Members, offices, or employees of Congress
with respect to any CRS Report made available online under this
section.
(2) Confidential communications.--Nothing in this section may
be construed to waive the requirement that any confidential
communication by CRS to a Member, office, or committee of Congress
shall remain under the custody and control of Congress and may be
released only by Congress and its Houses, Members, offices, and
committees, in accordance with the rules and privileges of each
House and the requirements of this section.
(3) Dissemination of crs products.--Nothing in this section may
be construed to limit or otherwise affect the ability of a Member,
office, or committee of Congress to disseminate CRS products on a
website of the Member, office, or committee or to otherwise provide
CRS products to the public, including as part of constituent
service activities.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2)(C), this
section and the amendments made by this section shall take effect
90 days after the date on which the Librarian of Congress submits
the certification described in paragraph (2)(B).
(2) Provision of information and technology.--
(A) CRS deadline.--Not later than 90 days after the date of
enactment of this Act, the CRS Director shall provide the
Librarian of Congress with the information necessary for the
Librarian of Congress to begin the initial operation of the
Website.
(B) Certification.--Upon provision of the information
described in subparagraph (A), the Librarian of Congress shall
submit to Congress a certification that the CRS Director has
provided the information necessary for the Librarian of
Congress to begin the initial operation of the Website.
(C) Technical delays.--In the event of technical
difficulties encountered in planning or implementing the
requirements of this section and the amendments made by this
section, upon providing a detailed report submitted by the
Librarian of Congress or the CRS Director to the Committees on
Appropriations of the House and the Senate detailing the nature
of the technical difficulties and the timeline for resolving
such technical difficulties, the effective date established by
subsection (f)(1) shall be extended for up to 90 additional
days.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing of
Government publications authorized by law to be distributed to Members
of Congress; and publishing, and distribution of Government
publications authorized by law to be distributed without charge to the
recipient, $79,528,000: Provided, That this appropriation shall not be
available for paper copies of the permanent edition of the
Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of title 44,
United States Code: Provided further, That this appropriation shall be
available for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation under
section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act for
printing and binding and related services provided to Congress under
chapter 7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on
the date that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code: Provided
further, That any unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may be
transferred to the Government Publishing Office Business Operations
Revolving Fund for carrying out the purposes of this heading, subject
to the approval of the Committees on Appropriations of the House of
Representatives and Senate: Provided further, That notwithstanding
sections 901, 902, and 906 of title 44, United States Code, this
appropriation may be used to prepare indexes to the Congressional
Record on only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications and their distribution to the
public, Members of Congress, other Government agencies, and designated
depository and international exchange libraries as authorized by law,
$29,000,000: Provided, That amounts of not more than $2,000,000 from
current year appropriations are authorized for producing and
disseminating Congressional serial sets and other related publications
for fiscal years 2016 and 2017 to depository and other designated
libraries: Provided further, That any unobligated or unexpended
balances in this account or accounts for similar purposes for preceding
fiscal years may be transferred to the Government Publishing Office
Business Operations Revolving Fund for carrying out the purposes of
this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $8,540,000, to remain available until expended, for
information technology development and facilities repair: Provided,
That the Government Publishing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Publishing Office Business Operations Revolving Fund:
Provided further, That not more than $7,500 may be expended on the
certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses:
Provided further, That the Business Operations Revolving Fund shall be
available for the hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection with
travel expenses of the advisory councils to the Director of the
Government Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further, That the
Business Operations Revolving Fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level V of the Executive Schedule
under section 5316 of such title: Provided further, That activities
financed through the Business Operations Revolving Fund may provide
information in any format: Provided further, That the Business
Operations Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of Documents'' may
not be used for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with
official representation and reception expenses; temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor vehicle;
advance payments in foreign countries in accordance with section 3324
of title 31, United States Code; benefits comparable to those payable
under sections 901(5), (6), and (8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
the Comptroller General of the United States, rental of living quarters
in foreign countries, $578,916,653: Provided, That of this amount
$10,000,000 is provided for information technology investments and
building facility projects to remain available until September 30,
2019: Provided further, That, in addition, $23,800,000 of payments
received under sections 782, 791, 3521, and 9105 of title 31, United
States Code, shall be available without fiscal year limitation:
Provided further, That this appropriation and appropriations for
administrative expenses of any other department or agency which is a
member of the National Intergovernmental Audit Forum or a Regional
Intergovernmental Audit Forum shall be available to finance an
appropriate share of either Forum's costs as determined by the
respective Forum, including necessary travel expenses of non-Federal
participants: Provided further, That payments hereunder to the Forum
may be credited as reimbursements to any appropriation from which costs
involved are initially financed: Provided further, That this
appropriation shall be available to transfer amounts to the Department
of the Army for the construction of an Army facility at Redstone
Arsenal for the sole, unlimited use of GAO: Provided further, That
hereafter, amounts appropriated for the salaries and expenses of the
Government Accountability Office shall be available to transfer to the
Department of the Army for the maintenance of such facility.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$5,600,000: Provided, That funds made available to support Russian
participants shall only be used for those engaging in free market
development, humanitarian activities, and civic engagement, and shall
not be used for officials of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2
U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2018 unless
expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat.
32 et seq.) is appropriated for or the rate of compensation or
designation of any office or position appropriated for is different
from that specifically established by such Act, the rate of
compensation and the designation in this Act shall be the permanent law
with respect thereto: Provided, That the provisions in this Act for
the various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall be the
permanent law with respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, under section 3109
of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating legislative branch entities (in such
allocations among the entities as the entities may determine) may not
exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of
Congress and other offices of the House of Representatives and Senate,
unless through regulations as authorized by section 402(b)(8) of the
Capitol Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2018''.
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $923,994,000, to remain available
until September 30, 2022: Provided, That, of this amount, not to
exceed $101,470,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of the Army determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,553,275,000, to remain available until September 30,
2022: Provided, That, of this amount, not to exceed $219,069,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $1,543,558,000, to remain available until September 30, 2022:
Provided, That, of this amount, not to exceed $97,852,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$2,811,513,000, to remain available until September 30, 2022:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further,
That, of the amount, not to exceed $210,717,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That the
Director of the Missile Defense Agency shall provide quarterly reports
to the congressional defense committees on the construction timeline
and obligations for the Poland Aegis Ashore complex.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $220,652,000, to remain available until September
30, 2022: Provided, That, of the amount, not to exceed $16,271,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the
Army National Guard determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $171,491,000, to remain available until September
30, 2022: Provided, That, of the amount, not to exceed $18,000,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the Air
National Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $83,712,000, to
remain available until September 30, 2022: Provided, That, of the
amount, not to exceed $6,887,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Army Reserve determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $95,271,000, to remain available until September
30, 2022: Provided, That, of the amount, not to exceed $24,430,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of the
Navy determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $73,535,000, to
remain available until September 30, 2022: Provided, That, of the
amount, not to exceed $4,725,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Air Force Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That, the
Chief of the Air Force Reserve shall take immediate action to address
unfunded military construction requirements for access control points
and security issues at Air Force Reserve facilities.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $177,932,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $310,000,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $182,662,000, to remain available
until September 30, 2022: Provided, That none of the funds provided
under this heading for family housing construction may be expended for
family housing improvements on Kwajalein Atoll until the Secretary of
the Army certifies to the congressional defense committees that the new
housing units represent the best value to the taxpayer and that no
reasonable alternatives exist at a lower cost.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $348,907,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $83,682,000, to remain
available until September 30, 2022.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $328,282,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $85,062,000, to remain available
until September 30, 2022.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $318,324,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $59,169,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$2,726,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $623,000, to remain available until expended, for
unaccompanied housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military unaccompanied housing and supporting
facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Gulf, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided,
That this section shall not be applicable to contract awards for which
the lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period as the
fund to which transferred.
Sec. 119. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used by the Secretary of the
Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the total
number of civilian employees of the Department of the Army and Army
contractor personnel employed exceeds 10 percent of the total
number of members of the regular and reserve components of the Army
assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the Secretary of
the Army certifies to the congressional defense committees that in
proposing the relocation of the unit of the Army, the Secretary
complied with Army Regulation 5-10 relating to the policy, procedures,
and responsibilities for Army stationing actions.
Sec. 123. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 125. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2022:
``Military Construction, Army'', $93,800,000, of which
$25,000,000 is for planning and design;
``Military Construction, Navy and Marine Corps'', $202,130,000,
of which $25,000,000 is for planning and design;
``Military Construction, Air Force'', $138,100,000, of which
$25,000,000 is for planning and design;
``Military Construction, Army National Guard'', $113,500,000,
of which $20,000,000 is for planning and design;
``Military Construction, Air National Guard'', $52,000,000, of
which $20,000,000 is for planning and design;
``Military Construction, Army Reserve'', $76,000,000, of which
$20,000,000 is for planning and design; and
``Military Construction, Air Force Reserve'', $64,100,000, of
which $20,000,000 is for planning and design:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's unfunded priority list for fiscal year 2018 submitted to
Congress: Provided further, That such projects are subject to
authorization prior to obligation and expenditure of funds to carry out
construction: Provided further, That not later than 30 days after
enactment of this Act, the Secretary of the military department
concerned, or his or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
(rescissions of funds)
Sec. 126. Of the unobligated balances available to the Department
of Defense from prior appropriation Acts, the following funds are
hereby rescinded from the following accounts in the amounts specified:
``NATO Security Investment Program'', $25,000,000; and
``Family Housing Construction, Army'', $18,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Sec. 127. For the purposes of this Act, the term ``congressional
defense committees'' means the Committees on Armed Services of the
House of Representatives and the Senate, the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of
the Senate, and the Subcommittee on Military Construction and Veterans
Affairs of the Committee on Appropriations of the House of
Representatives.
Sec. 128. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 129. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to consolidate or relocate any element of a United States
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
Engineer (RED HORSE) outside of the United States until the Secretary
of the Air Force (1) completes an analysis and comparison of the cost
and infrastructure investment required to consolidate or relocate a RED
HORSE squadron outside of the United States versus within the United
States; (2) provides to the Committees on Appropriations of both Houses
of Congress (``the Committees'') a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees that the
preferred site for the consolidation or relocation yields the greatest
savings for the Air Force: Provided, That the term ``United States''
in this section does not include any territory or possession of the
United States.
Sec. 130. All amounts appropriated to ``Department of Defense--
Military Construction, Defense-Wide'' pursuant to the authorization of
appropriations in section 2403 of Public Law 115-91, as specified for
fiscal year 2018 in the funding table in section 4601 of that Act,
shall be immediately available and allotted to contract for the full
scope of authorized projects.
Sec. 131. For an additional amount for ``Military Construction,
Army'', for the Defense Access Road Program, $20,000,000, to remain
available until expended: Provided, That amounts made available under
this section may not be obligated or expended until the Secretary of
the Army submits to the Committees on Appropriations of the Senate and
House of Representatives a detailed expenditure plan 30 days after
enactment of this Act.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$95,768,462,000, to remain available until expended and to become
available on October 1, 2018: Provided, That not to exceed $17,882,000
of the amount made available for fiscal year 2019 under this heading
shall be reimbursed to ``General Operating Expenses, Veterans Benefits
Administration'', and ``Information Technology Systems'' for necessary
expenses in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical Care
Collections Fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$11,832,175,000, to remain available until expended and to become
available on October 1, 2018: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $121,529,000, to remain available until
expended, of which $109,090,000 shall become available on October 1,
2018.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2018, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $178,626,000.
vocational rehabilitation loans program account
For the cost of direct loans, $30,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds
made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,356,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $395,000, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,163,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $2,910,000,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That, of the funds
made available under this heading, not to exceed 10 percent shall
remain available until September 30, 2019.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, aid to State homes as authorized by
section 1741 of title 38, United States Code, assistance and support
services for caregivers as authorized by section 1720G of title 38,
United States Code, loan repayments authorized by section 604 of the
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance
allowances authorized by section 322(d) of title 38, United States
Code, grants authorized by section 521A of title 38, United States
Code, and administrative expenses necessary to carry out sections
322(d) and 521A of title 38, United States Code, and hospital care and
medical services authorized by section 1787 of title 38, United States
Code; $1,962,984,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2017; and, in addition, $49,161,165,000, plus reimbursements, shall
become available on October 1, 2018, and shall remain available until
September 30, 2019: Provided, That, of the amount made available on
October 1, 2018, under this heading, $1,400,000,000 shall remain
available until September 30, 2020: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
give priority funding for the provision of basic medical benefits to
veterans in enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements established
by the Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no additional
cost to the Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading for medical supplies and equipment are
available for the acquisition of prosthetics designed specifically for
female veterans.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $419,176,000, which shall be in addition to
funds previously appropriated under this heading that became available
on October 1, 2017; and, in addition, $8,384,704,000, plus
reimbursements, shall become available on October 1, 2018, and shall
remain available until September 30, 2019: Provided, That, of the
amount made available on October 1, 2018, under this heading,
$2,000,000,000 shall remain available until September 30, 2022.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$100,000,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2017; and, in addition, $7,239,156,000, plus reimbursements, shall
become available on October 1, 2018, and shall remain available until
September 30, 2019: Provided, That, of the amount made available on
October 1, 2018, under this heading, $100,000,000 shall remain
available until September 30, 2020.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $707,000,000, to remain
available until September 30, 2019, which shall be in addition to funds
previously appropriated under this heading that became available on
October 1, 2017; and, in addition, $5,914,288,000, plus reimbursements,
shall become available on October 1, 2018, and shall remain available
until September 30, 2019: Provided, That, of the amount made available
on October 1, 2018, under this heading, $250,000,000 shall remain
available until September 30, 2020.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $722,262,000, plus reimbursements, shall
remain available until September 30, 2019: Provided, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading are available for prosthetic research
specifically for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $306,193,000, of which not to exceed 10
percent shall remain available until September 30, 2019.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $335,891,000, of which not to exceed 10
percent shall remain available until September 30, 2019: Provided,
That funds provided under this heading may be transferred to ``General
Operating Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$161,048,000, of which not to exceed 10 percent shall remain available
until September 30, 2019.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$4,055,500,000, plus reimbursements: Provided, That $1,230,320,000
shall be for pay and associated costs, of which not to exceed 5 percent
shall remain available until September 30, 2019: Provided further,
That $2,496,650,000 shall be for operations and maintenance, of which
not to exceed 5 percent shall remain available until September 30,
2019: Provided further, That $328,530,000 shall be for information
technology systems development, and shall remain available until
September 30, 2019: Provided further, That amounts made available for
information technology systems development may not be obligated or
expended until the Secretary of Veterans Affairs or the Chief
Information Officer of the Department of Veterans Affairs submits to
the Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be obligated and
expended for each development project: Provided further, That amounts
made available for salaries and expenses, operations and maintenance,
and information technology systems development may be transferred among
the three subaccounts after the Secretary of Veterans Affairs requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued: Provided
further, That amounts made available for the ``Information Technology
Systems'' account for development may be transferred among projects or
to newly defined projects: Provided further, That no project may be
increased or decreased by more than $1,000,000 of cost prior to
submitting a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further, That the
funds made available under this heading for information technology
systems development shall be for the projects, and in the amounts,
specified under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans
Electronic Health Record system, including contractual costs associated
with operations authorized by section 3109 of title 5, United States
Code, and salaries and expenses of employees hired under titles 5 and
38, United States Code, $782,000,000, to remain available until
September 30, 2020: Provided, That the Secretary of Veterans Affairs
shall submit to the Committees on Appropriations of both Houses of
Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility: Provided further, That the
funds provided in this account shall only be available to the Office of
the Deputy Secretary, to be administered by that Office.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $164,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2019.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $512,430,000, of which
$432,430,000 shall remain available until September 30, 2022, and of
which $80,000,000 shall remain available until expended: Provided,
That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and investment strategy studies
funded through the advance planning fund and the planning and design
activities funded through the design fund, including needs assessments
which may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those capital
investments funded through this account and contracting officers who
manage specific major construction projects, and funds provided for the
purchase, security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none of the
funds made available under this heading shall be used for any project
that has not been notified to Congress through the budgetary process or
that has not been approved by the Congress through statute, joint
resolution, or in the explanatory statement accompanying such Act and
presented to the President at the time of enrollment: Provided
further, That funds made available under this heading for fiscal year
2018, for each approved project shall be obligated: (1) by the awarding
of a construction documents contract by September 30, 2018; and (2) by
the awarding of a construction contract by September 30, 2019:
Provided further, That the Secretary of Veterans Affairs shall promptly
submit to the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above: Provided further, That, of the amount made available under this
heading, $117,300,000 for Veterans Health Administration major
construction projects shall not be available until the Department of
Veterans Affairs--
(1) enters into an agreement with an appropriate non-Department
of Veterans Affairs Federal entity to serve as the design and/or
construction agent for any Veterans Health Administration major
construction project with a Total Estimated Cost of $100,000,000 or
above by providing full project management services, including
management of the project design, acquisition, construction, and
contract changes, consistent with section 502 of Public Law 114-58;
and
(2) certifies in writing that such an agreement is executed and
intended to minimize or prevent subsequent major construction
project cost overruns and provides a copy of the agreement entered
into and any required supplementary information to the Committees
on Appropriations of both Houses of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$342,570,000, to remain available until September 30, 2022, along with
unobligated balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds made available under this heading
shall be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
grants for construction of
state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $110,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2018 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2018, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers
among the ``Medical Services'', ``Medical Community Care'', and
``Medical Support and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may take place
only after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to or from
the ``Medical Facilities'' account may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2017.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2018, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2018 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2018 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, the Office of Employment
Discrimination Complaint Adjudication, the Office of Accountability and
Whistleblower Protection, and the Office of Diversity and Inclusion for
all services provided at rates which will recover actual costs but not
to exceed $47,668,000 for the Office of Resolution Management,
$3,932,000 for the Office of Employment Discrimination Complaint
Adjudication, $17,620,000 for the Office of Accountability and
Whistleblower Protection, and $2,973,000 for the Office of Diversity
and Inclusion: Provided, That payments may be made in advance for
services to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems'' accounts for
use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other expenses
incidental to funerals and burials for beneficiaries receiving care
in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State of
Alaska and Indian tribes and tribal organizations which are party to
the Alaska Native Health Compact with the Indian Health Service, to
provide healthcare, including behavioral health and dental care, to
veterans in rural Alaska. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska''
shall mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2018 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2018 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $297,137,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress: Provided further, That section 222 of title II of division A
of Public Law 114-223 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2018, for
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $306,378,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2573), amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund
shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000
shall be transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States Code, to
remain available until expended, for any purpose authorized by section
8111 of title 38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace the
current system by which the Veterans Integrated Service Networks select
and contract for diabetes monitoring supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in a major construction project that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is
less: Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 225. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report containing performance measures and data from each Veterans
Benefits Administration Regional Office: Provided, That, at a minimum,
the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number
of appeals pending at the Veterans Benefits Administration as well as
the Board of Veterans Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $2,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans Health
Administration, may transfer to the ``Medical Services'' account any
discretionary appropriations made available for fiscal year 2018 in
this title (except appropriations made to the ``General Operating
Expenses, Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of Veterans
Affairs, including those appropriated for fiscal year 2018, that were
provided in advance by appropriations Acts: Provided, That transfers
shall be made only with the approval of the Office of Management and
Budget: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided by law:
Provided further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
authority to transfer may not be used unless for higher priority items,
based on emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back
to that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of Veterans
Affairs for fiscal year 2018, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits
Administration'' accounts may be transferred between such accounts:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and receive
approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38,
United States Code--
(1) provides to individuals who contact the hotline immediate
assistance from a trained professional; and
(2) adheres to all requirements of the American Association of
Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such term
in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum, or other
action by the President; and
(ii) any agency policy, order, or other directive.
Sec. 233. None of the funds in this or any other Act may be used
to close Department of Veterans Affairs (VA) hospitals, domiciliaries,
or clinics, conduct an environmental assessment, or to diminish
healthcare services at existing Veterans Health Administration medical
facilities located in Veterans Integrated Service Network 23 as part of
a planned realignment of VA services until the Secretary provides to
the Committees on Appropriations of both Houses of Congress a report
including the following elements:
(1) a national realignment strategy that includes a detailed
description of realignment plans within each Veterans Integrated
Services Network (VISN), including an updated Long Range Capital
Plan to implement realignment requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned realignment,
including the cost of replacing Veterans Health Administration
services with contract care or other outsourced services;
(4) an analysis of how any such planned realignment of services
will impact access to care for veterans living in rural or highly
rural areas, including travel distances and transportation costs to
access a VA medical facility and availability of local specialty
and primary care;
(5) an inventory of VA buildings with historic designation and
the methodology used to determine the buildings' condition and
utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation Act; and
(7) consideration given for reuse of historic buildings within
newly identified realignment requirements: Provided, That, this
provision shall not apply to capital projects in VISN 23, or any
other VISN, which have been authorized or approved by Congress.
Sec. 234. Section 8109(b) of title 38, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(4) notwithstanding subsection (a) of section 1344 of title 31,
may use a passenger carrier (as such term is defined in subsection
(h)(1) of such section) to transport such an employee between a parking
facility and the medical facility of the Department at which the
employee works.''.
Sec. 235. None of the funds made available to the Secretary of
Veterans Affairs by this or any other Act may be obligated or expended
in contravention of the ``Veterans Health Administration Clinical
Preventive Services Guidance Statement on the Veterans Health
Administration's Screening for Breast Cancer Guidance'' published on
May 10, 2017, as issued by the Veterans Health Administration National
Center for Health Promotion and Disease Prevention.
Sec. 236. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given such
term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such term
is defined in section 101 of title 38, United States Code, who has
a service-connected disability that results in the inability of the
veteran to procreate without the use of fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a member
of the Armed Forces who incurs a serious injury or illness on
active duty pursuant to section 1074(c)(4)(A) of title 10, United
States Code, as described in the memorandum on the subject of
``Policy for Assisted Reproductive Services for the Benefit of
Seriously or Severely Ill/Injured (Category II or III) Active Duty
Service Members'' issued by the Assistant Secretary of Defense for
Health Affairs on April 3, 2012, and the guidance issued to
implement such policy, including any limitations on the amount of
such benefits available to such a member except that--
(A) the time periods regarding embryo cryopreservation and
storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
(B) such term includes embryo cryopreservation and storage
without limitation on the duration of such cryopreservation and
storage.
(4) The term ``adoption reimbursement'' means reimbursement for
the adoption-related expenses for an adoption that is finalized
after the date of the enactment of this Act under the same terms as
apply under the adoption reimbursement program of the Department of
Defense, as authorized in Department of Defense Instruction
1341.09, including the reimbursement limits and requirements set
forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2017 (Public Law 115-31).
(rescission of funds)
Sec. 237. Of the unobligated balance of funds made available in
the sixth proviso under the heading ``Department of Veterans Affairs--
Veterans Health Administration--Medical Services'' in title II of
Division J of the Consolidated Appropriations Act, 2016 (Public Law
114-113), $751,000,000 is hereby rescinded.
Sec. 238. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 239. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 240. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense and
the Secretary of Labor, shall discontinue using Social Security account
numbers to identify individuals in all information systems of the
Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by the
Secretary, not later than 5 years after the date of the enactment
of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this Act.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of
the Department of Veterans Affairs if and only if the use of such
number is required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
Sec. 241. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2018 and 2019 for ``Medical Services'', section
239 of Division A of Public Law 114-223 shall apply.
Sec. 242. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
(rescissions of funds)
Sec. 243. (a) Of the unobligated balance of funds made available
through September 30, 2018, under the heading ``Construction, Major
Projects'' in division J of the Consolidated Appropriations Act, 2014
(Public Law 113-76), $10,000,000 is hereby rescinded.
(b) For an additional amount for ``Construction, Major Projects'',
$10,000,000, to remain available until September 30, 2023.
(c) Of the unobligated balance of funds made available through
September 30, 2019, under the heading ``Construction, Major Projects''
in division I of the Consolidated and Further Continuing Appropriations
Act, 2015 (Public Law 113-235), $410,000,000 is hereby rescinded.
(d) For an additional amount for ``Construction, Major Projects'',
$410,000,000, to remain available until September 30, 2024.
Sec. 244. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2018 and fiscal year 2019 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 245. (a) Section 204(c) of the Department of Veterans Affairs
Health Care Programs Enhancement Act of 2001 (Public Law 107-135; 38
U.S.C. 1710 note) is amended--
(1) by inserting ``(1)'' before ``The program''; and
(2) by adding at the end the following new paragraph:
``(2) The program shall be carried out at not fewer than two
medical centers or clinics in each Veterans Integrated Service
Network by not later than December 31, 2019, and at not fewer than
50 percent of all medical centers in each Veterans Integrated
Service Network by not later than December 31, 2021.''.
(b)(1) Paragraph (6) of section 1701 of title 38, United States
Code, is amended by adding at the end the following new subparagraph:
``(H) Chiropractic services.''.
(2) Paragraph (8) of such section is amended by inserting
``chiropractic,'' after ``counseling,''.
(3) Paragraph (9) of such section is amended--
(A) by redesignating subparagraphs (F) through (K) as
subparagraphs (G) through (L), respectively; and
(B) by inserting after subparagraph (E) the following new
subparagraph (F):
``(F) chiropractic examinations and services;''.
Sec. 246. (a) Pilot Program.--The Secretary of Veterans Affairs
shall carry out a pilot program to provide educational assistance to
certain former members of the Armed Forces for education and training
as physician assistants of the Department of Veterans Affairs.
(b) Eligible Individuals.--An individual is eligible to participate
in the pilot program if the individual--
(1) has medical or military health experience gained while
serving as a member of the Armed Forces;
(2) has received a certificate, associate degree, baccalaureate
degree, master's degree, or postbaccalaureate training in a science
relating to health care; or
(3) has participated in the delivery of healthcare services or
related medical services, including participation in military
training relating to the identification, evaluation, treatment, and
prevention of diseases and disorders.
(c) Duration.--The pilot program shall be carried out during the 5-
year period beginning on the date that is 180 days after the date of
the enactment of this Act.
(d) Selection.--
(1) The Secretary shall select eligible individuals under
subsection (b) to participate in the pilot program.
(2) In selecting individuals to participate in the pilot
program under paragraph (1), the Secretary shall give priority to
individuals who agree to be employed as a physician assistant for
the Veterans Health Administration at a medical facility of the
Department located in a community that--
(A) is designated as a medically underserved population
under section 330(b)(3)(A) of the Public Health Service Act (42
U.S.C. 254b(b)(3)(A)); and
(B) is in a State with a per capita population of veterans
of more than 5 percent according to the National Center for
Veterans Analysis and Statistics and the United States Census
Bureau.
(e) Educational Assistance.--In carrying out the pilot program, the
Secretary shall provide educational assistance to individuals
participating in the pilot program, including through the use of
scholarships, to cover the costs to such individuals of obtaining a
master's degree in physician assistant studies or a similar master's
degree.
(f) Period of Obligated Service.--The Secretary shall enter into an
agreement with each individual participating in the pilot program in
which such individual agrees to be employed as a physician assistant
for the Veterans Health Administration for a period of obligated
service to be determined by the Secretary.
(g) Breach.--An individual who participates in the pilot program
and fails to satisfy the period of obligated service under subsection
(f) shall be liable to the United States, in lieu of such obligated
service, for the amount that has been paid or is payable to or on
behalf of the individual under the pilot program, reduced by the
proportion that the number of days served for completion of the period
of obligated service bears to the total number of days in the period of
obligated service of such individual.
(h) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
collaboration with the Secretary of Labor, the Secretary of Defense,
and the Secretary of Health and Human Services, shall submit to
Congress a report on the pilot program's effectiveness of helping to
meet the shortage of physician assistants employed by the Department.
Sec. 247. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2018 and 2019, section 248 of Division A of
Public Law 114-223 shall apply.
Sec. 248. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38,
United States Code, does not exceed 125 veterans to one full-time
employment equivalent.
(b) Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the programs of
rehabilitation conducted under chapter 31 of title 38, United States
Code, including--
(1) an assessment of the veteran-to-staff ratio for each such
program; and
(2) recommendations for such action as the Secretary considers
necessary to reduce the veteran-to-staff ratio for each such
program.
Sec. 249. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute or
claim with an individual that would restrict in any way the individual
from speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national defense
or the conduct of foreign affairs.
Sec. 250. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2018 and 2019, section 258 of Division A of
Public Law 114-223 shall apply.
Sec. 251. (a) In General.--Section 2402(a) of title 38, United
States Code, is amended by adding at the end the following new
paragraph:
``(10) Any individual--
``(A) who--
``(i) was naturalized pursuant to section 2(1) of the
Hmong Veterans' Naturalization Act of 2000 (Public Law 106-
207; 8 U.S.C. 1423 note); and
``(ii) at the time of the individual's death resided in
the United States.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to an individual dying on or after the date of the
enactment of this Act.
Sec. 252. The Secretary may carry out a 2-year pilot program
making grants to nonprofit veterans services organizations recognized
by the Secretary in accordance with section 5902 of title 38, United
States Code, to upgrade, through construction and repair, VSO community
facilities into health and wellness centers and to promote and expand
complementary and integrative wellness programs: Provided, That no
single grant may exceed a total of $500,000: Provided further, That
the Secretary may not provide more than 20 grants during the 2-year
pilot program: Provided further, That the recipient of a grant under
this section may not use the grant to purchase real estate or to carry
out repair of facilities leased by the recipient or to construct
facilities on property leased by the recipient: Provided further, That
the Secretary ensures that the grant recipients use grant funds to
construct or repair facilities located in at least 10 different
geographic locations in economically depressed areas or areas
designated as highly rural that are not in close proximity to
Department of Veterans Affairs medical centers: Provided further, That
the Secretary shall report to the Committees on Appropriations of both
Houses of Congress no later than 180 days after enactment of this Act,
on the grant program established under this section.
Sec. 253. None of the funds appropriated in this or any other Act
for ``Grants for Construction of State Extended Care Facilities'' may
be used to award grants for applications included in priority one of
the priority list for the first time which have been assigned a higher
priority ranking for fiscal year 2018 than unfunded applications which
met the eligibility requirements defined in section 8135(c) of title
38, United States Code, in fiscal year 2017 and continue to meet those
requirements in fiscal year 2018: Provided, That the Secretary may
award grants for new applications in fiscal year 2018 for projects that
did not meet eligibility requirements defined in section 8135(c) of
title 38, United States Code, in fiscal year 2017 only after
applications which met priority one eligibility requirements in fiscal
year 2017 and continue to meet those requirements defined in section
8135(c) of title 38, United States Code, have been funded: Provided
further, That nothing in this section shall preclude the Secretary from
assigning a higher priority ranking or funding a grant application to
correct conditions that threaten the life or safety of patients which
meet the criteria laid out in section 8135(c) of title 38, United
States Code.
Sec. 254. None of the funds appropriated or otherwise made
available by this Act may be used to conduct research using canines
unless: the scientific objectives of the study can only be met by
research with canines; the study has been directly approved by the
Secretary; and the study is consistent with the revised Department of
Veterans Affairs canine research policy document released on December
18, 2017: Provided, That not later than 180 days after enactment of
this Act, the Secretary shall submit to the Committees on
Appropriations of both Houses of Congress a detailed report outlining
under what circumstances canine research may be needed if there are no
other alternatives, how often it was used during that time period, and
what protocols are in place to determine both the safety and efficacy
of the research.
Sec. 255. For an additional amount for the Department of Veterans
Affairs, $2,000,000,000 to remain available until expended, for
infrastructure improvements, including new construction, and in
addition to amounts otherwise made available in this act for such
purpose, of which:
(1) $1,000,000,000 shall be for ``Veterans Health
Administration--Medical Facilities'' to be used for non-recurring
maintenance;
(2) $425,000,000 shall be for ``Departmental Administration--
Construction, Minor Projects''; and,
(3) $575,000,000 shall be for ``Departmental Administration--
Grants for Construction of State Extended Care Facilities'';
Provided, That the additional amounts appropriated for the purposes
of non-recurring maintenance and minor construction may be used to
carry out critical life-safety projects identified in the Department's
annual facility condition assessments; sustainment projects;
modernization projects; infrastructure repair; renovations at existing
Veterans Health Administration medical centers and outpatient clinics;
and projects included in the Strategic Capital Investment Process plan:
Provided further, That the additional amounts appropriated under this
section may not be obligated or expended until the Secretary of
Veterans Affairs submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, a detailed expenditure
plan, including project descriptions and costs, for any non-recurring
maintenance, minor construction or State extended care facility project
being funded with the additional amounts made available in this
administrative provision.
Sec. 256. Subsection (d) of section 504 of the Veterans' Benefits
Improvement Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note), as
amended, is further amended to read as follows:
``(c) Source of Funds.--Expenses of carrying out the pilot program
under this section, including payments for pilot program examination
travel and incidental expenses under the terms and conditions set forth
by 38 U.S.C. 111, shall be reimbursed to the accounts available for the
general operating expenses of the Veterans Benefits Administration and
information technology systems from amounts available to the Secretary
of Veterans Affairs for payment of compensation and pensions.''.
Sec. 257. None of the funds made available by this Act may be used
to charge a veteran a fee for a veterans identification card pursuant
to section 5706(c) of title 38, United States Code.
Sec. 258. (a) In General.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 1712I. Mental and behavioral health care for certain former
members of the Armed Forces
``(a) In General.--The Secretary shall furnish to former members of
the Armed Forces described in subsection (b)--
``(1) an initial mental health assessment; and
``(2) the mental healthcare or behavioral healthcare services
authorized under this chapter that are required to treat the mental
or behavioral health care needs of the former service members,
including risk of suicide or harming others.
``(b) Eligible Individuals.--A former member of the Armed Forces
described in this subsection is an individual who--
``(1) is a former member of the Armed Forces, including the
reserve components;
``(2) while serving in the active military, naval, or air
service, was discharged or released therefrom under a condition
that is not honorable but not--
``(A) a dishonorable discharge; or
``(B) a discharge by court-martial;
``(3) is not otherwise eligible to enroll in the health care
system established by section 1705 of this title; and
``(4)(A)(i) served in the Armed Forces for a period of more
than 100 cumulative days; and
``(ii) was deployed in a theater of combat operations, in
support of a contingency operation, or in an area at a time during
which hostilities are occurring in that area during such service,
including by controlling an unmanned aerial vehicle from a location
other than such theater or area; or
``(B) while serving in the Armed Forces, was the victim of a
physical assault of a sexual nature, a battery of a sexual nature,
or sexual harassment (as defined in section 1720D(f) of this
title).
``(c) Non-Department Care.--(1) In furnishing mental or behavioral
health care services to an individual under this section, the Secretary
may provide such mental or behavioral health care services at a non-
Department facility if--
``(A) in the judgment of a mental health professional employed
by the Department, the receipt of mental or behavioral health care
services by that individual in facilities of the Department would
be clinically inadvisable; or
``(B) facilities of the Department are not capable of
furnishing such mental or behavioral health care services to that
individual economically because of geographical inaccessibility.
``(2) The Secretary shall carry out paragraph (1) pursuant to
section 1703 of this title or any other provision of law authorizing
the Secretary to enter into contracts or agreements to furnish hospital
care and medical services to veterans at non-Department facilities.
``(d) Setting and Referrals.--In furnishing mental and behavioral
health care services to individuals under this section, the Secretary
shall--
``(1) seek to ensure that such services are furnished in
settings that are therapeutically appropriate, taking into account
the circumstances that resulted in the need for such services; and
``(2) provide referral services to assist former members who
are not eligible for services under this chapter to obtain services
from sources outside the Department.
``(e) Information.--The Secretary shall provide information on the
mental and behavioral health care services available under this
section. Efforts by the Secretary to provide such information--
``(1) shall include notification of each eligible individual
described in subsection (b) about the eligibility of the individual
for covered mental and behavioral health care under this section
not later than the later of--
``(A) 180 days after the date of the enactment of the
Military Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2018; or
``(B) 180 days after the date on which the individual was
discharged or released from the active military, naval, or air
service;
``(2) shall include availability of a toll-free telephone
number (commonly referred to as an 800 number);
``(3) shall ensure that information about the mental health
care services available under this section--
``(A) is revised and updated as appropriate;
``(B) is made available and visibly posted at appropriate
facilities of the Department; and
``(C) is made available to State veteran agencies and
through appropriate public information services; and
``(4) shall include coordination with the Secretary of Defense
seeking to ensure that members of the Armed Forces and individuals
who are being separated from active military, naval, or air service
are provided appropriate information about programs, requirements,
and procedures for applying for mental health care services under
this section.
``(f) Annual Reports.--(1) Not less frequently than once each year,
the Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the mental and behavioral health care
services provided under this section.
``(2) Each report submitted under paragraph (1) shall include, with
respect to the year preceding the submittal of the report, the
following:
``(A) The number of eligible individuals who were furnished
mental or behavioral health care services under this section,
disaggregated by the number of men who received such services and
the number of women who received such services.
``(B) The number of individuals who requested an initial mental
health assessment under subsection (a)(1).
``(C) Such other information as the Secretary considers
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 38, United States Code, is amended by inserting
after the item relating to section 1720H the following new item:
``1720I. Mental and behavioral health care for certain former members of
the Armed Forces.''.
Sec. 259. (a) In General.--Chapter 53 of title 38, United States
Code, is amended by inserting after section 5303A the following new
section:
``Sec. 5303B. Character of service determinations
``(a) Determination.--The Secretary shall establish a process by
which an individual who served in the Armed Forces and was discharged
or dismissed therefrom may seek a determination from the Secretary with
respect to whether such discharge or release was under a condition that
bars the right of such individual to a benefit under the laws
administered by the Secretary based upon the period of service from
which discharged or dismissed.
``(b) Provision of Information.--If the Secretary determines under
subsection (a) that an individual is barred to a benefit under the laws
administered by the Secretary, the Secretary shall provide to such
individual information regarding the ability of the individual to
address such condition, including pursuant to section 5303 of this
title and chapter 79 of title 10.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
5303A the following new item:
``5303B. Character of service determinations.''.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $42,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $79,000,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
(including transfer of funds)
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $33,600,000: Provided, That, of
the amount, up to $800,000 may be transferred to the General Services
Administration for planning and design of a courthouse, to include a
feasibility study: Provided further, That $2,580,000 shall be
available for the purpose of providing financial assistance as
described and in accordance with the process and reporting procedures
set forth under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $80,800,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2020. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $167,000,000, to remain available until expended, for
planning and design and construction associated with the Southern
Expansion project at Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $64,300,000, of which $1,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the Treasury
to the Trust Fund.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
provided to Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery, making
additional land available for ground burials.
Sec. 302. Amounts deposited into the special account established
under 10 U.S.C. 4727 are appropriated and shall be available until
expended to support activities at the Army National Military
Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$146,100,000, to remain available until September 30, 2022, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $33,248,000, to remain available until September 30,
2022, for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force''
$546,352,000, to remain available until September 30, 2022, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $24,300,000, to remain available until September 30, 2022, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Administrative Provisions
Sec. 401. Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
Sec. 402. Notwithstanding any other provision of law, the
Secretary of Defense is directed to provide the congressional defense
committees a future years defense program for funds appropriated to the
Department of Defense for construction projects related to European
Reassurance Initiative and European Deterrence Initiative beginning in
fiscal year 2018 and each subsequent fiscal year that funding is
requested for either initiative. Further, the Secretary of Defense is
directed to submit the future years defense program with each fiscal
year budget submission.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 504. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 506. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 507. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 508. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 509. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 510. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 511. None of the funds made available by this Act may be used
by the Department of Defense or the Department of Veterans Affairs to
lease or purchase new light duty vehicles for any executive fleet, or
for an agency's fleet inventory, except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
Sec. 512. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018''.
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $5,744,440,000, of which up to
$654,553,000 may remain available until September 30, 2019, and of
which up to $1,380,752,000 may remain available until expended for
Worldwide Security Protection: Provided, That funds made available
under this heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of persons
on a temporary basis (not to exceed $700,000), as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948, $2,770,673,000, of which up to $476,879,000
is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the regional
bureaus of the Department of State and overseas activities as
authorized by law, $1,253,799,000.
(3) Diplomatic policy and support.--For necessary expenses for
the functional bureaus of the Department of State, including
representation to certain international organizations in which the
United States participates pursuant to treaties ratified pursuant
to the advice and consent of the Senate or specific Acts of
Congress, general administration, and arms control,
nonproliferation and disarmament activities as authorized,
$794,561,000.
(4) Security programs.--For necessary expenses for security
activities, $925,407,000, of which up to $903,873,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be credited
to this appropriation from fees or other payments received from
English teaching, library, motion pictures, and publication
programs and from fees from educational advising and counseling
and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $10,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor vehicles
as authorized by law and, pursuant to section 1108(g) of title
31, United States Code, for the field examination of programs
and activities in the United States funded from any account
contained in this title.
(D) Funds appropriated under this heading that are
designated for Worldwide Security Protection shall continue to
be made available for support of security-related training at
sites in existence prior to the enactment of this Act.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $103,400,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$77,629,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections:
Provided, That of the funds appropriated under this heading,
$11,644,000 may remain available until September 30, 2019.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $646,143,000, to remain available until expended, of which
not less than $240,000,000 shall be for the Fulbright Program and not
less than $111,360,000 shall be for Citizen Exchange Program, including
$4,125,000 for the Congress-Bundestag Youth Exchange: Provided, That
fees or other payments received from, or in connection with, English
teaching, educational advising and counseling programs, and exchange
visitor programs as authorized may be credited to this account, to
remain available until expended: Provided further, That a portion of
the Fulbright awards from the Eurasia and Central Asia regions shall be
designated as Edmund S. Muskie Fellowships, following consultation with
the Committees on Appropriations: Provided further, That any
substantive modifications from the prior fiscal year to programs funded
by this Act under this heading shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
representation expenses
For representation expenses as authorized, $8,030,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$30,890,000, to remain available until September 30, 2019.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $765,459,000, to remain
available until expended, of which not to exceed $25,000 may be used
for domestic and overseas representation expenses as authorized:
Provided, That none of the funds appropriated in this paragraph shall
be available for acquisition of furniture, furnishings, or generators
for other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,477,237,000, to remain
available until expended: Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made
available under this heading and the actual and anticipated proceeds of
sales for all projects in fiscal year 2018.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $7,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,440,856.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions, or specific Acts of Congress, $1,371,168,000:
Provided, That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That not later than June 1, 2018, and 30 days after the end of
fiscal year 2018, the Secretary of State shall report to the Committees
on Appropriations any credits attributable to the United States,
including from the United Nations Tax Equalization Fund, and provide
updated fiscal year 2018 and fiscal year 2019 assessment costs
including offsets from available credits and updated foreign currency
exchange rates: Provided further, That any such credits shall only be
available for United States assessed contributions to the United
Nations regular budget, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed contribution,
including any payment of arrearages: Provided further, That any
notification regarding funds appropriated or otherwise made available
under this heading in this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs
submitted pursuant to section 7015 of this Act, section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or any
operating plan submitted pursuant to section 7076 of this Act, shall
include an estimate of all known credits currently attributable to the
United States and provide updated assessment costs including offsets
from available credits and updated foreign currency exchange rates:
Provided further, That any payment of arrearages under this heading
shall be directed to activities that are mutually agreed upon by the
United States and the respective international organization and shall
be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $414,624,000, of which
15 percent shall remain available until September 30, 2019: Provided,
That none of the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for such mission in the
United Nations Security Council (or in an emergency as far in advance
as is practicable), the Committees on Appropriations are notified of:
(1) the estimated cost and duration of the mission, the objectives of
the mission, the national interest that will be served, and the exit
strategy; and (2) the sources of funds, including any reprogrammings or
transfers, that will be used to pay the cost of the new or expanded
mission, and the estimated cost in future fiscal years: Provided
further, That none of the funds appropriated under this heading may be
made available for obligation unless the Secretary of State certifies
and reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is implementing
effective policies and procedures to prevent United Nations employees,
contractor personnel, and peacekeeping troops serving in such mission
from trafficking in persons, exploiting victims of trafficking, or
committing acts of sexual exploitation and abuse or other violations of
human rights, and to bring to justice individuals who engage in such
acts while participating in such mission, including prosecution in
their home countries and making information about such prosecutions
publicly available on the Web site of the United Nations: Provided
further, That the Secretary of State shall work with the United Nations
and foreign governments contributing peacekeeping troops to implement
effective vetting procedures to ensure that such troops have not
violated human rights: Provided further, That funds shall be available
for peacekeeping expenses unless the Secretary of State determines that
United States manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the funds
appropriated or otherwise made available under this heading may be used
for any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors have
submitted to the President a recommendation that such involvement is in
the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That
not later than June 1, 2018, and 30 days after the end of fiscal year
2018, the Secretary of State shall report to the Committees on
Appropriations any credits attributable to the United States, including
those resulting from United Nations peacekeeping missions or the United
Nations Tax Equalization Fund, and provide updated fiscal year 2018 and
fiscal year 2019 assessment costs including offsets from available
credits: Provided further, That any such credits shall only be
available for United States assessed contributions to United Nations
peacekeeping missions, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed contribution,
including any payment of arrearages: Provided further, That any
notification regarding funds appropriated or otherwise made available
under this heading in this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs
submitted pursuant to section 7015 of this Act, section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or any
operating plan submitted pursuant to section 7076 of this Act, shall
include an estimate of all known credits currently attributable to the
United States and provide updated assessment costs, including offsets
from available credits: Provided further, That any payment of
arrearages with funds appropriated by this Act shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall work with the
United Nations and members of the United Nations Security Council to
evaluate and prioritize peacekeeping missions, and to consider a draw
down when mission goals have been substantially achieved.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $48,134,000.
construction
For detailed plan preparation and construction of authorized
projects, $29,400,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by the North American
Free Trade Agreement Implementation Act (Public Law 103-182),
$13,258,000: Provided, That of the amount provided under this heading
for the International Joint Commission, up to $500,000 may remain
available until September 30, 2019, and $9,000 may be made available
for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $46,356,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East, $797,986,000:
Provided, That in addition to amounts otherwise available for such
purposes, up to $34,508,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $13,800,000 shall
be for Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be used for such
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free Europe/
Radio Liberty: Provided further, That the BBG shall notify the
Committees on Appropriations within 15 days of any determination by the
BBG that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation of the
principles and standards set forth in subsections (a) and (b) of
section 303 of the United States International Broadcasting Act of 1994
(22 U.S.C. 6202) or the entity's journalistic code of ethics: Provided
further, That significant modifications to BBG broadcast hours
previously justified to Congress, including changes to transmission
platforms (shortwave, medium wave, satellite, Internet, and
television), for all BBG language services shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That in addition to funds made available under this
heading, and notwithstanding any other provision of law, up to
$5,000,000 in receipts from advertising and revenue from business
ventures, up to $500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting
Bureau, shall remain available until expended for carrying out
authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $9,700,000, to remain available until expended, as
authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until
expended.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $37,884,000, to remain available until September 30, 2019,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2018, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2018, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2018, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $170,000,000, to remain available until
expended, of which $117,500,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$52,500,000 shall be for democracy programs.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $675,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may
procure temporary, intermittent, and other services notwithstanding
paragraph (3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2018: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et
seq.), $4,500,000, to remain available until September 30, 2019,
including not more than $4,000 for representation expenses: Provided,
That prior to the obligation of $1,000,000 of the funds appropriated
under this heading, the Commission shall consult with the appropriate
congressional committees on the steps taken to implement the
recommendations of the Independent Review of USCIRF Mission
Effectiveness that was conducted pursuant to the United States
Commission on International Religious Freedom Reauthorization Act of
2015 (Public Law 114-71), and such funds shall be subject to the
regular notification procedures of the Committees on Appropriations.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C.
3001 et seq.), $2,579,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2019.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,000,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2019.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2019:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2018 and shall apply to
funds appropriated under this heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,189,609,000, of which up to
$178,441,000 may remain available until September 30, 2019: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development, unless the USAID
Administrator has identified such proposed use of funds in a report
submitted to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID during the
current fiscal year.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $197,100,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available subject to the regular
notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $72,800,000, of which up to
$10,920,000 may remain available until September 30, 2019, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $3,020,000,000, to remain available until September 30, 2019,
and which shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be made
available for training, equipment, and technical assistance to build
the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to, unanticipated and emerging global health threats; and (8)
family planning/reproductive health: Provided further, That funds
appropriated under this paragraph may be made available for a United
States contribution to the GAVI Alliance: Provided further, That none
of the funds made available in this Act nor any unobligated balances
from prior appropriations Acts may be made available to any
organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided further,
That any determination made under the previous proviso must be made not
later than 6 months after the date of enactment of this Act, and must
be accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects which
offer, either directly or through referral to, or information about
access to, a broad range of family planning methods and services, and
that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4)
of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,670,000,000, to remain
available until September 30, 2022, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), and shall be expended at the
minimum rate necessary to make timely payment for projects and
activities: Provided further, That the amount of such contribution
should be $1,350,000,000: Provided further, That clauses (i) and (vi)
of section 202(d)(4)(A) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622) shall be
applied with respect to such funds made available for fiscal years 2015
through 2018 by substituting ``2004'' for ``2009'': Provided further,
That up to 5 percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2018 may be made available to USAID for
technical assistance related to the activities of the Global Fund,
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this paragraph, up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $3,000,000,000, to remain
available until September 30, 2019.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $2,696,534,000,
to remain available until expended.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961,
$30,000,000, to remain available until expended, to support transition
to democracy and long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful resolution of
conflict: Provided further, That the USAID Administrator shall submit
a report to the Committees on Appropriations at least 5 days prior to
beginning a new program of assistance: Provided further, That if the
Secretary of State determines that it is important to the national
interest of the United States to provide transition assistance in
excess of the amount appropriated under this heading, up to $15,000,000
of the funds appropriated by this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961 may be used for purposes
of this heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds made
available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to support programs and activities to prevent or
respond to emerging or unforeseen foreign challenges and complex crises
overseas, $10,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made available on
such terms and conditions as are appropriate and necessary for the
purposes of preventing or responding to such challenges and crises,
except that no funds shall be made available for lethal assistance or
to respond to natural disasters: Provided further, That funds
appropriated under this heading may be made available notwithstanding
any other provision of law, except sections 7007, 7008, and 7018 of
this Act and section 620M of the Foreign Assistance Act of 1961:
Provided further, That funds appropriated under this heading may be
used for administrative expenses, in addition to funds otherwise
available for such purposes, except that such expenses may not exceed 5
percent of the funds appropriated under this heading: Provided
further, That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on
Appropriations, except that such notifications shall be transmitted at
least 5 days prior to the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$55,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That funds provided
under this paragraph and funds provided as a gift that are used for
purposes of this paragraph pursuant to section 635(d) of the Foreign
Assistance Act of 1961 shall be made available only for micro- and
small enterprise programs, urban programs, and other programs which
further the purposes of part I of such Act: Provided further, That
funds provided as a gift that are used for purposes of this paragraph
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, and funds used for such cost, including if the cost
results in a negative subsidy, shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to general
provisions applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306 of H.R.
1486 as reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan guarantees
provided under this heading, except that the principal amount of loans
made or guaranteed under this heading with respect to any single
country shall not exceed $300,000,000: Provided further, That these
funds are available to subsidize total loan principal, any portion of
which is to be guaranteed, of up to $1,750,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $10,000,000, which may be transferred
to, and merged with, funds made available under the heading ``Operating
Expenses'' in title II of this Act: Provided, That funds made
available under this heading shall remain available until September 30,
2020.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $1,816,731,000, to
remain available until September 30, 2019.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $150,375,000, to remain available
until September 30, 2019, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
available by this Act for such purposes: Provided further, That the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations prior to
the obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $65,125,000, to remain
available until September 30, 2019, which shall be made available for
the Bureau for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $750,334,000, to remain available until September
30, 2019, which shall be available, notwithstanding any other provision
of law, except section 7070 of this Act, for assistance and related
programs for countries identified in section 3 of Public Law 102-511
(22 U.S.C. 5801) and section 3(c) of Public Law 101-179 (22 U.S.C.
5402), in addition to funds otherwise available for such purposes:
Provided, That funds appropriated by this Act under the headings
``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be administered in
accordance with the responsibilities of the coordinator designated
pursuant to section 102 of Public Law 102-511 and section 601 of Public
Law 101-179: Provided further, That funds appropriated under this
heading shall be considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $927,802,000, to remain available until expended, of which not
less than $35,000,000 shall be made available to respond to small-scale
emergency humanitarian requirements, and $7,500,000 shall be made
available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $1,000,000, to remain available until expended:
Provided, That amounts in excess of the limitation contained in
paragraph (2) of such section shall be transferred to, and merged with,
funds made available by this Act under the heading ``Migration and
Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $410,000,000, of which $5,500,000 is
for the Office of Inspector General, to remain available until
September 30, 2019: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made available
for Peace Corps overseas operations: Provided further, That of the
funds appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That any decision to open, close, significantly reduce, or suspend a
domestic or overseas office or country program shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations, except that prior consultation and
regular notification procedures may be waived when there is a
substantial security risk to volunteers or other Peace Corps personnel,
pursuant to section 7015(e) of this Act: Provided further, That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$905,000,000, to remain available until expended: Provided, That of
the funds appropriated under this heading, up to $105,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation (MCC): Provided further, That up to 5 percent of the funds
appropriated under this heading may be made available to carry out the
purposes of section 616 of the MCA for fiscal year 2018: Provided
further, That section 605(e) of the MCA shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the MCA only
if such Compact obligates, or contains a commitment to obligate subject
to the availability of funds and the mutual agreement of the parties to
the Compact to proceed, the entire amount of the United States
Government funding anticipated for the duration of the Compact:
Provided further, That the MCC Chief Executive Officer shall notify the
Committees on Appropriations not later than 15 days prior to commencing
negotiations for any country compact or threshold country program;
signing any such compact or threshold program; or terminating or
suspending any such compact or threshold program: Provided further,
That funds appropriated under this heading by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs that are available to implement section 609(g) of
the MCA shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That no country should
be eligible for a threshold program after such country has completed a
country compact: Provided further, That any funds that are deobligated
from a Millennium Challenge Compact shall be subject to the regular
notification procedures of the Committees on Appropriations prior to
re-obligation: Provided further, That notwithstanding section
606(a)(2) of the MCA, a country shall be a candidate country for
purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World Bank's
lower middle income country threshold for the fiscal year and is among
the 75 lowest per capita income countries as identified by the World
Bank; and the country meets the requirements of section 606(a)(1)(B) of
the MCA: Provided further, That notwithstanding section 606(b)(1) of
the MCA, in addition to countries described in the preceding proviso, a
country shall be a candidate country for purposes of eligibility for
assistance for the fiscal year if the country has a per capita income
equal to or below the World Bank's lower middle income country
threshold for the fiscal year and is not among the 75 lowest per capita
income countries as identified by the World Bank; and the country meets
the requirements of section 606(a)(1)(B) of the MCA: Provided further,
That any MCC candidate country under section 606 of the MCA with a per
capita income that changes in the fiscal year such that the country
would be reclassified from a low income country to a lower middle
income country or from a lower middle income country to a low income
country shall retain its candidacy status in its former income
classification for the fiscal year and the 2 subsequent fiscal years:
Provided further, That publication in the Federal Register of a notice
of availability of a copy of a Compact on the MCC Web site shall be
deemed to satisfy the requirements of section 610(b)(2) of the MCA for
such Compact: Provided further, That none of the funds made available
by this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be available for
a threshold program in a country that is not currently a candidate
country: Provided further, That of the funds appropriated under this
heading, not to exceed $100,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be available
for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2019: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$30,000,000, to remain available until September 30, 2019, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of
Directors of the USADF may waive the $250,000 limitation contained in
that section with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available
for such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation
from the Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $30,000,000, to remain available
until September 30, 2020: Provided, That amounts made available under
this heading may be made available to contract for services as
described in section 129(d)(3)(A) of the Foreign Assistance Act of
1961, without regard to the location in which such services are
performed.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $950,845,000, to remain available until
September 30, 2019: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency
of the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of such Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, and other judicial authorities, utilizing
regional partners: Provided further, That funds made available under
this heading that are transferred to another department, agency, or
instrumentality of the United States Government pursuant to section
632(b) of the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a) of such
Act, shall be subject to the regular notification procedures of the
Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $655,467,000, to remain
available until September 30, 2019, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the
Arms Export Control Act, or the Foreign Assistance Act of 1961 for
demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and for a
voluntary contribution to the International Atomic Energy Agency
(IAEA): Provided, That the Secretary of State shall inform the
appropriate congressional committees of information regarding any
separate arrangements relating to the ``Road-map for the Clarification
of Past and Present Outstanding Issues Regarding Iran's Nuclear
Program'' between the IAEA and the Islamic Republic of Iran, in
classified form if necessary, if such information becomes known to the
Department of State: Provided further, That funds made available under
this heading for the Nonproliferation and Disarmament Fund shall be
made available, notwithstanding any other provision of law and subject
to prior consultation with, and the regular notification procedures of,
the Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament, and weapons
destruction, and shall remain available until expended: Provided
further, That such funds may also be used for such countries other than
the Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That funds appropriated
under this heading may be made available for the IAEA unless the
Secretary of State determines that Israel is being denied its right to
participate in the activities of that Agency: Provided further, That
funds made available for conventional weapons destruction programs,
including demining and related activities, in addition to funds
otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of such programs and
activities, subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $212,712,000: Provided, That
funds appropriated under this heading may be used, notwithstanding
section 660 of such Act, to provide assistance to enhance the capacity
of foreign civilian security forces, including gendarmes, to
participate in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than $31,000,000 shall
be made available for a United States contribution to the Multinational
Force and Observers mission in the Sinai: Provided further, That none
of the funds appropriated under this heading shall be obligated except
as provided through the regular notification procedures of the
Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $110,875,000, of which up to
$11,000,000 may remain available until September 30, 2019: Provided,
That the civilian personnel for whom military education and training
may be provided under this heading may include civilians who are not
members of a government whose participation would contribute to
improved civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That of the funds
appropriated under this heading, not to exceed $55,000 may be available
for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$5,671,613,000: Provided, That to expedite the provision of assistance
to foreign countries and international organizations, the Secretary of
State, following consultation with the Committees on Appropriations and
subject to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign security
forces: Provided further, That of the funds appropriated under this
heading, not less than $3,100,000,000 shall be available for grants
only for Israel which shall be disbursed within 30 days of enactment of
this Act: Provided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants made
available for Israel under this heading shall, as agreed by the United
States and Israel, be available for advanced weapons systems, of which
not less than $815,300,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That funds appropriated or otherwise
made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph (5)(C) of
section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services, or design and construction services that
are not sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That not
more than $75,000,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made available
under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation expenses: Provided further, That not more than
$950,000,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2018 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973 (Public Law 93-
188; 87 Stat. 713), $339,000,000: Provided, That section 307(a) of the
Foreign Assistance Act of 1961 shall not apply to contributions to the
United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $139,575,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,097,010,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $47,395,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $32,418,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $171,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available
until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $5,700,000, of which up to $855,000 may remain available until
September 30, 2019.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $110,000,000, of which up to $16,500,000 may remain available
until September 30, 2019: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That the Bank
shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets acquired by
the Bank in satisfaction of moneys owed the Bank, or the investigation
or appraisal of any property, or the evaluation of the legal,
financial, or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment has been
made, or systems infrastructure directly supporting transactions:
Provided further, That in addition to other funds appropriated for
administrative expenses, such fees shall be credited to this account
for such purposes, to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0:
Provided further, That amounts collected in fiscal year 2018 in excess
of obligations, up to $10,000,000 shall become available on September
1, 2018, and shall remain available until September 30, 2021.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by section 9104
of title 31, United States Code, such expenditures and commitments
within the limits of funds available to it and in accordance with law
as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance programs
(including an amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed $79,200,000: Provided
further, That project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act of
1961, shall not be considered administrative expenses for the purposes
of this heading.
program account
For the cost of direct and guaranteed loans as authorized by
section 234 of the Foreign Assistance Act of 1961, $20,000,000, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account, to remain available until September 30, 2020:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That funds so obligated in fiscal year 2018
remain available for disbursement through 2026; funds obligated in
fiscal year 2019 remain available for disbursement through 2027; and
funds obligated in fiscal year 2020 remain available for disbursement
through 2028: Provided further, That notwithstanding any other
provision of law, the Overseas Private Investment Corporation is
authorized to undertake any program authorized by title IV of chapter 2
of part I of the Foreign Assistance Act of 1961 in Iraq: Provided
further, That funds made available pursuant to the authority of the
previous proviso shall be subject to the regular notification
procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $79,500,000, to remain available
until September 30, 2019: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2018 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section shall be submitted not later than 30 days after the end of
each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
Order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Information.--The
Secretary of State shall promptly inform the Committees on
Appropriations of each instance in which a Federal department or agency
is delinquent in providing the full amount of funding required by
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note).
(b) Exception.--Notwithstanding paragraph (2) of section 604(e) of
the Secure Embassy Construction and Counterterrorism Act of 1999 (title
VI of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of that
Act), as amended by section 111 of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114-323), a project to construct a
facility of the United States may include office space or other
accommodations for members of the United States Marine Corps.
(c) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2018 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note),
the Secretary of State, in consultation with the Director of the Office
of Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the contribution of
the Department of State for this purpose: Provided, That funds
appropriated by this Act that are made available for departments and
agencies of the United States Government shall be made available for
the Capital Security Cost Sharing Program and the Maintenance Cost
Sharing Program at levels not less than the prior fiscal year.
(d) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2018,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection shall include
the information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in House Report 115-253 and Senate
Report 114-290: Provided further, That any such notification for a new
diplomatic facility justified to the Committees on Appropriations in
the Congressional Budget Justification, Department of State, Foreign
Operations, and Related Programs, Fiscal Year 2018, or not previously
justified to such Committees, shall also include confirmation that the
Department of State has completed the requisite value engineering
studies required pursuant to OMB Circular A-131, Value Engineering
December 31, 2013 and the Bureau of Overseas Building Operations Policy
and Procedure Directive, P&PD, Cost 02: Value Engineering.
(e) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this Act
under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation with
the appropriate congressional committees, to address security
vulnerabilities at interim and temporary United States diplomatic
facilities abroad, including physical security upgrades and local
guard staffing, except that the amount of funds made available for
such purposes from this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs shall be a minimum of $25,000,000.
(2) Consultation.--Notwithstanding any other provision of law,
the opening, closure, or any significant modification to an interim
or temporary United States diplomatic facility shall be subject to
prior consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on
Appropriations, except that such consultation and notification may
be waived if there is a security risk to personnel.
(f) Transfer of Funds Authority.--Funds appropriated under the
heading ``Diplomatic and Consular Programs'', including for Worldwide
Security Protection, and under the heading ``Embassy Security,
Construction, and Maintenance'' in this Act may be transferred to, and
merged with, funds appropriated under such headings if the Secretary of
State determines and reports to the Committees on Appropriations that
to do so is necessary to implement the recommendations of the Benghazi
Accountability Review Board, or to prevent or respond to security
situations and requirements, following consultation with, and subject
to the regular notification procedures of, such Committees: Provided,
That such transfer authority is in addition to any transfer authority
otherwise available under any other provision of law.
(g) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
recreational facilities, and residences used by United States
diplomatic personnel and their dependents, except that the amount made
available for such purposes shall be a minimum of $10,000,000.
(h) Secure Resupply and Maintenance.--The Secretary of State may
not grant final approval for the construction of a new facility or
substantial construction to improve or expand an existing facility in
the United States by or for the Government of the People's Republic of
China until the Secretary certifies and reports to the appropriate
congressional committees that an agreement has been concluded between
the Governments of the United States and the People's Republic of China
that permits secure resupply, maintenance, and new construction of
United States Government facilities in the People's Republic of China.
(i) New Embassy Compound Kinshasa.--Of the funds appropriated by
this Act under the heading ``Peacekeeping Operations'' that are made
available for the central Government of the Democratic Republic of the
Congo, 25 percent shall be withheld from obligation until the Secretary
of State certifies and reports to the Committees on Appropriations that
such Government has fully vacated the property purchased by the United
States in Kinshasa for the construction of a New Embassy Compound.
(j) Reports.--
(1) None of the funds appropriated under the heading ``Embassy
Security, Construction, and Maintenance'' in this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, made available through Federal
agency Capital Security Cost Sharing contributions and
reimbursements, or generated from the proceeds of real property
sales, other than from real property sales located in London,
United Kingdom, may be made available for site acquisition and
mitigation, planning, design, or construction of the New London
Embassy: Provided, That the reporting requirement contained in
section 7004(f)(2) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2012 (division I of Public
Law 112-74) shall remain in effect during fiscal year 2018.
(2) Within 45 days of enactment of this Act and every 4 months
thereafter until September 30, 2019, the Secretary of State shall
submit to the Committees on Appropriations a report on the new
Mexico City Embassy, New Delhi Embassy, and Beirut Embassy
projects: Provided, That such report shall include, for each of
the projects--
(A) a detailed breakout of the project factors that formed
the basis of the initial cost estimate used to justify such
project to the Committees on Appropriations, as described under
the heading ``Embassy Security, Construction, and Maintenance''
in House Report 115-253;
(B) a comparison of the current project factors as compared
to the project factors submitted pursuant to subparagraph (A)
of this subsection, and an explanation of any changes; and
(C) the impact of currency exchange rate fluctuations on
project costs.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 7015
of this Act.
department of state management
Sec. 7006. (a) Financial Systems Improvement.--Funds appropriated
by this Act for the operations of the Department of State under the
headings ``Diplomatic and Consular Programs'' and ``Capital Investment
Fund'' shall be made available to implement the recommendations
contained in the Foreign Assistance Data Review Findings Report (FADR)
and the Office of Inspector General (OIG) report entitled ``Department
Financial Systems Are Insufficient to Track and Report on Foreign
Assistance Funds'': Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations an update to the plan required under
section 7006 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of Public Law
115-31) for implementing the FADR and OIG recommendations: Provided
further, That such funds may not be obligated for enhancements to, or
expansions of, the Budget System Modernization Financial System,
Central Resource Management System, Joint Financial Management System,
or Foreign Assistance Coordination and Tracking System until such
updated plan is submitted to the Committees on Appropriations:
Provided further, That such funds may not be obligated for new, or
expansion of existing, ad hoc electronic systems to track commitments,
obligations, or expenditures of funds unless the Secretary of State,
following consultation with the Chief Information Officer of the
Department of State, has reviewed and certified that such new system or
expansion is consistent with the FADR and OIG recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the
Working Capital Fund may only be used for the service centers included
in the Congressional Budget Justification, Department of State, Foreign
Operations, and Related Programs, Fiscal Year 2018: Provided, That the
amounts for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of this
Act: Provided further, That Federal agency components shall be charged
only for their direct usage of each Working Capital Fund service:
Provided further, That prior to increasing the percentage charged to
Department of State bureaus and offices for procurement-related
activities, the Secretary of State shall include the proposed increase
in the Department of State budget justification or, at least 60 days
prior to the increase, provide the Committees on Appropriations a
justification for such increase, including a detailed assessment of the
cost and benefit of the services provided by the procurement fee:
Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the purpose and
authorities of such components: Provided further, That the Working
Capital Fund shall be paid in advance or reimbursed at rates which will
return the full cost of each service.
(c) Certification.--
(1) Not later than 45 days after the initial obligation of
funds appropriated under titles III and IV of this Act that are
made available to a Department of State bureau or office with
responsibility for the management and oversight of such funds, the
Secretary of State shall certify and report to the Committees on
Appropriations, on an individual bureau or office basis, that such
bureau or office is in compliance with Department and Federal
financial and grants management policies, procedures, and
regulations, as applicable.
(2) When making a certification required by paragraph (1), the
Secretary of State shall consider the capacity of a bureau or
office to--
(A) account for the obligated funds at the country and
program level, as appropriate;
(B) identify risks and develop mitigation and monitoring
plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) If the Secretary of State is unable to make a certification
required by paragraph (1), the Secretary shall submit a plan and
timeline detailing the steps to be taken to bring such bureau or
office into compliance.
(4) The report accompanying a certification required by
paragraph (1) shall include the requirements contained under this
section in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(d) Report on Sole Source Awards.--Not later than December 31,
2018, the Secretary of State shall submit a report to the appropriate
congressional committees detailing all sole-source awards made by the
Department of State during the previous fiscal year in excess of
$2,000,000: Provided, That such report should be posted on the
Department of State Web site.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Department of state.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the
Department of State under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers, and no
such transfer may be made to increase the appropriation under the
heading ``Representation Expenses''.
(2) Broadcasting board of governors.--Not to exceed 5 percent
of any appropriation made available for the current fiscal year for
the Broadcasting Board of Governors under title I of this Act may
be transferred between, and merged with, such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to this
subsection shall be treated as a reprogramming of funds under
section 7015 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
(b) Title VI Agencies.--Not to exceed 5 percent of any
appropriation, other than for administrative expenses made available
for fiscal year 2018, for programs under title VI of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under titles
II through V of this Act may be transferred to any department,
agency, or instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided in,
this Act or any other appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph (1),
in addition to transfers made by, or authorized elsewhere in, this
Act, funds appropriated by this Act to carry out the purposes of
the Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign Assistance
Act of 1961.
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department of
State with any department, agency, or instrumentality of the United
States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $1,000,000 and any
agreement made pursuant to section 632(a) of such Act, with funds
appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs
under the headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', and ``Assistance for
Europe, Eurasia and Central Asia'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall not
apply to agreements entered into between USAID and the Department
of State.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any agreement for
the transfer or allocation of funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations and related programs, entered into between the Department of
State or USAID and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that the
Inspector General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit responsibility if
the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and report to the
Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
(f) Report.--Not later than 90 days after enactment of this Act,
the Secretary of State and the USAID Administrator shall each submit a
report to the Committees on Appropriations detailing all transfers to
another agency of the United States Government made pursuant to
sections 632(a) and 632(b) of the Foreign Assistance Act of 1961 with
funds provided in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of Public Law
115-31) as of the date of enactment of this Act: Provided, That such
reports shall include a list of each transfer made pursuant to such
sections with the respective funding level, appropriation account, and
the receiving agency.
prohibition on certain operational expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded by this Act
in contravention of section 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this
Act for the operating expenses of any United States Government
department or agency may be used to establish or maintain a computer
network for use by such department or agency unless such network has
filters designed to block access to sexually explicit Web sites:
Provided, That nothing in this subsection shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency, or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such Web sites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act should be available to promote the sale or export
of tobacco or tobacco products, or to seek the reduction or removal by
any foreign country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the headings ``Development Credit
Authority'' and ``Assistance for Europe, Eurasia and Central Asia''
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the availability of funds pursuant to the previous proviso shall not be
applicable to such funds until the Secretary of State submits the
report required under section 7011 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2016 (division K
of Public Law 114-113): Provided further, That notwithstanding any
other provision of this Act, any funds made available for the purposes
of chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or economic
policy reform objectives, shall remain available for an additional 4
years from the date on which the availability of such funds would
otherwise have expired, if such funds are initially allocated or
obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That the
Secretary of State shall provide a report to the Committees on
Appropriations not later than October 30, 2018, detailing by account
and source year, the use of this authority during the previous fiscal
year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency
for International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal
year 2018 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2019 and for prior
fiscal years and allocated for the central government of such country
or for the West Bank and Gaza program, as applicable, if, not later
than September 30, 2019, such taxes have not been reimbursed:
Provided, That the Secretary of State shall report to the Committees on
Appropriations by such date on the foreign governments and entities
that have not reimbursed such taxes, including any amount of funds
withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically
responsible manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not apply
to any foreign government or entity that assesses such taxes if the
Secretary of State reports to the Committees on Appropriations
that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of such
taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) Consultation.--The Secretary of State shall consult with
the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement
the prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the Government of
the United States and the government of the country receiving
assistance that describes the privileges and immunities applicable
to United States foreign assistance for such country generally, or
an individual agreement between the Government of the United States
and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation'' shall
include value added taxes and customs duties but shall not include
individual income taxes assessed to local staff.
(h) Report.--Not later than 90 days after enactment of this Act,
the Secretary of State, in consultation with the heads of other
relevant agencies of the United States Government, shall submit a
report to the Committees on Appropriations on the requirements
contained under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that
are specifically designated for particular programs or activities by
this or any other Act may be extended for an additional fiscal year if
the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I and II of
this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs to the departments and
agencies funded by this Act that remain available for obligation in
fiscal year 2018, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or of currency reflows
or other offsetting collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be available for
obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under titles I
and II of this Act that remain available for obligation in fiscal year
2018, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the department
and agency funded under title I of this Act, shall be available for
obligation or expenditure for activities, programs, or projects through
a reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
and ``Peace Corps'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
activity, program, or project for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority: Provided further, That if subsequent to the notification of
assistance it becomes necessary to rely on notwithstanding authority,
the Committees on Appropriations should be informed at the earliest
opportunity and to the extent practicable.
(d) Department of Defense Programs and Funding Notifications.--
(1) Programs.--None of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available to
support or continue any program initially funded under any
authority of title 10, United States Code, or any Act making or
authorizing appropriations for the Department of Defense, unless
the Secretary of State, in consultation with the Secretary of
Defense and in accordance with the regular notification procedures
of the Committees on Appropriations, submits a justification to
such Committees that includes a description of, and the estimated
costs associated with, the support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law, with
the exception of funds transferred to, and merged with, funds
appropriated under title I of this Act, funds transferred by the
Department of Defense to the Department of State and the United
States Agency for International Development for assistance for
foreign countries and international organizations shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to
the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context
of the circumstances necessitating such waiver: Provided further, That
any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Bolivia, Burma,
Cambodia, Colombia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia,
Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico,
Pakistan, Philippines, the Russian Federation, Somalia, South Sudan,
Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe
except as provided through the regular notification procedures of the
Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution as defined by section 7034(r)(3) of this Act shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided, That such notification shall include the
information specified under this section in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(h) Other Program Notification Requirement.--
(1) Diplomatic and consular programs.--Funds appropriated under
title I of this Act under the heading ``Diplomatic and Consular
Programs'' that are made available for a pilot program for lateral
entry into the Foreign Service shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that are
made available for the following programs and activities shall be
subject to the regular notification procedures of the Committees on
Appropriations--
(A) The Global Engagement Center, except that the Secretary
of State shall consult with the appropriate congressional
committees prior to submitting such notification;
(B) The Power Africa initiative, or any successor program;
(C) Community-based police assistance conducted pursuant to
the authority of section 7049 of this Act;
(D) Programs to counter foreign fighters and extremist
organizations, pursuant to section 7073(a) of this Act;
(E) The Relief and Recovery Fund;
(F) The Global Security Contingency Fund; and
(G) Programs to end modern slavery.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Requirement to Inform, Coordinate, and Consult.--
(1) The Secretary of State shall promptly inform the
appropriate congressional committees of each instance in which
funds appropriated by this Act for assistance for Iraq, Libya,
Somalia, and Syria, the Counterterrorism Partnership Fund, the
Relief and Recovery Fund, and to counter extremism and foreign
fighters abroad, have been diverted or destroyed, to include the
type and amount of assistance, a description of the incident and
parties involved, and an explanation of the response of the
Department of State or USAID, as appropriate: Provided, That the
Secretary shall ensure such funds are coordinated with, and
complement, the programs of other United States Government
departments and agencies and international partners in such
countries and on such activities.
(2) The Secretary of State shall consult with the Committees on
Appropriations at least seven days prior to informing a government
of, or publically announcing a decision on, the suspension of
assistance to a country or a territory from funds appropriated by
this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further,
That such Committees shall also be informed of the original acquisition
cost of such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under titles I and III
through V of this Act, which are returned or not made available for
organizations and programs because of the implementation of section
307(a) of the Foreign Assistance Act of 1961, shall remain available
for obligation until September 30, 2019: Provided, That the
requirement to withhold funds for programs in Burma under section
307(a) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available in the amounts specifically designated in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That such designated amounts for foreign countries and international
organizations shall serve as the amounts for such countries and
international organizations transmitted to Congress in the report
required by section 653(a) of the Foreign Assistance Act of 1961.
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, may only deviate
up to 4 percent from the amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That such percentage may be exceeded only to respond
to significant, exigent, or unforeseen events, or to address other
exceptional circumstances directly related to the national interest:
Provided further, That deviations pursuant to the previous proviso
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, no deviations authorized
by subsection (b) may take place until submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables included in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act); and
(B) funds for which the initial period of availability has
expired.
(2) The authority in subsection (b) to deviate below amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act) shall not apply to the table included
under the heading ``Global Health Programs'' in such explanatory
statement.
(e) Reports.--The Secretary of State and the USAID Administrator,
as appropriate, shall submit the reports required, in the manner
described, in House Report 115-253, Senate Report 115-152, and the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), unless directed otherwise in such
explanatory statement.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department, agency, or
entity funded in titles I or II of this Act, and the Department of the
Treasury and independent agencies funded in titles III or VI of this
Act, shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official agency
business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' may be obligated or
expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance fees
at sporting events, theatrical and musical productions, and
amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or otherwise
made available by titles III through VI of this Act may be made
available to any foreign government which provides lethal military
equipment to a country the government of which the Secretary of
State has determined supports international terrorism for purposes
of section 6(j) of the Export Administration Act of 1979 as
continued in effect pursuant to the International Emergency
Economic Powers Act: Provided, That the prohibition under this
section with respect to a foreign government shall terminate 12
months after that government ceases to provide such military
equipment: Provided further, That this section applies with
respect to lethal military equipment provided under a contract
entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1) or
any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation of
the assistance to be provided, the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral assistance
in titles III through VI of this Act and funds appropriated under
any such title in prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
shall not be made available to any foreign government which the
President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in the
Federal Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with the
regular notification procedures of the Committees on
Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``Foreign Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country, regional, and
central program level funding within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall
also be considered to include central, country, regional, and program
level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations within
30 days after the enactment of this Act, as required by section
653(a) of the Foreign Assistance Act of 1961 or as modified
pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the Overseas Private Investment Corporation
shall be obligated or expended to finance any loan, any assistance, or
any other financial commitments for establishing or expanding
production of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is expected to
become operative and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Export-Import
Bank if in the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the Committees on
Appropriations: Provided further, That this subsection shall not
prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible for
assistance from the International Bank for Reconstruction and
Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact
on the export of agricultural commodities of the United States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible for
assistance from the International Bank for Reconstruction and
Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive directors of the
international financial institutions, as defined in section 7034(r)(3)
of this Act, to use the voice and vote of the United States to oppose
any assistance by such institutions, using funds appropriated or made
available by this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world markets
and if the assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the government
of a foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under agreements
which result in the generation of local currencies of that country,
the Administrator of the United States Agency for International
Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case may
be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all necessary
steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as the case may
be), any unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of that
country and the United States Government.
(5) Report.--The USAID Administrator shall report as part of
the congressional budget justification submitted to the Committees
on Appropriations on the use of local currencies for the
administrative requirements of the United States Government as
authorized in subsection (a)(2)(B), and such report shall include
the amount of local currency (and United States dollar equivalent)
used or to be used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate
account and not commingle with any other funds.
(2) Applicability of other provisions of law.--Such funds may
be obligated and expended notwithstanding provisions of law which
are inconsistent with the nature of this assistance including
provisions which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House Joint Resolution
648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the President
shall submit a notification through the regular notification
procedures of the Committees on Appropriations, which shall include
a detailed description of how the funds proposed to be made
available will be used, with a discussion of the United States
interests that will be served by such assistance (including, as
appropriate, a description of the economic policy reforms that will
be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2018, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to the government of a country that violates internationally
recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to
the United States Agency for International Development may only be made
available for limited competitions through local entities if--
(1) prior to the determination to limit competition to local
entities, USAID has--
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included in such
competition; and
(B) documented the written results of the assessment and
decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined to be
responsible in accordance with USAID guidelines; and
(B) effective monitoring and evaluation systems are in
place to ensure that award funding is used for its intended
purposes; and
(3) no level of acceptable fraud is assumed.
(b) Report.--In addition to the requirements of subsection (a)(1),
the USAID Administrator shall report to the appropriate congressional
committees not later than 45 days after the end of fiscal year 2018 on
all awards subject to limited or no competition for local entities:
Provided, That such report shall be posted on the USAID Web site:
Provided further, That the requirements of this subsection shall only
apply to awards in excess of $3,000,000 and sole source awards to local
entities in excess of $2,000,000.
(c) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2018.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to seek to require that such
institution adopts and implements a publicly available policy,
including the strategic use of peer reviews and external experts, to
conduct independent, in-depth evaluations of the effectiveness of at
least 25 percent of all loans, grants, programs, and significant
analytical non-lending activities in advancing the institution's goals
of reducing poverty and promoting equitable economic growth, consistent
with relevant safeguards, to ensure that decisions to support such
loans, grants, programs, and activities are based on accurate data and
objective analysis: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken in fiscal year 2017 by the
United States executive directors and the international financial
institutions consistent with this subsection compared to the previous
fiscal year.
(b) Safeguards.--
(1) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development and the International Development
Association to vote against any loan, grant, policy, or strategy if
such institution has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant, policy, or
strategy that provides less protection than World Bank safeguards
in effect on September 30, 2015.
(2) The Secretary of the Treasury should instruct the United
States executive director of each international financial
institution to vote against loans or other financing for projects
unless such projects--
(A) provide for accountability and transparency, including
the collection, verification and publication of beneficial
ownership information related to extractive industries and on-
site monitoring during the life of the project;
(B) will be developed and carried out in accordance with
best practices regarding environmental conservation; cultural
protection; and empowerment of local populations, including
free, prior and informed consent of affected indigenous
communities;
(C) do not provide incentives for, or facilitate, forced
displacement; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to seek to require that such institution conducts rigorous
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution: Provided, That prior to voting on any such loan, grant,
policy, or strategy the executive director shall consult with the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, if the executive director has reason to believe that such
loan, grant, policy, or strategy could result in forced displacement or
other violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to promote in loan, grant, and other financing
agreements improvements in borrowing countries' financial management
and judicial capacity to investigate, prosecute, and punish fraud and
corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to seek to require that such
institution collects, verifies, and publishes, to the maximum extent
practicable, beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company, other
than a publicly listed company, that receives funds from any such
financial institution: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken in fiscal year 2017 by the
United States executive directors and the international financial
institutions consistent with this subsection compared to the previous
fiscal year.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to seek to require that each such institution is
effectively implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers from
retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven retaliation.
debt-for-development
Sec. 7030. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be made
available for direct government-to-government assistance only if--
(A)(i) each implementing agency or ministry to receive
assistance has been assessed and is considered to have the
systems required to manage such assistance and any identified
vulnerabilities or weaknesses of such agency or ministry have
been addressed;
(ii) the recipient agency or ministry employs and utilizes
staff with the necessary technical, financial, and management
capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are in
place to ensure that such assistance is used for its intended
purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is taking
steps to publicly disclose on an annual basis its national
budget, to include income and expenditures;
(B) the recipient government is in compliance with the
principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed or
controlled by an organization designated as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189);
(D) the Government of the United States and the government
of the recipient country have agreed, in writing, on clear and
achievable objectives for the use of such assistance, which
should be made available on a cost-reimbursable basis; and
(E) the recipient government is taking steps to protect the
rights of civil society, including freedoms of expression,
association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available for
direct government-to-government assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall contain an
explanation of how the proposed activity meets the requirements of
paragraph (1): Provided further, That the requirements of this
paragraph shall only apply to direct government-to-government
assistance in excess of $10,000,000 and all funds available for
cash transfer, budget support, and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the United
States Agency for International Development or the Secretary of
State, as appropriate, shall suspend any direct government-to-
government assistance if the Administrator or the Secretary has
credible information of material misuse of such assistance, unless
the Administrator or the Secretary reports to the Committees on
Appropriations that it is in the national interest of the United
States to continue such assistance, including a justification, or
that such misuse has been appropriately addressed.
(4) Submission of information.--The Secretary of State shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2019 congressional budget justification materials,
amounts planned for assistance described in paragraph (1) by
country, proposed funding amount, source of funds, and type of
assistance.
(5) Report.--Not later than 90 days after the enactment of this
Act and every 6 months thereafter until September 30, 2019, the
USAID Administrator shall submit to the Committees on
Appropriations a report that--
(A) details all assistance described in paragraph (1)
provided during the previous 6-month period by country, funding
amount, source of funds, and type of such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) Debt service payment prohibition.--None of the funds made
available by this Act may be used by the government of any foreign
country for debt service payments owed by any country to any
international financial institution: Provided, That for purposes
of this paragraph, the term ``international financial institution''
has the meaning given the term in section 7034(r)(3) of this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The Secretary
of State shall continue to update and strengthen the ``minimum
requirements of fiscal transparency'' for each government receiving
assistance appropriated by this Act, as identified in the report
required by section 7031(b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014 (division
K of Public Law 113-76).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements consistent
with those in subsection (a)(1), and the public disclosure of
national budget documentation (to include receipts and expenditures
by ministry) and government contracts and licenses for natural
resource extraction (to include bidding and concession allocation
practices).
(3) Determination and report.--For each government identified
pursuant to paragraph (1), the Secretary of State, not later than
180 days after enactment of this Act, shall make or update any
determination of ``significant progress'' or ``no significant
progress'' in meeting the minimum requirements of fiscal
transparency, and make such determinations publicly available in an
annual ``Fiscal Transparency Report'' to be posted on the
Department of State Web site: Provided, That the Secretary shall
identify the significant progress made by each such government to
publicly disclose national budget documentation, contracts, and
licenses which are additional to such information disclosed in
previous fiscal years, and include specific recommendations of
short- and long-term steps such government should take to improve
fiscal transparency: Provided further, That the annual report
shall include a detailed description of how funds appropriated by
this Act are being used to improve fiscal transparency, and
identify benchmarks for measuring progress.
(4) Assistance.--Funds appropriated under title III of this Act
shall be made available for programs and activities to assist
governments identified pursuant to paragraph (1) to improve budget
transparency and to support civil society organizations in such
countries that promote budget transparency: Provided, That such
sums shall be in addition to funds otherwise available for such
purposes: Provided further, That a description of the uses of such
funds shall be included in the annual ``Fiscal Transparency
Report'' required by paragraph (3).
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their immediate
family members about whom the Secretary of State has credible
information have been involved in significant corruption,
including corruption related to the extraction of natural
resources, or a gross violation of human rights shall be
ineligible for entry into the United States.
(B) The Secretary shall also publicly or privately
designate or identify officials of foreign governments and
their immediate family members about whom the Secretary has
such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible if entry
into the United States would further important United States law
enforcement objectives or is necessary to permit the United States
to fulfill its obligations under the United Nations Headquarters
Agreement: Provided, That nothing in paragraph (1) shall be
construed to derogate from United States Government obligations
under applicable international agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 6 months after enactment of this
Act, the Secretary of State shall submit a report, including a
classified annex if necessary, to the Committees on Appropriations
and the Committees on the Judiciary describing the information
related to corruption or violation of human rights concerning each
of the individuals found ineligible in the previous 12 months
pursuant to paragraph (1)(A) as well as the individuals who the
Secretary designated or identified pursuant to paragraph (1)(B), or
who would be ineligible but for the application of paragraph (2), a
list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the report
required under paragraph (4) shall be posted on the Department of
State Web site.
(6) Clarification.--For purposes of paragraphs (1)(B), (4), and
(5), the records of the Department of State and of diplomatic and
consular offices of the United States pertaining to the issuance or
refusal of visas or permits to enter the United States shall not be
considered confidential.
(d) Networks of Corruption.--If the Secretary of State has credible
information of networks of corruption involving the participation of,
or support from, a senior official in a country that receives
assistance funded by this Act under titles III or IV, the Secretary
shall update the report on such networks required by section 7031(d) of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31).
(e) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be made
available to promote and support transparency and accountability of
expenditures and revenues related to the extraction of natural
resources, including by strengthening implementation and monitoring
of the Extractive Industries Transparency Initiative, implementing
and enforcing section 8204 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246; 122 Stat. 2052) and the amendments
made by such section, and to prevent the sale of conflict diamonds,
and provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) United states policy.--
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions, and
post on the Department of the Treasury Web site, that it is the
policy of the United States to vote against any assistance by
such institutions (including any loan, credit, grant, or
guarantee) to any country for the extraction and export of a
natural resource if the government of such country has in place
laws, regulations, or procedures to prevent or limit the public
disclosure of company payments as required by United States
law, and unless such government has adopted laws, regulations,
or procedures in the sector in which assistance is being
considered for--
(i) accurately accounting for and public disclosure of
payments to the host government by companies involved in
the extraction and export of natural resources;
(ii) the independent auditing of accounts receiving
such payments and public disclosure of the findings of such
audits; and
(iii) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or disclosure
for the redaction of, or exceptions for, information that
is commercially proprietary or that would create
competitive disadvantage.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of this subparagraph.
(f) Foreign Assistance Web Site.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the Department of State foreign assistance Web
site: Provided, That all Federal agencies funded under this Act shall
provide such information on foreign assistance, upon request, to the
Department of State.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support Fund'',
``Democracy Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $2,308,517,000 shall be made available
for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs pursuant to paragraph (1), the Bureau of Democracy, Human
Rights, and Labor, Department of State, shall administer an amount
not less than the amount administered in fiscal year 2017 under the
headings ``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia''.
(b) Authority.--Funds made available by this Act for democracy
programs may be made available notwithstanding any other provision of
law, and with regard to the National Endowment for Democracy, any
regulation.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states, and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law, as
determined by the Secretary of State or the Administrator of the United
States Agency for International Development, as appropriate.
(e) Restriction on Prior Approval.--With respect to the provision
of assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country: Provided, That the
Secretary of State, in coordination with the USAID Administrator, shall
report to the Committees on Appropriations, not later than 120 days
after enactment of this Act, detailing steps taken by the Department of
State and USAID to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus
building programs abroad with funds appropriated by this Act in a
manner that recognizes the unique benefits of grants and cooperative
agreements in implementing such programs: Provided, That nothing in
this paragraph shall be construed to affect the ability of any entity,
including United States small businesses, from competing for proposals
for USAID-funded civil society and political competition and consensus
building programs.
(g) Country Strategy Reviews.--Prior to the obligation of funds
made available by this Act for Department of State and USAID democracy
programs for a nondemocratic or democratic transitioning country for
which a country strategy has been concluded after the date of enactment
of this Act, as required by section 2111(c)(1) of the ADVANCE Democracy
Act of 2007 (title XXI of Public Law 110-53; 22 U.S.C. 8211) or similar
provision of law or regulation, the Under Secretary for Civilian
Security, Democracy and Human Rights, Department of State, in
consultation with the Assistant Secretary for Democracy, Human Rights,
and Labor, Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID, shall review
such strategy to ensure that it includes--
(1) specific goals and objectives for such program, including a
specific plan and timeline to measure impacts;
(2) an assessment of the risks associated with the conduct of
such program to intended beneficiaries and implementers, including
steps to support and protect such individuals; and
(3) the funding requirements to initiate and sustain such
program in fiscal year 2018 and subsequent fiscal years, as
appropriate:
Provided, That for the purposes of this subsection, the term
``nondemocratic or democratic transitioning country'' shall have the
same meaning as in section 2104(6) of the ADVANCE Democracy Act of
2007.
(h) Communication and Reports.--
(1) Informing the national endowment for democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for Democracy,
Conflict, and Humanitarian Assistance, USAID, shall regularly
inform the National Endowment for Democracy of democracy programs
that are planned and supported by funds made available by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(2) Reports.--
(A) Funding instruments.--Not later than September 30,
2018, the Secretary of State and USAID Administrator shall each
submit to the Committees on Appropriations a report detailing
the use of contracts, grants, and cooperative agreements in the
conduct of democracy programs with funds made available by the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31),
which shall include funding level, account, program sector and
subsector, and a brief summary of purpose.
(B) Program changes.--The Secretary of State or the USAID
Administrator, as appropriate, shall report to the appropriate
congressional committees within 30 days of a decision to
significantly change the objectives or the content of a
democracy program or to close such a program due to the
increasingly repressive nature of the host country government:
Provided, That the report shall also include a strategy for
continuing support for democracy promotion, if such programming
is feasible, and may be submitted in classified form, if
necessary.
(i) Protection of Civil Society Activists and Journalists.--
(1) Plan.--Not later than 120 days after enactment of this Act,
the Secretary of State shall submit to the appropriate
congressional committees a diplomatic and programmatic action plan
to support and protect civil society activists and journalists who
have been threatened, harassed, or attacked for peacefully
exercising their rights of free expression, association, or
assembly: Provided, That the Assistant Secretary for Democracy,
Human Rights, and Labor (DRL), Department of State, shall develop
such action plan in coordination with the relevant bureaus and
offices of the Department of State and USAID.
(2) Funds.--Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'', not less
than $10,000,000 shall be made available for programs and
activities to implement the action plan described in paragraph (1):
Provided, That such funds may only be made available following
consultation with the Committees on Appropriations: Provided
further, That such funds shall be allocated to, and administered
by, DRL and relevant bureaus and offices of the Department of State
and USAID, and are in addition to amounts otherwise made available
for such purposes.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and Special
Envoy to Promote Religious Freedom.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic and Consular Programs'' shall be made
available for the Office of International Religious Freedom, Bureau
of Democracy, Human Rights, and Labor, Department of State, the
Office of the Ambassador-at-Large for International Religious
Freedom, and the Special Envoy to Promote Religious Freedom of
Religious Minorities in the Near East and South Central Asia, as
authorized in the Near East and South Central Asia Religious
Freedom Act of 2014 (Public Law 113-161), including for support
staff at not less than the amounts specified for such offices in
the table under such heading in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(2) Curriculum.--Funds appropriated under the heading
``Diplomatic and Consular Programs'' and designated for the Office
of International Religious Freedom shall be made available for the
development and implementation of an international religious
freedom curriculum in accordance with section 708(a)(2) of the
Foreign Service Act of 1980 (22 U.S.C. 4028(a)(2)).
(b) Assistance.--
(1) International religious freedom programs.--Of the funds
appropriated by this Act under the heading ``Democracy Fund'' and
available for the Human Rights and Democracy Fund, not less than
$10,000,000 shall be made available for international religious
freedom programs: Provided, That the Ambassador-at-Large for
International Religious Freedom shall consult with the Committees
on Appropriations on the uses of such funds.
(2) Protection and investigation programs.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $10,000,000 shall be made available for
programs to protect vulnerable and persecuted religious minorities:
Provided, That a portion of such funds shall be made available for
programs to investigate the persecution of such minorities by
governments and non-state actors and for the public dissemination
of information collected on such persecution, including on the
Department of State Web site.
(3) Humanitarian programs.--Funds appropriated by this Act
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall be made available for
humanitarian assistance for vulnerable and persecuted religious
minorities, including victims of genocide designated by the
Secretary of State and other groups that have suffered crimes
against humanity and ethnic cleansing, to--
(A) facilitate the implementation of an immediate,
coordinated, and sustained response to provide humanitarian
assistance;
(B) enhance protection of conflict victims, including those
facing a dire humanitarian crisis and severe persecution
because of their faith or ethnicity; and
(C) improve access to secure locations for obtaining
humanitarian and resettlement services.
(4) Transitional justice, reconciliation, and reintegration
programs.--Of the funds appropriated by this Act that are made
available for the Relief and Recovery Fund, not less than
$5,000,000 shall be made available to support transitional justice,
reconciliation, and reintegration programs for vulnerable and
persecuted religious minorities, including in the Middle East and
North Africa regions: Provided, That such funds shall be matched,
to the maximum extent practicable, from sources other than the
United States Government.
(5) Responsibility for funds.--Funds made available by
paragraphs (1) and (2) shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials.
(c) International Broadcasting.--Funds appropriated by this Act
under the heading ``Broadcasting Board of Governors, International
Broadcasting Operations'' shall be made available for programs related
to international religious freedom, including reporting on the
condition of vulnerable and persecuted religious groups.
(d) Atrocities Prevention.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $5,000,000 shall
be made available for programs to prevent atrocities, including to
implement recommendations of the Atrocities Prevention Board:
Provided, That the Under Secretary for Civilian Security, Democracy,
and Human Rights, Department of State, shall be responsible for
providing the strategic policy direction for, and policy oversight of,
funds made available pursuant to this subsection to the Bureaus of
International Narcotics and Law Enforcement Affairs and Democracy,
Human Rights, and Labor, Department of State: Provided further, That
such funds shall be subject to the regular notification procedures of
the Committees on Appropriations.
(e) Funding Clarification.--Funds made available pursuant to
subsections (b) and (d) are in addition to amounts otherwise made
available for such purposes.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of
such trafficking, may be made available notwithstanding any other
provision of law.
(b) Law Enforcement and Security.--
(1) Child soldiers.--Funds appropriated by this Act should not
be used to support any military training or operations that include
child soldiers.
(2) Crowd control items.--Funds appropriated by this Act should
not be used for tear gas, small arms, light weapons, ammunition, or
other items for crowd control purposes for foreign security forces
that use excessive force to repress peaceful expression,
association, or assembly in countries undergoing democratic
transition.
(3) Disarmament, demobilization, and reintegration.--Section
7034(d) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law 113-
235) shall continue in effect during fiscal year 2018.
(4) Forensic assistance.--
(A) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $8,000,000 shall be
made available for forensic anthropology assistance related to
the exhumation and identification of victims of war crimes,
crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs for assistance
for countries.
(B) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $6,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(5) International prison conditions.--Section 7065 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235) shall
continue in effect during fiscal year 2018.
(6) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support for
regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(7) Security assistance report.--Not later than 120 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations a report on funds obligated and
expended during fiscal year 2017, by country and purpose of
assistance, under the headings ``Peacekeeping Operations'',
``International Military Education and Training'', and ``Foreign
Military Financing Program''.
(8) Foreign military sales and foreign military financing
program.--
(A) Availability.--Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for the general
costs of administering military assistance and sales shall be
made available to increase the efficiency and effectiveness of
programs authorized by Chapter 2 of the Arms Export Control
Act: Provided, That prior to the obligation of funds for such
purposes, the Secretary of State shall consult with the
Committees on Appropriations.
(B) Quarterly status report.--Following the submission of
the quarterly report required by section 36 of Public Law 90-
629 (22 U.S.C. 2776), the Secretary of State, in coordination
with the Secretary of Defense, shall submit to the Committees
on Appropriations a status report that contains the information
described under the heading ``Foreign Military Financing
Program'' in House Report 115-253.
(9) Vetting report.--
(A) In general.--Not later than 90 days after enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees on foreign assistance
cases submitted for vetting for purposes of section 620M of the
Foreign Assistance Act of 1961 during the preceding fiscal
year, including--
(i) the total number of cases submitted, approved,
suspended, or rejected for human rights reasons; and
(ii) for cases rejected, a description of the steps
taken to assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice, in accordance with section 620M(c) of
the Foreign Assistance Act of 1961.
(B) Form.--The report required by this paragraph shall be
submitted in unclassified form, but may be accompanied by a
classified annex.
(10) Annual foreign military training report.--For the purposes
of implementing section 656 of the Foreign Assistance Act of 1961,
the term ``military training provided to foreign military personnel
by the Department of Defense and the Department of State'' shall be
deemed to include all military training provided by foreign
governments with funds appropriated to the Department of Defense or
the Department of State, except for training provided by the
government of a country designated by section 517(b) of such Act as
a major non-NATO ally.
(11) Assistance to eliminate torture.--Funds appropriated under
titles III and IV of this Act shall be made available,
notwithstanding section 660 of the Foreign Assistance Act of 1961
and following consultation with the Committees on Appropriations,
for assistance to eliminate torture by foreign police, military or
other security forces in countries receiving assistance from funds
appropriated by this Act.
(12) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act, funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' shall
be made available for combat casualty training and equipment.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of lethal
assistance funded by this Act with funds appropriated under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of this
paragraph shall apply to a country in conflict, unless the
Secretary determines that such country has in place, to the
maximum extent practicable, functioning combat casualty care
treatment and equipment that meets or exceeds the standards
recommended by the Committee on Tactical Combat Casualty Care:
Provided further, That any such training and equipment for
combat casualty care shall be made available through an open
and transparent process.
(c) World Food Programme.--
(1) Contribution.--Funds managed by the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for
International Development, from this or any other Act, may be made
available as a general contribution to the World Food Programme,
notwithstanding any other provision of law.
(2) Program to leverage additional contributions.--Funds
appropriated by this Act shall be made available to leverage
additional contributions for the World Food Programme from sources
other than the United States Government: Provided, That the
Secretary of State shall consult with the Committees on
Appropriations on implementation of this paragraph.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent States
of the Former Soviet Union as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C. 4501 et
seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' may be made available as contributions to establish
and maintain memorial sites of genocide, subject to the regular
notification procedures of the Committees on Appropriations.
(3) Additional authorities.--Of the amounts made available by
title I of this Act under the heading ``Diplomatic and Consular
Programs'', up to $500,000 may be made available for grants
pursuant to section 504 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d), including to facilitate
collaboration with indigenous communities, and up to $1,000,000 may
be made available for grants to carry out the activities of the
Cultural Antiquities Task Force.
(4) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may not
exceed $100,000: Provided further, That no more than 10 such
awards may be made during fiscal year 2018: Provided further, That
for purposes of this paragraph the term ``innovation incentive
award'' means the provision of funding on a competitive basis
that--
(A) encourages and rewards the development of solutions for
a particular, well-defined problem related to the alleviation
of poverty; or
(B) helps identify and promote a broad range of ideas and
practices facilitating further development of an idea or
practice by third parties.
(5) Exchange visitor program.--None of the funds made available
by this Act may be used to modify the Exchange Visitor Program
administered by the Department of State to implement the Mutual
Educational and Cultural Exchange Act of 1961, as amended, (Public
Law 87-256; 22 U.S.C. 2451 et seq.), except through the formal
rulemaking process pursuant to the Administrative Procedures Act
and notwithstanding the exceptions to such rulemaking process in
such Act: Provided, That funds made available for such purpose
shall only be made available after consultation with, and subject
to the regular notification procedures of, the Committees on
Appropriations, regarding how any proposed modification would
affect the public diplomacy goals of, and the estimated economic
impact on, the United States.
(6) Report.--The report required by section 502(d) of the
Intelligence Authorization Act for Fiscal Year 2017 (division N of
Public Law 115-31; 22 U.S.C. 254a note) shall be provided to the
Committees on Appropriations.
(e) Partner Vetting.--The Secretary of State and USAID
Administrator may initiate a partner vetting program to mitigate the
risk of diversion of foreign assistance, or make significant
modifications to any existing partner vetting program, only following
consultation with the Committees on Appropriations: Provided, That the
Secretary and Administrator should provide a direct vetting option for
prime awardees in any partner vetting program initiated after the date
of the enactment of this Act.
(f) Contingencies.--During fiscal year 2018, the President may use
up to $125,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(g) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking
appropriate steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(h) Cultural Preservation Project Determination.--None of the funds
appropriated in titles I and III of this Act may be used for the
preservation of religious sites unless the Secretary of State or the
USAID Administrator, as appropriate, determines and reports to the
Committees on Appropriations that such sites are historically,
artistically, or culturally significant, that the purpose of the
project is neither to advance nor to inhibit the free exercise of
religion, and that the project is in the national interest of the
United States.
(i) Transfer of Funds for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the heading
``Protection of Foreign Missions and Officials'' unobligated balances
of expired funds appropriated under the heading ``Diplomatic and
Consular Programs'' for fiscal year 2018, except for funds designated
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, at no later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(j) Authority to Counter Extremism.--Funds made available by this
Act under the heading ``Economic Support Fund'' to counter extremism
may be made available notwithstanding any other provision of law
restricting assistance to foreign countries, except sections 502B and
620A of the Foreign Assistance Act of 1961: Provided, That the use of
the authority of this subsection shall be subject to prior consultation
with the appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(k) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--Section 7034(k) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue in effect during
fiscal year 2018.
(l) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting
``September 30, 2018'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained in
section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September 30,
2018.
(3) USAID civil service annuitant waiver.--Section 625(j)(1) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be
applied by substituting ``September 30, 2018'' for ``October 1,
2010'' in subparagraph (B).
(4) Overseas pay comparability and limitation.--
(A) Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the Supplemental
Appropriations Act, 2009 (Public Law 111-32) shall remain in
effect through September 30, 2018.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009 (Public Law 111-32)) a locality-based comparability
payment (stated as a percentage) that exceeds two-thirds of the
amount of the locality-based comparability payment (stated as a
percentage) that would be payable to such member under section
5304 of title 5, United States Code, if such member's official
duty station were in the District of Columbia.
(5) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2017'' and
inserting ``2017, and 2018''; and
(ii) in subsection (e), by striking ``2017'' each place
it appears and inserting ``2018''; and
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2017'' and inserting ``2018''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations Act,
2010 (Public Law 111-212) shall remain in effect through September
30, 2018.
(7) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
is amended by striking ``2018'' and inserting ``2019''.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and
2018'' and inserting ``2018, and 2019''.
(8) Accountability review boards.--The authority provided by
section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall be in effect
for facilities in Afghanistan through September 30, 2018, except
that the notification and reporting requirements contained in such
section shall include the Committees on Appropriations.
(m) Monitoring and Evaluation.--Funds appropriated by this Act that
are available for monitoring and evaluation of assistance under the
headings ``Development Assistance'', ``International Disaster
Assistance'' and ``Migration and Refugee Assistance'' shall, as
appropriate, be made available for the regular collection of feedback
obtained directly from beneficiaries on the quality and relevance of
such assistance: Provided, That the Department of State and USAID
shall, as appropriate, require implementing partners that receive funds
under such headings to establish procedures for regularly collecting
and responding to such feedback, inform the Department of State and
USAID of such procedures, and report to the Department of State and
USAID on actions taken in response to the feedback received: Provided
further, That the Department of State and USAID shall conduct regular
oversight to ensure that such feedback is collected and used by
implementing partners to maximize the cost-effectiveness and utility of
such assistance.
(n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria, and
tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriation Act,
2005 (Public Law 108-447) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds deposited
for such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall
include in the congressional budget justification an accounting of
budgetary resources, disbursements, balances, and reimbursements
related to such fund.
(o) Loans and Enterprise Funds.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs
may be made available for the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of loan guarantees for Egypt,
Jordan, Iraq, Tunisia, and Ukraine, which are authorized to be
provided: Provided, That amounts made available under this
paragraph for the costs of such guarantees shall not be considered
assistance for the purposes of provisions of law limiting
assistance to a country.
(2) Enterprise funds.--Funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available to
establish and operate one or more enterprise funds for Egypt,
Jordan, and Tunisia: Provided, That the first, third and fifth
provisos under section 7041(b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012 (division
I of Public Law 112-74) shall apply to funds appropriated by this
Act under the heading ``Economic Support Fund'' for an enterprise
fund or funds to the same extent and in the same manner as such
provision of law applied to funds made available under such section
(except that the clause excluding subsection (d)(3) of section 201
of the SEED Act shall not apply): Provided further, That in
addition to the previous proviso, the authorities in the matter
preceding the first proviso of such section may apply to any such
enterprise fund or funds: Provided further, That the authority of
any such enterprise fund or funds to provide assistance shall cease
to be effective on December 31, 2028.
(3) Designation requirement.--Funds made available pursuant to
paragraph (1) from prior Acts making appropriations for the
Department of State, foreign operations, and related programs that
were previously designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of such Act.
(4) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject to
prior consultation with the appropriate congressional committees,
and subject to the regular notification procedures of the
Committees on Appropriations.
(p) Local Works.--
(1) The ``Small Grants Program'' established pursuant to
section 7080 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of Public Law
113-235) shall hereafter be referred to as ``Local Works''.
(2) Of the funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$47,000,000 shall be made available for Local Works pursuant to
section 7080 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of Public Law
113-235), which may remain available until September 30, 2022.
(3) For the purposes of section 7080 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235), ``eligible entities''
shall be defined as small local, international, and United States-
based nongovernmental organizations, educational institutions, and
other small entities that have received less than a total of
$5,000,000 from USAID over the previous 5 fiscal years: Provided,
That departments or centers of such educational institutions may be
considered individually in determining such eligibility.
(q) Department of State Inspector General Waiver Authority.--The
Inspector General of the Department of State may waive the provisions
of subsections (a) through (d) of section 824 of the Foreign Service
Act of 1980 (22 U.S.C. 4064) on a case-by-case basis for an annuitant
reemployed by the Inspector General on a temporary basis, subject to
the same constraints and in the same manner by which the Secretary of
State may exercise such waiver authority pursuant to subsection (g) of
such section.
(r) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House of
Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the term
``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs'' means funds that remain available for
obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund,
the Asian Development Bank, the Asian Development Fund, the Inter-
American Investment Corporation, the North American Development
Bank, the European Bank for Reconstruction and Development, the
African Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Southern kordofan reference.--Any reference to Southern
Kordofan in this or any other Act making appropriations for the
Department of State, foreign operations, and related programs shall
be deemed to include portions of Western Kordofan that were
previously part of Southern Kordofan prior to the 2013 division of
Southern Kordofan.
(5) USAID.--In this Act, the term ``USAID'' means the United
States Agency for International Development.
(6) Spend plan.--In this Act, the term ``spend plan'' means a
plan for the uses of funds appropriated for a particular entity,
country, program, purpose, or account and which shall include, at a
minimum, a description of--
(A) realistic and sustainable goals, criteria for measuring
progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or planned
programs; and
(D) implementing partners, to the maximum extent
practicable.
(7) Clarification.--In this Act, the terms ``Assistant
Secretary'' and ``Under Secretary'' shall include individuals
appointed by the President and confirmed by the Senate to serve in
such designated positions, as well as individuals serving in acting
capacities or performing functions pursuant to alter ego
delegations with such designated ``Assistant Secretary'' and
``Under Secretary'' positions.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel, is
an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably reinstated
in 1997, should be immediately and publicly terminated, and the
Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue to
vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage Arab
League states to normalize their relations with Israel to bring
about the termination of the Arab League boycott of Israel,
including those to encourage allies and trading partners of the
United States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a new
Palestinian state) is working with other countries in the region to
vigorously pursue efforts to establish a just, lasting, and
comprehensive peace in the Middle East that will enable Israel and
an independent Palestinian state to exist within the context of
full and normal relationships, which should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment
of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and
Jericho or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States and
officials of the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United States
Government business with such authority should continue to take place
in locations other than Jerusalem: Provided further, That as has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in the
Palestinian Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2018, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for assistance
under the West Bank and Gaza Program may be made available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism;
and
(B) any educational institution located in the West Bank or
Gaza that is named after an individual who the Secretary of
State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds made
available by this or prior appropriations Acts, including funds
made available by transfer, may be made available for obligation
for security assistance for the West Bank and Gaza until the
Secretary of State reports to the Committees on Appropriations on
the benchmarks that have been established for security assistance
for the West Bank and Gaza and reports on the extent of Palestinian
compliance with such benchmarks.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-Federal
audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure, among
other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,000,000 may
be used by the Office of Inspector General of the United States
Agency for International Development for audits, investigations,
and other activities in furtherance of the requirements of this
subsection: Provided, That such funds are in addition to funds
otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2018 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
(g) Report.--Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter
2 of title II of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13).
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI of
this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas is
a member, or that results from an agreement with Hamas and over
which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assistance
may be provided to a power-sharing government only if the President
certifies and reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent, has
publicly accepted and is complying with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended.
(3) The President may exercise the authority in section 620K(e)
of the Foreign Assistance Act of 1961, as added by the Palestinian
Anti-Terrorism Act of 2006 (Public Law 109-446) with respect to
this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the certification
and every quarter thereafter on whether such government, including
all of its ministers or such equivalent are continuing to comply
with the principles contained in section 620K(b)(1) (A) and (B) of
the Foreign Assistance Act of 1961, as amended: Provided, That the
report shall also detail the amount, purposes and delivery
mechanisms for any assistance provided pursuant to the
abovementioned certification and a full accounting of any direct
support of such government.
(5) None of the funds appropriated under titles III through VI
of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this Act
that are available for assistance for Egypt may be made available
notwithstanding any other provision of law restricting assistance
for Egypt, except for this subsection and section 620M of the
Foreign Assistance Act of 1961, and may only be made available for
assistance for the Government of Egypt if the Secretary of State
certifies and reports to the Committees on Appropriations that such
government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', up to $112,500,000 may
be made available for assistance for Egypt, of which not less
than $35,000,000 should be made available for higher education
programs including not less than $10,000,000 for scholarships
for Egyptian students with high financial need to attend not-
for-profit institutions of higher education: Provided, That
such funds shall be made available for democracy programs, and
for development programs in the Sinai: Provided further, That
such funds may not be made available for cash transfer
assistance or budget support unless the Secretary of State
certifies and reports to the appropriate congressional
committees that the Government of Egypt is taking consistent
and effective steps to stabilize the economy and implement
market-based economic reforms.
(B) Withholding.--The Secretary of State shall withhold
from obligation funds appropriated by this Act under the
heading ``Economic Support Fund'' for assistance for Egypt, an
amount of such funds that the Secretary determines to be
equivalent to that expended by the United States Government for
bail, and by nongovernmental organizations for legal and court
fees, associated with democracy-related trials in Egypt until
the Secretary certifies and reports to the Committees on
Appropriations that the Government of Egypt has dismissed the
convictions issued by the Cairo Criminal Court on June 4, 2013,
in ``Public Prosecution Case No. 1110 for the Year 2012''.
(C) Limitation.--None of the funds appropriated by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ``Economic Support Fund'' may be made available for a
contribution, voluntary or otherwise, to the ``Civil
Associations and Foundations Support Fund'', or any similar
fund, established pursuant to Law 70 on Associations and Other
Foundations Working in the Field of Civil Work published in the
Official Gazette of Egypt on May 29, 2017.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'', up to
$1,300,000,000, to remain available until September 30, 2019,
may be made available for assistance for Egypt: Provided, That
such funds may be transferred to an interest bearing account in
the Federal Reserve Bank of New York, following consultation
with the Committees on Appropriations: Provided further, That
$300,000,000 of such funds shall be withheld from obligation
until the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Egypt is
taking sustained and effective steps to--
(i) advance democracy and human rights in Egypt,
including to govern democratically and protect religious
minorities and the rights of women, which are in addition
to steps taken during the previous calendar year for such
purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly, including
the ability of civil society organizations, human rights
defenders, and the media to function without interference;
(iii) release political prisoners and provide detainees
with due process of law;
(iv) hold Egyptian security forces accountable,
including officers credibly alleged to have violated human
rights;
(v) investigate and prosecute cases of extrajudicial
killings and forced disappearances; and
(vi) provide regular access for United States officials
to monitor such assistance in areas where the assistance is
used:
Provided further, That the certification requirement of this
paragraph shall not apply to funds appropriated by this Act
under such heading for counterterrorism, border security, and
nonproliferation programs for Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the Secretary
determines and reports to the Committees on Appropriations that
to do so is important to the national security interest of the
United States, and submits a report to such Committees
containing a detailed justification for the use of such waiver
and the reasons why any of the requirements of subparagraph (A)
cannot be met, and including an assessment of the compliance of
the Government of Egypt with United Nations Security Council
Resolution 2270 and other such resolutions regarding North
Korea: Provided, That the report required by this paragraph
shall be submitted in unclassified form, but may be accompanied
by a classified annex.
(4) Oversight requirement.--The Secretary of State shall take
all practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by this
subsection for assistance for Egypt.
(5) Consultation requirement.--Not later than 90 days after
enactment of this Act, the Secretary of State shall consult with
the Committees on Appropriations on any plan to restructure
military assistance for Egypt.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the headings
``Diplomatic and Consular Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be used by the Secretary of State--
(A) to support the United States policy to prevent Iran
from achieving the capability to produce or otherwise obtain a
nuclear weapon;
(B) to support an expeditious response to any violation of
the Joint Comprehensive Plan of Action or United Nations
Security Council Resolution 2231;
(C) to support the implementation and enforcement of
sanctions against Iran for support of terrorism, human rights
abuses, and ballistic missile and weapons proliferation; and
(D) for democracy programs for Iran, to be administered by
the Assistant Secretary for Near Eastern Affairs, Department of
State, in consultation with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State.
(2) Continuation of prohibition.--The terms and conditions of
section 7041(c)(2) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2012 (division I of Public
Law 112-74) shall continue in effect during fiscal year 2018.
(3) Reports.--
(A) Semi-annual report.--The Secretary of State shall
submit to the Committees on Appropriations the semi-annual
report required by section 135 of the Atomic Energy Act of 1954
(42 U.S.C. 2160e(d)(4)), as added by section 2 of the Iran
Nuclear Agreement Review Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a report on the
status of the implementation and enforcement of bilateral
United States and multilateral sanctions against Iran and
actions taken by the United States and the international
community to enforce such sanctions against Iran: Provided,
That the report shall also include any entities involved in
providing significant support for the development of a
ballistic missile by the Government of Iran after October 1,
2015, including shipping and financing, and note whether such
entities are currently under United States sanctions: Provided
further, That such report shall be submitted in an unclassified
form, but may contain a classified annex if necessary.
(c) Iraq.--
(1) Purposes.--Funds appropriated by this Act shall be made
available for assistance for Iraq to promote governance and
security, and for stabilization programs, including in the
Kurdistan Region of Iraq and other areas impacted by the conflict
in Syria, and among religious and ethnic minority populations in
Iraq: Provided, That such assistance shall be provided in
accordance with the Constitution of Iraq: Provided further, That
funds appropriated by this Act under the headings ``International
Disaster Assistance'' and ``Migration and Refugee Assistance''
should be made available for assistance for the Kurdistan Region of
Iraq to address the needs of internally displaced persons and
refugees: Provided further, That the Secretary of State shall
consult with the Committees on Appropriations prior to obligating
funds made available for the Kurdistan Region of Iraq.
(2) Basing rights agreement.--None of the funds appropriated or
otherwise made available by this Act may be used by the Government
of the United States to enter into a permanent basing rights
agreement between the United States and Iraq.
(d) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,525,000,000 shall be made available for
assistance for Jordan, of which: not less than $1,082,400,000 shall be
made available under the heading ``Economic Support Fund'', of which
not less than $745,100,000 shall be made available for budget support
for the Government of Jordan; and not less than $425,000,000 shall be
made available under the heading ``Foreign Military Financing
Program''.
(e) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act may
be made available for the Lebanese Internal Security Forces (ISF)
or the Lebanese Armed Forces (LAF) if the ISF or the LAF is
controlled by a foreign terrorist organization, as designated
pursuant to section 219 of the Immigration and Nationality Act (8
U.S.C. 1189).
(2) Consultation.--Funds appropriated by this Act under the
headings ``International Narcotics Control and Law Enforcement''
and ``Foreign Military Financing Program'' that are available for
assistance for Lebanon may be made available for programs and
equipment for the ISF and the LAF to address security and stability
requirements in areas affected by the conflict in Syria, following
consultation with the appropriate congressional committees.
(3) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are available for
assistance for Lebanon may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(4) Foreign military financing program.--In addition to the
activities described in paragraph (2), funds appropriated by this
Act under the heading ``Foreign Military Financing Program'' for
assistance for Lebanon may be made available only to
professionalize the LAF and to strengthen border security and
combat terrorism, including training and equipping the LAF to
secure Lebanon's borders, interdicting arms shipments, preventing
the use of Lebanon as a safe haven for terrorist groups, and to
implement United Nations Security Council Resolution 1701:
Provided, That funds may not be obligated for assistance for the
LAF until the Secretary of State submits to the Committees on
Appropriations a spend plan, including actions to be taken to
ensure equipment provided to the LAF is only used for the intended
purposes, except such plan may not be considered as meeting the
notification requirements under section 7015 of this Act or under
section 634A of the Foreign Assistance Act of 1961, and shall be
submitted not later than September 1, 2018: Provided further, That
any notification submitted pursuant to such sections shall include
any funds specifically intended for lethal military equipment.
(f) Libya.--
(1) Funding.--Funds appropriated by titles III and IV of this
Act shall be made available for assistance for Libya for programs
to strengthen governing institutions and civil society, improve
border security, and promote stability in Libya, and for activities
to address the humanitarian needs of the people of Libya:
Provided, That section 7015(j) of this Act regarding notification
of assistance diverted or destroyed shall apply to funds made
available for assistance for Libya.
(2) Limitations.--
(A) Cooperation on the september 2012 attack on united
states personnel and facilities.--None of the funds
appropriated by this Act may be made available for assistance
for the central Government of Libya unless the Secretary of
State certifies and reports to the Committees on Appropriations
that such government is cooperating with United States
Government efforts to investigate and bring to justice those
responsible for the attack on United States personnel and
facilities in Benghazi, Libya in September 2012: Provided,
That the limitation in this paragraph shall not apply to funds
made available for the purpose of protecting United States
Government personnel or facilities.
(B) Infrastructure projects.--The limitation on the uses of
funds in section 7041(f)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76) shall apply to funds
appropriated by this Act that are made available for assistance
for Libya.
(3) Certification.--Prior to the initial obligation of funds
made available by this Act for assistance for Libya, the Secretary
of State shall certify and report to the Committees on
Appropriations that all practicable steps have been taken to ensure
that mechanisms are in place for monitoring, oversight, and control
of funds made available by this subsection for assistance for
Libya.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara: Provided, That not later
than 90 days after enactment of this Act and prior to the
obligation of such funds, the Secretary of State, in consultation
with the USAID Administrator, shall consult with the Committees on
Appropriations on the proposed uses of such funds.
(2) Foreign military financing program.--Funds appropriated by
this Act under the heading ``Foreign Military Financing Program''
that are available for assistance for Morocco may only be used for
the purposes requested in the Congressional Budget Justification,
Foreign Operations, Fiscal Year 2017.
(h) Refugee Assistance in North Africa.--Not later than 45 days
after enactment of this Act, the Secretary of State, after consultation
with the United Nations High Commissioner for Refugees and the
Executive Director of the World Food Programme, shall submit a report
to the Committees on Appropriations describing steps taken to
strengthen monitoring of the delivery of humanitarian assistance
provided for refugees in North Africa, including any steps taken to
ensure that all vulnerable refugees are receiving such assistance.
(i) North Africa Strategy.--Not later than 60 days after enactment
of this Act, the Secretary of State, in consultation with the Secretary
of Defense, shall submit to the appropriate congressional committees a
strategy for United States engagement in North Africa, which shall
include detailed information on how diplomatic engagement and
assistance will be prioritized for such region, including to address
economic and security needs.
(j) Relief and Recovery Fund.--
(1) Funds and transfer authority.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Peacekeeping Operations'', and ``Foreign Military
Financing Program'', not less than $500,000,000 shall be made
available for the Relief and Recovery Fund for assistance for areas
liberated from, at risk from, or under the control of, the Islamic
State of Iraq and Syria, other terrorist organizations, or violent
extremist organizations in the Middle East and Africa, including
for stabilization assistance for vulnerable ethnic and religious
minority communities affected by conflict: Provided, That such
funds are in addition to amounts otherwise made available for such
purposes and to amounts specifically designated in this Act or in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) for assistance for
countries: Provided further, That such funds appropriated under
such headings may be transferred to, and merged with, funds
appropriated under such headings: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by this Act or any other Act, and is subject to the
regular notification procedures of the Committees on
Appropriations.
(2) Transitional justice.--Of the funds appropriated by this
Act under the heading ``International Narcotics Control and Law
Enforcement'' that are made available for the Relief and Recovery
Fund, not less than $5,000,000 shall be made available for programs
to promote accountability in Iraq and Syria for genocide, crimes
against humanity, and war crimes, which shall be in addition to any
other funds made available by this Act for such purposes:
Provided, That such programs shall include components to develop
local investigative and judicial skills, and to collect and
preserve evidence and maintain the chain of custody of evidence,
including for use in prosecutions: Provided further, That such
funds shall be administered by the Special Coordinator for the
Office of Global Criminal Justice, Department of State: Provided
further, That funds made available by this paragraph shall only be
made available on an open and competitive basis.
(3) Cost-matching basis.--Funds appropriated pursuant to
paragraph (1) shall be made available to the maximum extent
practicable on a cost-matching basis from sources other than the
United States Government.
(k) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Peacekeeping
Operations'' shall be made available, to the extent practicable and
notwithstanding any other provision of law, for non-lethal
assistance to address the needs of civilians affected by conflict
in Syria, and programs that seek to--
(A) establish local governance in Syria that is
representative, inclusive, and accountable;
(B) empower women through political and economic programs,
and address the psychosocial needs of women and their families
in Syria and neighboring countries;
(C) develop and implement political processes that are
democratic, transparent, and strengthen the rule of law;
(D) further the legitimacy and viability of the Syrian
opposition, including local government structures in Syria and
through cross-border programs;
(E) develop and sustain civil society and independent media
in Syria;
(F) promote stability and economic development in Syria;
(G) document, investigate, and prosecute human rights
violations in Syria, including through transitional justice
programs and support for nongovernmental organizations;
(H) expand the role of women in negotiations to end the
violence and in any political transition in Syria;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher
education requirements at universities and other academic
institutions in the region, and through distance learning;
(J) assist vulnerable populations in Syria and in
neighboring countries;
(K) protect and preserve the cultural identity of the
people of Syria as a counterbalance to extremism, particularly
those living in neighboring countries and among youth;
(L) protect and preserve cultural heritage sites in Syria,
particularly those damaged and destroyed by extremists;
(M) counter extremism in Syria; and
(N) facilitate the return of displaced persons to liberated
areas in Syria.
(2) Demining and unexploded ordnance clearance.--Funds
appropriated by this Act under the heading ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'' for assistance for
Syria shall be made available for demining and unexploded ordnance
clearance programs.
(3) Strategy and syrian organizations.--Funds appropriated by
this Act that are made available for assistance for Syria pursuant
to the authority of this subsection--
(A) may only be made available after the Secretary of
State, in consultation with the heads of relevant United States
Government agencies, submits, in classified form if necessary,
an update to the comprehensive strategy required in section
7041(i)(3) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2014 (division K of Public
Law 113-76); and
(B) shall be made available, on an open and competitive
basis, to continue a program to strengthen the capability of
Syrian civil society organizations to address the immediate and
long-term needs of the Syrian people in Syria in a manner that
supports the sustainability of such organizations in
implementing Syrian-led humanitarian and development programs:
Provided, That funds made available by this paragraph shall be
administered by the Bureau for Democracy, Human Rights, and
Labor, Department of State.
(4) Limitation.--None of the funds appropriated by this Act for
assistance for Syria may be made available for a project or
activity that supports or otherwise legitimizes the Government of
Iran, foreign terrorist organizations (as designated pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189)), or a proxy of Iran in Syria.
(5) Monitoring, oversight, consultation, and notification.--
(A) Prior to the obligation of funds appropriated by this
Act and made available for assistance for Syria, the Secretary
of State shall take all practicable steps to ensure that
mechanisms are in place for monitoring, oversight, and control
of such assistance inside Syria.
(B) Section 7015(j) of this Act regarding the notification
of assistance diverted or destroyed shall apply to funds made
available for assistance for Syria.
(C) Funds made available pursuant to this subsection may
only be made available following consultation with the
appropriate congressional committees, and shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(l) Tunisia.--Of the funds appropriated under titles III and IV of
this Act, not less than $165,400,000 shall be made available for
assistance for Tunisia.
(m) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation of
funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on Appropriations
that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available for
assistance for the Palestinian Authority, if after the date of
enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations
or any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(II) the Palestinians initiate an International
Criminal Court (ICC) judicially authorized investigation,
or actively support such an investigation, that subjects
Israeli nationals to an investigation for alleged crimes
against Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the application
of subclause (I) of such clause if the Secretary certifies to
the Committees on Appropriations that to do so is in the
national security interest of the United States, and submits a
report to such Committees detailing how the waiver and the
continuation of assistance would assist in furthering Middle
East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and
the appropriate congressional committees that the Palestinians
have not, after the date of enactment of this Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated
between Israel and the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for alleged crimes
against Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under the
preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(3) Reduction.--The Secretary of State shall reduce the amount
of assistance made available by this Act under the heading
``Economic Support Fund'' for the Palestinian Authority by an
amount the Secretary determines is equivalent to the amount
expended by the Palestinian Authority, the Palestine Liberation
Organization, and any successor or affiliated organizations with
such entities as payments for acts of terrorism by individuals who
are imprisoned after being fairly tried and convicted for acts of
terrorism and by individuals who died committing acts of terrorism
during the previous calendar year: Provided, That the Secretary
shall report to the Committees on Appropriations on the amount
reduced for fiscal year 2018 prior to the obligation of funds for
the Palestinian Authority.
(4) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law 110-
252) shall apply to funds made available by this Act, including a
description of modifications, if any, to the security strategy of
the Palestinian Authority.
(5) Incitement report.--Not later than 90 days after enactment
of this Act, the Secretary of State shall submit a report to the
appropriate congressional committees detailing steps taken by the
Palestinian Authority to counter incitement of violence against
Israelis and to promote peace and coexistence with Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only
for Expanded International Military Education and Training and
professional military education until the Secretary of State determines
and reports to the Committees on Appropriations that such government is
not facilitating or otherwise participating in destabilizing activities
in a neighboring country, including aiding and abetting armed groups.
(b) Boko Haram.--Funds appropriated by this Act that are made
available for assistance for Cameroon, Chad, Niger, and Nigeria--
(1) shall be made available for assistance for women and girls
who are targeted by the terrorist organization Boko Haram,
consistent with the provisions of section 7059 of this Act, and for
individuals displaced by Boko Haram violence; and
(2) may be made available for counterterrorism programs to
combat Boko Haram.
(c) Central African Republic.--Funds made available by this Act for
assistance for the Central African Republic shall be made available for
reconciliation and peacebuilding programs, including activities to
promote inter-faith dialogue at the national and local levels, and for
programs to prevent crimes against humanity.
(d) Ethiopia.--
(1) Forced evictions.--
(A) Funds appropriated by this Act for assistance for
Ethiopia may not be made available for any activity that
supports forced evictions.
(B) The Secretary of the Treasury should instruct the
United States executive director of each international
financial institution to use the voice and vote of the United
States to support projects in Ethiopia only if such projects
are developed and carried out in accordance with the
requirements of section 7029(b)(2) of this Act.
(2) Consultation.--Programs and activities to improve
livelihoods shall include prior consultation with, and the
participation of, affected communities, including in the South Omo
and Gambella regions.
(3) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations the report under this subsection in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
(e) Lake Chad Basin Countries.--Funds appropriated by this Act that
are made available for assistance for Cameroon, Chad, Niger, and
Nigeria should be made available, following consultation with the
Committees on Appropriations, for--
(1) democracy programs, including to protect freedom of
expression, association, assembly, and religion, including support
for independent journalists, civil society, and democratic
political parties;
(2) assistance for governments of such countries to strengthen
accountability and the rule of law, including within the security
forces; and
(3) health and development programs.
(f) Lord's Resistance Army.--Funds appropriated by this Act shall
be made available for programs and activities in areas affected by the
Lord's Resistance Army (LRA) consistent with the goals of the Lord's
Resistance Army Disarmament and Northern Uganda Recovery Act of 2009
(Public Law 111-172), including to improve physical access,
telecommunications infrastructure, and early-warning mechanisms and to
support the disarmament, demobilization, and reintegration of former
LRA combatants, especially child soldiers.
(g) Malawi.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $56,000,000 shall be
made available for assistance for Malawi, of which up to $10,000,000
shall be made available for higher education programs.
(h) South Sudan.--
(1) Strategy update.--Not later than 60 days after enactment of
this Act, the Secretary of State, in consultation with the USAID
Administrator, shall submit an update to the strategy required in
section 7042(i) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of Public Law
115-31).
(2) Certification.--None of the funds appropriated by this Act
that are available for assistance for the central Government of
South Sudan may be made available until the Secretary of State
certifies and reports to the Committees on Appropriations that such
government is taking effective steps to--
(A) end hostilities and pursue good faith negotiations for
a political settlement of the conflict;
(B) provide access for humanitarian organizations;
(C) end the recruitment and use of child soldiers;
(D) protect freedoms of expression, association, and
assembly;
(E) reduce corruption related to the extraction and sale of
oil and gas;
(F) establish democratic institutions;
(G) establish accountable military and police forces under
civilian authority; and
(H) investigate and prosecute individuals credibly alleged
to have committed gross violations of human rights, including
at the Terrain compound in Juba, South Sudan on July 11, 2016.
(3) Exclusions.--The limitation of paragraph (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance to support South Sudan peace negotiations or
to advance or implement a peace agreement; and
(C) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement and mutual
arrangements related to such Agreement.
(4) Consultation.--Prior to the initial obligation of funds
made available for the central Government of South Sudan pursuant
to paragraphs (3)(B) and (C), the Secretary of State shall consult
with the Committees on Appropriations on the intended uses of such
funds, steps taken by such government to advance or implement a
peace agreement, and progress made by the Government of South Sudan
in meeting the requirements in paragraph (2).
(i) Sudan.--
(1) Limitations.--
(A) Assistance.--Notwithstanding any other provision of
law, none of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(B) Loans.--None of the funds appropriated by this Act may
be made available for the cost, as defined in section 502 of
the Congressional Budget Act of 1974, of modifying loans and
loan guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(2) Exclusions.--The limitations of paragraph (1) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and
populations in Sudan, and Abyei; and
(D) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement, mutual
arrangements related to post-referendum issues associated with
such Agreement, or any other internationally recognized viable
peace agreement in Sudan.
(j) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall instruct
the United States executive director of each international
financial institution to vote against any extension by the
respective institution of any loan or grant to the Government of
Zimbabwe, except to meet basic human needs or to promote democracy,
unless the Secretary of State certifies and reports to the
Committees on Appropriations that the rule of law has been
restored, including respect for ownership and title to property,
and freedoms of expression, association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central Government
of Zimbabwe, except for health and education, unless the Secretary
of State certifies and reports as required in paragraph (1), and
funds may be made available for macroeconomic growth assistance if
the Secretary reports to the Committees on Appropriations that such
government is implementing transparent fiscal policies, including
public disclosure of revenues from the extraction of natural
resources.
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for
Burma may be made available notwithstanding any other provision
of law, except for this subsection, and following consultation
with the appropriate congressional committees.
(B) Uses.--Funds appropriated under title III of this Act
for assistance for Burma--
(i) shall be made available to strengthen civil society
organizations in Burma and for programs to strengthen
independent media;
(ii) shall be made available for community-based
organizations operating in Thailand to provide food,
medical, and other humanitarian assistance to internally
displaced persons in eastern Burma, in addition to
assistance for Burmese refugees from funds appropriated by
this Act under the heading ``Migration and Refugee
Assistance'';
(iii) shall be made available for programs to promote
ethnic and religious tolerance and to combat gender-based
violence, including in Rakhine, Shan, Kachin, and Karen
states;
(iv) shall be made available to promote rural economic
development in Burma, including through microfinance
programs;
(v) shall be made available to increase opportunities
for foreign direct investment by strengthening the rule of
law, transparency, and accountability;
(vi) shall be made available for programs to
investigate and document allegations of ethnic cleansing
and other gross violations of human rights committed
against the Rohingya people in Rakhine state at not less
than the amount specified for such programs in the table
under this subsection in the explanatory statement
described in section 4 (in the matter preceding division A
of this consolidated Act): Provided, That such funds shall
be made available for civil society organizations in
Bangladesh and Burma for such purposes: Provided further,
That prior to the obligation of such funds, the Assistant
Secretary for Democracy, Human Rights, and Labor,
Department of State, shall ensure the establishment of a
standard documentation format and documentation procedures
for use by such organizations, and shall identify an
appropriate repository for such information: Provided
further, That such sums shall be in addition to funds
otherwise made available for such purposes;
(vii) shall be made available for programs to
investigate and document allegations of gross violations of
human rights committed in Burma, particularly in areas of
conflict: Provided, That such funds shall be made
available for civil society and international
organizations, including those in countries bordering
Burma, at not less than the amount specified for such
programs in the table under this subsection in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(viii) shall be made available to support the
implementation of the August 2017 Final Report of the
Advisory Commission on Rakhine State entitled ``Towards a
Peaceful, Fair and Prosperous Future for the People of
Rakhine'';
(ix) may not be made available to any individual or
organization if the Secretary of State has credible
information that such individual or organization has
committed a gross violation of human rights, including
against Rohingya and other minority groups, or that
advocates violence against ethnic or religious groups or
individuals in Burma;
(x) may not be made available to any organization or
entity controlled by the armed forces of Burma;
(xi) may be made available for ethnic groups and civil
society in Burma to help sustain ceasefire agreements and
further prospects for reconciliation and peace, which may
include support to representatives of ethnic armed groups
for this purpose; and
(xii) may only be made available for programs to
support the return of Rohingya, Karen, and other refugees
and internally displaced persons to their locations of
origin or preference in Burma if such returns are voluntary
and consistent with international law.
(C) Regional programs.--Funds appropriated under title III
of this Act shall be made available for regional programs to
address violent extremism, which shall be administered by the
Mission Director of the Regional Development Mission for Asia,
USAID.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military Financing
Program'' may be made available for assistance for Burma:
Provided, That the Department of State may continue consultations
with the armed forces of Burma only on human rights and disaster
response in a manner consistent with the prior fiscal year, and
following consultation with the appropriate congressional
committees.
(3) Multilateral assistance.--The Secretary of the Treasury
should instruct the United States executive director of each
international financial institution to use the voice and vote of
the United States to support projects in Burma only if such
projects are developed and carried out in accordance with the
requirements of section 7029(b)(2) of this Act.
(4) Certification and waiver.--
(A) Notwithstanding any provision of this subsection, of
the funds appropriated by this Act under the heading ``Economic
Support Fund'' that are made available for assistance for
Burma, 15 percent may not be obligated until the Secretary of
State certifies and reports to the Committees on Appropriations
that the Government of Burma--
(i) has terminated military cooperation with North
Korea;
(ii) is respecting human rights and the rule of law,
including the arrest and prosecution of journalists and two
Kachin pastors in December 2016;
(iii) is revising, updating, or repealing colonial-era
and other oppressive laws that are used in such
prosecutions, including the Unlawful Associations Act; and
(iv) is credibly investigating the murder of U Ko Ni,
and is taking steps to protect and defend the security and
safety of other activists.
(B) The Secretary of State may waive the requirements of
this paragraph if the Secretary determines and reports to the
Committees on Appropriations that do so is in the national
interest.
(5) Programs, position, and responsibilities.--
(A) Any new program or activity in Burma initiated in
fiscal year 2018 shall be subject to prior consultation with
the appropriate congressional committees.
(B) Section 7043(b)(7) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2018.
(C) The United States Chief of Mission in Burma, in
consultation with the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State, shall be responsible
for democracy and human rights programs in Burma.
(b) Cambodia.--
(1) Assistance.--
(A) None of the funds appropriated by this Act that are
made available for assistance for the Government of Cambodia
may be obligated or expended unless the Secretary of State
certifies and reports to the Committees on Appropriations that
such Government is taking effective steps to--
(i) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanctions
with respect to North Korea; and
(ii) respect the rights and responsibilities enshrined
in the Constitution of the Kingdom of Cambodia as enacted
in 1993, including through the--
(I) restoration of the civil and political rights
of the opposition Cambodia National Rescue Party,
media, and civil society organizations;
(II) restoration of all elected officials to their
elected offices; and
(III) release of all political prisoners, including
journalists, civil society activists, and members of
the opposition political party.
(B) Funds appropriated under title III of this Act for
assistance for Cambodia shall be made available for--
(i) democracy programs, including research and
education programs associated with the Khmer Rouge in
Cambodia, except that no funds for such purposes may be
made available to the Extraordinary Chambers in the Court
of Cambodia; and
(ii) programs in the Khmer language to counter the
influence of the People's Republic of China in Cambodia.
(2) Visa restriction.--Funds appropriated under title I of this
Act shall be made available to continue to implement the policy
announced by the Department of State on December 6, 2017, to
restrict the issuance of visas to enter the United States to
individuals involved in undermining democracy in Cambodia,
including the family members of such individuals, as appropriate:
Provided, That not later than 30 days after enactment of this Act,
the Secretary of State shall submit a report to the appropriate
congressional committees describing the implementation of such
policy.
(c) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available for
assistance for the central government of a country the Secretary of
State determines and reports to the appropriate congressional
committees engages in significant transactions contributing
materially to the malicious cyber-intrusion capabilities of the
Government of North Korea: Provided, That the Secretary of State
shall submit the report required by section 209 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122;
22 U.S.C. 9229), as amended, to the Committees on Appropriations in
the manner described in subparagraph (2)(A) of such section:
Provided further, That the Secretary of State may waive the
application of the restriction in this paragraph with respect to
assistance for the central government of a country if the Secretary
determines and reports to the appropriate congressional committees
that to do so is important to the national security interest of the
United States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at levels
not less than the prior fiscal year.
(3) Refugees.--Funds appropriated by this Act under the heading
``Migration and Refugee Assistance'' should be made available for
assistance for refugees from North Korea, including protection
activities in the People's Republic of China and other countries in
Asia.
(4) Human rights promotion, database, and limitation on use of
funds.--
(A) Human rights promotion.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``Democracy Fund'', not less than $8,000,000 shall be made
available for the promotion of human rights in North Korea:
Provided, That such funds shall be administered by the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State: Provided further, That the authority of
section 7032(b) of this Act shall apply to such funds.
(B) Database.--Funds appropriated by this Act under title
III shall be made available to maintain a database of prisons
and gulags in North Korea, in accordance with section 7032(i)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law
113-76).
(C) Limitation.--None of the funds made available by this
Act under the heading ``Economic Support Fund'' may be made
available for assistance for the Government of North Korea.
(d) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds appropriated
under the heading ``Diplomatic and Consular Programs'' in this Act
may be obligated or expended for processing licenses for the export
of satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic of
China (PRC) unless, at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action.
(2) People's liberation army.--The terms and requirements of
section 620(h) of the Foreign Assistance Act of 1961 shall apply to
foreign assistance projects or activities of the People's
Liberation Army (PLA) of the PRC, to include such projects or
activities by any entity that is owned or controlled by, or an
affiliate of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act may
be used to finance any grant, contract, or cooperative agreement
with the PLA, or any entity that the Secretary of State has reason
to believe is owned or controlled by, or an affiliate of, the PLA.
(3) Counter influence programs.--Funds appropriated by this Act
for public diplomacy under title I and for assistance under titles
III and IV shall be made available to counter the influence of the
PRC, in accordance with the strategy required by section 7043(e)(3)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law 113-
76), following consultation with the Committees on Appropriations.
(4) Authority and notification requirement.--
(A) Authority.--The uses of funds made available by this
Act for the promotion of democracy in the PRC, except for funds
made available under subsection (f), shall be the
responsibility of the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State.
(B) Notification.--Funds appropriated by this Act that are
made available for trilateral programs conducted with the PRC
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(e) Philippines.--Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' may be made
available for counternarcotics assistance for the Philippine National
Police only if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of the Philippines has
adopted and is implementing a counternarcotics strategy that is
consistent with international human rights standards, including
investigating and prosecuting individuals who are credibly alleged to
have ordered, committed, or covered up extrajudicial killings and other
gross violations of human rights in the conduct of counternarcotics
operations: Provided, That the limitation of this paragraph shall not
apply to funds made available for drug demand reduction or maritime
programs, or to support for the development of such counternarcotics
strategy following consultation with the appropriate congressional
committees.
(f) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to support financing of projects in Tibet if
such projects do not provide incentives for the migration and
settlement of non-Tibetans into Tibet or facilitate the transfer of
ownership of Tibetan land and natural resources to non-Tibetans,
are based on a thorough needs-assessment, foster self-sufficiency
of the Tibetan people and respect Tibetan culture and traditions,
and are subject to effective monitoring.
(2) Programs for tibetan communities.--
(A) Tibet autonomous region.--Notwithstanding any other
provision of law, of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $8,000,000
shall be made available to nongovernmental organizations to
support activities which preserve cultural traditions and
promote sustainable development, education, and environmental
conservation in Tibetan communities in the Tibet Autonomous
Region and in other Tibetan communities in China.
(B) India and nepal.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$6,000,000 shall be made available for programs to promote and
preserve Tibetan culture, development, and the resilience of
Tibetan communities in India and Nepal, and to assist in the
education and development of the next generation of Tibetan
leaders from such communities: Provided, That such funds are
in addition to amounts made available in subparagraph (A) for
programs inside Tibet.
(C) Tibetan governance.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for programs to strengthen
the capacity of Tibetan institutions and governance.
(g) Vietnam.--
(1) Dioxin remediation.--Notwithstanding any other provision of
law, of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be made
available for activities related to the remediation of dioxin
contaminated sites in Vietnam and may be made available for
assistance for the Government of Vietnam, including the military,
for such purposes.
(2) Health and disability programs.--Of the funds appropriated
by this Act under the heading ``Development Assistance'', not less
than $10,000,000 shall be made available for health and disability
programs in areas sprayed with Agent Orange and otherwise
contaminated with dioxin, to assist individuals with severe upper
or lower body mobility impairment or cognitive or developmental
disabilities.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Assistance and conditions.--
(A) Funding and limitations.--Funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' may be
made available for assistance for Afghanistan: Provided, That
such funds may not be obligated for any project or activity
that--
(i) includes the participation of any Afghan individual
or organization, including government entity, if the
Secretary of State has credible information that such
individual, organization, or entity is involved in corrupt
practices, illicit narcotics production or trafficking, or
a violation of human rights;
(ii) cannot be sustained, as appropriate, by the
Government of Afghanistan or another Afghan entity;
(iii) is not regularly accessible for the purposes of
conducting effective oversight in accordance with
applicable Federal statutes and regulations;
(iv) initiates any new, major infrastructure
development; or
(v) is conducted in areas where project and resource
disbursement monitoring cannot be performed, unless the
Secretary of State, in consultation with the Administrator
of the United States Agency for International Development,
certifies to the Committees on Appropriations that to do so
is in the national security interest of the United States,
and submits a report to such Committees describing such
interest, including how such project or activity does not
legitimize the Taliban or other extremist organizations.
(B) Certification and report.--Prior to the initial
obligation of funds made available by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' for assistance for the
central Government of Afghanistan, the Secretary of State shall
certify and report to the Committees on Appropriations, after
consultation with the Government of Afghanistan, that--
(i) goals and benchmarks for the specific uses of such
funds have been established by the Governments of the
United States and Afghanistan;
(ii) conditions are in place that increase the
transparency and accountability of the Government of
Afghanistan for funds obligated under the New Development
Partnership or other incentive-based programs;
(iii) the Government of Afghanistan is implementing
laws and policies to govern democratically and protect the
rights of individuals, civil society, and the media;
(iv) the Government of Afghanistan is taking consistent
steps to protect and advance the rights of women and girls
in Afghanistan;
(v) the Government of Afghanistan is effectively
implementing a whole-of-government, anti-corruption
strategy that has been endorsed by the High Council on Rule
of Law and Anti-Corruption, as agreed to at the Brussels
Conference on Afghanistan in October 2016, and is
prosecuting individuals alleged to be involved in corrupt
or illegal activities in Afghanistan;
(vi) monitoring and oversight frameworks for programs
implemented with such funds are in accordance with all
applicable audit policies of the Department of State and
USAID, including in areas under the control of the Taliban
or other extremist organizations;
(vii) the necessary policies and procedures are in
place to ensure Government of Afghanistan compliance with
section 7013 of this Act, ``Prohibition on Taxation of
United States Assistance''; and
(viii) the Government of Afghanistan is publicly
reporting its national budget, including revenues and
expenditures.
(C) Waiver.--The Secretary of State may waive the
certification requirement of subparagraph (B) if the Secretary
determines that to do so is important to the national security
interest of the United States and the Secretary submits a
report to the Committees on Appropriations, in classified form
if necessary, on the justification for the waiver and the
reasons why any of the requirements of subparagraph (B) cannot
be met.
(D) Programs.--Funds appropriated by this Act that are made
available for assistance for Afghanistan shall be made
available--
(i) for programs that protect and strengthen the rights
of women and girls and promote the political and economic
empowerment of women, including their meaningful inclusion
in political processes: Provided, That such assistance to
promote economic empowerment of women shall be made
available as grants to Afghan organizations, to the maximum
extent practicable;
(ii) for programs in South and Central Asia to expand
linkages between Afghanistan and countries in the region;
and
(iii) to assist the Government of Afghanistan to
develop transparent budgetary processes, including
executing a consistently applied system of legitimate
revenue generation and expenditure.
(E) Taxation.--None of the funds appropriated by this Act
for assistance for Afghanistan may be made available for direct
government-to-government assistance unless the Secretary of
State certifies and reports to the Committees on Appropriations
that--
(i) the United States Government and the Government of
Afghanistan have in place the agreements necessary to
ensure compliance with the principles set forth in section
7013 of this Act; and
(ii) United States companies and organizations that are
implementing United States assistance programs in
Afghanistan in a manner consistent with United States laws
and regulations are not subjected by the Government of
Afghanistan to taxes or other fees in contravention of the
agreements referenced in clause (i), and are not subjected
to retaliation by the Government of Afghanistan for the
nonpayment of such taxes or fees imposed in the past:
Provided, That not later than 90 days after enactment of
this Act, the Secretary of State shall submit to the
Committees on Appropriations an assessment of the dollar
value of improper taxes or fees levied by such government
against such companies and organizations in fiscal year
2017.
(2) Goals and benchmarks.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report describing the goals
and benchmarks required in paragraph (1)(B)(i): Provided, That not
later than 6 months after the submission of such report and every 6
months thereafter until September 30, 2019, the Secretary of State
shall submit a report to such committees on the status of achieving
such goals and benchmarks: Provided further, That the Secretary of
State should suspend assistance for the Government of Afghanistan
if any report required by this paragraph indicates that such
government is failing to make measurable progress in meeting such
goals and benchmarks.
(3) Authorities.--
(A) Funds appropriated by this Act under title III through
VI that are made available for assistance for Afghanistan may
be made available--
(i) notwithstanding section 7012 of this Act or any
similar provision of law and section 660 of the Foreign
Assistance Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the
Government of Afghanistan, in accordance with section
7046(a)(2)(B)(ii) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74); and
(iii) for an endowment to empower women and girls.
(B) Section 7046(a)(2)(A) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112-74) shall apply to funds
appropriated by this Act for assistance for Afghanistan.
(4) Basing rights agreement.--None of the funds made available
by this Act may be used by the United States Government to enter
into a permanent basing rights agreement between the United States
and Afghanistan.
(b) Nepal.--
(1) Assistance.--Not less than $121,480,000 of the funds
appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', ``International Narcotics
Control and Law Enforcement'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' shall be made available
for assistance for Nepal, including for earthquake recovery and
reconstruction programs.
(2) Foreign military financing program.--Funds appropriated by
this Act under the heading ``Foreign Military Financing Program''
shall only be made available for humanitarian and disaster relief
and reconstruction activities in Nepal, and in support of
international peacekeeping operations: Provided, That such funds
may only be made available for any additional uses if the Secretary
of State certifies and reports to the Committees on Appropriations
that the Government of Nepal is investigating and prosecuting
violations of human rights and the laws of war, and the Nepal Army
is cooperating fully with civilian judicial authorities in such
cases.
(c) Pakistan.--
(1) International security assistance.--
(A) Limitation.--Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for assistance
for Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan.
(B) Consultation.--Not later than 30 days after enactment
of this Act, and prior to the submission of the report required
by section 653(a) of the Foreign Assistance Act of 1961, the
Secretary of State shall consult with the Committees on
Appropriations on the amount of funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' that
is anticipated to be subject to the January 2018 policy
decision of the United States to suspend security assistance
for Pakistan: Provided, That the Secretary shall promptly
inform the appropriate congressional committees in writing of
any changes to such policy, the justification for such changes,
and the progress made by the Government of Pakistan in meeting
the counterterrorism objectives described under this section in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(C) Reprogramming.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Foreign Military Financing Program'' for assistance for
Pakistan that are withheld from obligation or expenditure by
the Department of State may be reprogrammed by the Secretary of
State, except that no such funds may be reprogrammed that are
required to complete payment on existing and previously
approved contracts: Provided, That such reprogramming shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(2) Bilateral economic assistance report.--Prior to the
obligation of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the central Government
of Pakistan, the Secretary of State shall submit a report to the
appropriate congressional committees detailing--
(A) the amount of financing and other support, if any,
provided by the Government of Pakistan to schools supported by,
affiliated with, or run by the Taliban or any domestic or
foreign terrorist organization in Pakistan;
(B) the extent of cooperation by such government in issuing
visas in a timely manner for United States visitors, including
officials and representatives of nongovernmental organizations,
engaged in assistance and security programs in Pakistan; and
(C) the extent to which such government is providing
humanitarian organizations access to detainees, internally
displaced persons, and other Pakistani civilians affected by
conflict in Pakistan and the region.
(3) Authority and uses of funds.--
(A) Funds appropriated by this Act for assistance for
Pakistan may be made available notwithstanding any other
provision of law, except for section 620M of the Foreign
Assistance Act of 1961.
(B) Funds appropriated by this Act for assistance for
Pakistan that are made available for infrastructure projects
shall be implemented in a manner consistent with section 507(6)
of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(C) The authorities and directives of section 7044(d)(4) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235) regarding scholarships for women shall apply to funds
appropriated by this Act for assistance for Pakistan, following
consultation with the Committees on Appropriations.
(D) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' that are made
available for assistance for Pakistan shall be made available
to interdict precursor materials from Pakistan to Afghanistan
that are used to manufacture improvised explosive devices and
for agriculture extension programs that encourage alternative
fertilizer use among Pakistani farmers to decrease the dual use
of fertilizer in the manufacturing of improvised explosive
devices.
(E) Funds appropriated by this Act for assistance for
Pakistan shall be made available for border security programs,
following consultation with the Committees on Appropriations.
(F) Funds appropriated by title III of this Act shall be
made available for programs to promote democracy in Pakistan.
(4) Withholding.--Of the funds appropriated under titles III
and IV of this Act that are made available for assistance for
Pakistan, $33,000,000 shall be withheld from obligation until the
Secretary of State reports to the Committees on Appropriations that
Dr. Shakil Afridi has been released from prison and cleared of all
charges relating to the assistance provided to the United States in
locating Osama bin Laden.
(5) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by this
subsection for assistance for Pakistan: Provided, That the
Secretary shall inform the Committees on Appropriations of such
steps in a timely manner.
(d) Sri Lanka.--
(1) Bilateral economic assistance.--Of the funds appropriated
under title III of this Act, not less than $35,000,000 shall be
made available for assistance for Sri Lanka for economic
development and democracy programs, particularly in areas
recovering from ethnic and religious conflict: Provided, That such
funds shall be made available for programs to assist in the
identification and resolution of cases of missing persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be made
available only if the Secretary of State certifies and reports to
the Committees on Appropriations that the Government of Sri Lanka
is--
(A) repealing laws that do not comply with international
standards for arrest and detention by security forces, and
ensuring that any successor legislation meets such standards;
(B) increasing accountability and transparency in
governance;
(C) investigating allegations of arbitrary arrest and
torture, and supporting a credible justice mechanism in
compliance with United Nations Human Rights Council Resolution
(A/HCR/30/L.29) of October 2015;
(D) returning military occupied private lands in former
conflict zones to their rightful owners or compensating those
whose land was confiscated without due process, which includes
legal steps and surveys to determine proper title to disputed
lands, and which is in addition to steps taken during the
previous calendar year;
(E) establishing a functioning office of missing persons
and assisting its investigations of cases of missing persons
from Sri Lanka's internal armed conflicts, and publishing lists
of all persons who surrendered to such Government after the end
of the civil war in May 2009; and
(F) substantially reducing the presence of the armed forces
in former conflict zones and implementing a plan for
restructuring and reducing the size of the armed forces to
adopt a peacetime role that contributes to post-conflict
reconciliation and regional security.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance for
Sri Lanka shall be subject to the following conditions--
(A) not to exceed $500,000 under the heading ``Foreign
Military Financing Program'' may only be made available for
programs to support humanitarian and disaster response
preparedness and maritime security; and
(B) funds under the heading ``Peacekeeping Operations'' may
only be made available for training and equipment related to
international peacekeeping operations, and only if the
Government of Sri Lanka is taking effective steps to bring to
justice Sri Lankan peacekeeping troops who have engaged in
sexual exploitation and abuse.
(e) Regional Programs.--
(1) Cross border programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for
Afghanistan and Pakistan may be provided, notwithstanding any other
provision of law that restricts assistance to foreign countries,
for cross border stabilization and development programs between
Afghanistan and Pakistan, or between either country and the Central
Asian countries.
(2) Security and justice programs.--Funds appropriated by this
Act that are made available for assistance for countries in South
and Central Asia shall be made available to accelerate the
recruitment and enhance the retention and professionalism of women
in the judiciary, police, and other security forces.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Funding.--Subject to the requirements of this subsection,
of the funds appropriated under titles III and IV of this Act, up
to $615,000,000 may be made available for assistance for countries
in Central America to implement the United States Strategy for
Engagement in Central America (the Strategy): Provided, That such
funds shall be made available to the maximum extent practicable on
a cost-matching basis.
(2) Pre-obligation requirements.--Prior to the obligation of
funds made available pursuant to paragraph (1), the Secretary of
State shall submit to the Committees on Appropriations an updated
multi-year spend plan as described under this subsection in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(3) Assistance for the central governments of el salvador,
guatemala, and honduras.--Of the funds made available pursuant to
paragraph (1) that are available for assistance for each of the
central governments of El Salvador, Guatemala, and Honduras, except
for funds made available for the International Commission against
Impunity in Guatemala or the Mission to Support the Fight against
Corruption and Impunity in Honduras, the following amounts shall be
withheld from obligation and may only be made available as follows:
(A) 25 percent may only be obligated after the Secretary of
State certifies and reports to the appropriate congressional
committees that such government is--
(i) informing its citizens of the dangers of the
journey to the southwest border of the United States;
(ii) combating human smuggling and trafficking;
(iii) improving border security, including preventing
illegal migration, human smuggling and trafficking, and
trafficking of illicit drugs and other contraband; and
(iv) cooperating with United States Government agencies
and other governments in the region to facilitate the
return, repatriation, and reintegration of illegal migrants
arriving at the southwest border of the United States who
do not qualify for asylum, consistent with international
law.
(B) An additional 50 percent may only be obligated after
the Secretary of State certifies and reports to the appropriate
congressional committees that such government is--
(i) working cooperatively with an autonomous, publicly
accountable entity to provide oversight of the Plan of the
Alliance for Prosperity in the Northern Triangle in Central
America (the Plan);
(ii) combating corruption, including investigating and
prosecuting current and former government officials
credibly alleged to be corrupt;
(iii) implementing reforms, policies, and programs to
improve transparency and strengthen public institutions,
including increasing the capacity and independence of the
judiciary and the Office of the Attorney General;
(iv) implementing a policy to ensure that local
communities, civil society organizations (including
indigenous and other marginalized groups), and local
governments are consulted in the design, and participate in
the implementation and evaluation of, activities of the
Plan that affect such communities, organizations, and
governments;
(v) countering the activities of criminal gangs, drug
traffickers, and organized crime;
(vi) investigating and prosecuting in the civilian
justice system government personnel, including military and
police personnel, who are credibly alleged to have violated
human rights, and ensuring that such personnel are
cooperating in such cases;
(vii) cooperating with commissions against corruption
and impunity and with regional human rights entities;
(viii) supporting programs to reduce poverty, expand
education and vocational training for at-risk youth, create
jobs, and promote equitable economic growth, particularly
in areas contributing to large numbers of migrants;
(ix) implementing a plan that includes goals,
benchmarks, and timelines to create a professional,
accountable civilian police force and end the role of the
military in internal policing, and make such plan available
to the Department of State;
(x) protecting the right of political opposition
parties, journalists, trade unionists, human rights
defenders, and other civil society activists to operate
without interference;
(xi) increasing government revenues, including by
implementing tax reforms and strengthening customs
agencies; and
(xii) resolving commercial disputes, including the
confiscation of real property, between United States
entities and such government.
(4) Determinations and impact on assistance.--
(A) Insufficient progress.--The Secretary of State shall
periodically review the progress of each of the central
governments of El Salvador, Guatemala, and Honduras in meeting
the requirements of paragraphs (3)(A) and (3)(B): Provided,
That if the Secretary determines and reports to the appropriate
congressional committees that sufficient progress has not been
made by such government in meeting such requirements, the
Secretary shall suspend, in whole or in part, assistance for
such government for programs supporting such requirement, and
shall notify the appropriate congressional committees in
writing of such action: Provided further, That the Secretary
may resume such assistance if the Secretary determines and
reports to such committees that corrective measures have been
taken by such government.
(B) Extraordinary progress.--The Secretary of State may,
notwithstanding section 7019 of this Act, increase assistance
for El Salvador, Guatemala, or Honduras if the Secretary
determines and reports to the appropriate congressional
committees that the central government of such country has made
extraordinary progress in meeting the requirements of
paragraphs (3)(A) and (3)(B): Provided, That such increase
shall be provided in the amounts designated as Award for
Extraordinary Progress in the table under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That such determination may be made for not more than
one country and following the submission of the reports for
such country submitted pursuant to paragraphs (3)(A) and
(3)(B).
(C) Change in national government.--Not later than 90 days
following a change of national government in El Salvador,
Guatemala, or Honduras, the Secretary of State shall determine
whether or not such government is meeting the requirements of
paragraphs (3)(A) and (3)(B) and submit a report to the
appropriate congressional committees detailing the reasons for
such determination: Provided, That if the Secretary determines
that such government is not meeting such requirements, then the
Secretary shall suspend, in whole or in part, assistance for
such central government until such time as such determination
and report can be made.
(D) Reprogramming.--
(i) Assistance suspended pursuant to subparagraphs (A)
or (C) may be reprogrammed if the Secretary of State
determines that corrective measures have not been taken.
(ii) If the Secretary is unable to make a determination
pursuant to subparagraph (B) within 180 days after
enactment of this Act, amounts designated under such
subparagraph may be reprogrammed.
(iii) Any reprogramming made pursuant to clauses (i) or
(ii) shall only be made available for assistance for other
countries in Latin America and the Caribbean and shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(5) Consultation.--The Secretary of State shall consult with
the Committees on Appropriations not less than 14 days prior to
submitting any certification made pursuant to subsection (a)(3) and
any suspension or reprogramming made pursuant to subsection (a)(4).
(6) Limitation.--None of the funds made available by this
subsection for assistance for countries in Central America may be
made available for direct government-to-government assistance or
for major infrastructure projects.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act under
titles III and IV, not less than $391,253,000 shall be made
available for assistance for Colombia, including to support the
efforts of the Government of Colombia to--
(A) conduct a unified campaign against narcotics
trafficking, organizations designated as foreign terrorist
organizations pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), and other criminal or illegal
armed groups: Provided, That aircraft supported by funds made
available by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be used to transport personnel and supplies
involved in drug eradication and interdiction, including
security for such activities, and to provide transport in
support of alternative development programs and investigations
by civilian judicial authorities;
(B) enhance security and stability in Colombia and the
region;
(C) strengthen and expand governance, the rule of law, and
access to justice throughout Colombia;
(D) promote economic and social development, including by
improving access to areas impacted by conflict through demining
programs; and
(E) implement a peace agreement between the Government of
Colombia and illegal armed groups, in accordance with
constitutional and legal requirements in Colombia:
Provided, That such funds shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
(2) Limitation.--None of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for assistance for Colombia may be made available for payment of
reparations to conflict victims or compensation to demobilized
combatants associated with a peace agreement between the Government
of Colombia and illegal armed groups.
(3) Pre-obligation requirements.--Prior to the initial
obligation of funds made available pursuant to paragraph (1), the
Secretary of State, in consultation with the USAID Administrator,
shall submit to the Committees on Appropriations an updated multi-
year spend plan as described under this subsection in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(4) Apportionment and transfer.--Funds made available by this
Act under the heading ``Economic Support Fund'' for assistance for
Colombia shall be apportioned directly to USAID, except that not
less than $7,000,000 of such funds shall be transferred to, and
merged with, funds appropriated by this Act under the heading
``Migration and Refugee Assistance'' for assistance for Colombian
refugees in neighboring countries.
(5) Counternarcotics.--Of the funds made available by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' for counternarcotics
assistance for Colombia, 25 percent may be obligated only after the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Colombia has reduced overall
illicit drug cultivation, production, and trafficking.
(6) Human rights.--Of the funds made available by this Act
under the heading ``Foreign Military Financing Program'' for
assistance for Colombia, 20 percent may be obligated only in
accordance with the conditions set forth under section 7045 in
Senate Report 115-152.
(7) Exceptions.--The limitations of paragraphs (5) and (6)
shall not apply to funds made available for aviation instruction
and maintenance, and maritime and riverine security programs.
(c) Haiti.--
(1) Certification.--Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support Fund''
that are made available for assistance for Haiti may not be made
available for assistance for the central Government of Haiti unless
the Secretary of State certifies and reports to the Committees on
Appropriations that such government is taking effective steps,
which are in addition to steps taken since the certification and
report submitted during the prior year, if applicable, to--
(A) strengthen the rule of law in Haiti, including by--
(i) selecting judges in a transparent manner based on
merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the judiciary; and
(iv) improving governance by implementing reforms to
increase transparency and accountability, including through
the penal and criminal codes;
(B) combat corruption, including by implementing the anti-
corruption law enacted in 2014 and prosecuting corrupt
officials;
(C) increase government revenues, including by implementing
tax reforms, and increasing expenditures on public services;
and
(D) resolve commercial disputes between United States
entities and the Government of Haiti.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
(d) Venezuela.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $15,000,000 shall be
made available for programs to promote democracy and the rule of law in
Venezuela.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $105,325,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $420,700,000 shall be made
available for assistance for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act may be
made available for assistance for a government of an Independent State
of the former Soviet Union if such government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That except
as otherwise provided in section 7070(a) of this Act, funds may be made
available without regard to the restriction in this subsection if the
President determines that to do so is in the national security interest
of the United States: Provided further, That prior to executing the
authority contained in the previous proviso, the Secretary of State
shall consult with the Committees on Appropriations on how such
assistance supports the national security interest of the United
States.
(c) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under title V
of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and section
1424 of the Defense Against Weapons of Mass Destruction Act of 1996
(50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development Agency
under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421);
(3) any activity carried out by a member of the United States
and Foreign Commercial Service while acting within his or her
official capacity;
(4) any insurance, reinsurance, guarantee, or other assistance
provided by the Overseas Private Investment Corporation under title
IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act of
1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act may be
used to facilitate or support the sale of defense articles or defense
services to the Turkish Presidential Protection Directorate (TPPD)
under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et
seq.), unless the Secretary of State determines and reports to the
appropriate congressional committees that members of the TPPD named in
the July 17, 2017 indictment by the Superior Court of the District of
Columbia have returned to the United States to stand trial in
connection with the offenses contained in such indictment or have
otherwise been brought to justice: Provided, That the limitation in
this paragraph shall not apply to the use of funds made available by
this Act for border security purposes, for North Atlantic Treaty
Organization or coalition operations, or to enhance the protection of
United States officials and facilities in Turkey.
war crimes tribunals
Sec. 7047. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Restrictions.--Of the funds appropriated under title I and
under the heading ``International Organizations and Programs'' in
title V of this Act that are available for contributions to the
United Nations (including the Department of Peacekeeping
Operations), any United Nations agency, or the Organization of
American States, 15 percent may not be obligated for such
organization, department, or agency until the Secretary of State
determines and reports to the Committees on Appropriations that the
organization, department, or agency is--
(A) posting on a publicly available Web site, consistent
with privacy regulations and due process, regular financial and
programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(B) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for--
(i) protection against retaliation for internal and
lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to independent adjudicative bodies,
including external arbitration; and
(v) results that eliminate the effects of proven
retaliation; and
(C) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first class and business class travel.
(2) Waiver.--The restrictions imposed by or pursuant to
paragraph (1) may be waived on a case-by-case basis if the
Secretary of State determines and reports to the Committees on
Appropriations that such waiver is necessary to avert or respond to
a humanitarian crisis.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses for
any United States delegation to any specialized agency, body, or
commission of the United Nations if such agency, body, or
commission is chaired or presided over by a country, the government
of which the Secretary of State has determined, for purposes of
section 6(j)(1) of the Export Administration Act of 1979 as
continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. App. 2405(j)(1)), supports
international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as a
contribution to any organization, agency, commission, or program
within the United Nations system if such organization, agency,
commission, or program is chaired or presided over by a country the
government of which the Secretary of State has determined, for
purposes of section 620A of the Foreign Assistance Act of 1961,
section 40 of the Arms Export Control Act, section 6(j)(1) of the
Export Administration Act of 1979, or any other provision of law,
is a government that has repeatedly provided support for acts of
international terrorism.
(3) Waiver.--The Secretary of State may waive the restriction
in this subsection if the Secretary determines and reports to the
Committees on Appropriations that to do so is important to the
national interest of the United States, including a description of
the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of the United
Nations Human Rights Council unless the Secretary of State determines
and reports to the Committees on Appropriations that participation in
the Council is important to the national interest of the United States
and that such Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of members
to such Council: Provided, That such report shall include a
description of the national interest served and the steps taken to
remove Israel as a permanent agenda item and ensure integrity in the
election of members to such Council: Provided further, That the
Secretary of State shall report to the Committees on Appropriations not
later than September 30, 2018, on the resolutions considered in the
United Nations Human Rights Council during the previous 12 months, and
on steps taken to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council.
(d) United Nations Relief and Works Agency.--Prior to the initial
obligation of funds for the United Nations Relief and Works Agency
(UNRWA), and not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report in writing to the Committees
on Appropriations on whether UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA installations
and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on neutrality
and impartiality of employees) and the legal requirements under
section 301(c) of the Foreign Assistance Act of 1961;
(3) implementing procedures to maintain the neutrality of its
facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure they
are only used for humanitarian or other appropriate purposes;
(4) taking necessary and appropriate measures to ensure it is
operating in compliance with the conditions of section 301(c) of
the Foreign Assistance Act of 1961 and continuing regular reporting
to the Department of State on actions it has taken to ensure
conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and summer
camps is consistent with the values of human rights, dignity, and
tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions or
related entities in violation of relevant United States law, and is
taking steps to improve the financial transparency of the
organization; and
(7) in compliance with the United Nations Board of Auditors'
biennial audit requirements and is implementing in a timely fashion
the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Capital Projects.--None of the funds made available by this Act
may be used for the design, renovation, or construction of the United
Nations Headquarters in New York: Provided, That any operating plan
submitted pursuant to this Act for funds made available under the
heading ``Contributions to International Organizations'' shall include
information on capital projects, as described under such heading in
House Report 115-253.
(g) Report.--Not later than 45 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation
or expenditure in fiscal year 2018 for contributions to any
organization, department, agency, or program within the United Nations
system or any international program that are withheld from obligation
or expenditure due to any provision of law: Provided, That the
Secretary of State shall update such report each time additional funds
are withheld by operation of any provision of law: Provided further,
That the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(h) Sexual Exploitation and Abuse in Peacekeeping Operations.--
(1) In general.--Funds appropriated by this Act shall be made
available to implement section 301 of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323).
(2) Withholding of funds.--The Secretary of State should
withhold assistance to any unit of the security forces of a foreign
country if the Secretary has credible information that such unit
has engaged in sexual exploitation or abuse, including while
serving in a United Nations peacekeeping operation, until the
Secretary determines that the government of such country is taking
effective steps to bring the responsible members of such unit to
justice and to prevent future incidents: Provided, That the
Secretary shall promptly notify the government of each country
subject to any withholding of assistance pursuant to this
paragraph, and shall notify the appropriate congressional
committees of such withholding not later than 10 days after a
determination to withhold such assistance is made: Provided
further, That the Secretary shall, to the maximum extent
practicable, assist such government in bringing the responsible
members of such unit to justice.
(3) Transfer of funds.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$1,000,000 shall be transferred to, and merged with, funds
appropriated under the heading ``International Organizations and
Programs'' for the United Nations Office of the Special Coordinator
on Improving the UN Response to Sexual Exploitation and Abuse:
Provided, That such transfer authority shall be exercised not later
than 60 days after enactment of this Act.
(i) Additional Availability.--Funds appropriated under titles I and
V of this Act which are returned or not made available due to the
implementation of subsection (a) or the second proviso under the
heading ``Contributions for International Peacekeeping Activities'' of
such title shall remain available for obligation until September 30,
2019.
(j) National Security Interest Withholding.--
(1) Withholding.--The Secretary of State shall withhold 5
percent of the funds appropriated by this Act under the heading
``Contributions to International Organizations'' for a specialized
agency or other entity of the United Nations if the Secretary, in
consultation with the United States Ambassador to the United
Nations, determines and reports to the Committees on Appropriations
that such agency or entity has taken an official action that is
against the national security interest of the United States or an
ally of the United States, including Israel.
(2) Release of funds.--The Secretary of State, in consultation
with the United States Ambassador to the United Nations, may
release funds withheld pursuant to paragraph (1) if the Secretary
determines and reports to the Committees on Appropriations that
such agency or entity is taking steps to address the action that
resulted in the withholding of such funds.
(3) Reprogramming.--Should the Secretary of State be unable to
make a determination pursuant to paragraph (2) regarding the
release of withheld funds, such funds may be reprogrammed for other
purposes under the heading ``Contributions to International
Organizations''.
(4) Waiver.--The Secretary of State, following consultation
with the Committees on Appropriations, may waive the requirements
of this subsection if the Secretary determines that to do so in the
national interest.
community-based police assistance
Sec. 7049. Funds made available by titles III and IV of this Act
to carry out the provisions of chapter 1 of part I and chapters 4 and 6
of part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the effectiveness
and accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, anti-corruption,
strategic planning, and through assistance to foster civilian police
roles that support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address gender-
based violence, and foster improved police relations with the
communities they serve.
disability programs
Sec. 7050. (a) Assistance.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' shall be made available for
programs and activities administered by the United States Agency for
International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
and integration of individuals with disabilities, including for the
cost of translation.
(b) Management, Oversight, and Technical Support.--Of the funds
made available pursuant to this section, 5 percent may be used for
USAID for management, oversight, and technical support.
international conferences
Sec. 7051. None of the funds made available in this Act may be
used to send or otherwise pay for the attendance of more than 50
employees of agencies or departments of the United States Government
who are stationed in the United States, at any single international
conference occurring outside the United States, unless the Secretary of
State reports to the Committees on Appropriations at least 5 days in
advance that such attendance is important to the national interest:
Provided, That for purposes of this section the term ``international
conference'' shall mean a conference attended by representatives of the
United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used for any
other program and in any region.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by the
Department of State and the United States Agency for International
Development with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be coordinated under the
authority of the appropriate Chief of Mission: Provided, That such
aircraft may be used to transport, on a reimbursable or non-
reimbursable basis, Federal and non-Federal personnel supporting
Department of State and USAID programs and activities: Provided
further, That official travel for other agencies for other purposes
may be supported on a reimbursable basis, or without reimbursement
when traveling on a space available basis: Provided further, That
funds received by the Department of State in connection with the
use of aircraft owned, leased, or chartered by the Department of
State may be credited to the Working Capital Fund of the Department
and shall be available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is the
transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2011 (division F of Public Law 111-117) shall apply
to this Act: Provided, That the date ``September 30, 2009'' in
subsection (f)(2)(B) of such section shall be deemed to be ``September
30, 2017''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions, after arming, do
not result in more than 1 percent unexploded ordnance across the
range of intended operational environments, and the agreement
applicable to the assistance, transfer, or sale of such cluster
munitions or cluster munitions technology specifies that the
cluster munitions will only be used against clearly defined
military targets and will not be used where civilians are known to
be present or in areas normally inhabited by civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such cluster
munitions.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before the date of the enactment of this Act by
Congress: Provided, That not to exceed $25,000 may be made available
to carry out the provisions of section 316 of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 22
U.S.C. 2151a note).
continuous supervision and general direction of economic and military
assistance
Sec. 7056. (a) Under the direction of the President, the Secretary
of State shall be responsible for the continuous supervision and
general direction of economic assistance, law enforcement and justice
sector assistance, military assistance, and military education and
training programs, including but not limited to determining whether
there shall be a military assistance (including civic action) or a
military education and training program for a country and the value
thereof, to the end that such programs are effectively integrated both
at home and abroad and the foreign policy of the United States is best
served thereby.
(b) Consistent with section 481(b) of the Foreign Assistance Act of
1961, the Secretary of State shall be responsible for coordinating all
assistance provided by the United States Government to support
international efforts to combat illicit narcotics production or
trafficking: Provided, That the provision of assistance by the
Department of Defense which is comparable to assistance that may be
made available by this Act under the heading ``International Narcotics
Control and Law Enforcement'' shall be provided in a manner consistent
with the requirements of section 333(b) of title 10, United States
Code, as added by section 1241 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328).
united states agency for international development management
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds made
available in title III of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used by the United States Agency for
International Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of 1980
(22 U.S.C. 3948 and 3949).
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year pursuant
to the authority contained in subsection (a) may not exceed 175.
(2) The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2019.
(c) Conditions.--The authority of subsection (a) should only be
used to the extent that an equivalent number of positions that are
filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated to
carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Europe, Eurasia and
Central Asia'', are eliminated.
(d) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a
period of up to 4 years notwithstanding the limitation set forth in
such section.
(f) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the Office
of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2011 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of this Act,
not less than $575,000,000 should be made available for family
planning/reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Global Fund.--Of the funds appropriated by this Act that are
available for a contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), 10 percent should be withheld
from obligation until the Secretary of State determines and reports to
the Committees on Appropriations that the Global Fund is--
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the Inspector
General (OIG) to publish OIG reports on a public Web site;
(2) providing sufficient resources to maintain an independent
OIG that--
(A) reports directly to the Board of the Global Fund;
(B) maintains a mandate to conduct thorough investigations
and programmatic audits, free from undue interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients, sub-
recipients, and Local Fund Agents;
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to independent adjudicative bodies, including
external arbitration; and
(E) results that eliminate the effects of proven
retaliation; and
(4) implementing the recommendations contained in the
Consolidated Transformation Plan approved by the Board of the
Global Fund on November 21, 2011:
Provided, That such withholding shall not be in addition to funds
that are withheld from the Global Fund in fiscal year 2018 pursuant to
the application of any other provision contained in this or any other
Act.
(c) Contagious Infectious Disease Outbreaks.--
(1) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that an
international infectious disease outbreak is sustained, severe, and
is spreading internationally, or that it is in the national
interest to respond to a Public Health Emergency of International
Concern, funds appropriated by this Act under the headings ``Global
Health Programs'', ``Development Assistance'', ``International
Disaster Assistance'', ``Complex Crises Fund'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', ``Migration and Refugee Assistance'', and
``Millennium Challenge Corporation'' may be made available to
combat such infectious disease or public health emergency, and may
be transferred to, and merged with, funds appropriated under such
headings for the purposes of this paragraph.
(2) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with the
appropriate congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(3) Global health security.--Not later than 180 days after
enactment of this Act, a global health security strategy shall be
submitted to the appropriate congressional committees in the manner
described under this section in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(d) Repurposed Funds.--(1) Of the unobligated balances available
under the heading ``Bilateral Economic Assistance'' in title IX of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)--
(A) $35,000,000 shall be made available for the Emergency
Reserve Fund established pursuant to section 7058(c)(1) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31):
Provided, That such funds may only be made available if the USAID
Administrator determines and reports to the Committees on
Appropriations that it is in the national interest to respond to an
emerging health threat that poses severe threats to human health;
(B) $100,000,000 shall be for programs to accelerate the
capabilities of targeted countries to prevent, detect, and respond
to infectious disease outbreaks; and
(C) $10,000,000 shall be made available for support of a multi-
partner trust fund or other multilateral efforts to assist
communities in Haiti affected by cholera resulting from the United
Nations Stabilization Mission in Haiti: Provided, That prior to
the obligation of such funds, the Secretary of State shall ensure
that mechanisms are in place for monitoring, oversight, and control
of such funds: Provided further, That such funds shall be subject
to prior consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(2) Funds made available pursuant to this subsection are in
addition to funds otherwise made available for such purposes.
(3) Funds made available pursuant to this subsection under the
headings ``Global Health Programs'' and ``International Disaster
Assistance'' may be transferred to, and merged with, funds made
available under such headings: Provided, That such transfer authority
is in addition to any other transfer authority provided by law.
(4) The amounts repurposed under this subsection are designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 and shall be available only if the President subsequently
so designates all such amounts and transmits such designations to the
Congress.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available to increase
leadership opportunities for women in countries where women and girls
suffer discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing
women's opportunities for leadership positions in the public and
private sectors at the local, provincial, and national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of this
Act, not less than $150,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to gender-
based violence in countries where it is common in conflict and non-
conflict settings.
(B) Funds appropriated by titles III and IV of this Act that
are available to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons, and shall promote
the integration of women into the police and other security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-based
violence, including child marriage, rape, female genital cutting
and mutilation, and domestic violence, among other forms of gender-
based violence in conflict and non-conflict settings.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'' should be made
available to support a multi-year strategy to expand, and improve
coordination of, United States Government efforts to empower women as
equal partners in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected by conflict
or in political transition, and to ensure the equitable provision of
relief and recovery assistance to women and girls.
(e) Women and Girls at Risk From Extremism.--
(1) Assistance.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $15,000,000
shall be made available to support women and girls who are at risk
from extremism and conflict, and for activities to--
(A) empower women and girls to counter extremism;
(B) address the needs of women and girls adversely impacted
by extremism and conflict;
(C) document crimes committed by extremists against women
and girls, and support investigations and prosecutions of such
crimes, as appropriate;
(D) increase the participation and influence of women in
formal and informal political processes and institutions at the
local level and within traditional governing structures;
(E) support reconciliation programs between impacted
minority, religious, and ethnic groups and the broader
community;
(F) develop and implement legal reforms and protections for
women and girls at the national and local government levels;
and
(G) create and sustain networks for women and girls to
collectively safeguard their rights on a regional basis.
(2) Clarification and notification.--Funds made available
pursuant to paragraph (1)--
(A) are in addition to amounts otherwise available by this
Act for such purposes; and
(B) shall be made available following consultation with,
and subject to the regular notification procedures of, the
Committees on Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $800,000,000 shall be made available for
assistance for basic education, and such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries: Provided, That such
funds should be used to implement the objectives of basic
education programs for each Country Development Cooperation
Strategy or similar strategy regarding basic education
established by the United States Agency for International
Development: Provided further, That such funds may also be
used for secondary education activities: Provided further,
That the USAID Administrator, following consultation with the
Committees on Appropriations, may reprogram such funds between
countries.
(B) Not later than 30 days after enactment of this Act, the
USAID Administrator shall report to the Committees on
Appropriations on the status of cumulative unobligated balances
and obligated, but unexpended, balances in each country where
USAID provides basic education assistance and such report shall
also include details on the types of contracts and grants
provided and the goals and objectives of such assistance:
Provided, That the USAID Administrator shall update such report
on a quarterly basis until September 30, 2019: Provided
further, That if the USAID Administrator determines that any
unobligated balances of funds specifically designated for
assistance for basic education in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs are in excess of the absorptive capacity
of recipient countries, such funds may be made available for
other programs authorized under chapter 1 of part I of the
Foreign Assistance Act of 1961, notwithstanding such funding
designation: Provided further, That the authority of the
previous proviso shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(C) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$87,500,000 shall be made available for a contribution to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title III
of this Act, not less than $235,000,000 shall be made available for
assistance for higher education: Provided, That such funds may be
made available notwithstanding any other provision of law that
restricts assistance to foreign countries, and shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of such amount, not less
than $35,000,000 shall be made available for human and
institutional capacity building partnerships between higher
education institutions in the United States and developing
countries, of which not less than $15,000,000 shall be for new
partnerships which should be competed and awarded not later than
one year after enactment of this Act: Provided further, That not
later than 45 days after enactment of this Act, the USAID
Administrator shall consult with the Committees on Appropriations
on the proposed uses of funds for such partnerships.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $28,000,000
shall be made available for the American Schools and Hospitals Abroad
program, and not less than $12,000,000 shall be made available for
cooperative development programs of USAID.
(c) Environment Programs.--
(1) Authority and notification.--
(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this subsection, to support environment programs.
(B) Funds made available pursuant to this subsection shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(C) None of the funds in this Act are appropriated or
otherwise made available for a contribution, grant, or any
other payment for the Green Climate Fund.
(2) Conservation programs and limitations.--
(A) Of the funds appropriated under title III of this Act,
not less than $269,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $90,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available to
combat the transnational threat of wildlife poaching and
trafficking.
(C) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance for
any military unit or personnel that the Secretary of State
determines has been credibly alleged to have participated in
wildlife poaching or trafficking, unless the Secretary reports
to the appropriate congressional committees that to do so is in
the national security interest of the United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institutions (IFI) to
vote against any financing of any such activity.
(3) Large dams.--The Secretary of the Treasury shall instruct
the United States executive director of each IFI that it is the
policy of the United States to vote in relation to any loan, grant,
strategy, or policy of such institution to support the construction
of any large dam consistent with the criteria set forth in Senate
Report 114-79, while also considering whether the project involves
important foreign policy objectives.
(4) Sustainable landscapes.--Of the funds appropriated under
title III of this Act, not less than $123,500,000 shall be made
available for sustainable landscapes programs.
(d) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than $1,000,600,000
shall be made available for food security and agricultural development
programs to carry out the purposes of the Global Food Security Act of
2016 (Public Law 114-195), of which not less than $315,960,000 shall be
made available for the Bureau for Food Security, USAID, including not
less than $55,000,000 for the Feed the Future Innovation Labs:
Provided, That funds may be made available for a contribution as
authorized by section 3202 of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246), as amended by section 3206 of the
Agricultural Act of 2014 (Public Law 113-79).
(e) Microenterprise and Microfinance.--Of the funds appropriated by
this Act, not less than $265,000,000 shall be made available for
microenterprise and microfinance development programs for the poor,
especially women.
(f) Programs To Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'',
not less than $65,000,000 shall be made available for activities to
combat trafficking in persons internationally, of which not less than
$40,000,000 shall be from funds made available under the heading
``International Narcotics Control and Law Enforcement'': Provided,
That funds appropriated by this Act that are made available for
programs to end modern slavery shall be in addition to funds made
available by this subsection to combat trafficking in persons.
(g) Reconciliation Programs.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``Development
Assistance'', not less than $30,000,000 shall be made available to
support people-to-people reconciliation programs which bring together
individuals of different ethnic, religious, and political backgrounds
from areas of civil strife and war: Provided, That the USAID
Administrator shall consult with the Committees on Appropriations,
prior to the initial obligation of funds, on the uses of such funds,
and such funds shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That to the
maximum extent practicable, such funds shall be matched by sources
other than the United States Government: Provided further, That such
funds shall be administered by the Office of Conflict Management and
Mitigation, USAID.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $400,000,000 shall be made available for water supply and
sanitation projects pursuant to the Senator Paul Simon Water for the
Poor Act of 2005 (Public Law 109-121), of which not less than
$145,000,000 shall be for programs in sub-Saharan Africa, and of which
not less than $15,000,000 shall be made available to support
initiatives by local communities in developing countries to build and
maintain safe latrines.
overseas private investment corporation
Sec. 7061. (a) Transfer of Funds.--Whenever the President
determines that it is in furtherance of the purposes of the Foreign
Assistance Act of 1961, up to a total of $20,000,000 of the funds
appropriated under title III of this Act may be transferred to, and
merged with, funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the terms and
conditions of that account: Provided, That such funds shall not be
available for administrative expenses of the Overseas Private
Investment Corporation: Provided further, That designated funding
levels in this Act shall not be transferred pursuant to this section:
Provided further, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(b) Authority.--Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961, the authority of subsections (a) through (c) of
section 234 of such Act shall remain in effect until September 30,
2018.
arms trade treaty
Sec. 7062. None of the funds appropriated by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
inspectors general
Sec. 7063. (a) Prohibition on Use of Funds.--None of the funds
appropriated by this Act may be used to deny an Inspector General
funded under this Act timely access to any records, documents, or other
materials available to the department or agency of the United States
Government over which such Inspector General has responsibilities under
the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede the access of such Inspector General to such records, documents,
or other materials, under any provision of law, except a provision of
law that expressly refers to such Inspector General and expressly
limits the right of access of such Inspector General.
(b) Timely Access.--A department or agency of the United States
Government covered by this section shall provide its Inspector General
access to all records, documents, and other materials in a timely
manner.
(c) Compliance.--Each Inspector General covered by this section
shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Report.--Each Inspector General covered by this section shall
report to the Committees on Appropriations within 5 calendar days of
any failure by any department or agency of the United States Government
to provide its Inspector General access to all requested records,
documents, and other materials.
reporting requirements concerning individuals detained at naval
station, guantanamo bay, cuba
Sec. 7064. Not later than 5 days after the conclusion of an
agreement with a country, including a state with a compact of free
association with the United States, to receive by transfer or release
individuals detained at United States Naval Station, Guantanamo Bay,
Cuba, the Secretary of State shall notify the Committees on
Appropriations in writing of the terms of the agreement, including
whether funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs will be made available for assistance for such country
pursuant to such agreement.
multi-year pledges
Sec. 7065. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge was--
(1) previously justified, including the projected future year
costs, in a congressional budget justification;
(2) included in an Act making appropriations for the Department
of State, foreign operations, and related programs or previously
authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees on
Appropriations and such consultation was conducted at least 7 days
in advance of the pledge.
prohibition on use of torture
Sec. 7066. None of the funds made available in this Act may be
used to support or justify the use of torture, cruel, or inhumane
treatment by any official or contract employee of the United States
Government.
extradition
Sec. 7067. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency Refugee
and Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of State of
its refusal to extradite to the United States any individual indicted
for a criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing a law
enforcement officer, as specified in a United States extradition
request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important to the
national interest of the United States.
commercial leasing of defense articles
Sec. 7068. Notwithstanding any other provision of law, and subject
to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt, and the
North Atlantic Treaty Organization (NATO), and major non-NATO allies
for the procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial suppliers,
not including Major Defense Equipment (other than helicopters and other
types of aircraft having possible civilian application), if the
President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under
such Act.
joint strategic plan, budget, and transitions
Sec. 7069. (a) Joint Strategic Plan and Budget.--Not later than 180
days after enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International Development
shall jointly submit to the Committees on Appropriations a five year
budget estimate that details by each fiscal year the funds necessary to
implement, by agency, each of the four goals identified in the ``Joint
Strategic Plan for the Department of State and the United States Agency
for International Development, FY 2018-2022'' (Joint Strategic Plan),
required by section 306 of title 5, United States Code, and published
on February 12, 2018: Provided, That the Secretary and the
Administrator shall inform the appropriate congressional committees not
later than September 30, 2018 of any changes to the Joint Strategic
Plan.
(b) Strategic Transitions.--
(1) The USAID Administrator shall regularly consult with the
appropriate congressional committees and development stakeholders
on efforts to transition nations from assistance recipients to
enduring diplomatic, economic, and security partners: Provided,
That such consultations shall include the guiding principles and
metrics being developed to support such efforts, and any other
matters related to the implementation plan required in paragraph
(2).
(2) Not later than 180 days after enactment of this Act, the
USAID Administrator shall submit to the appropriate congressional
committees an implementation plan on country transitions from
assistance that includes--
(A) the conditions and related benchmarks under which
countries may transition from assistance provided by this Act
and subsequent Acts making appropriations for the Department of
State, foreign operations, and related programs;
(B) the actions required by USAID to facilitate or support
country efforts toward such transition, including consultation
with civil society, other donors, multilateral organizations,
and implementing partners;
(C) a description of the costs and number of personnel
associated with strategic transitions, including investments to
increase public and private domestic resource mobilization; and
(D) the plans to ensure post-transition development
progress.
countering russian influence and aggression
Sec. 7070. (a) Limitation.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Crimea.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a country
that the Secretary of State determines and reports to the
Committees on Appropriations has taken affirmative steps intended
to support or be supportive of the Russian Federation annexation of
Crimea or other territory in Ukraine: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive the
restriction on assistance required by this paragraph if the
Secretary determines and reports to such Committees that to do so
is in the national interest of the United States, and includes a
justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in
Ukraine under the control of Russian-backed separatists, if
such activity includes the participation of Russian Government
officials, or other Russian owned or controlled financial
entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of Russian-backed separatists, if such
assistance includes the participation of Russian Government
officials, or other Russian owned or controlled financial
entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including any loan, credit, or guarantee) for any program that
violates the sovereignty or territorial integrity of Ukraine.
(4) The requirements and limitations of this subsection shall
cease to be in effect if the Secretary of State determines and
reports to the Committees on Appropriations that the Government of
Ukraine has reestablished sovereignty over Crimea and other
territory in Ukraine under the control of Russian-backed
separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a country
that the Secretary of State determines and reports to the
Committees on Appropriations has recognized the independence of, or
has established diplomatic relations with, the Russian occupied
Georgian territories of Abkhazia and Tskhinvali Region/South
Ossetia: Provided, That the Secretary shall publish on the
Department of State Web site a list of any such central governments
in a timely manner: Provided further, That the Secretary may waive
the restriction on assistance required by this paragraph if the
Secretary determines and reports to the Committees on
Appropriations that to do so is in the national interest of the
United States, and includes a justification for such interest.
(2) None of the funds appropriated by this Act may be made
available to support the Russian occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including any loan, credit, or guarantee) for any program that
violates the sovereignty and territorial integrity of Georgia.
(d) Assistance to Counter Influence and Aggression.--
(1) Of the funds appropriated by this Act under the headings
``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'',
``International Military Education and Training'', and ``Foreign
Military Financing Program'', not less than $250,000,000 shall be
made available to carry out the purposes of the Countering Russian
Influence Fund, as authorized by section 254 of the Countering
Russian Influence in Europe and Eurasia Act of 2017 (Public Law
115-44; 22 U.S.C. 9543), and programs to enhance the capacity of
law enforcement and security forces in countries in Europe and
Eurasia and strengthen security cooperation between such countries
and the United States and the North Atlantic Treaty Organization,
as appropriate.
(2) Funds appropriated by this Act and made available for
assistance for the Eastern Partnership countries shall be made
available to advance the implementation of Association Agreements
and trade agreements with the European Union, and to reduce their
vulnerability to external economic and political pressure from the
Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation,
including to promote Internet freedom, and shall also be made available
to support the democracy and rule of law strategy required by section
7071(d) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law 113-76).
international monetary fund
Sec. 7071. (a) Extensions.--The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F
of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private creditors.
special defense acquisition fund
Sec. 7072. Not to exceed $900,000,000 may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act for the purposes of the
Special Defense Acquisition Fund (the Fund), to remain available for
obligation until September 30, 2020: Provided, That the provision of
defense articles and defense services to foreign countries or
international organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
stability and development in regions impacted by extremism and conflict
Sec. 7073. (a) Countering Foreign Fighters and Extremist
Organizations.--Funds appropriated under titles III and IV of this Act
shall be made available for programs and activities to counter and
defeat violent extremism and foreign fighters abroad, consistent with
the strategy required by section 7073(a)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31): Provided, That the Secretary of
State shall ensure such programs are coordinated with and complement
the efforts of other United States Government agencies and
international partners, and that information gained through the conduct
of such programs is shared in a timely manner with relevant departments
and agencies of the United States Government, other international
partners, and the appropriate congressional committees, as appropriate.
(b) Countries Impacted by Significant Refugee Populations or
Internally Displaced Persons.--
(1) Uses of funds.--Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support Fund''
shall be made available for programs in countries affected by
significant populations of internally displaced persons or refugees
to--
(A) expand and improve host government social services and
basic infrastructure to accommodate the needs of such
populations and persons;
(B) alleviate the social and economic strains placed on
host communities, including through programs to promote
livelihoods, vocational training, and formal and informal
education;
(C) improve coordination of such assistance in a more
effective and sustainable manner; and
(D) leverage increased assistance from donors other than
the United States Government for central governments and local
communities in such countries:
Provided, That the Secretary of State shall periodically inform
the appropriate congressional committees of the amounts and
specific uses of funds made available for the purposes of this
subsection.
(2) Concessional finance facility.--Funds appropriated under
title III of this Act under the heading ``Economic Support Fund''
may be made available for the Concessional Finance Facility of the
World Bank to provide financing to support refugees and host
communities: Provided, That such funds shall be in addition to
funds made available for bilateral assistance in the report
required by section 653(a) of the Foreign Assistance Act of 1961,
and may only be made available subject to prior consultation with
the Committees on Appropriations.
(c) Fragile States and Extremism.--Funds appropriated by this Act
shall be made available for the purposes of section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31), subject to
the regular notification procedures of the Committees on
Appropriations.
enterprise funds
Sec. 7074. (a) Notification.--None of the funds made available
under titles III through VI of this Act may be made available for
Enterprise Funds unless the appropriate congressional committees are
notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
use of funds in contravention of this act
Sec. 7075. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program and
policy.
budget documents
Sec. 7076. (a) Operating and Reorganization Plans.--Not later than
45 days after the date of enactment of this Act, each department,
agency, or organization funded in titles I, II, and VI of this Act, and
the Department of the Treasury and Independent Agencies funded in title
III of this Act, including the Inter-American Foundation and the United
States African Development Foundation, shall submit to the Committees
on Appropriations an operating plan for funds appropriated to such
department, agency, or organization in such titles of this Act, or
funds otherwise available for obligation in fiscal year 2018, that
provides details of the uses of such funds at the program, project, and
activity level: Provided, That such plans shall include, as
applicable, a comparison between the congressional budget justification
funding levels, the most recent congressional directives or approved
funding levels, and the funding levels proposed by the department or
agency; and a clear, concise, and informative description/
justification: Provided further, That if such department, agency, or
organization receives an additional amount under the same heading in
title VIII of this Act, operating plans required by this subsection
shall include consolidated information on all such funds: Provided
further, That operating plans that include changes in levels of funding
for programs, projects, and activities specified in the congressional
budget justification, in this Act, or amounts specifically designated
in the respective tables included in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), as applicable, shall be subject to the notification
and reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary of
State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to the
Committees on Appropriations a spend plan for funds made available
by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon, Pakistan,
and the West Bank and Gaza;
(B) assistance made available pursuant to section 7070(d)
of this Act to counter Russian influence and aggression, except
that such plan shall be on a country-by-country basis;
(C) Power Africa and the regional security initiatives
listed under this section in Senate Report 115-152: Provided,
That the spend plan for such initiatives shall include the
amount of assistance planned for each country by account, to
the maximum extent practicable; and
(D) democracy programs, programs to support section 7073(a)
of this Act, and sectors enumerated in subsections (a), (c),
(d), (e), (f), and (h) of section 7060 of this Act.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by
this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(3) Notwithstanding paragraph (1), up to 10 percent of the
funds contained in a spend plan required by this subsection may be
obligated prior to the submission of such spend plan if the
Secretary of State or the USAID Administrator, as appropriate,
determines that the obligation of such funds is necessary to avoid
significant programmatic disruption: Provided, That not less than
seven days prior to such obligation, the Secretary or
Administrator, as appropriate, shall consult with the Committees on
Appropriations on the justification for such obligation and the
proposed uses of such funds.
(c) Spending Report.--Not later than 45 days after enactment of
this Act, the USAID Administrator shall submit to the Committees on
Appropriations a detailed report on spending of funds made available
during fiscal year 2017 under the heading ``Development Credit
Authority''.
(d) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) The congressional budget justification for Department of
State operations and foreign operations shall be provided to the
Committees on Appropriations concurrent with the date of submission
of the President's budget for fiscal year 2019: Provided, That the
appendices for such justification shall be provided to the
Committees on Appropriations not later than 10 calendar days
thereafter.
(2) The Secretary of State and the USAID Administrator shall
include in the congressional budget justification a detailed
justification for multi-year availability for any funds requested
under the headings ``Diplomatic and Consular Programs'' and
``Operating Expenses''.
reports and records management
Sec. 7077. (a) Public Posting of Reports.--
(1) Requirement.--Any agency receiving funds made available by
this Act shall, subject to paragraphs (2) and (3), post on the
publicly available Web site of such agency any report required by
this Act to be submitted to the Committees on Appropriations, upon
a determination by the head of such agency that to do so is in the
national interest.
(2) Exceptions.--Paragraph (1) shall not apply to a report if--
(A) the public posting of such report would compromise
national security, including the conduct of diplomacy; or
(B) the report contains proprietary, privileged, or
sensitive information.
(3) Timing and intention.--The head of the agency posting such
report shall, unless otherwise provided for in this Act, do so only
after such report has been made available to the Committees on
Appropriations for not less than 45 days: Provided, That any
report required by this Act to be submitted to the Committees on
Appropriations shall include information from the submitting agency
on whether such report will be publicly posted.
(b) Requests for Documents.--None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall be
available to a nongovernmental organization, including any contractor,
which fails to provide upon timely request any document, file, or
record necessary to the auditing requirements of the Department of
State and the United States Agency for International Development.
(c) Records Management.--
(1) Limitation.--None of the funds appropriated by this Act
under the headings ``Diplomatic and Consular Programs'' and
``Capital Investment Fund'' in title I, and ``Operating Expenses''
and ``Capital Investment Fund'' in title II that are made available
to the Department of State and USAID may be made available to
support the use or establishment of email accounts or email servers
created outside the .gov domain or not fitted for automated records
management as part of a Federal government records management
program in contravention of the Presidential and Federal Records
Act Amendments of 2014 (Public Law 113-187).
(2) Directives.--The Secretary of State and USAID Administrator
shall--
(A) update the policies, directives, and oversight
necessary to comply with Federal statutes, regulations, and
presidential executive orders and memoranda concerning the
preservation of all records made or received in the conduct of
official business, including record emails, instant messaging,
and other online tools;
(B) use funds appropriated by this Act under the headings
``Diplomatic and Consular Programs'' and ``Capital Investment
Fund'' in title I, and ``Operating Expenses'' and ``Capital
Investment Fund'' in title II, as appropriate, to improve
Federal records management pursuant to the Federal Records Act
(44 U.S.C. Chapters 21, 29, 31, and 33) and other applicable
Federal records management statutes, regulations, or policies
for the Department of State and USAID;
(C) direct departing employees that all Federal records
generated by such employees, including senior officials, belong
to the Federal Government; and
(D) significantly improve the response time for identifying
and retrieving Federal records, including requests made
pursuant to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'').
(3) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State and USAID Administrator shall each
submit a report to the Committees on Appropriations and to the
National Archives and Records Administration detailing, as
appropriate and where applicable--
(A) any updates or modifications made to the policy of each
agency regarding the use or the establishment of email accounts
or email servers created outside the .gov domain or not fitted
for automated records management as part of a Federal
government records management program since the submission to
the Committees on Appropriations of the report required by
section 7077(c)(3) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31);
(B) the extent to which each agency is in compliance with
applicable Federal records management statutes, regulations,
and policies, including meeting Directive goal 1.2 of the
Managing Government Records Directive (M-12-18) by December 31,
2017; and
(C) any steps taken since the submission of the report
referenced in subparagraph (A) to--
(i) comply with paragraph (1)(B) of this subsection;
(ii) ensure that all employees at every level have been
instructed in procedures and processes to ensure that the
documentation of their official duties is captured,
preserved, managed, protected, and accessible in official
Government systems of the Department of State and USAID;
(iii) implement recommendation 1 made by the Office of
Inspector General (OIG), Department of State, in the
January 2016 Evaluation of the Department of State's FOIA
Process for Requests Involving the Office of the Secretary
(ESP-16-01);
(iv) reduce the backlog of Freedom of Information Act
(FOIA) and Congressional oversight requests, and measurably
improve the response time for answering such requests; and
(v) strengthen cyber security measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the
control of national security information, and implement the
recommendations of the corresponding reports of the OIG as
detailed under this section in House Report 115-253 and
contained in other relevant reports issued by the OIG.
(4) Operating plans.--The operating plans required by section
7076(a) of this Act for funds appropriated under the headings
listed in paragraph (1) shall include funds planned for--
(A) implementing the recommendations of the OIG reports
referenced in clauses (iii) and (v); and
(B) measurably reducing the FOIA and Congressional
oversight requests backlog.
global internet freedom
Sec. 7078. (a) Funding.--Of the funds available for obligation
during fiscal year 2018 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$55,500,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interest of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum extent practicable, by sources
other than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``Assistance for
Europe, Eurasia and Central Asia'' that are made available pursuant
to subsection (a) shall be--
(A) coordinated with other democracy programs funded by
this Act under such headings, and shall be incorporated into
country assistance and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011, International
Strategy for Cyberspace; the Department of State International
Cyberspace Policy Strategy required by section 402 of the
Cybersecurity Act of 2015 (division N of Public Law 114-113);
and the comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section 414 of
the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8754);
(C) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations; to
combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists;
(D) made available for research of key threats to Internet
freedom; the continued development of technologies that provide
or enhance access to the Internet, including circumvention
tools that bypass Internet blocking, filtering, and other
censorship techniques used by authoritarian governments; and
maintenance of the technological advantage of the United States
Government over such censorship techniques: Provided, That the
Secretary of State, in consultation with the Chief Executive
Officer (CEO) of the Broadcasting Board of Governors (BBG),
shall coordinate any such research and development programs
with other relevant United States Government departments and
agencies in order to share information, technologies, and best
practices, and to assess the effectiveness of such
technologies; and
(E) made available only after the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State,
concurs that such funds are allocated consistent with--
(i) the strategies referenced in subparagraph (B) of
this paragraph;
(ii) best practices regarding security for, and
oversight of, Internet freedom programs; and
(iii) sufficient resources and support for the
development and maintenance of anti-censorship technology
and tools.
(2) Funds appropriated by this Act under the heading
``International Broadcasting Operations'' that are made available
pursuant to subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute BBG digital content; facilitate
audience access to such content on Web sites that are censored;
coordinate the distribution of BBG digital content to targeted
regional audiences; and to promote and distribute such tools
and techniques, including digital security techniques;
(B) coordinated with programs funded by this Act under the
heading ``International Broadcasting Operations'', and shall be
incorporated into country broadcasting strategies, as
appropriate;
(C) coordinated by the BBG CEO to provide Internet
circumvention tools and techniques for audiences in countries
that are strategic priorities for the BBG and in a manner
consistent with the BBG Internet freedom strategy; and
(D) made available for the research and development of new
tools or techniques authorized in paragraph (A) only after the
BBG CEO, in consultation with the Secretary of State and other
relevant United States Government departments and agencies,
evaluates the risks and benefits of such new tools or
techniques, and establishes safeguards to minimize the use of
such new tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after enactment of this Act, the Secretary
of State and the BBG CEO shall submit to the Committees on
Appropriations spend plans for funds made available by this Act for
programs to promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to ensure
that such programs are not used for illicit purposes: Provided, That
the Department of State spend plan shall include funding for all such
programs for all relevant Department of State and USAID offices and
bureaus.
impact on jobs in the united states
Sec. 7079. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise currently
located in the United States for the purpose of inducing such an
enterprise to relocate outside the United States if such incentive
or inducement is likely to reduce the number of employees of such
business enterprise in the United States because United States
production is being replaced by such enterprise outside the United
States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized workers'
rights, as defined in section 507(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone or
area in that country: Provided, That the application of section
507(4)(D) and (E) of such Act should be commensurate with the level
of development of the recipient country and sector, and shall not
preclude assistance for the informal sector in such country, micro
and small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States if
such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117);
(B) the modification proposed by the Overseas Private
Investment Corporation in November 2013 to the Corporation's
Environmental and Social Policy Statement relating to coal; or
(C) the Supplemental Guidelines for High Carbon Intensity
Projects approved by the Export-Import Bank of the United
States on December 12, 2013,
when enforcement of such rule, regulation, policy, or guidelines
would prohibit, or have the effect of prohibiting, any coal-fired
or other power-generation project the purpose of which is to: (i)
provide affordable electricity in International Development
Association (IDA)-eligible countries and IDA-blend countries; and
(ii) increase exports of goods and services from the United States
or prevent the loss of jobs from the United States.
united states citizens and nationals unlawfully or wrongfully detained
abroad
Sec. 7080. (a) Review.--The Special Presidential Envoy for Hostage
Affairs, in consultation with the Assistant Secretary for Consular
Affairs, Department of State, shall review the practices of United
States consular officers regarding assistance for citizens and
nationals of the United States who are detained in countries where the
Department of State's Country Reports on Human Rights Practices
indicate that arbitrary arrest or the denial of due process is common,
or the judicial system is not independent or is susceptible to
corruption, to--
(1) assess whether consular officers routinely seek to
determine if--
(A) the detained individual has presented credible
information of factual innocence to United States officials;
(B) credible information exists that the individual is
detained solely or substantially because he or she is a citizen
or national of the United States;
(C) credible information exists that the individual is
being detained as a result of exercising his or her right to
freedom of expression, association, assembly, or religion;
(D) credible information exists that the individual has
been detained arbitrarily and denied due process or a fair
trial;
(E) independent nongovernmental organizations or
journalists have raised concerns about the innocence or the
conditions of confinement of the detained individual;
(F) the detained individual has presented credible
information that his or her detention is a pretext; and
(G) the individual is detained in inhumane conditions; and
(2) identify what, if any, diplomatic or other actions are
taken by the Department on behalf of a detained individual if the
consular officer determines that the answer to any of the questions
specified in paragraph (1) is affirmative.
(b) Recommendations, Guidance, and Report.--Not later than 180 days
after enactment of this Act and after completion of the review required
under subsection (a), the Special Presidential Envoy for Hostage
Affairs, after consultation with the Assistant Secretary for Consular
Affairs, Department of State, shall--
(1) provide recommendations to the Secretary of State for
modifying the guidance concerning the arrest and detention of
United States citizens abroad in the Foreign Affairs Manual and
Foreign Affairs Handbook to better assist the Department of State
in identifying cases where such detention is unlawful or wrongful
and to enhance diplomatic engagements with foreign governments and
other actions on behalf of such citizens and nationals; and
(2) submit a report to the appropriate congressional committees
detailing the findings of the review required pursuant to
subsection (a) and the recommendations provided pursuant to
paragraph (1) of this subsection.
reorganization and redesign
Sec. 7081. (a) Oversight.--
(1) Prior consultation.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may not be used to
implement a reorganization, redesign, or other plan described in
paragraph (2) by the Department of State, the United States Agency
for International Development, or any other Federal department,
agency, or organization funded by this Act without prior
consultation by the head of such department, agency, or
organization with the appropriate congressional committees.
(2) Description of activities.--Pursuant to paragraph (1), a
reorganization, redesign, or other plan shall include any action
to--
(A) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus and
offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of the
authorities and responsibilities of such bureaus and offices;
(B) expand, eliminate, consolidate, or downsize the United
States official presence overseas including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; and
(C) expand or reduce the size of the Civil Service, Foreign
Service, eligible family member, and locally employed staff
workforce of the Department of State and USAID from the on-
board levels as of December 31, 2017: Provided, That not less
than 30 days after enactment of this Act, the Secretary of
State and the USAID Administrator shall submit to the
appropriate congressional committees such on-board levels.
(3) Notification.--Funds made available by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for the
activities described in paragraph (2) shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided, That any such notification submitted to
such Committees shall include a detailed justification for any
proposed action, including the information specified under this
section in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(4) Operating plans.--Operating plans submitted pursuant to
section 7076(a) of this Act shall detail, as applicable, amounts
for the bureaus, offices, and organizations detailed under this
section in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(b) Additional Requirements.--
(1) Personnel.--
(A) Not later than 90 days after enactment of this Act, the
Secretary of State and the USAID Administrator shall each
submit a report to the appropriate congressional committees
detailing the personnel requirements necessary to implement the
December 2017 ``National Security Strategy of the United
States'' and the February 2018 ``Joint Strategic Plan for the
Department of State and the United States Agency for
International Development, FY 2018-2022''.
(B) Not later than 30 days after enactment of this Act, the
Secretary of State and the USAID Administrator shall each
submit to the appropriate congressional committees an analysis
and justification for the reduction of Department of State and
USAID personnel during calendar year 2017, to include an
explanation of how such reductions support the missions of each
agency.
(C) Not later than 60 days after enactment of this Act and
every 60 days thereafter until September 30, 2019, the
Secretary of State, in the case of the Department of State, and
the USAID Administrator, in the case of USAID, shall report to
the appropriate congressional committees on the on-board
personnel levels, hiring, and attrition of the Civil Service,
Foreign Service, eligible family member, and locally employed
staff workforce of the Department of State and USAID, as
appropriate, on an operating unit-by-operating unit basis.
(2) Administration of funds.--Funds appropriated by this Act--
(A) under the heading ``Migration and Refugee Assistance''
shall be administered by the Assistant Secretary for
Population, Refugees, and Migration, Department of State; and
(B) that are made available for the Office of Global
Women's Issues shall be administered by the United States
Ambassador-at-Large for Global Women's Issues.
(3) Information technology platform.--
(A) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may be
made available for a new major information technology
investment without the concurrence of the Chief Information
Officer, Department of State.
(B) In complying with the requirements of this paragraph,
the Chief Information Officer, Department of State, shall
consider whether a new major information technology
investment--
(i) is consistent with the Department Information
Technology Strategic Plan;
(ii) maintains consolidated control over enterprise IT
functions or improves operational maintenance;
(iii) improves Department of State resiliency to a
cyber-attack;
(iv) reduces Department of State IT costs over the
long-term; and
(v) is in accordance with the Federal Acquisition
Regulation (FAR), including FAR Part 6 regarding
competition requirements.
(C) Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees detailing the conclusions and
recommendations from the Information Technology (IT) Platform
Planning workstream of the Department of State redesign
initiative.
(4) Regional development mission for asia.--Funds appropriated
by this Act and made available for the Regional Development Mission
for Asia, USAID, in the table included under title II of the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) shall be subject to
section 7019 of this Act.
united nations population fund
Sec. 7082. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2018, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations indicating the amount of funds that UNFPA is
budgeting for the year in which the report is submitted for a
country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA plans
to spend funds for a country program in the People's Republic of
China in the year covered by the report, then the amount of such
funds UNFPA plans to spend in the People's Republic of China shall
be deducted from the funds made available to UNFPA after March 1
for obligation for the remainder of the fiscal year in which the
report is submitted.
multilateral development bank replenishments
Sec. 7083. (a) The Asian Development Bank Act (22 U.S.C. 285 et
seq.) is amended by adding at the end the following new section:
``SEC. 36. ELEVENTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized to
contribute, on behalf of the United States, $189,580,000 to the
eleventh replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $189,580,000 for payment by the Secretary of
the Treasury.''.
(b) The International Development Association Act (22 U.S.C. 284 et
seq.) is amended by adding at the end the following new section:
``SEC. 30. EIGHTEENTH REPLENISHMENT.
``(a) The United States Governor of the International Development
Association is authorized to contribute on behalf of the United States
$3,291,030,000 to the eighteenth replenishment of the resources of the
Association, subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $3,291,030,000 for payment by the Secretary of
the Treasury.''.
(c) The African Development Fund Act (22 U.S.C. 290g et seq.) is
amended by adding at the end the following new section:
``SEC. 225. FOURTEENTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized to
contribute on behalf of the United States $513,900,000 to the
fourteenth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $513,900,000 for payment by the Secretary of
the Treasury.''.
rescissions
(including rescission of funds)
Sec. 7084. (a) Of the unobligated balances available to the
President under the heading ``Development Assistance'', as identified
by Treasury Appropriation Fund Symbol 72 X 1021, $23,766,000 are
rescinded.
(b) Of the unobligated balances available under the heading
``Export and Investment Assistance, Export-Import Bank of the United
States'' for carryover under the heading ``Receipts Collected'' in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
$10,000,000 are rescinded.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$2,975,971,000, to remain available until September 30, 2019, of which
$2,376,122,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $5,000,000 of the total funds made available under this
heading to any other appropriation of any department or agency of the
United States, upon the concurrence of the head of such department or
agency, to support operations in and assistance for Afghanistan and to
carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That any such transfer shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$68,100,000, to remain available until September 30, 2019, of which
$54,900,000 shall be for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight: Provided, That
printing and reproduction costs of SIGAR shall not exceed amounts for
such costs during fiscal year 2017: Provided further, That
notwithstanding any other provision of law, any employee of SIGAR who
completes at least 12 months of continuous service after the date of
enactment of this Act or who is employed on the date on which SIGAR
terminates, whichever occurs first, shall acquire competitive status
for appointment to any position in the competitive service for which
the employee possesses the required qualifications: Provided further,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $71,778,000, to remain available until expended, for
Worldwide Security Upgrades, acquisition, and construction as
authorized: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $96,240,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $967,456,000, to remain available until
September 30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $158,067,000,
to remain available until September 30, 2019: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$2,500,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$1,588,778,000, to remain available until expended: Provided, That
such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$62,043,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
complex crises fund
For an additional amount for ``Complex Crises Fund'', $20,000,000,
to remain available until expended: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,152,122,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance''
to respond to refugee crises, including in Africa, the Near East, South
and Central Asia, and Europe and Eurasia, $2,431,198,000, to remain
available until expended, except that such funds shall not be made
available for the resettlement costs of refugees in the United States:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $417,951,000, to remain available until September
30, 2019: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $220,583,000, to remain available
until September 30, 2019: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$325,213,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That funds available for obligation under this
heading in this Act may be used to pay assessed expenses of
international peacekeeping activities in Somalia, subject to the
regular notification procedures of the Committees on Appropriations.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $460,000,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2018.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations
accounts in this Act shall be available under the authorities and
conditions applicable to such appropriations accounts.
counterterrorism partnerships fund
Sec. 8003. Funds appropriated by this Act under the heading
``Nonproliferation, Anti-terrorism, Demining and Related Programs''
shall be made available for the Counterterrorism Partnerships Fund for
programs in areas liberated from, under the influence of, or adversely
affected by, the Islamic State of Iraq and Syria or other terrorist
organizations: Provided, That such areas shall include the Kurdistan
Region of Iraq: Provided further, That prior to the obligation of
funds made available pursuant to this section, the Secretary of State
shall take all practicable steps to ensure that mechanisms are in place
for monitoring, oversight, and control of such funds: Provided
further, That section 7015(j) of this Act regarding notification of
assistance diverted or destroyed shall apply to funds made available
for the Counterterrorism Partnerships Fund: Provided further, That
funds made available pursuant to this section shall be subject to prior
consultation with the appropriate congressional committees, and the
regular notification procedures of the Committees on Appropriations.
transfer of funds
Sec. 8004. (a) Transfer of Funds Between Accounts.--
(1) Funds appropriated by this title in this Act under the
headings ``Transition Initiatives'', ``Complex Crises Fund'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be transferred to, and merged with, funds
appropriated by this title under such headings.
(2) Funds appropriated by this title in this Act under the
headings ``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Peacekeeping Operations'', and ``Foreign Military
Financing Program'' may be transferred to, and merged with, funds
appropriated by this title under such headings.
(b) Global Security Contingency Fund.--Notwithstanding any other
provision of this section, not to exceed $7,500,000 from funds
appropriated under the headings ``International Narcotics Control and
Law Enforcement'', ``Peacekeeping Operations'', and ``Foreign Military
Financing Program'' by this title in this Act may be transferred to,
and merged with, funds previously made available under the heading
``Global Security Contingency Fund''.
(c) Limitation.--The transfer authority provided in subsection (a)
may only be exercised to address contingencies.
(d) Notification.--The transfer authority provided by this section
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That such transfer authority is in addition to any transfer
authority otherwise available under any other provision of law,
including section 610 of the Foreign Assistance Act of 1961 which may
be exercised by the Secretary of State for the purposes of this title.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018''.
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$112,813,000, of which not to exceed $3,001,000 shall be available for
the immediate Office of the Secretary; not to exceed $1,040,000 shall
be available for the immediate Office of the Deputy Secretary; not to
exceed $20,555,000 shall be available for the Office of the General
Counsel; not to exceed $10,331,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$14,019,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,546,000 shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $29,356,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $2,142,000
shall be available for the Office of Public Affairs; not to exceed
$1,760,000 shall be available for the Office of the Executive
Secretariat; not to exceed $11,318,000 shall be available for the
Office of Intelligence, Security, and Emergency Response; and not to
exceed $16,745,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of Transportation is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such transfers:
Provided further, That notice of any change in funding greater than 7
percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That not to exceed
$60,000 shall be for allocation within the Department for official
reception and representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of law,
excluding fees authorized in Public Law 107-71, there may be credited
to this appropriation up to $2,500,000 in funds received in user fees:
Provided further, That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $23,465,109, of which $2,618,000
shall remain available until September 30, 2020, and of which
$15,000,000, to remain available until expended, is for new competitive
grants under 49 U.S.C. 5505 to a national center for congestion
research and a national center for infrastructure research: Provided,
That such amounts are in addition to amounts previously provided for
such program: Provided further, That such amounts for additional
national centers are provided notwithstanding 49 U.S.C. 5505(c)(2)(A):
Provided further, That there may be credited to this appropriation, to
be available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training: Provided further, That any reference
in law, regulation, judicial proceedings, or elsewhere to the Research
and Innovative Technology Administration shall continue to be deemed to
be a reference to the Office of the Assistant Secretary for Research
and Technology of the Department of Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$1,500,000,000, to remain available through September 30, 2020:
Provided, That the Secretary of Transportation shall distribute funds
provided under this heading as discretionary grants to be awarded to a
State, local government, transit agency, or a collaboration among such
entities on a competitive basis for projects that will have a
significant local or regional impact: Provided further, That projects
eligible for funding provided under this heading shall include, but not
be limited to, highway or bridge projects eligible under title 23,
United States Code; public transportation projects eligible under
chapter 53 of title 49, United States Code; passenger and freight rail
transportation projects; and port infrastructure investments (including
inland port infrastructure and land ports of entry): Provided further,
That of the amount made available under this heading, the Secretary may
use an amount not to exceed $15,000,000 for the planning, preparation
or design of projects eligible for funding under this heading:
Provided further, That grants awarded under the previous proviso shall
not be subject to a minimum grant size: Provided further, That the
Secretary may use up to 20 percent of the funds made available under
this heading for the purpose of paying the subsidy and administrative
costs of projects eligible for Federal credit assistance under chapter
6 of title 23, United States Code, if the Secretary finds that such use
of the funds would advance the purposes of this paragraph: Provided
further, That in distributing funds provided under this heading, the
Secretary shall take such measures so as to ensure an equitable
geographic distribution of funds, an appropriate balance in addressing
the needs of urban and rural areas, and the investment in a variety of
transportation modes: Provided further, That a grant funded under this
heading shall be not less than $5,000,000 and not greater than
$25,000,000: Provided further, That not more than 10 percent of the
funds made available under this heading may be awarded to projects in a
single State: Provided further, That the Federal share of the costs
for which an expenditure is made under this heading shall be, at the
option of the recipient, up to 80 percent: Provided further, That the
Secretary shall give priority to projects that require a contribution
of Federal funds in order to complete an overall financing package:
Provided further, That not less than 30 percent of the funds provided
under this heading shall be for projects located in rural areas:
Provided further, That for projects located in rural areas, the minimum
grant size shall be $1,000,000 and the Secretary may increase the
Federal share of costs above 80 percent: Provided further, That
projects conducted using funds provided under this heading must comply
with the requirements of subchapter IV of chapter 31 of title 40,
United States Code: Provided further, That the Secretary shall conduct
a new competition to select the grants and credit assistance awarded
under this heading: Provided further, That the Secretary may retain up
to $25,000,000 of the funds provided under this heading, and may
transfer portions of those funds to the Administrators of the Federal
Highway Administration, the Federal Transit Administration, the Federal
Railroad Administration, and the Maritime Administration to fund the
award and oversight of grants and credit assistance made under the
National Infrastructure Investments program: Provided further, That
none of the funds provided in the previous proviso may be used to hire
additional personnel: Provided further, That the Secretary shall not
use the Federal share as a selection criteria in awarding projects:
Provided further, That the Secretary shall issue the Notice of Funding
Opportunity under the previous proviso no later than 60 days after
enactment of this Act: Provided further, That the Notice of Funding
Opportunity shall require application submissions 90 days after the
publishing of such Notice: Provided further, That of the applications
submitted under the previous two provisos, the Secretary shall make
grants no later than 270 days after enactment of this Act in such
amounts that the Secretary determines.
national surface transportation and innovative finance bureau
For necessary expenses for the administration of the National
Surface Transportation and Innovative Finance Bureau (the Bureau)
within the Office of the Secretary of Transportation, $3,000,000, to
remain available until expended: Provided, That the Secretary of
Transportation shall use such amount for the necessary expenses to
fulfill the responsibilities of the Bureau, as detailed in section 9001
of the Fixing America's Surface Transportation (FAST) Act (Public Law
114-94) (49 U.S.C. 116): Provided further, That the Secretary is
required to receive the advance approval of the House and Senate
Committees on Appropriations prior to exercising the authorities of 49
U.S.C. 116(h): Provided further, That the program be available to
other Federal agencies, States, municipalities and project sponsors
seeking Federal transportation expertise in obtaining financing.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $6,000,000, to remain available through September 30, 2020.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
and implementation of enhanced security controls on network devices,
$15,000,000, to remain available through September 30, 2019.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,500,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $14,000,000: Provided,
That of such amount, $1,500,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department as
provided for under the previous proviso.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $202,245,000, shall be paid
from appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided further,
That no assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House and
Senate Committees on Appropriations and are approved by such
Committees.
minority business resource center program
For necessary expenses of the Minority Business Resource Center,
the provision of financial education outreach activities to eligible
transportation-related small businesses, the monitoring of existing
loans in the guaranteed loan program, and the modification of such
loans of the Minority Business Resource Center, $500,301, as authorized
by 49 U.S.C. 332; Provided, That notwithstanding that section, these
funds may be for business opportunities related to any mode of
transportation.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain available
until September 30, 2019: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related to any
mode of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $155,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That basic essential air service
minimum requirements shall not include the 15-passenger capacity
requirement under subsection 41732(b)(3) of title 49, United States
Code: Provided further, That none of the funds in this Act or any
other Act shall be used to enter into a new contract with a community
located less than 40 miles from the nearest small hub airport before
the Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be distributed for
the essential air service program under subsection 41742(b) of title
49, United States Code, shall be made available immediately from
amounts otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may reimburse
such amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
hereby authorized to provide partial or full payments in advance and
accept subsequent reimbursements from all Federal agencies from
available funds for transit benefit distribution services that are
necessary to carry out the Federal transit pass transportation fringe
benefit program under Executive Order No. 13150 and section 3049 of
Public Law 109-59: Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve will not
exceed one month of benefits payable and may be used only for the
purpose of providing for the continuation of transit benefits:
Provided further, That the Working Capital Fund will be fully
reimbursed by each customer agency from available funds for the actual
cost of the transit benefit.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, in addition to amounts made available by Public Law
112-95, $10,211,754,000, to remain available until September 30, 2019,
of which $8,851,000,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $7,692,786,000 shall be available
for air traffic organization activities; not to exceed $1,310,000,000
shall be available for aviation safety activities; not to exceed
$22,587,000 shall be available for commercial space transportation
activities; not to exceed $801,506,000 shall be available for finance
and management activities; not to exceed $60,000,000 shall be available
for NextGen and operations planning activities; not to exceed
$112,622,000 shall be available for security and hazardous materials
safety; and not to exceed $212,253,000 shall be available for staff
offices: Provided, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 5 percent: Provided further, That any transfer in excess of
5 percent shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section: Provided further, That not later than March 31 of each fiscal
year hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to the
report submitted to Congress in December 2004 pursuant to section 221
of Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after March 31
that such report has not been submitted to the Congress: Provided
further, That not later than March 31 of each fiscal year hereafter,
the Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after March 31 that such report has
not been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be
available for new applicants for the second career training program:
Provided further, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or implement any
regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $165,000,000 shall be
used to fund direct operations of the current 253 air traffic control
towers in the contract tower program, including the contract tower cost
share program, and any airport that is currently qualified or that will
qualify for the program during the fiscal year: Provided further, That
not later than 30 days after enactment of this Act, the Secretary of
Transportation shall transmit to Congress the final disposition of the
Benefit Cost Analysis for applications for participation in the
Contract Tower Program and for reevaluation of Cost-share Program
participants pending as of January 1, 2016, as mandated by section 119C
of division K of the Consolidated Appropriations Act, 2017 (Public Law
115-31): Provided further, That none of the funds in this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise made
available by this Act or any other Act may be used to eliminate the
Contract Weather Observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$3,250,000,000, of which $498,000,000 shall remain available until
September 30, 2019, $2,602,000,000 shall remain available until
September 30, 2020, and $150,000,000 shall remain available until
expended: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment, improvement, and modernization of national airspace
systems: Provided further, That no later than March 31, the Secretary
of Transportation shall transmit to the Congress an investment plan for
the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2019 through 2023, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $188,926,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2020: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2018, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding section
47109(a) of title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) for subgrants or paragraph
(3) of that section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor received a
grant in fiscal year 2011 for the construction project: Provided
further, That notwithstanding any other provision of law, of funds
limited under this heading, not more than $111,863,000 shall be
available for administration, not less than $15,000,000 shall be
available for the Airport Cooperative Research Program, not less than
$33,210,000 shall be available for Airport Technology Research, and
$10,000,000, to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and Expenses'' to
carry out the Small Community Air Service Development Program:
Provided further, That in addition to airports eligible under section
41743 of title 49, such program may include the participation of an
airport that serves a community or consortium that is not larger than a
small hub airport, according to FAA hub classifications effective at
the time the Office of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $1,000,000,000, to remain
available through September 30, 2020: Provided, That amounts made
available under this heading shall be derived from the general fund,
and such funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471:
Provided further, That the Secretary shall distribute funds provided
under this heading as discretionary grants to airports: Provided
further, That the Secretary shall give priority consideration to
projects at (a) nonprimary airports that are classified as Regional,
Local, or Basic airports and are not located within a Metropolitan or
Micropolitan Statistical Area as defined by the Office of Management
and Budget, or (b) primary airports that are classified as Small or
Nonhub airports: Provided further, That the Federal share payable of
the costs for which a grant is made under this heading to a nonprimary
airport shall be 100 percent: Provided further, That the amount made
available under this heading shall not be subject to any limitation on
obligations for the Grants-in-Aid for Airports program set forth in any
Act: Provided further, That the Administrator of the Federal Aviation
Administration may retain up to 0.5 percent of the funds provided under
this heading to fund the award and oversight by the Administrator of
grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2018.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition
of funds in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require airport
sponsors to provide land without cost to the Federal Aviation
Administration for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal Aviation
Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number from any
display of the Federal Aviation Administration's Aircraft Situational
Display to Industry data that is made available to the public, except
data made available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds in this Act shall be available for
salaries and expenses of more than eight political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119. None of the funds made available under this Act may be
used to increase fees pursuant to section 44721 of title 49, United
States Code, until the Federal Aviation Administration provides to the
House and Senate Committees on Appropriations a report that justifies
all fees related to aeronautical navigation products and explains how
such fees are consistent with Executive Order 13642.
Sec. 119A. None of the funds in this Act may be used to close a
regional operations center of the Federal Aviation Administration or
reduce its services unless the Administrator notifies the House and
Senate Committees on Appropriations not less than 90 full business days
in advance.
Sec. 119B. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 119C. None of the funds provided under this Act may be used
by the Administrator of the Federal Aviation Administration to withhold
from consideration and approval any application for participation in
the Contract Tower Program, or for reevaluation of Cost-share Program
participants, pending as of January 1, 2016, as long as the Federal
Aviation Administration has received an application from the airport,
and as long as the Administrator determines such tower is eligible
using the factors set forth in the Federal Aviation Administration
report, Establishment and Discontinuance Criteria for Airport Traffic
Control Towers (FAA-APO-90-7 as of August, 1990).
Sec. 119D. Notwithstanding any other provision of law, none of the
funds made available in this Act may be obligated or expended to limit
the use of an Organization Designation Authorization's (ODA) delegated
functions documented in its procedures manual on a type certification
project unless the Administrator documents a systemic airworthiness
noncompliance performance issue as a result of inspection or oversight
that the safety of air commerce requires a limitation with regard to a
specific authorization or where an ODA's capability has not been
previously established in terms of a new compliance method or design
feature: Provided, That in such cases FAA shall work with the ODA
holder if requested to develop the capability to execute that function
safely, efficiently and effectively.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $439,443,925, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration. In addition, $3,248,000 shall be
transferred to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of Federal-aid
highway and highway safety construction programs authorized under
titles 23 and 49, United States Code, and the provisions of the Fixing
America's Surface Transportation Act shall not exceed total obligations
of $44,234,212,000 for fiscal year 2018: Provided, That the Secretary
may collect and spend fees, as authorized by title 23, United States
Code, to cover the costs of services of expert firms, including
counsel, in the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to administrative expenses that are also available for
such purpose, and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of title 23,
United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $44,973,212,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of Transportation
$2,525,000,000: Provided, That the amounts made available under this
heading shall be derived from the general fund, shall be in addition to
any funds provided for fiscal year 2018 in this or any other Act for
``Federal-aid Highways'' under chapter 1 of title 23, United States
Code, and shall not affect the distribution or amount of funds provided
in any other Act: Provided further, That section 1101(b) of Public Law
114-94 shall apply to funds made available under this heading:
Provided further, That of the funds made available under this heading,
$1,980,000,000 shall be set aside for activities eligible under section
133(b)(1)(A) of title 23, United States Code, $15,800,000 shall be set
aside for activities eligible under the Puerto Rico Highway Program as
described in section 165(b)(2)(C) of such title, $4,200,000 shall be
set aside for activities eligible under the Territorial Highway
Program, as described in section 165(c)(6) of such title, and
$300,000,000 shall be set aside for the nationally significant Federal
lands and tribal projects program under section 1123 of the Fixing
America's Surface Transportation (FAST) Act (Public Law 114-94):
Provided further, That the funds made available under this heading for
activities eligible under section 133(b)(1)(A) of title 23, United
States Code, shall be apportioned to the States in the same ratio as
the obligation limitation for fiscal year 2018 is distributed among the
States in section 120(a)(5) of this Act: Provided further, That the
funds made available under this heading for activities eligible under
section 133(b)(1)(A) of title 23, United States Code, shall be
suballocated in the manner described in section 133(d) of such title,
except that the set-aside described in section 133(h) of such title
shall not apply to funds made available under this heading: Provided
further, That the funds made available under this heading for
activities eligible under section 133(b)(1)(A) of such title shall be
administered as if apportioned under chapter 1 of such title and shall
remain available through September 30, 2021: Provided further, That,
except as provided in the following proviso, the funds made available
under this heading for activities eligible under the Puerto Rico
Highway Program and activities eligible under the Territorial Highway
Program shall be administered as if allocated under sections 165(b) and
165(c), respectively, of such title and shall remain available through
September 30, 2021: Provided further, That the funds made available
under this heading for activities eligible under the Puerto Rico
Highway Program shall not be subject to the requirements of sections
165(b)(2)(A) or 165(b)(2)(B) of such title: Provided further, That
notwithstanding section 1123(h) of the FAST Act, the funds made
available under this heading for the nationally significant Federal
lands and tribal projects program in section 1123 of such Act shall
remain available until expended: Provided further, That of the funds
made available under this heading, $225,000,000, to remain available
through September 30, 2021, shall be set aside for a competitive
highway bridge program for States that have a population density of
less than 100 individuals per square mile: Provided further, That the
funds made available by the previous proviso shall be (1) used for
highway bridge replacement or rehabilitation projects on public roads
that demonstrate cost savings by bundling multiple highway bridge
projects and (2) administered as if apportioned under chapter 1 of
title 23, United States Code: Provided further, That for purpose of
the previous two provisos, the Secretary shall calculate population
density figures based on the latest available data from the decennial
census conducted under section 141(a) of title 13, United States Code.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2018, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for Federal-
aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code; and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation for
Federal-aid highways that is equal to the unobligated balance of
amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or apportioned
by the Secretary under sections 202 or 204 of title 23, United
States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs
(1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal year),
less the aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by the
Secretary under the Fixing America's Surface Transportation Act and
title 23, United States Code, or apportioned by the Secretary under
sections 202 or 204 of that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraph
(4), for Federal-aid highway and highway safety construction
programs that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned for the
National Highway Performance Program in section 119 of title 23,
United States Code, that are exempt from the limitation under
subsection (b)(12) and the amounts apportioned under sections 202
and 204 of that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of
1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for the 21st
Century (112 Stat. 107) or subsequent Acts for multiple years or to
remain available until expended, but only to the extent that the
obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as in effect
for fiscal years 2005 through 2012, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
1248), to the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation;
and
(12) section 119 of title 23, United States Code (but, for each
of fiscal years 2013 through 2018, only in an amount equal to
$639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot be
obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during
that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of Public Law 112-
141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried out
under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface Transportation
Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding funds
authorized for the program under section 202 of title 23, United
States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under section
204 of title 23, United States Code), and will not be available
for obligation, for such fiscal year because of the imposition
of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same proportion as the distribution of obligation authority
under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary of Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but
not be limited to, the name of the project sponsor; a description of
the project; whether credit assistance will be provided as a direct
loan, loan guarantee, or line of credit; and the amount of credit
assistance.
Sec. 124. None of the funds in this Act may be used to make a
grant for a project under section 117 of title 23, United States Code,
unless the Secretary, at least 60 days before making a grant under that
section, provides written notification to the House and Senate
Committees on Appropriations of the proposed grant, including an
evaluation and justification for the project and the amount of the
proposed grant award: Provided, That the written notification required
in the previous proviso shall be made no later than 180 days after
enactment of this Act.
Sec. 125. For this fiscal year, the Federal Highway Administration
shall reinstate Interim Approval IA-5, relating to the provisional use
of an alternative lettering style on certain highway guide signs, as it
existed before its termination, as announced in the Federal Register on
January 25, 2016 (81 Fed. Reg. 4083).
Sec. 126. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this section
and submits a quarterly report to the Secretary identifying the
projects to which the funding would be applied. Notwithstanding the
original period of availability of funds to be obligated under this
section, such funds and associated obligation limitation shall remain
available for obligation for a period of 3 fiscal years after the
fiscal year in which the Secretary of Transportation is notified. The
Federal share of the cost of a project carried out with funds made
available under this section shall be the same as associated with the
earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule XLIV
of the Standing Rules of the Senate, identified in a prior law,
report, or joint explanatory statement, which was authorized to be
appropriated or appropriated more than 10 fiscal years prior to the
current fiscal year, and administered by the Federal Highway
Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives identified in a prior law,
report, or joint explanatory statement, which was authorized to be
appropriated or appropriated more than 10 fiscal years prior to the
current fiscal year, and administered by the Federal Highway
Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 50 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter to the
House and Senate Committees on Appropriations.
Sec. 127. Section 127 of title 23, United States Code, is amended
by adding at the end the following:
``(u) Vehicles in North Dakota.--A vehicle limited or prohibited
under this section from operating on a segment of the Interstate System
in the State of North Dakota may operate on such a segment if such
vehicle--
``(1) has a gross vehicle weight of 129,000 pounds or less;
``(2) other than gross vehicle weight, complies with the single
axle, tandem axle, and bridge formula limits set forth in
subsection (a); and
``(3) is authorized to operate on such segment under North
Dakota State law.''.
Sec. 128. Section 1105(c)(89) of Public Law 102-240, as amended,
is amended to read as follows:
``(89) I-57 Corridor Extension as follows: In Arkansas, the
corridor shall follow United States Route 67 in North Little Rock,
Arkansas, from I-40 to United States Route 412, then continuing
generally northeast to the State line, and in Missouri, the
corridor shall continue generally north from the Arkansas State
line to Poplar Bluff, Missouri, and then follow United States Route
60 to I-57.''.
Sec. 129. Section 1012(e) of Public Law 102-240 is amended by
inserting ``(1)'' before ``Notwithstanding'' and adding at the end the
following:
``(2) Upon the request of any State Department of
Transportation that was authorized to enter into a tolling
agreement under section 120(c) of Public Law 100-17 (101 STAT.
159), the Secretary is authorized to modify the agreement entered
into under Public Law 100-17, as follows. The Secretary shall
authorize the use of excess toll revenues for any other purpose for
which Federal funds may be obligated under title 23, United States
Code, provided the State--
``(A) certifies annually that the tolled facility is being
adequately maintained; and
``(B) agrees to comply with the audit requirements in
section 129(a)(3)(B) of title 23, United States Code.
``(3) For the purposes of paragraph (2), `excess toll revenues'
means revenues in excess of amounts necessary for operation and
maintenance; debt service; reasonable return on investment of any
private person or entity that may be authorized by the State to
operate and maintain the facility; and any cost necessary for
improvement, including reconstruction, resurfacing, restoration,
and rehabilitation.''.
Sec. 129A. Section 127(a)(10) of title 23, United States Code, is
amended to read--
``(10) With respect to Interstate Routes 89, 93, and 95 in the
State of New Hampshire--
``(A) State laws (including regulations) concerning vehicle
weight limitations that were in effect on January 1, 1987, and
are applicable to State highways other than the Interstate
System, shall be applicable in lieu of the requirements of this
subsection; and
``(B) effective June 30, 2016, a combination of truck-
tractor and dump trailer equipped with 6 axles or more with a
gross weight of up to 99,000 pounds shall be permitted if the
distances between the extreme axles, excluding the steering
axle, is 28 feet or more.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code, as
amended by the Fixing America's Surface Transportation Act,
$283,000,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration, the sum of
which shall remain available until expended: Provided, That funds
available for implementation, execution or administration of motor
carrier safety operations and programs authorized under title 49,
United States Code, shall not exceed total obligations of $283,000,000
for ``Motor Carrier Safety Operations and Programs'' for fiscal year
2018, of which $9,073,000, to remain available for obligation until
September 30, 2020, is for the research and technology program, and of
which $34,824,000, to remain available for obligation until September
30, 2020, is for information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $374,800,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $374,800,000 in fiscal
year 2018 for ``Motor Carrier Safety Grants''; of which $298,900,000
shall be available for the motor carrier safety assistance program,
$31,800,000 shall be available for the commercial driver's license
program implementation program, $43,100,000 shall be available for the
high priority activities program, and $1,000,000 shall be available for
the commercial motor vehicle operators grant program: Provided
further, That of the unobligated amounts provided for Commercial
Vehicle Information Systems Network Development or other Motor Carrier
Safety grants in the Transportation Equity Act for the 21st Century
(Public Law 105-178), SAFETEA-LU (Public Law 109-59), or other
appropriation or authorization acts prior to fiscal year 2017,
$87,000,000 in additional obligation limitation is provided for the
modernization and maintenance of border facilities, and shall remain
available until September 30, 2022: Provided further, That of the
unobligated amounts provided for Commercial Vehicle Information Systems
Network Development or other Motor Carrier Safety grants in the
Transportation Equity Act for the 21st Century (Public Law 105-178),
SAFETEA-LU (Public Law 109-59), or other appropriation or authorization
acts prior to fiscal year 2017, $100,000,000 in additional obligation
limitation is provided for a highly automated vehicle research and
development program and shall remain available until expended, of which
not less than $60,000,000 shall be for demonstration grants, and of
which not less than $38,000,000 shall be for research activities:
Provided further, That the activities funded by the previous proviso
may be accomplished through direct expenditure, direct research
activities, grants, cooperative agreements, contracts, intra or
interagency agreements, or other agreements with public organizations:
Provided further, That such amounts, payments, and obligation
limitation as may be necessary to carry out highly automated vehicle
research and development program activities may be transferred and
credited to appropriate accounts of other participating Federal
agencies: Provided further, That $187,000,000 for payment of
obligations incurred in carrying out this section shall be derived from
the Highway Trust Fund (other than the Mass Transit Account), to be
available until expended.
administrative provisions--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of Public
Law 107-87 and section 6901 of Public Law 110-28.
Sec. 131. The Federal Motor Carrier Safety Administration shall
send notice of 49 CFR section 385.308 violations by certified mail,
registered mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the violations.
Sec. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such
title, transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or
insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code,
$189,075,000, of which $40,000,000 shall remain available through
September 30, 2019.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, section 4011 of the FAST Act (Public Law 114-94), and
chapter 303 of title 49, United States Code, $149,000,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal year
2018, are in excess of $149,000,000, of which $143,700,000 shall be for
programs authorized under 23 U.S.C. 403 and $5,300,000 shall be for the
National Driver Register authorized under chapter 303 of title 49,
United States Code: Provided further, That within the $149,000,000
obligation limitation for operations and research, $20,000,000 shall
remain available until September 30, 2019, and shall be in addition to
the amount of any limitation imposed on obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America's Surface Transportation Act, to remain available until
expended, $597,629,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account): Provided, That none of the
funds in this Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year 2018, are in
excess of $597,629,000 for programs authorized under 23 U.S.C. 402,
404, and 405, and section 4001(a)(6) of the Fixing America's Surface
Transportation Act, of which $261,200,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402; $280,200,000 shall be for ``National
Priority Safety Programs'' under 23 U.S.C. 405; $29,900,000 shall be
for ``High Visibility Enforcement Program'' under 23 U.S.C. 404;
$26,329,000 shall be for ``Administrative Expenses'' under section
4001(a)(6) of the Fixing America's Surface Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as described in
subsection (d) of that section) shall be available for technical
assistance to the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(8), any amounts
transferred to increase the amounts made available under section 402
shall include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and Senate
Committees on Appropriations of any exercise of the authority granted
under the previous proviso or under 23 U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. None of the funds made available by this Act may be used
to obligate or award funds for the National Highway Traffic Safety
Administration's National Roadside Survey.
Sec. 143. None of the funds made available by this Act may be used
to mandate global positioning system (GPS) tracking in private
passenger motor vehicles without providing full and appropriate
consideration of privacy concerns under 5 U.S.C. chapter 5, subchapter
II.
Sec. 144. In addition to the amounts made available under the
heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
carrying out the provisions of section 403 of title 23, United States
Code, $11,500,000, to remain available until September 30, 2019, shall
be made available to the National Highway Traffic Safety Administration
from the general fund, of which not to exceed $5,000,000 shall be
available to provide funding for grants, pilot program activities, and
innovative solutions to reduce alcohol-impaired-driving fatalities and
other causes of the recent increase in highway fatalities from impaired
driving in collaboration with eligible entities under section 403 of
title 23, United States Code, and not to exceed $6,500,000 shall be
available to continue a high visibility enforcement paid-media campaign
regarding highway-rail grade crossing safety in collaboration with the
Federal Railroad Administration.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $221,698,000, of which $15,900,000 shall remain
available until expended, and of which up to $350,000 shall be
available for the Secretary of Transportation to assist Class II and
Class III railroads in preparing to apply and applying for direct loans
and loan guarantees for eligible projects pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210) to also remain available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
For the cost of direct loans and loan guarantees pursuant to
sections 501 through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), as amended, $25,000,000, to
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided further,
That the Secretary of Transportation is authorized to issue direct
loans and loan guarantees pursuant to sections 501 through 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended, such authority shall exist as long as any such
direct loan or loan guarantee is outstanding: Provided further, That,
for direct loans and loan guarantees issued pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, the Secretary, in consultation
with the Director of the Office of Management and Budget, not later
than 120 days after the date of enactment of this Act, shall define
each cohort as the loans provided for that fiscal year, creating
individual fiscal year cohorts for each fiscal year in which a loan was
provided from the date of enactment of Public Law 105-178 to the date
of enactment of Public Law 114-94: Provided further, That, when all
obligations attached to a cohort as defined under the previous proviso
have been satisfied, the Secretary shall repay the credit risk premiums
of loans in the cohort, with interest accrued thereon, not later than
180 days after the date of enactment of this Act or, for a cohort with
obligations that have not yet been satisfied, not later than 60 days
after the date on which all obligations attached to the cohort have
been satisfied: Provided further, That the Secretary shall not treat
the repayment of a loan after the date of enactment of Public Law 114-
94 as precluding, limiting, or negatively affecting the satisfaction of
the obligation of its cohort for a fiscal year prior to the enactment
of Public Law 114-94.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership for
State of Good Repair Grants as authorized by section 24911 of title 49,
United States Code, $250,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of award and project
management oversight of grants carried out under section 24911 of title
49, United States Code: Provided further, That section 24911(e)(1) of
title 49, United States Code, is amended by striking ``transportation''
and inserting ``transportation at the eligible project location''.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants, as authorized by section 24407 of title
49, United States Code, $592,547,000, to remain available until
expended, of which $250,000,000 shall be available for eligible
projects under section 24407(c)(1) of title 49, United States Code, for
the implementation of positive train control systems, and of which
$35,547,000 shall be available for eligible projects under section
24407(c)(2) of title 49, United States Code, that contribute to the
initiation or restoration of intercity passenger rail service:
Provided, That the Secretary shall not preclude projects from
consideration for funding under the previous proviso due to a lack of
agreement among the funding recipients, operator, and host railroad
regarding access to and use of the host railroad facilities, if an
agreement or order for the use of such facilities may occur under
section 24308 of title 49, United States Code: Provided further, That
section 24405(f) of title 49, United States Code, shall not apply to
projects for the implementation of positive train control systems
otherwise eligible under section 24407(c)(1) of title 49, United States
Code: Provided further, That amounts available under this heading for
projects selected for commuter rail passenger transportation may be
transferred by the Secretary, after selection, to the appropriate
agencies to be administered in accordance with chapter 53 of title 49,
United States Code: Provided further, That the Secretary shall not
limit eligible projects from consideration for funding for planning,
engineering, environmental, construction, and design elements of the
same project in the same application: Provided further, That
unobligated balances remaining after four years from the date of
enactment may be used for any eligible project under section 24407(c)
of title 49, United States Code: Provided further, That the Secretary
may withhold up to one percent of the amount provided under this
heading for the costs of award and project management oversight of
grants carried out under section 24407 of title 49, United States Code.
restoration and enhancement
For necessary expenses related to Restoration and Enhancement
Grants, as authorized by section 24408 of title 49, United States Code,
$20,000,000, to remain available until expended: Provided, That the
Secretary may withhold up to one percent of the funds provided under
this heading to fund the costs of award and project management and
oversight.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$650,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under both this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading to fund the costs of
project management and oversight of activities authorized by section
11101(c) of division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized under
section 11101(c) of division A of Public Law 114-94, the Secretary may
retain up to an additional $5,000,000 of the funds provided under this
heading to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code: Provided further, That of the amounts made available under this
heading and the ``National Network Grants to the National Railroad
Passenger Corporation'' heading, not less than $50,000,000 shall be
made available to bring Amtrak-served facilities and stations into
compliance with the Americans with Disabilities Act.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,291,600,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided under this heading to fund expenses associated with the State-
Supported Route Committee established under section 24712 of title 49,
United States Code: Provided further, That up to $5,000,000 of the
amount provided under this heading shall be available for costs
associated with any matters Amtrak may elect to bring before the
Surface Transportation Board related to passenger rail service:
Provided further, That at least $50,000,000 of the amount provided
under this heading shall be available for the development, installation
and operation of railroad safety technology, including the
implementation of a positive train control system, on State-supported
routes as defined under section 24102(13) of title 49, United States
Code, on which positive train control systems are not required by law
or regulation.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: Provided, That the President
of Amtrak may waive the cap set in the previous proviso for specific
employees when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system: Provided
further, That the President of Amtrak shall report to the House and
Senate Committees on Appropriations each quarter within 30 days of such
quarter of the calendar year on waivers granted to employees and
amounts paid above the cap for each month within such quarter and
delineate the reasons each waiver was granted: Provided further, That
the President of Amtrak shall report to the House and Senate Committees
on Appropriations within 60 days of enactment of this Act, a summary of
all overtime payments incurred by the Corporation for 2017 and the
three prior calendar years: Provided further, That such summary shall
include the total number of employees that received waivers and the
total overtime payments the Corporation paid to those employees
receiving waivers for each month for 2017 and for the three prior
calendar years.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $113,165,000: Provided, That none of the funds provided
or limited in this Act may be used to create a permanent office of
transit security under this heading: Provided further, That upon
submission to the Congress of the fiscal year 2019 President's budget,
the Secretary of Transportation shall transmit to Congress the annual
report on New Starts, including proposed allocations for fiscal year
2019.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
and section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,300,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for
the implementation or execution of programs authorized under 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339,
and 5340, as amended by the Fixing America's Surface Transportation
Act, and section 20005(b) of Public Law 112-141, and section 3006(b) of
the Fixing America's Surface Transportation Act, shall not exceed total
obligations of $9,733,353,407 in fiscal year 2018: Provided further,
That the Federal share of the cost of activities carried out under
section 5312 shall not exceed 80 percent, except that if there is
substantial public interest or benefit, the Secretary may approve a
greater Federal share.
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339 of title 49, United States Code, state of good repair
grants under section 5337 of such title, high density state
apportionments under section 5340(d) of such title, and the bus testing
facilities under sections 5312 and 5318 of such title, $834,000,000 to
remain available until expended: Provided, That $400,000,000 shall be
available for grants as authorized under section 5339 of such title, of
which $209,104,000 shall be available for the buses and bus facilities
formula grants as authorized under section 5339(a) of such title,
$161,446,000 shall be available for the buses and bus facilities
competitive grants as authorized under section 5339(b) of such title,
and $29,450,000 shall be available for the low or no emission grants as
authorized under section 5339(c) of such title: Provided further, That
$400,000,000 shall be available for the state of good repair grants as
authorized under section 5337 of such title: Provided further, That
$30,000,000 shall be available for the high density state
apportionments as authorized under section 5340(d) of such title:
Provided further, That $2,000,000 shall be available for the bus
testing facility as authorized under section 5318 of such title:
Provided further, That notwithstanding section 5318(a) of such title,
$2,000,000 shall be available for the operation and maintenance of bus
testing facilities by institutions of higher education selected
pursuant to section 5312(h) of such title: Provided further, That the
Secretary shall enter into a contract or cooperative agreement with, or
make a grant to, each institution of higher education selected pursuant
to section 5312(h) of such title, to operate and maintain a facility to
conduct the testing of low or no emission vehicle new bus models using
the standards established pursuant to section 5318(e)(2) of such title:
Provided further, That the term ``low or no emission vehicle'' has the
meaning given the term in section 5312(e)(6) of such title: Provided
further, That the Secretary shall pay 80 percent of the cost of testing
a low or no emission vehicle new bus model at each selected institution
of higher education: Provided further, That the entity having the
vehicle tested shall pay 20 percent of the cost of testing: Provided
further, That a low or no emission vehicle new bus model tested that
receives a passing aggregate test score in accordance with the
standards established under section 5318(e)(2) of such title, shall be
deemed to be in compliance with the requirements of section 5318(e) of
such title: Provided further, That amounts made available by this
heading shall be derived from the general fund: Provided further, That
the amounts made available under this heading shall not be subject to
any limitation on obligations for transit programs set forth in any
Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
$2,644,960,000 to remain available until September 30, 2021: Provided,
That of the amounts made available under this heading, $2,252,508,586
shall be obligated by December 31, 2019: Provided further, That
$5,050,000 from unobligated amounts appropriated for the buses and bus
facilities program under section 5309 of such title from fiscal years
2000 to 2005 shall remain available until September 30, 2021 to carry
out section 5309: Provided further, That of the amounts made available
under this heading, $1,506,910,000 shall be available for projects
authorized under section 5309(d) of such title, $715,700,000 shall be
available for projects authorized under section 5309(e) of such title,
$400,900,000 shall be available for projects authorized under section
5309(h) of such title: Provided further, That the Secretary shall
continue to administer the capital investment grant program in
accordance with the procedural and substantive requirements of section
5309 of such title.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to approving such
grants, the Secretary shall certify that the Washington Metropolitan
Area Transit Authority is making progress to improve its safety
management system in response to the Federal Transit Administration's
2015 safety management inspection: Provided further, That the
Secretary shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those investments that
will improve the safety of the system before approving such grants:
Provided further, That the Secretary, in order to ensure safety
throughout the rail system, may waive the requirements of section
601(e)(1) of division B of Public Law 110-432.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2017, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 162. (a) Except as provided in subsection (b), none of the
funds in this or any other Act may be available to advance in any way a
new light or heavy rail project towards a full funding grant agreement
as defined by 49 U.S.C. 5309 for the Metropolitan Transit Authority of
Harris County, Texas if the proposed capital project is constructed on
or planned to be constructed on Richmond Avenue west of South Shepherd
Drive or on Post Oak Boulevard north of Richmond Avenue in Houston,
Texas.
(b) The Metropolitan Transit Authority of Harris County, Texas, may
attempt to construct or construct a new fixed guideway capital project,
including light rail, in the locations referred to in subsection (a)
if--
(1) voters in the jurisdiction that includes such locations
approve a ballot proposition that specifies routes on Richmond
Avenue west of South Shepherd Drive or on Post Oak Boulevard north
of Richmond Avenue in Houston, Texas; and
(2) the proposed construction of such routes is part of a
comprehensive, multi-modal, service-area wide transportation plan
that includes multiple additional segments of fixed guideway
capital projects, including light rail for the jurisdiction set
forth in the ballot proposition. The ballot language shall include
reasonable cost estimates, sources of revenue to be used and the
total amount of bonded indebtedness to be incurred as well as a
description of each route and the beginning and end point of each
proposed transit project.
Sec. 163. Notwithstanding any other provision of law, none of the
funds made available in this Act shall be used to enter into a full
funding grant agreement for a project with a New Starts share greater
than 51 percent.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities of those portions of the St. Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence Seaway
Development Corporation, $40,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662: Provided, That
of the amounts made available under this heading, not less than
$19,500,000 shall be used on asset renewal activities and shall remain
available through September 30, 2020.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $300,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $513,642,000, of which $22,000,000 shall remain
available until expended for maintenance and repair of training ships
at State Maritime Academies, and of which $300,000,000 shall remain
available until expended for the National Security Multi-Mission Vessel
Program, including funds for construction, planning, administration,
and design of school ships in accordance with section 3505 of Public
Law 114-328, as applicable, with unobligated balances from previous
appropriations for the National Security Multi-Mission Vessel Program
also available for and merged into this appropriation; and of which
$2,400,000 shall remain available through September 30, 2019, for the
Student Incentive Program at State Maritime Academies, and of which
$1,800,000 shall remain available until expended for training ship fuel
assistance payments, and of which $52,000,000 shall remain available
until expended for facilities maintenance and repair, equipment, and
capital improvements at the United States Merchant Marine Academy, and
of which $3,000,000 shall remain available through September 30, 2019,
for Maritime Environment and Technology Assistance program authorized
under section 50307 of title 46, United States Code, and of which
$7,000,000 shall remain available until expended for the Short Sea
Transportation Program (America's Marine Highways) to make grants for
the purposes authorized under sections 55601(b)(1) and (3) of title 46,
United States Code: Provided, That not later than January 12, 2019,
the Administrator of the Maritime Administration shall transmit to the
House and Senate Committees on Appropriations the annual report on
sexual assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3507 of Public Law 110-
417.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, as amended by Public Law 113-
281, $20,000,000 to remain available until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$116,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, $30,000,000, of which $27,000,000
shall remain available until expended: Provided, That such costs,
including the costs of modifying such loans, shall be defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That not to exceed $3,000,000 shall be for
administrative expenses to carry out the guaranteed loan program, which
shall be transferred to and merged with the appropriations for
``Operations and Training'', Maritime Administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Sec. 171. None of the funds available or appropriated in this Act
shall be used by the United States Department of Transportation or the
United States Maritime Administration to negotiate or otherwise
execute, enter into, facilitate or perform fee-for-service contracts
for vessel disposal, scrapping or recycling, unless there is no
qualified domestic ship recycler that will pay any sum of money to
purchase and scrap or recycle a vessel owned, operated or managed by
the Maritime Administration or that is part of the National Defense
Reserve Fleet: Provided, That such sales offers must be consistent
with the solicitation and provide that the work will be performed in a
timely manner at a facility qualified within the meaning of section
3502 of Public Law 106-398: Provided further, That nothing contained
herein shall affect the Maritime Administration's authority to award
contracts at least cost to the Federal Government and consistent with
the requirements of 54 U.S.C. 308704, section 3502, or otherwise
authorized under the Federal Acquisition Regulation.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $23,000,000: Provided, That the
Secretary of Transportation shall issue a final rule to expand the
applicability of comprehensive oil spill response plans within 5 days
of enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $59,000,000, of which $7,570,000 shall remain available
until September 30, 2020: Provided, That up to $800,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the general
fund of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$162,000,000, of which $23,000,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2020; and of which $131,000,000 shall be derived from the Pipeline
Safety Fund, of which $64,736,000 shall remain available until
September 30, 2020; and of which $8,000,000 shall be derived from fees
collected under 49 U.S.C. 60302 and deposited in the Underground
Natural Gas Storage Facility Safety Account for the purpose of carrying
out 49 U.S.C. 60141 and shall remain available until September 30,
2020: Provided, That not less than $1,058,000 of the funds provided
under this heading shall be for the One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
Notwithstanding the fiscal year limitation specified in 49 U.S.C.
5116, not more than $28,318,000 shall be made available for obligation
in fiscal year 2018 from amounts made available by 49 U.S.C. 5116(h),
and 5128(b) and (c): Provided, That notwithstanding 49 U.S.C.
5116(h)(4), not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs: Provided
further, That none of the funds made available by 49 U.S.C. 5116(h),
5128(b), or 5128(c) shall be made available for obligation by
individuals other than the Secretary of Transportation, or his or her
designee.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $92,152,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation: Provided further, That the funds
made available under this heading may be used to investigate, pursuant
to section 41712 of title 49, United States Code: (1) unfair or
deceptive practices and unfair methods of competition by domestic and
foreign air carriers and ticket agents; and (2) the compliance of
domestic and foreign air carriers with respect to item (1) of this
proviso.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902).
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by the
Department prior to the enactment of this Act shall be deemed
authorized.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 183. None of the funds in this Act shall be available for
salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement is announced by the
Department or its modal administrations: Provided, That the Secretary
gives concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
(b) In addition to the notification required in subsection (a),
none of the funds made available in this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, cooperative agreement or discretionary grant unless the
Secretary of Transportation provides the House and Senate Committees on
Appropriations a comprehensive list of all such loans, loan guarantees,
lines of credit, cooperative agreement or discretionary grants that
will be announced not less the 3 full business days before such
announcement: Provided, That the requirement to provide a list in this
subsection does not apply to any ``quick release'' of funds from the
emergency relief program: Provided further, That no list shall involve
funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the Department
of Transportation in recovering improper payments: Provided, That
amounts made available in this Act shall be available until
expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Improper Payments Information Act of 2002: Provided, That
amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with the
improper payment or payments is not readily available, the
Secretary may credit an appropriate account, which shall be
available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts: Provided
further, That prior to the transfer of any such recovery to an
appropriations account, the Secretary shall notify the House
and Senate Committees on Appropriations of the amount and
reasons for such transfer: Provided further, That for purposes
of this section, the term ``improper payments'' has the same
meaning as that provided in section 2(d)(2) of Public Law 107-
300.
Sec. 188. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of said reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and said reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 191. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49
U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other
hiring preference not otherwise authorized by law, or to amend a rule,
regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a pool
of readily available but unemployed individuals possessing the
knowledge, skill, and ability to perform the work that the contract
requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy such
hiring preference; and
(3) that any increase in the cost of labor, training, or delays
resulting from the use of such hiring preference does not delay or
displace any transportation project in the applicable Statewide
Transportation Improvement Program or Transportation Improvement
Program.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2018''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $14,708,000:
Provided, That not to exceed $19,876 of the amount made available under
this heading shall be available to the Secretary for official reception
and representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $518,303,000, of which $52,200,000 shall be available for the
Office of the Chief Financial Officer; $95,400,000 shall be available
for the Office of the General Counsel; $204,253,000 shall be available
for the Office of Administration; $39,300,000 shall be available for
the Office of the Chief Human Capital Officer; $53,500,000 shall be
available for the Office of Field Policy and Management; $19,500,000
shall be available for the Office of the Chief Procurement Officer;
$3,800,000 shall be available for the Office of Departmental Equal
Employment Opportunity; $4,950,000 shall be available for the Office of
Strategic Planning and Management; and $45,400,000 shall be available
for the Office of the Chief Information Officer: Provided, That funds
provided under this heading may be used for necessary administrative
and non-administrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be used for
advertising and promotional activities that directly support program
activities funded in this title: Provided further, That the Secretary
shall provide the House and Senate Committees on Appropriations
quarterly written notification regarding the status of pending
congressional reports: Provided further, That the Secretary shall
provide in electronic form all signed reports required by Congress:
Provided further, That within 30 days of enactment of this Act, the
Secretary shall submit to the House and Senate Committees on
Appropriations organization charts reflecting the Department's and each
office's structure (to the branch level) on October 1, 2017 and on the
date of enactment of this Act.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public and
Indian Housing, $216,633,000.
community planning and development
For necessary salaries and expenses of the Office of Community
Planning and Development, $107,554,000.
housing
For necessary salaries and expenses of the Office of Housing,
$383,000,000.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $24,065,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair Housing
and Equal Opportunity, $69,808,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead Hazard
Control and Healthy Homes, $7,600,000.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred to the
Fund under this heading shall be available for Federal shared services
used by offices and agencies of the Department, and for such portion of
any office or agency's printing, records management, space renovation,
furniture, or supply services as the Secretary determines shall be
derived from centralized sources made available by the Department to
all offices and agencies and funded through the Fund: Provided, That
of the amounts made available in this title for salaries and expenses
under the headings ``Executive Offices'', ``Administrative Support
Offices'', ``Program Office Salaries and Expenses'', and ``Government
National Mortgage Association'', the Secretary shall transfer to the
Fund such amounts, to remain available until expended, as are necessary
to fund services, specified in the matter preceding the first proviso,
for which the appropriation would otherwise have been available, and
may transfer not to exceed an additional $5,000,000, in aggregate, from
all such appropriations, to be merged with the Fund and to remain
available until expended for use for any office or agency: Provided
further, That amounts in the Fund shall be the only amounts available
to each office or agency of the Department for the services, or portion
of services, specified in the matter preceding the first proviso:
Provided further, That with respect to the Fund, the authorities and
conditions under this heading shall supplement the authorities and
conditions provided under section 7(f).
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $18,015,000,000, to remain available until
expended, shall be available on October 1, 2017 (in addition to the
$4,000,000,000 previously appropriated under this heading that shall be
available on October 1, 2017), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2018: Provided, That
the amounts made available under this heading are provided as follows:
(1) $19,600,000,000 shall be available for renewals of expiring
section 8 tenant-based annual contributions contracts (including
renewals of enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act) and
including renewal of other special purpose incremental vouchers:
Provided, That notwithstanding any other provision of law, from
amounts provided under this paragraph and any carryover, the
Secretary for the calendar year 2018 funding cycle shall provide
renewal funding for each public housing agency based on validated
voucher management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as established by
the Secretary, by notice published in the Federal Register, and by
making any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection, HOPE VI, and Choice Neighborhoods vouchers:
Provided further, That none of the funds provided under this
paragraph may be used to fund a total number of unit months under
lease which exceeds a public housing agency's authorized level of
units under contract, except for public housing agencies
participating in the MTW demonstration, which are instead governed
by the terms and conditions of their MTW agreements: Provided
further, That the Secretary shall, to the extent necessary to stay
within the amount specified under this paragraph (except as
otherwise modified under this paragraph), prorate each public
housing agency's allocation otherwise established pursuant to this
paragraph: Provided further, That except as provided in the
following provisos, the entire amount specified under this
paragraph (except as otherwise modified under this paragraph) shall
be obligated to the public housing agencies based on the allocation
and pro rata method described above, and the Secretary shall notify
public housing agencies of their annual budget by the latter of 60
days after enactment of this Act or March 1, 2018: Provided
further, That the Secretary may extend the notification period with
the prior written approval of the House and Senate Committees on
Appropriations: Provided further, That public housing agencies
participating in the MTW demonstration shall be funded pursuant to
their MTW agreements and shall be subject to the same pro rata
adjustments under the previous provisos: Provided further, That
the Secretary may offset public housing agencies' calendar year
2018 allocations based on the excess amounts of public housing
agencies' net restricted assets accounts, including HUD-held
programmatic reserves (in accordance with VMS data in calendar year
2017 that is verifiable and complete), as determined by the
Secretary: Provided further, That public housing agencies
participating in the MTW demonstration shall also be subject to the
offset, as determined by the Secretary, excluding amounts subject
to the single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2018 MTW funding
allocation: Provided further, That the Secretary shall use any
offset referred to in the previous two provisos throughout the
calendar year to prevent the termination of rental assistance for
families as the result of insufficient funding, as determined by
the Secretary, and to avoid or reduce the proration of renewal
funding allocations: Provided further, That up to $75,000,000
shall be available only: (1) for adjustments in the allocations for
public housing agencies, after application for an adjustment by a
public housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of vouchers resulting
from unforeseen circumstances or from portability under section
8(r) of the Act; (2) for vouchers that were not in use during the
previous 12-month period in order to be available to meet a
commitment pursuant to section 8(o)(13) of the Act; (3) for
adjustments for costs associated with HUD-Veterans Affairs
Supportive Housing (HUD-VASH) vouchers; and (4) for public housing
agencies that despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to
terminate rental assistance for families as a result of
insufficient funding: Provided further, That the Secretary shall
allocate amounts under the previous proviso based on need, as
determined by the Secretary;
(2) $85,000,000 shall be for section 8 rental assistance for
relocation and replacement of housing units that are demolished or
disposed of pursuant to section 18 of the Act, conversion of
section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement or
prosecution agency, enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act, HOPE VI
and Choice Neighborhood vouchers, mandatory and voluntary
conversions, and tenant protection assistance including replacement
and relocation assistance or for project-based assistance to
prevent the displacement of unassisted elderly tenants currently
residing in section 202 properties financed between 1959 and 1974
that are refinanced pursuant to Public Law 106-569, as amended, or
under the authority as provided under this Act: Provided, That
when a public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may provide
section 8 rental assistance when the units pose an imminent health
and safety risk to residents: Provided further, That the Secretary
may only provide replacement vouchers for units that were occupied
within the previous 24 months that cease to be available as
assisted housing, subject only to the availability of funds:
Provided further, That of the amounts made available under this
paragraph, $5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to loan
prepayment; (B) the expiration of a rental assistance contract for
which the tenants are not eligible for enhanced voucher or tenant
protection assistance under existing law; or (C) the expiration of
affordability restrictions accompanying a mortgage or preservation
program administered by the Secretary: Provided further, That such
tenant protection assistance made available under the previous
proviso may be provided under the authority of section 8(t) or
section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)): Provided further, That the Secretary shall issue
guidance to implement the previous provisos, including, but not
limited to, requirements for defining eligible at-risk households
within 60 days of the enactment of this Act: Provided further,
That any tenant protection voucher made available from amounts
under this paragraph shall not be reissued by any public housing
agency, except the replacement vouchers as defined by the Secretary
by notice, when the initial family that received any such voucher
no longer receives such voucher, and the authority for any public
housing agency to issue any such voucher shall cease to exist:
Provided further, That the Secretary may provide section 8 rental
assistance from amounts made available under this paragraph for
units assisted under a project-based subsidy contract funded under
the ``Project-Based Rental Assistance'' heading under this title
where the owner has received a Notice of Default and the units pose
an imminent health and safety risk to residents: Provided further,
That to the extent that the Secretary determines that such units
are not feasible for continued rental assistance payments or
transfer of the subsidy contract associated with such units to
another project or projects and owner or owners, any remaining
amounts associated with such units under such contract shall be
recaptured and used to reimburse amounts used under this paragraph
for rental assistance under the preceding proviso;
(3) $1,760,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section 8
tenant-based rental assistance program, of which up to $30,000,000
shall be available to the Secretary to allocate to public housing
agencies that need additional funds to administer their section 8
programs, including fees associated with section 8 tenant
protection rental assistance, the administration of disaster
related vouchers, Veterans Affairs Supportive Housing vouchers, and
other special purpose incremental vouchers: Provided, That no less
than $1,730,000,000 of the amount provided in this paragraph shall
be allocated to public housing agencies for the calendar year 2018
funding cycle based on section 8(q) of the Act (and related
Appropriation Act provisions) as in effect immediately before the
enactment of the Quality Housing and Work Responsibility Act of
1998 (Public Law 105-276): Provided further, That if the amounts
made available under this paragraph are insufficient to pay the
amounts determined under the previous proviso, the Secretary may
decrease the amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this paragraph
or may, to the extent necessary to provide full payment of amounts
determined under the previous proviso, utilize unobligated
balances, including recaptures and carryovers, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, excluding special
purpose vouchers, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements, and shall be subject to
the same uniform percentage decrease as under the previous proviso:
Provided further, That amounts provided under this paragraph shall
be only for activities related to the provision of tenant-based
rental assistance authorized under section 8, including related
development activities;
(4) $505,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and other
expenses of public housing agencies in administering the special
purpose vouchers in this paragraph shall be funded under the same
terms and be subject to the same pro rata reduction as the percent
decrease for administrative and other expenses to public housing
agencies under paragraph (3) of this heading: Provided further,
That any amounts provided under this paragraph in this Act or prior
Acts, remaining available after funding renewals and administrative
expenses under this paragraph, shall be available for incremental
tenant-based assistance contracts under such section 811, including
necessary administrative expenses;
(5) $5,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD-VA Supportive Housing to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian areas:
Provided, That such amount shall be made available for renewal
grants to recipients that received assistance under prior Acts
under the Tribal HUD-VA Supportive Housing program: Provided
further, That the Secretary shall be authorized to specify criteria
for renewal grants, including data on the utilization of assistance
reported by grant recipients: Provided further, That such
assistance shall be administered in accordance with program
requirements under the Native American Housing Assistance and Self-
Determination Act of 1996 and modeled after the HUD-VASH program:
Provided further, That the Secretary shall be authorized to waive,
or specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in connection
with the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary
that any such waivers or alternative requirements are necessary for
the effective delivery and administration of such assistance:
Provided further, That grant recipients shall report to the
Secretary on utilization of such rental assistance and other
program data, as prescribed by the Secretary: Provided further,
That the Secretary may reallocate, as determined by the Secretary,
amounts returned or recaptured from awards under prior acts;
(6) $40,000,000 for incremental rental voucher assistance for
use through a supported housing program administered in conjunction
with the Department of Veterans Affairs as authorized under section
8(o)(19) of the United States Housing Act of 1937: Provided, That
the Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 203 (competition
provision) of this title, to public housing agencies that partner
with eligible VA Medical Centers or other entities as designated by
the Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public housing
agency administrative performance, and other factors as specified
by the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for (in consultation
with the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with the
use of funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary
that any such waivers or alternative requirements are necessary for
the effective delivery and administration of such voucher
assistance: Provided further, That assistance made available under
this paragraph shall continue to remain available for homeless
veterans upon turn-over;
(7) $20,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue to
remain available for family unification upon turnover: Provided
further, That for any public housing agency administering voucher
assistance appropriated in a prior Act under the family unification
program that determines that it no longer has an identified need
for such assistance upon turnover, such agency shall notify the
Secretary, and the Secretary shall recapture such assistance from
the agency and reallocate it to any other public housing agency or
agencies based on need for voucher assistance in connection with
such program; and
(8) the Secretary shall separately track all special purpose
vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2018 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) (the ``Act'') $2,750,000,000, to remain available until
September 30, 2021: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2018, the Secretary of Housing
and Urban Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for Public and
Indian Housing any authority under paragraph (2) of section 9(j)
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future: Provided further, That up to $8,300,000 shall be to
support ongoing public housing financial and physical assessment
activities: Provided further, That up to $1,000,000 shall be to
support the costs of administrative and judicial receiverships:
Provided further, That of the total amount provided under this heading,
not to exceed $21,500,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this Act, to public housing
agencies for emergency capital needs including safety and security
measures necessary to address crime and drug-related activity as well
as needs resulting from unforeseen or unpreventable emergencies and
natural disasters excluding Presidentially declared emergencies and
natural disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2018:
Provided further, That of the amount made available under the previous
proviso, not less than $5,000,000 shall be for safety and security
measures: Provided further, That in addition to the amount in the
previous proviso for such safety and security measures, any amounts
that remain available, after all applications received on or before
September 30, 2019, for emergency capital needs have been processed,
shall be allocated to public housing agencies for such safety and
security measures: Provided further, That of the total amount provided
under this heading, up to $35,000,000 shall be for supportive services,
service coordinators and congregate services as authorized by section
34 of the Act (42 U.S.C. 1437z-6) and the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.):
Provided further, That of the total amount made available under this
heading, $15,000,000 shall be for a Jobs-Plus initiative modeled after
the Jobs-Plus demonstration: Provided further, That funding provided
under the previous proviso shall be available for competitive grants to
partnerships between public housing authorities, local workforce
investment boards established under section 117 of the Workforce
Investment Act of 1998, and other agencies and organizations that
provide support to help public housing residents obtain employment and
increase earnings: Provided further, That applicants must demonstrate
the ability to provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided further,
That the Secretary may allow public housing agencies to request
exemptions from rent and income limitation requirements under sections
3 and 6 of the United States Housing Act of 1937 as necessary to
implement the Jobs-Plus program, on such terms and conditions as the
Secretary may approve upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the effective
implementation of the Jobs-Plus initiative as a voluntary program for
residents: Provided further, That the Secretary shall publish by
notice in the Federal Register any waivers or alternative requirements
pursuant to the preceding proviso no later than 10 days before the
effective date of such notice: Provided further, That for funds
provided under this heading, the limitation in section 9(g)(1) of the
Act shall be 25 percent: Provided further, That the Secretary may
waive the limitation in the previous proviso to allow public housing
agencies to fund activities authorized under section 9(e)(1)(C) of the
Act: Provided further, That the Secretary shall notify public housing
agencies requesting waivers under the previous proviso if the request
is approved or denied within 14 days of submitting the request:
Provided further, That from the funds made available under this
heading, the Secretary shall provide bonus awards in fiscal year 2018
to public housing agencies that are designated high performers:
Provided further, That the Department shall notify public housing
agencies of their formula allocation within 60 days of enactment of
this Act.
public housing operating fund
For 2018 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,550,000,000,
to remain available until September 30, 2019.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $150,000,000, to remain available until September 30, 2020:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall provide a match in State, local, other
Federal or private funds: Provided further, That grantees may include
local governments, tribal entities, public housing authorities, and
nonprofits: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public housing
agency under section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject to the
regulations issued by the Secretary to implement such section:
Provided further, That of the amount provided, not less than
$75,000,000 shall be awarded to public housing agencies: Provided
further, That such grantees shall create partnerships with other local
organizations including assisted housing owners, service agencies, and
resident organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor, Transportation,
Health and Human Services, Agriculture, and Commerce, the Attorney
General, and the Administrator of the Environmental Protection Agency
to coordinate and leverage other appropriate Federal resources:
Provided further, That no more than $5,000,000 of funds made available
under this heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community: Provided
further, That unobligated balances, including recaptures, remaining
from funds appropriated under the heading ``Revitalization of Severely
Distressed Public Housing (HOPE VI)'' in fiscal year 2011 and prior
fiscal years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were appropriated:
Provided further, That the Secretary shall issue the Notice of Funding
Availability for funds made available under this heading no later than
60 days after enactment of this Act: Provided further, That the
Secretary shall make grant awards no later than 270 days after
enactment of this Act in such amounts that the Secretary determines.
family self-sufficiency
For the Family Self-Sufficiency program to support family self-
sufficiency coordinators under section 23 of the United States Housing
Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8(o) and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency, $75,000,000, to
remain available until September 30, 2019: Provided, That the
Secretary may, by Federal Register notice, waive or specify alternative
requirements under subsections b(3), b(4), b(5), or c(1) of section 23
of such Act in order to facilitate the operation of a unified self-
sufficiency program for individuals receiving assistance under
different provisions of the Act, as determined by the Secretary:
Provided further, That owners of a privately owned multifamily property
with a section 8 contract may voluntarily make a Family Self-
Sufficiency program available to the assisted tenants of such property
in accordance with procedures established by the Secretary: Provided
further, That such procedures established pursuant to the previous
proviso shall permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners to use funding
from residual receipt accounts to hire coordinators for their own
Family Self-Sufficiency program.
native american housing block grants
(including transfer of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$655,000,000, to remain available until September 30, 2022: Provided,
That, notwithstanding NAHASDA, to determine the amount of the
allocation under title I of such Act for each Indian tribe, the
Secretary shall apply the formula under section 302 of such Act with
the need component based on single-race census data and with the need
component based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the two
resulting allocation amounts: Provided further, That of the amounts
made available under this heading, $7,000,000 shall be for providing
training and technical assistance to Indian housing authorities and
tribally designated housing entities, to support the inspection of
Indian housing units, contract expertise, and for training and
technical assistance related to funding provided under this heading and
other headings under this Act for the needs of Native American families
and Indian country: Provided further, That of the funds made available
under the previous provisos, not less than $2,000,000 shall be made
available for a national organization as authorized under section 703
of NAHASDA (25 U.S.C. 4212): Provided further, That amounts made
available under the previous two provisos may be used, contracted, or
competed as determined by the Secretary: Provided further, That of the
amount provided under this heading, $2,000,000 shall be made available
for the cost of guaranteed notes and other obligations, as authorized
by title VI of NAHASDA: Provided further, That such costs, including
the costs of modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
the total principal amount of any notes and other obligations, any part
of which is to be guaranteed, not to exceed $17,391,304: Provided
further, That the Department will notify grantees of their formula
allocation within 60 days of the date of enactment of this Act:
Provided further, That for an additional amount for the Native American
Housing Block Grants program, as authorized under title I of NAHASDA,
$100,000,000 to remain available until September 30, 2022: Provided
further, That the Secretary shall obligate this additional amount for
competitive grants to eligible recipients authorized under NAHASDA that
apply for funds: Provided further, That in awarding this additional
amount, the Secretary shall consider need and administrative capacity,
and shall give priority to projects that will spur construction and
rehabilitation: Provided further, That up to 1 percent of this
additional amount may be transferred, in aggregate, to ``Program Office
Salaries and Expenses--Public and Indian Housing'' for necessary costs
of administering and overseeing the obligation and expenditure of this
additional amount: Provided further, That any funds transferred
pursuant to the previous proviso shall remain available until September
30, 2023.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $1,000,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, up to
$270,270,270, to remain available until expended: Provided further,
That up to $750,000 of this amount may be for administrative contract
expenses including management processes and systems to carry out the
loan guarantee program.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,000,000 to
remain available until September 30, 2022: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts provided under this heading in
investment securities and other obligations: Provided further, That
the language under the first proviso under the heading ``Native
Hawaiian Housing Block Grant'' in the Department of Housing and Urban
Development Appropriations Act, 2015 (Public Law 113-235) is amended by
striking ``Hawaii-based'': Provided further, That amounts made
available under this heading in this and prior fiscal years may be used
to provide rental assistance to eligible Native Hawaiian families both
on and off the Hawaiian Home Lands, notwithstanding any other provision
of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $375,000,000, to remain available until September 30,
2019, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2020: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(5)
of such Act from funds made available under this heading in fiscal year
2010 and prior fiscal years that meet all program requirements before
awarding funds for new contracts under such section: Provided further,
That the Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $3,365,000,000, to remain available until September 30,
2020, unless otherwise specified: Provided, That of the total amount
provided, $3,300,000,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (``the Act'' herein) (42 U.S.C.
5301 et seq.): Provided further, That unless explicitly provided for
under this heading, not to exceed 20 percent of any grant made with
funds appropriated under this heading shall be expended for planning
and management development and administration: Provided further, That
a metropolitan city, urban county, unit of general local government,
Indian tribe, or insular area that directly or indirectly receives
funds under this heading may not sell, trade, or otherwise transfer all
or any portion of such funds to another such entity in exchange for any
other funds, credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act: Provided
further, That notwithstanding section 105(e)(1) of the Act, no funds
provided under this heading may be provided to a for-profit entity for
an economic development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with guidelines
required under subsection (e)(2): Provided further, That the
Department shall notify grantees of their formula allocation within 60
days of enactment of this Act: Provided further, That of the total
amount provided under this heading, $65,000,000 shall be for grants to
Indian tribes notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section 203 of
this Act), up to $4,000,000 may be used for emergencies that constitute
imminent threats to health and safety.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2018, commitments to guarantee loans under section
108 of the Housing and Community Development Act of 1974 (42 U.S.C.
5308), any part of which is guaranteed, shall not exceed a total
principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,362,000,000, to remain available until September 30, 2021:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act shall not apply to allocations of such amount:
Provided further, That the Department shall notify grantees of their
formula allocation within 60 days of enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended, $50,000,000, to remain available
until September 30, 2020: Provided, That of the total amount provided
under this heading, $10,000,000 shall be made available to the Self-
Help Homeownership Opportunity Program as authorized under section 11
of the Housing Opportunity Program Extension Act of 1996, as amended:
Provided further, That of the total amount provided under this heading,
$35,000,000 shall be made available for the second, third, and fourth
capacity building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 shall be made available for rural capacity building
activities: Provided further, That of the total amount provided under
this heading, $5,000,000 shall be made available for capacity building
by national rural housing organizations with experience assessing
national rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits, local
governments, and Indian Tribes serving high need rural communities:
Provided further, That an additional $4,000,000, to remain available
until expended, shall be for a program to rehabilitate and modify homes
of disabled or low-income veterans, as authorized under section 1079 of
Public Law 113-291.
homeless assistance grants
For the Emergency Solutions Grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the Continuum of Care program as authorized under subtitle
C of title IV of such Act; and the Rural Housing Stability Assistance
program as authorized under subtitle D of title IV of such Act,
$2,513,000,000, to remain available until September 30, 2020:
Provided, That any rental assistance amounts that are recaptured under
such Continuum of Care program shall remain available until expended:
Provided further, That not less than $270,000,000 of the funds
appropriated under this heading shall be available for such Emergency
Solutions Grants program: Provided further, That not less than
$2,106,000,000 of the funds appropriated under this heading shall be
available for such Continuum of Care and Rural Housing Stability
Assistance programs: Provided further, That of the amounts made
available under this heading, up to $50,000,000 shall be made available
for grants for rapid re-housing projects and supportive service
projects providing coordinated entry, and for eligible activities the
Secretary determines to be critical in order to assist survivors of
domestic violence, dating violence, and stalking: Provided further,
That such projects shall be eligible for renewal under the continuum of
care program subject to the same terms and conditions as other renewal
applicants: Provided further, That up to $7,000,000 of the funds
appropriated under this heading shall be available for the national
homeless data analysis project: Provided further, That all funds
awarded for supportive services under the Continuum of Care program and
the Rural Housing Stability Assistance program shall be matched by not
less than 25 percent in cash or in kind by each grantee: Provided
further, That for all match requirements applicable to funds made
available under this heading for this fiscal year and prior years, a
grantee may use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal agencies unless
there is (or was) a specific statutory prohibition on any such use of
any such funds: Provided further, That the Secretary shall collect
system performance measures for each continuum of care, and that
relative to fiscal year 2015, under the Continuum of Care competition
with respect to funds made available under this heading, the Secretary
shall base an increasing share of the score on performance criteria:
Provided further, That none of the funds provided under this heading
shall be available to provide funding for new projects, except for
projects created through reallocation, unless the Secretary determines
that the continuum of care has demonstrated that projects are evaluated
and ranked based on the degree to which they improve the continuum of
care's system performance: Provided further, That the Secretary shall
prioritize funding under the Continuum of Care program to continuums of
care that have demonstrated a capacity to reallocate funding from lower
performing projects to higher performing projects: Provided further,
That all awards of assistance under this heading shall be required to
coordinate and integrate homeless programs with other mainstream
health, social services, and employment programs for which homeless
populations may be eligible: Provided further, That any unobligated
amounts remaining from funds appropriated under this heading in fiscal
year 2012 and prior years for project-based rental assistance for
rehabilitation projects with 10-year grant terms may be used for
purposes under this heading, notwithstanding the purposes for which
such funds were appropriated: Provided further, That all balances for
Shelter Plus Care renewals previously funded from the Shelter Plus Care
Renewal account and transferred to this account shall be available, if
recaptured, for Continuum of Care renewals in fiscal year 2018:
Provided further, That the Department shall notify grantees of their
formula allocation from amounts allocated (which may represent initial
or final amounts allocated) for the Emergency Solutions Grant program
within 60 days of enactment of this Act: Provided further, That up to
$80,000,000 of the funds appropriated under this heading shall be to
implement projects to demonstrate how a comprehensive approach to
serving homeless youth, age 24 and under, in up to 25 communities,
including at least eight communities with substantial rural
populations, can dramatically reduce youth homelessness: Provided
further, That of the amount made available under the previous proviso,
up to $5,000,000 shall be available to provide technical assistance on
youth homelessness, and collection, analysis, and reporting of data and
performance measures under the comprehensive approaches to serve
homeless youth, in addition to and in coordination with other technical
assistance funds provided under this title: Provided further, That
such projects shall be eligible for renewal under the continuum of care
program subject to the same terms and conditions as other renewal
applicants: Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to provide third
party documentation to establish their eligibility under 42 U.S.C.
11302(a) or (b) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by
youth-serving providers funded under this heading.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$11,115,000,000, to remain available until expended, shall be available
on October 1, 2017 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2017),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2018: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this paragraph: Provided further, That of the total
amounts provided under this heading, not to exceed $285,000,000 shall
be available for performance-based contract administrators for section
8 project-based assistance, for carrying out 42 U.S.C. 1437(f):
Provided further, That the Secretary of Housing and Urban Development
may also use such amounts in the previous proviso for performance-based
contract administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing Act (12
U.S.C. 1715z-1(a)); rent supplement payments pursuant to section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-1(f)(2));
project rental assistance contracts for the elderly under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project assistance
contracts pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667); and loans under section 202 of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading ``Housing
Certificate Fund'', may be used for renewals of or amendments to
section 8 project-based contracts or for performance-based contract
administrators, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That, notwithstanding any other
provision of law, upon the request of the Secretary of Housing and
Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 8 project-based Housing
Assistance Payments contract that authorizes HUD or a Housing Finance
Agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to the
previous proviso shall be available in addition to the amount otherwise
provided by this heading for uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for senior
preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Housing and Economic
Opportunity Act of 2000, as amended, and for supportive services
associated with the housing, $678,000,000 to remain available until
September 30, 2021, of which $105,000,000 shall be for capital advance
and project-based rental assistance awards: Provided, That of the
amount provided under this heading, up to $90,000,000 shall be for
service coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects: Provided
further, That amounts under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related activities
associated with section 202 projects: Provided further, That the
Secretary may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary of Housing and
Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 202 project rental
assistance contract, and that upon termination of such contract are in
excess of an amount to be determined by the Secretary, shall be
remitted to the Department and deposited in this account, to be
available until September 30, 2021: Provided further, That amounts
deposited in this account pursuant to the previous proviso shall be
available, in addition to the amounts otherwise provided by this
heading, for amendments and renewals: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
available for amendments and renewals notwithstanding the purposes for
which such funds originally were appropriated.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), as amended, and for project rental
assistance for supportive housing for persons with disabilities under
section 811(d)(2) of such Act and for project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public Law 86-
372; 73 Stat. 667), including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 1-year term, for project rental assistance to State housing
finance agencies and other appropriate entities as authorized under
section 811(b)(3) of the Cranston-Gonzalez National Housing Act, and
for supportive services associated with the housing for persons with
disabilities as authorized by section 811(b)(1) of such Act,
$229,600,000, to remain available until September 30, 2021, of which
$82,600,000 shall be for capital advance and project rental assistance
awards: Provided, That amounts made available under this heading shall
be available for Real Estate Assessment Center inspections and
inspection-related activities associated with section 811 projects:
Provided further, That, in this fiscal year, upon the request of the
Secretary of Housing and Urban Development, project funds that are held
in residual receipts accounts for any project subject to a section 811
project rental assistance contract and that upon termination of such
contract are in excess of an amount to be determined by the Secretary
shall be remitted to the Department and deposited in this account, to
be available until September 30, 2021: Provided further, That amounts
deposited in this account pursuant to the previous proviso shall be
available in addition to the amounts otherwise provided by this heading
for amendments and renewals: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be used for
amendments and renewals notwithstanding the purposes for which such
funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $55,000,000, to remain available until September
30, 2019, including up to $4,500,000 for administrative contract
services: Provided, That grants made available from amounts provided
under this heading shall be awarded within 180 days of enactment of
this Act: Provided further, That funds shall be used for providing
counseling and advice to tenants and homeowners, both current and
prospective, with respect to property maintenance, financial management
or literacy, and such other matters as may be appropriate to assist
them in improving their housing conditions, meeting their financial
needs, and fulfilling the responsibilities of tenancy or homeownership;
for program administration; and for housing counselor training:
Provided further, That for purposes of providing such grants from
amounts provided under this heading, the Secretary may enter into
multiyear agreements, as appropriate, subject to the availability of
annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided,
noninsured rental housing projects, $14,000,000, to remain available
until expended: Provided, That such amount, together with unobligated
balances from recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover, remaining
from funds appropriated under this heading after fiscal year 2005,
shall also be available for extensions of up to one year for expiring
contracts under such sections of law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $11,000,000, to remain available until expended, of
which $11,000,000 is to be derived from the Manufactured Housing Fees
Trust Fund: Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2018 so as to result
in a final fiscal year 2018 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2018
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary of Housing and Urban Development
may assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the Fund, and
the Secretary, as provided herein, may use such collections, as well as
fees collected under section 620, for necessary expenses of such Act:
Provided further, That, notwithstanding the requirements of section 620
of such Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2019: Provided, That during
fiscal year 2018, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $5,000,000: Provided further, That the foregoing
amount in the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $130,000,000,
to remain available until September 30, 2019: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2018, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000: Provided further, That during fiscal year
2018 the Secretary may insure and enter into new commitments to insure
mortgages under section 255 of the National Housing Act only to the
extent that the net credit subsidy cost for such insurance does not
exceed zero: Provided further, That for fiscal years 2018 and 2019,
the Secretary shall not take any action against a lender solely on the
basis of compare ratios that have been adversely affected by defaults
on mortgages secured by properties in areas where a major disaster was
declared in 2017 or 2018 pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $30,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2019: Provided,
That during fiscal year 2018, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $5,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $500,000,000,000, to remain available until
September 30, 2019: Provided, That $27,000,000 shall be available for
necessary salaries and expenses of the Office of Government National
Mortgage Association: Provided further, That to the extent that
guaranteed loan commitments exceed $155,000,000,000 on or before April
1, 2018, an additional $100 for necessary salaries and expenses shall
be available until expended for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts from
Commitment and Multiclass fees collected pursuant to title III of the
National Housing Act, as amended, shall be credited as offsetting
collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $89,000,000, to remain available
until September 30, 2019: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this
title, the Secretary may enter into cooperative agreements funded with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, or colleges or universities for
research projects: Provided further, That with respect to the previous
proviso, such partners to the cooperative agreements must contribute at
least a 50 percent match toward the cost of the project: Provided
further, That for non-competitive agreements entered into in accordance
with the previous two provisos, the Secretary of Housing and Urban
Development shall comply with section 2(b) of the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-282, 31
U.S.C. note) in lieu of compliance with section 102(a)(4)(C) with
respect to documentation of award decisions: Provided further, That
prior to obligation of technical assistance funding, the Secretary
shall submit a plan, for approval, to the House and Senate Committees
on Appropriations on how it will allocate funding for this activity:
Provided further, That none of the funds provided under this heading
may be available for the doctoral dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$65,300,000, to remain available until September 30, 2019: Provided,
That notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to provide such training: Provided further,
That no funds made available under this heading shall be used to lobby
the executive or legislative branches of the Federal Government in
connection with a specific contract, grant, or loan: Provided further,
That of the funds made available under this heading, $300,000 shall be
available to the Secretary of Housing and Urban Development for the
creation and promotion of translated materials and other programs that
support the assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing and Urban
Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$230,000,000, to remain available until September 30, 2019, of which
$45,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970,
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of the law that further the purposes of such Act, a grant
under the Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts for such
purposes under this heading, shall be considered to be funds for a
special project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided further,
That not less than $95,000,000 of the amounts made available under this
heading for the award of grants pursuant to section 1011 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992 shall be
provided to areas with the highest lead-based paint abatement needs:
Provided further, That each applicant shall certify adequate capacity
that is acceptable to the Secretary to carry out the proposed use of
funds pursuant to a notice of funding availability: Provided further,
That amounts made available under this heading in this or prior
appropriations Acts, and that still remain available, may be used for
any purpose under this heading notwithstanding the purpose for which
such amounts were appropriated if a program competition is
undersubscribed and there are other program competitions under this
heading that are oversubscribed.
Information Technology Fund
For the development of, modifications to, and infrastructure for
Department-wide and program-specific information technology systems,
for the continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-related
maintenance activities, $267,000,000, of which $250,000,000 shall
remain available until September 30, 2019, and of which $17,000,000
shall remain available until September 30, 2020: Provided, That any
amounts transferred to this Fund under this Act shall remain available
until expended: Provided further, That any amounts transferred to this
Fund from amounts appropriated by previously enacted appropriations
Acts may be used for the purposes specified under this Fund, in
addition to any other information technology purposes for which such
amounts were appropriated: Provided further, That not more than 10
percent of the funds made available under this heading for development,
modernization and enhancement may be obligated until the Secretary
submits to the House and Senate Committees on Appropriations, for
approval, a plan for expenditure that--(A) identifies for each
modernization project: (i) the functional and performance capabilities
to be delivered and the mission benefits to be realized, (ii) the
estimated life-cycle cost, and (iii) key milestones to be met; and (B)
demonstrates that each modernization project is: (i) compliant with the
Department's enterprise architecture, (ii) being managed in accordance
with applicable life-cycle management policies and guidance, (iii)
subject to the Department's capital planning and investment control
requirements, and (iv) supported by an adequately staffed project
office.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$128,082,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2018 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2018 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 207. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 208. The President's formal budget request for fiscal year
2019, as well as the Department of Housing and Urban Development's
congressional budget justifications to be submitted to the Committees
on Appropriations of the House of Representatives and the Senate, shall
use the identical account and sub-account structure provided under this
Act.
Sec. 209. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 210. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2018 and
2019, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring
project shall be no less than when transferred to the receiving
project or projects and the net dollar amount of Federal
assistance provided to the transferring project shall remain
the same in the receiving project or projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall
notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all appropriate
local governmental officials.
(5) The tenants of the transferring project who remain eligible
for assistance to be provided by the receiving project or projects
shall not be required to vacate their units in the transferring
project or projects until new units in the receiving project are
available for occupancy.
(6) The Secretary determines that this transfer is in the best
interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any FHA-
insured mortgage lien transferred to, or placed on, such project by
the Secretary, except that the Secretary may waive this requirement
upon determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or rehabilitation
of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving project
or projects shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project
where, in either case, any use restrictions in such agreement are
of no lesser duration than the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as amended) of
any FHA-insured mortgage, except to the extent that appropriations
are provided in advance for the amount of any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall have
the meanings provided by the statute and/or regulations governing
the program under which the project is insured or assisted;
(2) the term ``multifamily housing project'' means housing that
meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market debt
restructuring under the Multifamily Assisted Housing Reform and
Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the Cranston-
Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable Housing
Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately before
October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of the
project-based assistance, debt, and statutorily required low-income
and very low-income use restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the project-
based assistance, debt, and the statutorily required low-income and
very low-income use restrictions to the receiving project or
projects; and
(6) the term ``Secretary'' means the Secretary of Housing and
Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 211. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such
section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older and
is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents who,
individually or jointly, are not eligible, to receive assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, except for a
person over the age of 23 with dependent children.
Sec. 212. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title II of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 213. Notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
Secretary of Housing and Urban Development may, until September 30,
2018, insure and enter into commitments to insure mortgages under such
section 255.
Sec. 214. Notwithstanding any other provision of law, in fiscal
year 2018, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the Secretary
shall maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are attached
to any dwelling units in the property. To the extent the Secretary
determines, in consultation with the tenants and the local government,
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section
524 of the Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described under this section,
the contract and allowable rent levels on such properties shall be
subject to the requirements under section 524 of MAHRAA.
Sec. 215. The commitment authority funded by fees as provided
under the heading ``Community Development Loan Guarantees Program
Account'' may be used to guarantee, or make commitments to guarantee,
notes, or other obligations issued by any State on behalf of non-
entitlement communities in the State in accordance with the
requirements of section 108 of the Housing and Community Development
Act of 1974: Provided, That any State receiving such a guarantee or
commitment shall distribute all funds subject to such guarantee to the
units of general local government in non-entitlement areas that
received the commitment.
Sec. 216. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary of Housing and Urban
Development in connection with the operating fund rule: Provided, That
an agency seeking a discontinuance of a reduction of subsidy under the
operating fund formula shall not be exempt from asset management
requirements.
Sec. 217. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
Provided, That a public housing agency may not use capital funds
authorized under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
Sec. 218. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD sub-office under the accounts ``Executive
Offices'' and ``Administrative Support Offices,'' as well as each
account receiving appropriations for ``Program Office Salaries and
Expenses'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 219. The Secretary of the Department of Housing and Urban
Development shall, for fiscal year 2018, notify the public through the
Federal Register and other means, as determined appropriate, of the
issuance of a notice of the availability of assistance or notice of
funding availability (NOFA) for any program or discretionary fund
administered by the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year 2018, the
Secretary may make the NOFA available only on the Internet at the
appropriate Government web site or through other electronic media, as
determined by the Secretary.
Sec. 220. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as
a separate line item request. No funds provided in this title may be
used to pay any such litigation costs for attorney fees until the
Department submits for review a spending plan for such costs to the
House and Senate Committees on Appropriations.
Sec. 221. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the heading ``Administrative Support Offices'' or for any account
under the general heading ``Program Office Salaries and Expenses'' to
any other such office or account: Provided, That no appropriation for
any such office or account shall be increased or decreased by more than
10 percent or $5,000,000, whichever is less, without prior written
approval of the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide notification to such
Committees three business days in advance of any such transfers under
this section up to 10 percent or $5,000,000, whichever is less.
Sec. 222. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary of Housing and Urban Development (in this section
referred to as the ``Secretary''), and comply with any standards under
applicable State or local laws, rules, ordinances, or regulations
relating to the physical condition of any property covered under a
housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a section 8 contract or contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3 days
that all Exigent Health and Safety deficiencies identified by the
inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units
assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under section 9
of the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC inspection, the
Secretary must provide the owner with a Notice of Default with a
specified timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary must also provide a copy of the Notice of
Default to the tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a UPCS score
of 60 or above, the Secretary may withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management with a
management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
applicable properties, as designated by the Secretary, with
priority given to the tenants of the property affected by the
penalty;
(C) abate the section 8 contract, including partial abatement,
as determined by the Secretary, until all deficiencies have been
corrected;
(D) pursue transfer of the project to an owner, approved by the
Secretary under established procedures, which will be obligated to
promptly make all required repairs and to accept renewal of the
assistance contract as long as such renewal is offered;
(E) transfer the existing section 8 contract to another project
or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial order
of specific performance requiring the owner to cure all project
deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to effectuate;
or
(I) take any other regulatory or contractual remedies available
as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property and
all available Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may contract for project-based
rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance.
(e) The Secretary shall report quarterly on all properties covered
by this section that are assessed through the Real Estate Assessment
Center and have UPCS physical inspection scores of less than 60 or have
received an unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered under a
housing assistance payment contract.
This report shall be due to the Senate and House Committees on
Appropriations no later than 30 days after the enactment of this Act,
and on the first business day of each Federal fiscal year quarter
thereafter while this section remains in effect.
Sec. 223. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2018.
Sec. 224. Notwithstanding section 24(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary of Housing and
Urban Development may, until September 30, 2018, obligate any available
unobligated balances made available under the heading ``Choice
Neighborhoods Initiative'' in this Act or any prior Act.
Sec. 225. None of the funds in this Act provided to the Department
of Housing and Urban Development may be used to make a grant award
unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State, locality, housing authority, tribe, nonprofit organization, or
other entity selected to receive a grant award is announced by the
Department or its offices.
Sec. 226. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 227. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Administration, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 228. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 229. Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research in the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and which are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 230. None of the funds provided in this Act or any other act
may be used for awards, including performance, special act, or spot,
for any employee of the Department of Housing and Urban Development who
has been subject to administrative discipline in fiscal years 2017 or
2018, including suspension from work.
Sec. 231. Funds made available in this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76, section 524 of division G of
Public Law 113-235, section 525 of division H of Public Law 114-113,
and such authorities as are enacted for Performance Partnership Pilots
in an appropriations Act for fiscal year 2018: Provided, That such
participation shall be limited to no more than 10 continuums of care
and housing activities to improve outcomes for disconnected youth.
Sec. 232. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015, 2016, 2017, and
2018 for the continuum of care (CoC) program as authorized under
subtitle C of title IV of the McKinney-Vento Homeless Assistance Act,
costs paid by program income of grant recipients may count toward
meeting the recipient's matching requirements, provided the costs are
eligible CoC costs that supplement the recipient's CoC program.
Sec. 233. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one Continuum of Care program
component to another.
(b) No more than 50 percent of each transition grant may be used
for costs of eligible activities of the program component originally
funded.
(c) Transition grants made under this section are eligible for
renewal in subsequent fiscal years for the eligible activities of the
new program component.
(d) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the Continuum of Care and
meet standards determined by the Secretary.
Sec. 234. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 235. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply with
respect to the right of a jurisdiction to draw funds from its HOME
Investment Trust Fund that otherwise expired or would expire in 2016,
2017, 2018, 2019, or 2020 under that section.
Sec. 236. Section 579 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by
striking ``October 1, 2017'' each place it appears and inserting in
lieu thereof ``October 1, 2022''.
Sec. 237. The language under the heading ``Rental Assistance
Demonstration'' in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112-55), as amended by Public Law
113-76, Public Law 113-235, Public Law 114-113, and Public Law 115-31,
is amended--
(1) in the second proviso, by striking ``September 30, 2020''
and inserting ``September 30, 2024'';
(2) in the matter preceding the first proviso, by inserting the
following before the colon: ``(herein the 'First Component')'';
(3) in the fourth proviso, by striking ``225,000'' and
inserting ``455,000'';
(4) in the fourteenth proviso, by--
(A) inserting ``or nonprofit'' before ``entity, then a
capable entity,''; and
(B) striking ``preserves its interest'' and inserting ``or
a nonprofit entity preserves an interest'';
(5) in the eighteenth proviso, by--
(A) inserting ``or with a project rental assistance
contract under section 202(c)(2) of the Housing Act of 1959,''
after ``section 8(o) of the Act,'';
(B) inserting ``the subordination, restructuring, or both,
of any capital advance documentation, including any note,
mortgage, use agreement or other agreements, evidencing or
securing a capital advance previously provided by the Secretary
under section 202(c)(1) of the Housing Act of 1959 as necessary
to facilitate the conversion of assistance while maintaining
the affordability period and the designation of the property as
serving elderly persons, and,'' following ``including but not
limited to'';
(C) inserting ``or assistance contracts'' after ``for such
vouchers'';
(D) striking ``of Housing and Urban Development'' after
``Secretary''; and
(E) inserting the following before the colon: ``(herein the
'Second Component')'';
(6) by inserting the following provisos after the eighteenth
proviso:
``Provided further, That contracts provided to properties converting
assistance from section 101 of the Housing and Urban Development Act of
1965 or section 236(f)(2) of the National Housing Act located in high-
cost areas shall have initial rents set at comparable market rents for
the market area: Provided further, That conversions of assistance under
the Second Component may not be the basis for re-screening or
termination of assistance or eviction of any tenant family in a
property participating in the demonstration and such a family shall not
be considered a new admission for any purpose, including compliance
with income targeting:'';
(7) in the twenty-first proviso, as reordered above, by
striking ``the previous proviso'' and all that follows through the
end of the proviso and inserting ``the Second Component, except for
conversion of section 202 project rental assistance contracts,
shall be available for project-based subsidy contracts entered into
pursuant to the Second Component:'';
(8) in the twenty-second proviso, as reordered above, by
striking ``the previous two provisos'' and inserting ``the Second
Component, except for conversion of section 202 project rental
assistance contracts,'';
(9) in the twenty-third proviso, as reordered above, by
striking ``the three previous provisos'' and inserting ``the Second
Component, except for conversion of section 202 project rental
assistance contracts,''; and
(10) by inserting the following proviso before the final
proviso:
``Provided further, That the Secretary may transfer amounts made
available under the heading `Housing for the Elderly' to the accounts
under the headings `Project-Based Rental Assistance' or `Tenant-Based
Rental Assistance' to facilitate any section 202 project rental
assistance contract conversions under the Second Component, and any
increase in cost for `Project-Based Rental Assistance' or `Tenant-Based
Rental Assistance' associated with such conversion shall be equal to
amounts so transferred:''.
Sec. 238. None of the funds made available under this Act may be
used to interfere with State and local inspections of public housing
dwelling units.
Sec. 239. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary of Housing and Urban Development in prior fiscal
years, shall remain in effect in accordance with the terms and
conditions of such agreements.
Sec. 240. Section 153 of the Continuing Appropriations Act, 2018
(as added by section 2001(2) of Public Law 115-120) is repealed.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2018''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $8,190,000:
Provided, That, notwithstanding any other provision of law, there may
be credited to this appropriation funds received for publications and
training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5
U.S.C. 5901-5902, $27,490,000: Provided, That not to exceed $2,000
shall be available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $23,274,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the President's
budget request for fiscal year 2018, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget request
for fiscal year 2018 in similar format and substance to those submitted
by executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$110,400,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $140,000,000, of
which $5,000,000 shall be for a multi-family rental housing program.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2018, to
result in a final appropriation from the general fund estimated at no
more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,600,000: Provided, That title II of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11311 et seq.) is amended by striking
``October 1, 2018'' in section 209 and inserting ``October 1, 2020''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
(including rescissions)
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2018, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress;
(4) proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted to
the Committees on Appropriations or the table accompanying the
explanatory statement accompanying this Act, whichever is more
detailed, unless prior approval is received from the House and
Senate Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of Representatives to
establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year: Provided
further, That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in the budget
appendix for the respective appropriation; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2018 from appropriations made available for salaries
and expenses for fiscal year 2018 in this Act, shall remain available
through September 30, 2019, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 414. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 416. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and
Urban Development, or any other Federal agency to lease or purchase new
light duty vehicles for any executive fleet, or for an agency's fleet
inventory, except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 417. (a) All unobligated balances, including recaptures and
carryover, remaining from funds appropriated in division K of Public
Law 115-31 for ``Department of Transportation-Office of the Secretary-
Salaries and Expenses'', ``Department of Transportation-Office of the
Secretary-Office of Civil Rights'', ``Department of Transportation-
Office of the Secretary-Small and Disadvantaged Business Utilization
and Outreach'', ``Department of Transportation-Federal Transit
Administration-Administrative Expenses'', ``Department of
Transportation-Pipeline and Hazardous Materials Safety Administration-
Operational Expenses'', ``Access Board-Salaries and Expenses'',
``Federal Maritime Commission-Salaries and Expenses'', ``National
Railroad Passenger Corporation-Office of Inspector General-Salaries and
Expenses'', ``National Transportation Safety Board-Salaries and
Expenses'', and ``United States Interagency Council on Homelessness-
Operating Expenses'' are rescinded.
(b) All unobligated balances, including recaptures and carryover,
remaining from funds appropriated in division K of Public Law 115-31
for accounts under the headings ``Department of Housing and Urban
Development-Management and Administration'' and ``Department of Housing
and Urban Development-Program Office Salaries and Expenses'' are
rescinded.
Sec. 418. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 419. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector
General and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents, and
other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and
the Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 420. (a) Terminal Aerodrome Forecast.--The Administrator shall
permit an air carrier operation under part 121 of title 14, Code of
Federal Regulations, to operate to a destination determined to be under
visual flight rules without a Terminal Aerodrome Forecast or
Meteorological Aerodrome Report if a current Area Forecast,
supplemented by other local weather observations or reports, is
available, and an alternate airport that has an available Terminal
Aerodome Forecast and weather report is specified. The air carrier
shall have approved procedures for dispatch and enroute weather
evaluation and shall operate under instrument flight rules enroute to
the destination.
(b) Limitation.--Without a written finding of necessity, based on
objective and historical evidence of imminent threat to safety, the
Administrator shall not promulgate any operation specification, policy,
or guidance document that is more restrictive than, or requires
procedures that are not expressly stated in, the regulations.
Sec. 421. Section 149(m) of title 23, United States Code, is
amended by adding ``or on a State-Supported Amtrak route with a valid
cost-sharing agreement under section 209 of the Passenger Rail
Investment and Improvement Act of 2008 and no current nonattainment
areas under subsection (d),'' after ``2012,''.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2018''.
DIVISION M--EXTENSIONS
TITLE I--AIRPORT AND AIRWAY EXTENSION ACT OF 2018
SECTION 1. SHORT TITLE.
This title may be cited as the ``Airport and Airway Extension Act
of 2018''.
Subtitle A--Federal Aviation Programs
SEC. 101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103(a) of title 49,
United States Code, is amended by striking ``2012'' and all that
follows through the period at the end and inserting ``2012 through
2018.''.
(b) Project Grant Authority.--Section 47104(c) of title 49, United
States Code, is amended in the matter preceding paragraph (1) by
striking ``March 31, 2018,'' and inserting ``September 30, 2018,''.
SEC. 102. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 47107(r)(3) of title 49, United States Code, is amended
by striking ``April 1, 2018'' and inserting ``October 1, 2018''.
(b) Section 47115(j) of title 49, United States Code, is amended by
striking ``2017 and for the period beginning on October 1, 2017, and
ending on March 31, 2018'' and inserting ``2018''.
(c) Section 47124(b)(3)(E) of title 49, United States Code, is
amended by striking ``2012'' and all that follows through ``2018,'' and
inserting ``2012 through 2018''.
(d) Section 47141(f) of title 49, United States Code, is amended by
striking ``March 31, 2018'' and inserting ``September 30, 2018''.
(e) Section 186(d) of the Vision 100-Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended by striking ``2017 and
for the period beginning on October 1, 2017, and ending on March 31,
2018,'' and inserting ``2018''.
(f) Section 409(d) of the Vision 100-Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking
``March 31, 2018'' and inserting ``September 30, 2018''.
(g) Section 411(h) of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 42301 prec. note) is amended by striking ``March 31, 2018''
and inserting ``September 30, 2018''.
(h) Section 822(k) of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 47141 note) is amended by striking ``March 31, 2018'' and
inserting ``September 30, 2018''.
(i) Section 2306(b) of the FAA Extension, Safety, and Security Act
of 2016 (130 Stat. 641) is amended by striking ``April 1, 2018'' and
inserting ``October 1, 2018''.
SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking subparagraph (F) and inserting
the following:
``(F) $10,025,852,000 for fiscal year 2018.''; and
(2) in paragraph (3) by striking ``2017 and for the period
beginning on October 1, 2017, and ending on March 31, 2018'' and
inserting ``2018''.
SEC. 104. SMALL COMMUNITY AIR SERVICE.
(a) Essential Air Service Authorization.--Section 41742(a)(2) of
title 49, United States Code, is amended by striking ``2016'' and all
that follows through ``2018,'' and inserting ``2016 and 2017, and
$150,000,000 for fiscal year 2018''.
(b) Airports Not Receiving Sufficient Service.--Section 41743(e)(2)
of title 49, United States Code, is amended by striking ``2012'' and
all that follows through ``2018,'' and inserting ``2012 through 2017
and $10,000,000 for fiscal year 2018''.
SEC. 105. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a) of title 49, United States Code, is amended--
(1) in paragraph (5) by striking ``2016 and 2017'' and
inserting ``2016 through 2018''; and
(2) by striking paragraph (6).
SEC. 106. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a)(10) of title 49, United States Code, is amended to
read as follows:
``(10) $176,500,000 for fiscal year 2018.''.
SEC. 107. FUNDING FOR AVIATION PROGRAMS.
The budget authority authorized in this title, including the
amendments made by this title, shall be deemed to satisfy the
requirements of subsections (a)(1)(B) and (a)(2) of section 48114 of
title 49, United States Code, for fiscal year 2018.
SEC. 108. CONTROLLER HIRING.
Section 44506(f) of title 49, United States Code, is amended--
(1) in paragraph (1) by adding at the end the following:
``(C) Special rule.--
``(i) In general.--Notwithstanding subparagraph (B),
after giving preferential consideration to applicants under
subparagraph (A) and if, after consulting with the labor
organization recognized as the exclusive representative of
air traffic controllers under section 7111 of title 5, the
Administrator determines there are unique circumstances
affecting a covered facility that warrant a vacancy
announcement with a limited area of consideration, the
Administrator may consider applicants for the position of
air traffic controller who apply under a vacancy
announcement recruiting from the local commuting area for
that covered facility.
``(ii) Biographical assessments.--The Administrator
shall not use any biographical assessment with respect to
an applicant under this subparagraph who would otherwise
qualify as a Pool 1 applicant under subparagraph (B)(ii).
``(iii) Covered facility defined.--In this subparagraph
the term `covered facility' means a radar facility with at
least 1,000,000 operations annually that is located in a
metropolitan statistical area (as defined by the Office of
Management and Budget) with a population estimate by the
Bureau of the Census of more than 15,000,000 (as of July 1,
2016).''; and
(2) in paragraph (3)--
(A) by inserting ``except for individuals covered by the
program described in paragraph (4),'' after ``section 3307 of
title 5,''; and
(B) by adding at the end the following:
``(4) Retired military controllers.--The Administrator may
establish a program to provide an original appointment to a
position as an air traffic controller for individuals who--
``(A) are on terminal leave pending retirement from active
duty military service or have retired from active duty military
service within 5 years of applying for the appointment; and
``(B) have held either an air traffic certification or air
traffic control facility rating according to Administration
standards within 5 years of applying for the appointment.''.
Subtitle B--Aviation Revenue Provisions
SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
1986 is amended--
(1) in the matter preceding subparagraph (A) by striking
``April 1, 2018'' and inserting ``October 1, 2018''; and
(2) in subparagraph (A) by striking the semicolon at the end
and inserting ``or the Airport and Airway Extension Act of 2018;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code is
amended by striking ``April 1, 2018'' and inserting ``October 1,
2018''.
SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``March 31, 2018'' and inserting
``September 30, 2018''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is amended
by striking ``March 31, 2018'' and inserting ``September 30,
2018''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``March 31, 2018'' and inserting ``September
30, 2018''.
(c) Fractional Ownership Programs.--
(1) Treatment as noncommercial aviation.--Section 4083(b) of
such Code is amended by striking ``April 1, 2018'' and inserting
``October 1, 2018''.
(2) Exemption from ticket taxes.--Section 4261(j) of such Code
is amended by striking ``March 31, 2018'' and inserting ``September
30, 2018''.
TITLE II--IMMIGRATION EXTENSIONS
Sec. 201. Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be
applied by substituting ``September 30, 2018'' for ``September 30,
2015''.
Sec. 202. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and
(III)) shall be applied by substituting ``September 30, 2018'' for
``September 30, 2015''.
Sec. 203. Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied
by substituting ``September 30, 2018'' for ``September 30, 2015''.
Sec. 204. Section 610(b) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note) shall be applied by substituting ``September 30,
2018'' for ``September 30, 2015''.
Sec. 205. Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2018 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above
such limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker program in
any fiscal year in which returning workers were exempt from such
numerical limitation.
TITLE III--NATIONAL FLOOD INSURANCE PROGRAM EXTENSION
Sec. 301. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by
substituting ``July 31, 2018'' for ``September 30, 2017''.
TITLE IV--PESTICIDE REGISTRATION IMPROVEMENT ACT EXTENSION
Sec. 401. (a) The following sections of the Federal Insecticide,
Fungicide, and Rodenticide Act shall continue in effect through
September 30, 2018--
(1) subparagraphs (C) through (E) of section 4(i)(1) (7 U.S.C.
136a-1(i)(1)(C)-(E));
(2) section 4(k)(3) (7 U.S.C. 136a-1(k)(3));
(3) section 4(k)(4) (7 U.S.C. 136a-1(k)(4)); and
(4) section 33(c)(3)(B) (7 U.S.C. 136w-8(c)(3)(B)).
(b)(1) Section 4(i)(1)(I) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a-1(i)(1)(I)) shall be applied by
substituting ``September 30, 2018'' for ``September 30, 2017''.
(2) Notwithstanding section 33(m)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
8(m)(2)), section 33(m)(1) of such Act (7 U.S.C. 136w-8(m)(1))
shall be applied by substituting ``September 30, 2018'' for
``September 30, 2017''.
(c) Section 408(m)(3) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 346a(m)(3)) shall be applied by substituting ``September 30,
2018'' for ``September 30, 2017''.
TITLE V--GENERALIZED SYSTEM OF PREFERENCES
SEC. 501. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.
(a) In General.--Section 505 of the Trade Act of 1974 (19 U.S.C.
2465) is amended by striking ``December 31, 2017'' and inserting
``December 31, 2020''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to articles entered on or after the 30th day after the date
of the enactment of this Act.
(2) Retroactive application for certain liquidations and
reliquidations.--
(A) In general.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law and
subject to subparagraph (B), any entry of a covered article to
which duty-free treatment or other preferential treatment under
title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) would
have applied if the entry had been made on December 31, 2017,
that was made--
(i) after December 31, 2017, and
(ii) before the effective date specified in paragraph
(1),
shall be liquidated or reliquidated as though such entry
occurred on the effective date specified in paragraph (1).
(B) Requests.--A liquidation or reliquidation may be made
under subparagraph (A) with respect to an entry only if a
request therefor is filed with U.S. Customs and Border
Protection not later than 180 days after the date of the
enactment of this Act that contains sufficient information to
enable U.S. Customs and Border Protection--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot be located.
(C) Payment of amounts owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry of a covered article under subparagraph (A) shall be
paid, without interest, not later than 90 days after the date
of the liquidation or reliquidation (as the case may be).
(3) Definitions.--In this subsection:
(A) Covered article.--The term ``covered article'' means an
article from a country that is a beneficiary developing country
under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.)
as of the effective date specified in paragraph (1).
(B) Enter; entry.--The terms ``enter'' and ``entry''
include a withdrawal from warehouse for consumption.
(c) Annual Report on Enforcement of Eligibility Criteria.--Not
later than 1 year after the date of the enactment of this Act, and
annually thereafter through December 31, 2020, the United States Trade
Representative shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate a
report on efforts to ensure that countries designated as beneficiary
developing countries under title V of the Trade Act of 1974 (19 U.S.C.
2461 et seq.) are meeting the eligibility criteria set forth in section
502(c) of such Act (19 U.S.C. 2462(c)).
SEC. 502. TECHNICAL MODIFICATION TO PROCEDURES FOR COMPETITIVE NEED
LIMITATION AND WAIVERS.
Section 503 of the Trade Act of 1974 (19 U.S.C. 2463) is amended--
(1) in subsection (c)(2)--
(A) in the matter following subparagraph (A)(i)(II), by
striking ``July 1'' and inserting ``November 1''; and
(B) in subparagraph (E), by striking ``on January 1, 1995''
and inserting ``in any of the preceding 3 calendar years''; and
(2) in subsection (d), by striking ``July 1'' each place it
appears and inserting ``November 1''.
SEC. 503. CUSTOMS USER FEES.
Section 13031(j)(3)(A) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is amended by
striking ``February 24, 2027'' and inserting ``July 21, 2027''.
TITLE VI--JUDICIAL REDACTION AUTHORITY EXTENSION
SEC. 601. EXTENSION OF REDACTION AUTHORITY CONCERNING SENSITIVE
SECURITY INFORMATION.
Section 105(b)(3)(E) of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended by striking ``2017'' both places it appears and
inserting ``2027''.
TITLE VII--BUDGETARY EFFECTS
SEC. 701. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION N--BUILD ACT
SECTION 1. SHORT TITLE.
This division may be cited as the ``Brownfields Utilization,
Investment, and Local Development Act of 2018'' or the ``BUILD Act''.
SEC. 2. REDEVELOPMENT CERTAINTY FOR GOVERNMENTAL ENTITIES.
Section 101(20)(D) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is amended
by striking ``ownership or control'' and all that follows through ``by
virtue'' and inserting ``ownership or control through seizure or
otherwise in connection with law enforcement activity, or through
bankruptcy, tax delinquency, abandonment, or other circumstances in
which the government acquires title by virtue''.
SEC. 3. ALASKA NATIVE VILLAGE AND NATIVE CORPORATION RELIEF.
Section 101(20) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is
amended--
(1) by redesignating subparagraphs (E) through (G) as
subparagraphs (F) through (H), respectively;
(2) by inserting after subparagraph (D) the following:
``(E) Exclusion of certain alaska native villages and
native corporations.--
``(i) In general.--The term `owner or operator' does
not include, with respect to a facility conveyed to a
Native village or Native Corporation (as those terms are
defined in section 3 of the Alaska Native Claims Settlement
Act) under the Alaska Native Claims Settlement Act--
``(I) the Native village or Native Corporation that
received the facility from the United States
Government; or
``(II) a successor in interest to which the
facility was conveyed under section 14(c) of such Act.
``(ii) Limitation.--The exclusion provided under this
subparagraph shall not apply to any entity described in
clause (i) that causes or contributes to a release or
threatened release of a hazardous substance from the
facility conveyed as described in such clause.'';
(3) in subparagraph (G) (as so redesignated), in the matter
preceding clause (i), by striking ``subparagraph (E)'' and
inserting ``subparagraph (F)''; and
(4) in clause (i)(II) of subparagraph (H) (as so redesignated),
by striking ``1813)'' and inserting ``1813))''.
SEC. 4. PETROLEUM BROWNFIELD ENHANCEMENT.
Section 101(39)(D)(ii)(II) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(39)(D)(ii)(II)) is amended by amending item (bb) to read as
follows:
``(bb) is a site for which there is no viable responsible party and
that is determined by the Administrator or the State, as appropriate,
to be a site that will be assessed, investigated, or cleaned up by a
person that is not potentially liable for cleaning up the site under
this Act or any other law pertaining to the cleanup of petroleum
products; and''.
SEC. 5. PROSPECTIVE PURCHASERS AND LESSEES.
(a) Bona Fide Prospective Purchaser.--Section 101(40) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601(40)) is amended--
(1) in subparagraph (B)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and indenting
appropriately;
(B) in subclause (I) (as so redesignated), by striking
``clauses (ii) and (iii)'' and inserting ``subclauses (II) and
(III)'';
(C) in subclause (II) (as so redesignated), by striking
``subparagraph'' and inserting ``clause''; and
(D) in subclause (III) (as so redesignated), by striking
``subparagraph'' and inserting ``clause'';
(2) in subparagraph (D), by redesignating clauses (i) through
(iii) as subclauses (I) through (III), respectively, and indenting
appropriately;
(3) in subparagraph (F), by redesignating clauses (i) and (ii)
as subclauses (I) and (II), respectively, and indenting
appropriately;
(4) in subparagraph (H)--
(A) in clause (i)--
(i) in subclause (II), by inserting ``, by a tenancy,
by the instruments by which a leasehold interest in the
facility is created,'' after ``financed''; and
(ii) by redesignating subclauses (I) and (II) as items
(aa) and (bb), respectively, and indenting appropriately;
and
(B) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and indenting appropriately;
(5) by redesignating subparagraphs (B) through (H) as clauses
(ii) through (viii), respectively, and indenting appropriately; and
(6) by striking the paragraph designation and heading and all
that follows through ``All disposal of'' in subparagraph (A) and
inserting the following:
``(40) Bona fide prospective purchaser.--
``(A) In general.--The term `bona fide prospective
purchaser' means, with respect to a facility--
``(i) a person who--
``(I) acquires ownership of the facility after
January 11, 2002; and
``(II) establishes by a preponderance of the
evidence each of the criteria described in clauses (i)
through (viii) of subparagraph (B); and
``(ii) a person--
``(I) who acquires a leasehold interest in the
facility after January 11, 2002;
``(II) who establishes by a preponderance of the
evidence that the leasehold interest is not designed to
avoid liability under this Act by any person; and
``(III) with respect to whom any of the following
conditions apply:
``(aa) The owner of the facility that is
subject to the leasehold interest is a person
described in clause (i).
``(bb)(AA) The owner of the facility that is
subject to the leasehold interest was a person
described in clause (i) at the time the leasehold
interest was acquired, but can no longer establish
by a preponderance of the evidence each of the
criteria described in clauses (i) through (viii) of
subparagraph (B) due to circumstances unrelated to
any action of the person who holds the leasehold
interest; and
``(BB) the person who holds the leasehold
interest establishes by a preponderance of the
evidence each of the criteria described in clauses
(i), (iii), (iv), (v), (vi), (vii), and (viii) of
subparagraph (B).
``(cc) The person who holds the leasehold
interest establishes by a preponderance of the
evidence each of the criteria described in clauses
(i) through (viii) of subparagraph (B).
``(B) Criteria.--The criteria described in this
subparagraph are as follows:
``(i) Disposal prior to acquisition.--All disposal
of''.
(b) Limitation on Liability.--Section 107(r)(1) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9607(r)(1)) is amended by striking ``purchaser's''
and inserting ``bona fide prospective purchaser''.
SEC. 6. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.
Section 104(k)(1) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is
amended--
(1) in subparagraph (G), by striking ``or'' after the
semicolon;
(2) in subparagraph (H), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(I) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that Code;
``(J) a limited liability corporation in which all managing
members are organizations described in subparagraph (I) or
limited liability corporations whose sole members are
organizations described in subparagraph (I);
``(K) a limited partnership in which all general partners
are organizations described in subparagraph (I) or limited
liability corporations whose sole members are organizations
described in subparagraph (I); or
``(L) a qualified community development entity (as defined
in section 45D(c)(1) of the Internal Revenue Code of 1986).''.
SEC. 7. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is
amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Exemption for certain publicly owned brownfield
sites.--Notwithstanding paragraph (5)(B)(iii), an eligible
entity described in any of subparagraphs (A) through (H) of
paragraph (1) may receive a grant under this paragraph for
property acquired by that eligible entity prior to January 11,
2002, even if the eligible entity does not qualify as a bona
fide prospective purchaser, so long as the eligible entity has
not caused or contributed to a release or threatened release of
a hazardous substance at the property.''; and
(2) in paragraph (3), by adding at the end the following:
``(E) Exemption for certain publicly owned brownfield
sites.--Notwithstanding paragraph (5)(B)(iii), an eligible
entity described in any of subparagraphs (A) through (H) of
paragraph (1) may receive a grant or loan under this paragraph
for property acquired by that eligible entity prior to January
11, 2002, even if the eligible entity does not qualify as a
bona fide prospective purchaser, so long as the eligible entity
has not caused or contributed to a release or threatened
release of a hazardous substance at the property.''.
SEC. 8. INCREASED FUNDING FOR REMEDIATION GRANTS.
Section 104(k)(3)(A)(ii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to
be remediated'' and inserting ``$500,000 for each site to be
remediated, which limit may be waived by the Administrator, but not to
exceed a total of $650,000 for each site, based on the anticipated
level of contamination, size, or ownership status of the site''.
SEC. 9. MULTIPURPOSE BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is
amended--
(1) by redesignating paragraphs (4) through (12) as paragraphs
(5) through (13), respectively;
(2) in paragraph (3)(A), in the matter preceding clause (i), by
striking ``Subject to paragraphs (4) and (5)'' and inserting
``Subject to paragraphs (5) and (6)'';
(3) by inserting after paragraph (3) the following:
``(4) Multipurpose brownfields grants.--
``(A) In general.--Subject to subparagraph (D) and
paragraphs (5) and (6), the Administrator shall establish a
program to provide multipurpose grants to an eligible entity
based on the criteria under subparagraph (C) and the
considerations under paragraph (3)(C), to carry out inventory,
characterization, assessment, planning, or remediation
activities at 1 or more brownfield sites in an area proposed by
the eligible entity.
``(B) Grant amounts.--
``(i) Individual grant amounts.--Each grant awarded
under this paragraph shall not exceed $1,000,000.
``(ii) Cumulative grant amounts.--The total amount of
grants awarded for each fiscal year under this paragraph
may not exceed 15 percent of the funds made available for
the fiscal year to carry out this subsection.
``(C) Criteria.--In awarding a grant under this paragraph,
the Administrator shall consider the extent to which the
eligible entity is able--
``(i) to provide an overall plan for revitalization of
the 1 or more brownfield sites in the proposed area in
which the multipurpose grant will be used;
``(ii) to demonstrate a capacity to conduct the range
of eligible activities that will be funded by the
multipurpose grant; and
``(iii) to demonstrate that a multipurpose grant will
meet the needs of the 1 or more brownfield sites in the
proposed area.
``(D) Condition.--As a condition of receiving a grant under
this paragraph, each eligible entity shall expend the full
amount of the grant by not later than the date that is 5 years
after the date on which the grant is awarded to the eligible
entity, unless the Administrator provides an extension.
``(E) Ownership.--An eligible entity that receives a grant
under this paragraph may not expend any of the grant funds for
the remediation of a brownfield site unless the eligible entity
owns the brownfield site.''; and
(4) by striking ``paragraph (2) or (3)'' each place it appears
and inserting ``paragraph (2), (3), or (4)''.
SEC. 10. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.
Paragraph (5) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 9 of this Act) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Prohibition.--No part of a grant or loan under this
subsection may be used for the payment of--
``(i) a penalty or fine;
``(ii) a Federal cost-share requirement;
``(iii) a response cost at a brownfield site for which
the recipient of the grant or loan is potentially liable
under section 107; or
``(iv) a cost of compliance with any Federal law
(including a Federal law specified in section 101(39)(B)),
excluding the cost of compliance with laws applicable to
the cleanup.''; and
(2) by adding at the end the following:
``(E) Administrative costs.--
``(i) In general.--An eligible entity may use up to 5
percent of the amounts made available under a grant or loan
under this subsection for administrative costs.
``(ii) Restriction.--For purposes of clause (i), the
term `administrative costs' does not include--
``(I) investigation and identification of the
extent of contamination of a brownfield site;
``(II) design and performance of a response action;
or
``(III) monitoring of a natural resource.''.
SEC. 11. GRANT APPLICATIONS.
(a) Waterfront Brownfields Grants; Clean Energy on Brownfield
Sites.--Paragraph (6)(C) of section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) (as redesignated by section 9 of this Act) is amended
by adding at the end the following:
``(xi) The extent to which a grant would address a site
adjacent to a body of water or a federally designated flood
plain.
``(xii) The extent to which a grant would facilitate--
``(I) the location at a brownfield site of a
facility that generates renewable electricity from
wind, solar, or geothermal energy; or
``(II) any energy efficiency improvement project at
a brownfield site, including a project for a combined
heat and power system or a district energy system.''.
(b) Report on Ranking Criteria.--Paragraph (6) of section 104(k) of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 9 of this
Act) is amended by adding at the end the following:
``(D) Report on ranking criteria.--Not later than September
30, 2022, the Administrator shall submit to Congress a report
regarding the Administrator's use of the ranking criteria
described in subparagraph (C) in awarding grants under this
subsection.''.
SEC. 12. AUDITS.
Paragraph (8) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 9 of this Act) is amended by striking ``3
years after the date of the enactment of this subsection'' and
inserting ``September 30, 2022''.
SEC. 13. BROWNFIELDS FUNDING.
Paragraph (13) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 9 of this Act) is amended to read as
follows:
``(13) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $200,000,000 for each
of fiscal years 2019 through 2023.''.
SEC. 14. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.
(a) In General.--Section 128(a)(1)(B) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9628(a)(1)(B)) is amended--
(1) in clause (ii)--
(A) in subclause (I), by striking ``; or'' and inserting a
semicolon;
(B) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(III) assist small communities, Indian tribes,
rural areas, or disadvantaged areas in carrying out
activities described in section 104(k)(7)(A) with
respect to brownfield sites.''; and
(2) by adding at the end the following:
``(iii) Small communities, indian tribes, rural areas,
and disadvantaged areas.--
``(I) In general.--To make grants to States or
Indian tribes under clause (ii)(III), the Administrator
may use, in addition to amounts available to carry out
this subsection, not more than $1,500,000 of the
amounts made available to carry out section 104(k)(7)
in each fiscal year.
``(II) Limitation.--Each grant made under subclause
(I) may be not more than $20,000.
``(III) Inclusion in other grants.--The
Administrator may, at the request of a State or Indian
tribe, include a grant under this clause in any other
grant to the State or Indian tribe made under this
subsection.
``(iv) Definitions.--In this subparagraph:
``(I) Disadvantaged area.--The term `disadvantaged
area' means a community with an annual median household
income that is less than 80 percent of the statewide
annual median household income, as determined by the
President based on the latest available decennial
census.
``(II) Small community.--The term `small community'
means a community with a population of not more than
15,000 individuals, as determined by the President
based on the latest available decennial census.''.
(b) Conforming Amendment.--Section 104(g)(1) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(g)(1)) is amended by inserting ``or section
128(a)(1)(B)(ii)(III)'' after ``under this section''.
SEC. 15. STATE RESPONSE PROGRAM FUNDING.
Section 128(a)(3) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is
amended to read as follows:
``(3) Funding.--There is authorized to be appropriated to carry
out this subsection $50,000,000 for each of fiscal years 2019
through 2023.''.
DIVISION O--WILDFIRE SUPPRESSION FUNDING AND FOREST MANAGEMENT
ACTIVITIES ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Wildfire Suppression Funding
and Forest Management Activities Act''.
TITLE I--WILDFIRE AND DISASTER FUNDING ADJUSTMENT
SEC. 102. WILDFIRE AND DISASTER FUNDING ADJUSTMENT.
(a) Section 251(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended--
(1) in subparagraph (D)(i), by striking subclauses (I) and (II)
and inserting the following--
``(I) the average over the previous 10 years
(excluding the highest and lowest years) of the sum of
the funding provided for disaster relief (as that term
is defined on the date immediately before the date of
enactment of the Wildfire Suppression Funding and
Forest Management Activities Act);
``(II) notwithstanding clause (iv), starting in
fiscal year 2018, five percent of the total
appropriations provided after fiscal year 2011 or in
the previous 10 years, whichever is less, net of any
rescissions of budget authority enacted in the same
period, with respect to amounts provided for major
disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) and designated by the Congress and the
President as an emergency pursuant to subparagraph
(A)(i) of this paragraph; and
``(III) the cumulative net total of the unused
carryover for fiscal year 2018 and all subsequent
fiscal years, where the unused carryover for each
fiscal year is calculated as the sum of the amounts in
subclauses (I) and (II) less the enacted appropriations
for that fiscal year that have been designated as being
for disaster relief.'';
(2) in subparagraph (D)(ii), by striking ``not later than 30
days after the date of enactment of the Budget Control Act of
2011'' and inserting ``not later than 30 days after the date of
enactment of the Wildfire Suppression Funding and Forest Management
Activities Act''; and
(3) by adding at the end the following:
``(F) Wildfire suppression.--
``(i) Additional new budget authority.--If, for fiscal
years 2020 through 2027, a bill or joint resolution making
appropriations for a fiscal year is enacted that provides
an amount for wildfire suppression operations in the
Wildland Fire Management accounts at the Department of
Agriculture or the Department of the Interior, then the
adjustments for that fiscal year shall be the amount of
additional new budget authority provided in that Act for
wildfire suppression operations for that fiscal year, but
shall not exceed--
``(I) for fiscal year 2020, $2,250,000,000;
``(II) for fiscal year 2021, $2,350,000,000;
``(III) for fiscal year 2022, $2,450,000,000;
``(IV) for fiscal year 2023, $2,550,000,000;
``(V) for fiscal year 2024, $2,650,000,000;
``(VI) for fiscal year 2025, $2,750,000,000;
``(VII) for fiscal year 2026, $2,850,000,000; and
``(VIII) for fiscal year 2027, $2,950,000,000.
``(ii) Definitions.--In this subparagraph:
``(I) Additional new budget authority.--The term
`additional new budget authority' means the amount
provided for a fiscal year in an appropriation Act that
is in excess of the average costs for wildfire
suppression operations as reported in the budget of the
President submitted under section 1105(a) of title 31,
United States Code, for fiscal year 2015 and are
specified to pay for the costs of wildfire suppression
operations in an amount not to exceed the amount
specified for that fiscal year in clause (i).
``(II) Wildfire suppression operations.--The term
`wildfire suppression operations' means the emergency
and unpredictable aspects of wildland firefighting,
including--
``(aa) support, response, and emergency
stabilization activities;
``(bb) other emergency management activities;
and
``(cc) the funds necessary to repay any
transfers needed for the costs of wildfire
suppression operations.''.
(b) The amendment made by paragraph (1) of subsection (a) shall
begin to apply in fiscal year 2019.
SEC. 103. REQUEST FOR ADDITIONAL WILDFIRE SUPPRESSION FUNDS.
If the amount provided for wildfire suppression operations for that
fiscal year will be exhausted within 30 calendar days, the Secretary of
the Interior or the Secretary of Agriculture (as applicable), in
consultation with the Director of the Office of Management and Budget,
shall promptly submit a request to Congress for supplemental
appropriations.
SEC. 104. REPORTING REQUIREMENTS.
(a) In General.--Not later than 90 days after the end of the fiscal
year for which additional new budget authority is used, pursuant to
section 251(b)(2)(F)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(F)(i)), as added by section 102
of this division, the Secretary of the Interior or the Secretary of
Agriculture (as applicable), in consultation with the Director of the
Office of Management and Budget, shall--
(1) prepare an annual report with respect to the additional new
budget authority;
(2) submit to the Committees on Appropriations, the Budget, and
Natural Resources of the House of Representatives and the
Committees on Appropriations, the Budget, and Energy and Natural
Resources of the Senate the annual report prepared under paragraph
(1); and
(3) make the report prepared under paragraph (1) available to
the public.
(b) Components.--The annual report prepared under subsection (a)(1)
shall--
(1) document obligations and outlays of the additional new
budget authority for wildfire suppression operations;
(2) identify risk-based factors that influenced management
decisions with respect to wildfire suppression operations;
(3) analyze a statistically significant sample of large fires,
including an analysis for each fire of--
(A) cost drivers;
(B) the effectiveness of risk management techniques and
whether fire operations strategy tracked the risk assessment;
(C) any resulting ecological or other benefits to the
landscape;
(D) the impact of investments in wildfire suppression
operations preparedness;
(E) effectiveness of wildfire suppression operations,
including an analysis of resources lost versus dollars
invested;
(F) effectiveness of any fuel treatments on fire behavior
and suppression expenditures;
(G) levels of exposure experienced by firefighters;
(H) suggested corrective actions; and
(I) any other factors the Secretary of the Interior or
Secretary of Agriculture (as applicable) determines to be
appropriate;
(4) include an accounting of overall fire management and
spending by the Department of the Interior or the Department of
Agriculture, which shall be analyzed by fire size, cost, regional
location, and other factors;
(5) describe any lessons learned in the conduct of wildfire
suppression operations; and
(6) include any other elements that the Secretary of the
Interior or the Secretary of Agriculture (as applicable) determines
to be necessary.
TITLE II--FOREST MANAGEMENT ACTIVITIES
SEC. 201. DEFINITIONS.
In this title:
(1) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1609(a)).
(2) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702).
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to National
Forest System land; and
(B) the Secretary of the Interior, with respect to public
land.
SEC. 202. WILDFIRE RESILIENCE PROJECTS.
Insert at the end of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6511) the following new section:
``SEC. 605. WILDFIRE RESILIENCE PROJECTS.
``(a) In General.--Hazardous fuels reduction projects, as defined
in the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(2)) may
be--
``(1) carried out in accordance with subsections (b), (c), and
(d) of section 102 and sections 104 and 105;
``(2) considered an action categorically excluded from the
requirements of Public Law 91-190 (42 U.S.C. 4321 et seq.); and
``(3) exempt from the special administrative review process
under section 105.
``(b) Collaborative Restoration Project.--
``(1) In general.--A project referred to in subsection (a) is a
project to carry out forest restoration treatments that--
``(A) maximizes the retention of old-growth and large
trees, as appropriate for the forest type, to the extent that
the trees promote stands that are resilient to insects and
disease, and reduce the risk or extent of, or increase the
resilience to, wildfires;
``(B) considers the best available scientific information
to maintain or restore the ecological integrity, including
maintaining or restoring structure, function, composition, and
connectivity; and
``(C) is developed and implemented through a collaborative
process that--
``(i) includes multiple interested persons representing
diverse interests; and
``(ii)(I) is transparent and nonexclusive; or
``(II) meets the requirements for a resource
advisory committee under subsections (c) through (f) of
section 205 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7125).
``(2) Inclusion.--A project under this subsection may carry out
part of a proposal that complies with the eligibility requirements
of the Collaborative Forest Landscape Restoration Program under
section 4003(b) of the Omnibus Public Land Management Act of 2009
(16 U.S.C. 7303(b)).
``(c) Limitations.--
``(1) Project size.--A project under this section may not
exceed 3000 acres.
``(2) Location.--A project under this section shall be--
``(A) Prioritized within the wildland-urban interface;
``(B) If located outside the wildland-urban interface,
limited to areas within Condition Classes 2 or 3 in Fire Regime
Groups I, II, or III that contain very high wildfire hazard
potential; and
``(C) Limited to areas designated under section 602(b) as
of the date of enactment of this Act.
``(3) Roads.--
``(A) Permanent roads.--
``(i) Prohibition on establishment.--A project under
this section shall not include the establishment of
permanent roads.
``(ii) Existing roads.--The Secretary may carry out
necessary maintenance and repairs on existing permanent
roads for the purposes of this section.
``(B) Temporary roads.--The Secretary shall decommission
any temporary road constructed under a project under this
section not later than 3 years after the date on which the
project is completed.
``(4) Extraordinary circumstances.--The Secretary shall apply
the extraordinary circumstances procedures under section 220.6 of
title 36, code of Federal regulations (or successor regulations),
when using the categorical exclusion under this section.
``(d) Exclusions.--This section does not apply to--
``(1) a component of the National Wilderness Preservation
System;
``(2) any Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation is restricted
or prohibited;
``(3) a congressionally designated wilderness study area; or
``(4) an area in which activities under subsection (a) would be
inconsistent with the applicable land and resource management plan.
``(e) Forest Management Plans.--All projects and activities carried
out under this section shall be consistent with the land and resource
management plan established under section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) for the unit
of the National Forest System containing the projects and activities.
``(f) Public Notice and Scoping.--The Secretary shall conduct
public notice and scoping for any project or action proposed in
accordance with this section.
``(g) Accountability.--
``(1) In general.--The Secretary shall prepare an annual report
on the use of categorical exclusions under this section that
includes a description of all acres (or other appropriate unit)
treated through projects carried out under this section.
``(2) Submission.--Not later than 1 year after the date of
enactment of this section, and each year thereafter, the Secretary
shall submit the reports required under paragraph (1) to--
``(A) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
``(B) the Committee on Environment and Public Works of the
Senate;
``(C) the Committee on Agriculture of the House of
Representatives;
``(D) the Committee on Natural Resources of the House of
Representatives; and
``(E) the Government Accountability Office.''.
SEC. 203. INSTALLATION OF FUEL BREAKS AND FIREBREAKS FOR HAZARDOUS FUEL
REDUCTION ON FEDERAL LAND.
Section 101(2) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511(2)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(2) by adding at the end the following:
``(B) Inclusion.--The term `authorized hazardous fuel
reduction project' includes, using the measures and methods
described in subparagraph (A), the installation of--
``(i) a natural or manmade change in fuel
characteristics that affects fire behavior such that a fire
can be more readily controlled (commonly known as a `fuel
break'); and
``(ii) a natural or constructed barrier used to stop or
check a fire or to provide a control line from which to
work to stop or check a fire (commonly known as a
`firebreak').''.
SEC. 204. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT CONTRACTING
PROJECTS.
Section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c) is amended--
(1) by redesignating subsections (h) and (i) as subsections (i)
and (j), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Cancellation Ceilings.--
``(1) In general.--Notwithstanding section 3903(b)(1) of title
41, United States Code, the Chief and the Director may obligate
funds in stages that are economically or programmatically viable to
cover any potential cancellation or termination costs for an
agreement or contract under subsection (b).
``(2) Advance notice to congress of cancellation ceiling in
excess of $25,000,000.--Not later than 30 days before entering into
a multiyear agreement or contract under subsection (b) that
includes a cancellation ceiling in excess of $25,000,000, but does
not include proposed funding for the costs of cancelling the
agreement or contract up to that cancellation ceiling, the Chief or
the Director, as applicable, shall submit to the Committee on
Energy and Natural Resources and the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Natural
Resources and the Committee on Agriculture of the House of
Representatives a written notice that includes--
``(A) a description of the cancellation ceiling amounts
proposed for each program year in the agreement or contract;
``(B) the reasons why the cancellation ceiling amounts
described under subparagraph (A) were selected;
``(C) a description of the extent to which the costs of
contract cancellation are not included in the budget for the
agreement or contract; and
``(D) an assessment of the financial risk of not including
budgeting for the costs of agreement or contract cancellation.
``(3) Transmittal of notice to omb.--Not later than 14 days
after the date on which written notice is provided under paragraph
(2), the Chief or the Director, as appropriate, shall transmit a
copy of the notice to the Director of the Office of Management and
Budget.''.
SEC. 205. EXCESS OFFSET VALUE.
Section 604(g)(2) of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591c(g)(2)) is amended by striking subparagraphs (A) and
(B) and inserting the following:
``(A) use the excess to satisfy any outstanding liabilities
for cancelled agreements or contracts; or
``(B) if there are no outstanding liabilities described in
subparagraph (A), apply the excess to other authorized
stewardship projects.''.
SEC. 206. SUBMISSION OF EXISTING ANNUAL REPORT.
Subsection (j) of section 604 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591c) (as redesignated by section 204 of this
Act), is amended by striking ``report to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Agriculture
of the House of Representatives'' and inserting ``submit to the
congressional committees described in subsection (h)(2) a report''.
SEC. 207. 20-YEAR STEWARDSHIP CONTRACTING.
(a) In General.--The Secretary of Agriculture and the Secretary of
the Interior may award contracts or agreements under section 604 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511), for terms not
to exceed 20 years on areas where the majority of Federal lands are in
Fire Regime Groups I, II, or III.
(b) Preference.--In awarding a contract under this section, the
Secretary concerned may, notwithstanding the Federal Acquisition
Regulations, give a procurement preference to a contractor that would,
as part of the contract, promote an innovative use of forest products,
including cross-laminated timber.
SEC. 208. CONSULTATION UNDER FOREST AND RANGELAND RENEWABLE RESOURCES
PLANNING ACT OF 1974.
(a) Consultation Regarding Land Management Plans.--Section 6(d) of
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604(d)) is amended--
(1) by striking ``(d) The Secretary'' and inserting the
following:
``(d) Public Participation and Consultation.--
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) No additional consultation required after approval of
land management plans.--
``(A) In general.--Except as provided in subparagraph (B),
notwithstanding any other provision of law, the Secretary shall
not be required to engage in consultation under this section or
any other provision of law (including section 7 of Public Law
93-205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of
Federal Regulations (or a successor regulation)) with respect
to--
``(i) the listing of a species as threatened or
endangered, or a designation of critical habitat pursuant
to Public Law 93-205 (16 U.S.C. 1531 et seq.), if a land
management plan has been adopted by the Secretary as of the
date of listing or designation; and
``(ii) any provision of a land management plan adopted
as described in clause (i).
``(B) Exception.--Subparagraph (A) shall not apply if--
``(i) 15 years have passed since the date on which the
Secretary adopted the land management plan described in
clause (i) of that subparagraph; and
``(ii) 5 years have passed since the date of enactment
of this section or the date of the listing of a species as
threatened or endangered for a species known to occur on
the unit or the designation of critical habitat within the
unit as described in clause (i) of that subparagraph,
whichever is later.
``(C) Effect of paragraph.--Nothing in this paragraph
affects any applicable requirement of the Secretary to consult
with the head of any other Federal department or agency--
``(i) regarding any project carried out, or proposed to
be carried out, to implement a land management plan
pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.),
including any requirement to consult regarding the
consideration of cumulative impacts of completed, ongoing,
and planned projects; or
``(ii) with respect to--
``(I) the development of a modification to a land
management plan; or
``(II) an amendment or revision to a land
management plan in accordance with paragraph (4) or (5)
of subsection (f).''.
(b) Definition of Secretary; Conforming Amendments.--
(1) Definition of secretary.--Section 3(a) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1601(a)) is amended, in the first sentence of the matter preceding
paragraph (1), by inserting ``(referred to in this Act as the
`Secretary')'' after ``Secretary of Agriculture''.
(2) Conforming amendments.--The Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is amended,
in sections 4 through 9, 12, 13, and 15, by striking ``Secretary of
Agriculture'' each place it appears and inserting ``Secretary''.
SEC. 209. OREGON AND CALIFORNIA RAILROAD REVESTED LANDS AND COOS BAY
WAGON ROAD RECONVEYED LANDS.
(a) In General.--Notwithstanding any other provision of law, with
respect to the Oregon and California Railroad grant land revested in
the United States by the Act of June 9, 1916 (39 Stat. 218, chapter
137), and the Coos Bay Wagon Road grant land reconveyed to the United
States by the first section of the Act of February 26, 1919 (40 Stat.
1179, chapter 47), that is managed under the Act of August 28, 1937 (43
U.S.C. 2601 et seq.), the Secretary of the Interior, acting through the
Director of the Bureau of Land Management, shall not be required to
engage in consultation under any law (including section 7 of Public Law
93-205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal
Regulations (or a successor regulation)), with respect to--
(1) the listing of a species as threatened or endangered, or a
designation of critical habitat, pursuant to Public Law 93-205 (16
U.S.C. 1531 et seq.), if a land use plan has been adopted by the
Secretary of the Interior as of the date of listing or designation;
and
(2) any provision of a land use plan adopted as described in
paragraph (1).
(b) Effect of Section.--Nothing in this section affects any
applicable requirement of the Secretary of the Interior to consult with
the head of any other Federal department or agency--
(1) regarding a project carried out, or proposed to be carried
out, pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.),
including any requirement to consult regarding the consideration of
the cumulative impacts of completed, ongoing, and planned projects;
or
(2) with respect to the development of a new land use plan or
the revision of or other significant change to an existing land use
plan.
SEC. 210. WILDFIRE HAZARD SEVERITY MAPPING FOR COMMUNITIES.
(a) Map Required.--Not later than 2 years after the date of the
enactment of this section, the Secretary of Agriculture, acting through
the Chief of the Forest Service, shall--
(1) develop and publish a geospatial map appropriate for
community-level use that depicts wildfire hazard severity to inform
at-risk communities that are--
(A) adjacent to National Forest System lands; or
(B) affected by wildland fire, as determined by the
Secretary; and
(2) disseminate the information under paragraph (1) in an
appropriate, web-based format for use by such communities to--
(A) improve understanding of their risk profile;
(B) clarify thinking on the nature and effect of wildfire
risks; and
(C) develop plans to manage and mitigate those risks.
(b) Purposes of Map.--The purposes of the map required under
subsection (a) are as follows:
(1) To inform evaluations of wildfire risk.
(2) To prioritize fuels management needs.
(3) To depict the relative potential for wildfire that could be
difficult for suppression resources to contain and that could cause
ignitions to structures.
(c) Consultation.--In carrying out subsection (a), the Secretary of
Agriculture and Chief of the Forest Service shall consult with--
(1) the Secretary of the Interior;
(2) the Administrator of the Federal Emergency Management
Agency;
(3) other appropriate Federal agencies;
(4) States;
(5) relevant colleges, universities, and institutions of higher
education with relevant expertise; and
(6) other entities, as appropriate.
(d) At-risk Community Defined.--The term ``at-risk community'' has
the meaning given the term in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511).
SEC. 211. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND
MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS OF WAY.
(a) In General.--Title V of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end
the following:
``SEC. 512. VEGETATION MANAGMENT, FACILITY INSPECTION, AND OPERATION
AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS OF WAY.
``(a) Definitions.--In this section:
``(1) Hazard tree.--The term `hazard tree' means any tree or
part thereof (whether located inside or outside a right-of-way)
that has been designated, prior to tree failure, by a certified or
licensed arborist or forester under the supervision of the
Secretary concerned or the owner or operator of a transmission or
distribution facility to be--
``(A) dead, likely to die within the routine vegetation
management cycle, or likely to fail within the routine
vegetation management cycle; and
``(B) if the tree or part of the tree failed, likely to--
``(i) cause substantial damage or disruption to a
transmission or distribution facility; or
``(ii) come within 10 feet of an electric power line.
``(2) Owner; operator.--The terms `owner' and `operator'
include contractors or other agents engaged by the owner or
operator of an electric transmission or distribution facility.
``(3) Plan.--The term `plan' means a vegetation management,
facility inspection, and operation and maintenance plan that--
``(A) is prepared by the owner or operator of 1 or more
electric transmission or distribution facilities to cover 1 or
more electric transmission and distribution rights-of-way; and
``(B) provides for the long-term, cost-effective,
efficient, and timely management of facilities and vegetation
within the width of the right-of-way and abutting Federal land,
including hazard trees, to enhance electric reliability,
promote public safety, and avoid fire hazards.
``(4) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary, with respect to public lands; and
``(B) the Secretary of Agriculture, with respect to
National Forest System land.
``(b) Guidance.--
``(1) In general.--To enhance the reliability of the electric
grid and reduce the threat of wildfire damage to, and wildfire
caused by vegetation-related conditions within, electric
transmission and distribution rights-of-way and abutting Federal
land, including hazard trees, the Secretary concerned shall issue
and periodically update guidance to ensure that provisions are
appropriately developed and implemented for utility vegetation
management, facility inspection, and operation and maintenance of
rights-of-way, regardless of the means by which the rights-of-way
are established (including by grant, special use authorization, and
easement).
``(2) Limitation.--The guidance issued under paragraph (1)
shall be compatible with mandatory reliability standards
established by the Electric Reliability Organization.
``(3) Considerations.--The guidance issued under paragraph (1)
shall take into account--
``(A) all applicable law, including fire safety and
electric system reliability requirements (including reliability
standards established by the Electric Reliability Organization
under section 215 of the Federal Power Act (16 U.S.C. 824o));
and
``(B) the Memorandum of Understanding on Vegetation
Management for Powerline Rights-of-Way between the Edison
Electric Institute, Utility Arborist Association, the
Department of the Interior, the Department of Agriculture, and
the Environmental Protection Agency signed in 2016.
``(4) Requirements.--The guidance issued under paragraph (1)
shall--
``(A) be developed in consultation with the owners of
transmission and distribution facilities that hold rights-of-
way;
``(B) seek to minimize the need for case-by-case approvals
for --
``(i) routine vegetation management, facility
inspection, and operation and maintenance activities; and
``(ii) utility vegetation management activities that
are necessary to control hazard trees; and
``(C) provide for prompt and timely review of requests to
conduct vegetation management activities that require approval
of the Secretary concerned, especially activities requiring
expedited or immediate action.
``(c) Vegetation Management, Facility Inspection, and Operation and
Maintenance Plans.--
``(1) Development and submission.--Consistent with subsection
(b), the Secretary concerned shall provide owners and operators of
electric transmission or distribution facilities located on public
lands and National Forest System land, as applicable, with the
option to develop and submit a plan.
``(2) ERO standards.--Owners and operators subject to mandatory
reliability standards established by the Electric Reliability
Organization (or superseding standards) may use those standards as
part of the plan.
``(3) Plan requirements.--A plan developed under paragraph (1)
shall--
``(A) identify the applicable transmission or distribution
facilities to be maintained;
``(B) take into account operations and maintenance plans
for the applicable transmission or distribution line;
``(C) describe the vegetation management, inspection, and
operation and maintenance methods that may be used to comply
with all applicable law, including fire safety requirements and
reliability standards established by the Electric Reliability
Organization;
``(D) include schedules for--
``(i) the applicable owner or operator to notify the
Secretary concerned about routine and major maintenance;
``(ii) the applicable owner or operator to request
approval from the Secretary concerned about undertaking
routine and major maintenance; and
``(iii) the Secretary concerned to respond to a request
by an owner or operator under clause (ii); and
``(E) describe processes for--
``(i) identifying changes in conditions; and
``(ii) modifying the approved plan, if necessary.
``(4) Review and approval process.--
``(A) In general.--The Secretary concerned shall jointly
develop a consolidated and coordinated process for the review
and approval of plans submitted under paragraph (1) that--
``(i) includes timelines and benchmarks for--
``(I) the submission of agency comments on the
plans and schedules for final decision; and
``(II) the timely review of modifications of the
plans in cases in which modifications are necessary;
``(ii) is consistent with applicable law; and
``(iii) includes a process for modifications to a plan
in a prompt manner if changed conditions necessitate a
modification to a plan; and
``(iv) ensures, to the maximum extent practicable, a
prompt review and approval process not to exceed 120 days.
``(B) Plan modification.--Upon reasonable advance notice to
an owner or operator of an electric transmission or
distribution facility of any changed conditions that warrant a
modification to a plan, the Secretary concerned shall--
``(i) provide an opportunity for the owner or operator
to submit a proposed plan modification, consistent with the
process described under subparagraph (A)(iii), to address
the changed condition identified by the Secretary
concerned;
``(ii) consider the proposed plan modification
consistent with the process described under paragraph
(4)(A); and
``(iii) allow the owner or operator to continue to
implement any element of the approved plan that does not
directly and adversely affect the condition precipitating
the need for modification.
``(5) Categories of actions not requiring environmental
analysis.--With respect to the development and approval of plans
submitted under paragraph (1), as well as with respect to actions
carried out under such plans, the Secretary concerned shall
identify categories of actions for which neither an environmental
impact statement nor an environmental assessment shall be required
under section 1508.4 of title 40, Code of Federal Regulations (or a
successor regulation).
``(d) Certain Owners and Operators.--
``(1) In general.--The owner or operator of an electric
transmission or distribution facility that is not subject to the
mandatory reliability standards established by the Electric
Reliability Organization or that sold less than or equal to
1,000,000 megawatt hours of electric energy for purposes other than
resale during each of the 3 calendar years immediately preceding
the date of enactment of this section may enter into an agreement
with the Secretary concerned in lieu of a plan under subsection
(c).
``(2) Minimum requirements.--The Secretary concerned shall
ensure that the minimum requirements for an agreement under
paragraph (1)--
``(A) reflect the relative financial resources of the
applicable owner or operator compared to other owners or
operators of an electric transmission or distribution facility;
``(B) include schedules as described in subsection
(c)(3)(D);
``(C) are subject to modification requirements as described
in subsection (c)(4)(B); and
``(D) comply with applicable law.
``(e) Emergency Conditions.--If vegetation or hazard trees have
contacted or present an imminent danger of contacting an electric
transmission or distribution line from within or adjacent to an
electric transmission or distribution right-of-way, the owner or
operator of the electric transmission or distribution lines--
``(1) may prune or remove the vegetation or hazard tree--
``(A) to avoid the disruption of electric service; and
``(B) to eliminate immediate fire and safety hazards; and
``(2) shall notify the appropriate local agent of the Secretary
concerned not later than 1 day after the date of the response to
emergency conditions.
``(f) Activities That Require Approval.--
``(1) In general.--Except as provided under paragraph (3), the
owner or operator of an electric transmission or distribution
facility may conduct vegetation management activities that require
approval of the Secretary concerned in accordance with a plan
approved under subsection (c) or an agreement entered into under
subsection (d) only with the approval of the Secretary concerned.
``(2) Requirement to respond.--The Secretary concerned shall
respond to a request for approval to conduct vegetation management
activities in accordance with the applicable schedules in a plan
approved under subsection (c) or an agreement entered into under
subsection (d).
``(3) Authorized activities.--The owner or operator of an
electric transmission or distribution facility may conduct
vegetation management activities that require approval of the
Secretary concerned in accordance with a plan approved under
subsection (c) or an agreement entered into under subsection (d)
without the approval of the Secretary concerned if--
``(A) the owner or operator submitted a request to the
Secretary concerned in accordance with the applicable schedule
in a plan approved under subsection (c) or an agreement entered
into under subsection (d);
``(B) the vegetation management activities, including the
removal of hazard trees, proposed in the request under
subparagraph (A) are in accordance with a plan approved under
subsection (c) or an agreement entered into under subsection
(d); and
``(C) the Secretary concerned fails to respond to the
request under subparagraph (A) in accordance with the
applicable schedule in a plan approved under subsection (c) or
an agreement entered into under subsection (d).
``(g) Liability.--
``(1) In general.--The Secretary concerned shall not impose
strict liability for damages or injury resulting from--
``(A) the Secretary concerned unreasonably withholding or
delaying--
``(i) approval of a plan under subsection (c); or
``(ii) entrance into an agreement under subsection (d);
or
``(B) the Secretary concerned unreasonably failing to
adhere to an applicable schedule in a plan approved under
subsection (c) or an agreement entered into under subsection
(d).
``(2) Damages.--For the period ending 10 years after the date
of the enactment of this subsection, the Secretary concerned shall
not impose strict liability in an amount greater than $500,000 per
incident for damages or injury resulting from activities conducted
by an owner or operator in accordance with an approved agreement
under subsection (d).
``(3) Rule of construction.--Nothing in paragraph (2) shall be
construed to effect any liability imposed by the Secretary
concerned under section 251.56(d) of title 36, Code of Federal
Regulations (as in effect on the date of the enactment of this
section) and section 2807.12 of title 43, Code of Federal
Regulations (as in effect on the date of the enactment of this
section), for activities conducted by an owner or operator in
accordance with an approved plan under subsection (c).
``(h) Reporting Requirement.--
``(1) Activities that require approval.--The Secretary
concerned shall report requests and actions made under subsection
(f) annually on the website of the Secretary concerned.
``(2) Liability.--Not later than four years after the date of
enactment of this subsection, the Secretary concerned shall prepare
and submit a report to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate that describes the effect on the Treasury
of the strict liability limitation established by subsection
(g)(2).
``(i) Training and Guidance.--In consultation with the electric
utility industry, the Secretary concerned is encouraged to develop a
program to train personnel of the Department of the Interior and the
Forest Service involved in vegetation management decisions relating to
electric transmission and distribution facilities to ensure that the
personnel--
``(1) understand electric system reliability requirements as
the requirements relate to vegetation management of transmission
and distribution rights-of-way on Federal land, including
reliability standards established by the Electric Reliability
Organization and fire safety requirements;
``(2) assist owners and operators of electric transmission and
distribution facilities in complying with applicable electric
reliability and fire safety requirements;
``(3) encourage and assist willing owners and operators of
electric transmission and distribution facilities to incorporate on
a voluntary basis vegetation management practices to enhance
habitats and forage for pollinators and for other wildlife if the
practices are compatible with the integrated vegetation management
practices necessary for reliability and safety; and
``(4) understand how existing and emerging unmanned
technologies can help electric utilities, the Federal Government,
State and local governments, and private landowners--
``(A) to more efficiently identify vegetation management
needs;
``(B) to reduce the risk of wildfires; and
``(C) to lower ratepayer energy costs.
``(j) Implementation.--The Secretary concerned shall--
``(1) not later than 1 year after the date of enactment of this
section, propose regulations, or amend existing regulations, to
implement this section; and
``(2) not later than 2 years after the date of enactment of
this section, finalize regulations, or amend existing regulations,
to implement this section.
``(k) Existing Vegetation Management, Facility Inspection, and
Operation and Maintenance Plans.--Nothing in this section requires an
owner or operator to develop and submit a new plan under this section
if a plan consistent with this section has already been approved by the
Secretary concerned before the date of enactment of this section.''.
(b) Clerical Amendment.--The table of sections for the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.), is amended
by inserting after the item relating to section 511 the following new
item:
``Sec. 512. Vegetation management, facility inspection, and operation
and maintenance relating to electric transmission and
distribution facility rights-of-way.''.
SEC. 212. GOOD NEIGHBOR AUTHORITY IMPROVEMENT.
Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C.
2113a(a)) is amended--
(1) in paragraph (3)(B)(i), by striking ``areas; or'' and
inserting the following: ``areas, other than the reconstruction,
repair, or restoration of a National Forest System road that is--
``(I) necessary to carry out authorized restoration
services pursuant to a good neighbor agreement; and
``(II) in the case of a National Forest System road
that is determined to be unneeded in accordance with
section 212.5(b)(2) of title 36, Code of Federal
Regulations (as in effect on the date of enactment of
the Good Neighbor Authority Improvement Act),
decommissioned in accordance with subparagraph
(A)(iii)--
``(aa) in a manner that is consistent with the
applicable travel management plan; and
``(bb) not later than 3 years after the date on
which the applicable authorized restoration
services project is completed; or'';
(2) by redesignating paragraphs (6) and (7) as paragraphs (7)
and (8), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) National forest system road.--The term `National Forest
System road' has the meaning given the term in section 212.1 of
title 36, Code of Federal Regulations (as in effect on the date of
enactment of the Good Neighbor Authority Improvement Act).''.
TITLE III--FEDERAL LAND TRANSACTION FACILITATION REAUTHORIZATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Federal Land Transaction
Facilitation Act Reauthorization of 2018''.
SEC. 302. FEDERAL LAND TRANSACTION FACILITATION ACT.
The Federal Land Transaction Facilitation Act is amended--
(1) in section 203(1) (43 U.S.C. 2302(1)), by striking
``cultural, or'' and inserting ``cultural, recreational access and
use, or other'';
(2) in section 203(2) (43 U.S.C. 2302(2))--
(A) in the matter preceding subparagraph (A), by striking
``on the date of enactment of this Act was'' and inserting
``is'';
(B) by amending subparagraph (A) to read as follows:
``(A) a national monument, area of critical environmental
concern, national conservation area, national riparian
conservation area, national recreation area, national scenic
area, research natural area, national outstanding natural area,
priority species and habitats designated in a land use plan in
accordance with subpart E (entitled ``Fish and Wildlife'') of
part I of Appendix C of Bureau of Land Management Land Use
Planning Handbook H-1601-1 (Rel 1-1693), a special recreation
management area, or a national natural landmark managed by the
Bureau of Land Management;''; and
(C) by amending subparagraph (D) to read as follows:
``(D) a National Forest or National Grassland in the
National Forest System; or'';
(3) in section 203 (43 U.S.C. 2302), by inserting the following
paragraph after section 203(2) (and redesignating the following
paragraphs accordingly):
``(3) Inaccessible lands that are open to public hunting,
fishing, recreational shooting, or other recreational purposes.--
The term `inaccessible lands that are open to public hunting,
fishing, recreational shooting, or other recreational purposes'
means public lands in Alaska and the eleven contiguous Western
States (as defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)) consisting of at least 640
contiguous acres on which the public is allowed under Federal or
State law to hunt, fish, target shoot or use the land for other
recreational purposes but--
``(A) to which there is no public access or egress; or
``(B) to which public access or egress to the land is
significantly restricted, as determined by the Secretary.'';
and
(4) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``section 206'' and all
that follows through the period and inserting the following:
``section 206--
``(1) to complete appraisals and satisfy other legal
requirements for the sale or exchange of public land identified for
disposal under approved land use plans under section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712);
``(2) not later than 180 days after the date of the enactment
of the Federal Land Transaction Facilitation Act Reauthorization of
2018, to establish and make available to the public, on the website
of the Department of the Interior, a database containing a
comprehensive list of all the land referred to in paragraph (1);
and
``(3) to maintain the database referred to in paragraph (2).'';
and
(B) by striking subsection (d);
(5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))--
(A) in subparagraph(A)(i), by striking ``inholdings; and''
and inserting ``inholdings;'';
(B) in subparagraph (A)(ii), by striking ``exceptional
resources.'' and inserting ``exceptional resources; or'';
(C) in subparagraph (A), by inserting after clause (ii),
``(iii) adjacent to inaccessible lands open to public hunting,
fishing, recreational shooting, or other recreational
purposes.''; and
(D) by adding at the end the following:
``(E) Any funds made available under subparagraph (D) that
are not obligated or expended by the end of the fourth full
fiscal year after the date of the sale or exchange of land that
generated the funds may be expended in any State.'';
(6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))--
(A) by inserting after subparagraph (A) the following:
``(B) the extent to which the acquisition of the land or
interest therein will increase the public availability of
resources for, and facilitate public access to, hunting,
fishing, and other recreational activities;''; and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D);
(7) by striking section 206(f) (43 U.S.C. 2305(f)); and
(8) in section 207(b) (43 U.S.C. 2306(b))--
(A) in paragraph (1)--
(i) by striking ``96-568'' and inserting ``96-586'';
and
(ii) by striking ``; or'' and inserting a semicolon;
(B) in paragraph (2)--
(i) by inserting ``Public Law 105-263;'' before ``112
Stat.''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(3) the White Pine County Conservation, Recreation, and
Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
``(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
``(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-11);
``(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public
Law 111-11);
``(7) section 2601 of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 1108); or
``(8) section 2606 of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 1121).''.
TITLE IV--EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000
SEC. 401. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000.
(a) Secure Payments for States and Counties Containing Federal
Land.--
(1) Full funding amount.--Section 3(11) of the Secure Rural
Schools and Community Self-Determination Act (16 U.S.C. 7102(11))
is amended--
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C)--
(i) by striking ``and each fiscal year thereafter'' and
inserting ``through fiscal year 2015''; and
(ii) by striking the period and inserting a semi-colon;
and
(C) by adding at the end the following:
``(D) for fiscal year 2017, the amount that is equal to 95
percent of the full funding amount for fiscal year 2015; and
``(E) for fiscal year 2018 and each fiscal year thereafter,
the amount that is equal to 95 percent of the full funding
amount for the preceding fiscal year.''.
(2) Secure payments.--
(A) In general.--Section 101 of the Secure Rural Schools
and Community Self-Determination Act of 2000 (16 U.S.C. 7111)
is amended, in subsections (a) and (b), by striking ``2015''
each place it appears and inserting ``2015, 2017, and 2018''.
(B) Special rule for fiscal year 2017 payments.--Section
101 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7111) is amended by adding
at the end the following:
``(d) Special Rule for Fiscal Year 2017 Payments.--
``(1) State payment.--If an eligible county in a State that
will receive a share of the State payment for fiscal year 2017 has
already received, or will receive, a share of the 25-percent
payment for fiscal year 2017 distributed to the State before the
date of enactment of this subsection, the amount of the State
payment shall be reduced by the amount of the share of the eligible
county of the 25-percent payment.
``(2) County payment.--If an eligible county that will receive
a county payment for fiscal year 2017 has already received a 50-
percent payment for fiscal year 2017, the amount of the county
payment shall be reduced by the amount of the 50-percent payment.
``(3) Prompt payment.--Not later than 45 days after the date of
enactment of this subsection, the Secretary of the Treasury shall
make all payments under this title for fiscal year 2017.''.
(3) Payments to states and counties.--
(A) Election to receive payment amount.--Section 102(b) of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7112(b)) is amended--
(i) in paragraph (1), by adding after subparagraph (C)
the following:
``(D) Payments for fiscal years 2017 and 2018.--The
election otherwise required by subparagraph (A) shall not apply
for fiscal years 2017 or 2018.''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by inserting ``and for
fiscal years 2017 and 2018'' after ``2015''; and
(II) in subparagraph (B), by inserting ``and for
fiscal years 2017 and 2018'' after ``2015''.
(B) Expenditure rules for eligible counties.--Section
102(d) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(d)) is amended--
(i) in paragraph (1), by adding after subparagraph (E)
the following:
``(F) Payments for fiscal years 2017 and 2018.--The
election made by an eligible county under subparagraph (B),
(C), or (D) for fiscal year 2013, or deemed to be made by the
county under paragraph (3)(B) for that fiscal year, shall be
effective for fiscal years 2017 and 2018.''; and
(ii) in paragraph (3)--
(I) in subparagraph (B)(ii), by striking ``purpose
described in section 202(b)'' and inserting ``purposes
described in section 202(b), section 203(c), or section
204(a)(5)''; and
(II) by adding after subparagraph (C) the
following:
``(D) Payments for fiscal years 2017 and 2018.--This
paragraph does not apply for fiscal years 2017 and 2018.''.
(C) Elections as to allocation of balance.--Section
102(d)(1) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(d)(1)) is amended--
(i) in subparagraph (B)(ii), by striking ``not more
than 7 percent of the total share for the eligible county
of the State payment or the county payment'' and inserting
``any portion of the balance''; and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) Counties with major distributions.--In the case of
each eligible county to which $350,000 or more is distributed
for any fiscal year pursuant to paragraph (1)(B) or (2)(B) of
subsection (a), the eligible county shall elect to do 1 or more
of the following with the balance of any funds not expended
pursuant to subparagraph (A):
``(i) Reserve any portion of the balance for projects
in accordance with title II.
``(ii) Reserve not more than 7 percent of the total
share for the eligible county of the State payment or the
county payment for projects in accordance with title III.
``(iii) Return the portion of the balance not reserved
under clauses (i) and (ii) to the Treasury of the United
States.''.
(D) Treatment as supplemental funding.--Section 102 of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7112) is amended by adding at the end the
following:
``(f) Treatment as Supplemental Funding.--
``(1) In general.--None of the funds made available to an
eligible county under this Act may be used in lieu of, or to
otherwise offset, a State funding source for a local school,
facility, or educational purpose.
``(2) Continuation of direct payments.--Payments to States made
under the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7101 et seq.) and 25-percent payments made to
States and Territories under the Acts of May 23, 1908, and March 1,
1911 (16 U.S.C. 500), shall continue to be made as direct payments
and not as Federal financial assistance.''.
(E) Distribution of payments to eligible counties.--Section
103(d)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by
striking ``2015'' and inserting ``and for fiscal years 2017 and
2018''.
(b) Continuation of Authority to Conduct Special Projects on
Federal Land.--
(1) Repeal of contracting pilot program.--Section 204(e) of the
Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7124(e)) is amended by striking paragraph (3).
(2) Resource advisory committees.--Section 205(a)(4) of the
Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' each place
it appears and inserting ``2018''.
(3) Availability of project funds.--Section 207(d)(2) of the
Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7127(d)(2)) is amended by striking ``subparagraph (B)''
and inserting ``subparagraph (B)(i), (B)(ii),''.
(4) Termination of authority.--Section 208 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7128) is amended--
(A) in subsection (a), by striking ``2017'' and inserting
``2020''; and
(B) in subsection (b), by striking ``2018'' and inserting
``2021''.
(c) Termination of Authority.--Section 304 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7144)
is amended--
(1) in subsection (a), by striking ``2017'' and inserting
``2020''; and
(2) in subsection (b), by striking ``2018'' and inserting
``2021''.
SEC. 402. ADDITIONAL AUTHORIZED USE OF RESERVED FUNDS FOR TITLE III
COUNTY PROJECTS.
Section 302(a) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7142(a)) is amended--
(1) in paragraph (2)--
(A) by inserting ``and law enforcement patrols'' after
``including firefighting''; and
(B) by striking ``and'' at the end;
(2) in paragraph (3), by inserting ``and carry out'' after
``develop'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) to cover training costs and equipment purchases directly
related to the emergency services described in paragraph (2);
and''.
TITLE V--STRATEGIC PETROLEUM RESERVE DRAWDOWN
SEC. 501. STRATEGIC PETROLEUM RESERVE DRAWDOWN.
(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as provided in
subsection (b), the Secretary of Energy shall draw down and sell
10,000,000 barrels of crude oil from the Strategic Petroleum
Reserve during the period of fiscal years 2020 through 2021.
(2) Deposit of amounts received from sale.--Amounts received
from a sale under paragraph (1) shall be deposited in the general
fund of the Treasury during the fiscal year in which the sale
occurs.
(b) Emergency Protection.--The Secretary of Energy may not draw
down and sell crude oil under this section in quantities that would
limit the authority to sell petroleum products under subsection (h) of
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241)
in the full quantity authorized by that subsection.
(c) Strategic Petroleum Drawdown Limitations.--Section 161(h)(2) of
the Energy Policy and Conservation Act (42 U.S.C. 6241(h)(2)) is
amended by striking ``350,000,000'' each place it appears and inserting
``340,000,000''.
DIVISION P--RAY BAUM'S ACT OF 2018
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Repack
Airwaves Yielding Better Access for Users of Modern Services Act of
2018'' or the ``RAY BAUM'S Act of 2018''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Commission defined.
TITLE I--FCC REAUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Application and regulatory fees.
Sec. 103. Effective date.
TITLE II--APPLICATION OF ANTIDEFICIENCY ACT
Sec. 201. Application of Antideficiency Act to Universal Service
Program.
TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS
Sec. 301. Study on network resiliency.
Sec. 302. Access to essential service providers during federally
declared emergencies.
Sec. 303. Definitions.
TITLE IV--FCC CONSOLIDATED REPORTING
Sec. 401. Communications marketplace report.
Sec. 402. Consolidation of redundant reports; conforming amendments.
Sec. 403. Effect on authority.
Sec. 404. Other reports.
TITLE V--ADDITIONAL PROVISIONS
Sec. 501. Independent Inspector General for FCC.
Sec. 502. Authority of Chief Information Officer.
Sec. 503. Spoofing prevention.
Sec. 504. Report on promoting broadband Internet access service for
veterans.
Sec. 505. Methodology for collection of mobile service coverage data.
Sec. 506. Accuracy of dispatchable location for 9-1-1 calls.
Sec. 507. NTIA study on interagency process following cybersecurity
incidents.
Sec. 508. Tribal digital access.
Sec. 509. Terms of office and vacancies.
Sec. 510. Joint board recommendation.
Sec. 511. Disclaimer for press releases regarding notices of apparent
liability.
Sec. 512. Reports related to spectrum auctions.
TITLE VI--MOBILE NOW
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Identifying 255 megahertz.
Sec. 604. Millimeter wave spectrum.
Sec. 605. 3 gigahertz spectrum.
Sec. 606. Communications facilities deployment on Federal property.
Sec. 607. Broadband infrastructure deployment.
Sec. 608. Communications facilities installation.
Sec. 609. Reallocation incentives.
Sec. 610. Bidirectional sharing study.
Sec. 611. Unlicensed services in guard bands.
Sec. 612. Pre-auction funding.
Sec. 613. Immediate transfer of funds.
Sec. 614. Amendments to the Spectrum Pipeline Act of 2015.
Sec. 615. GAO assessment of unlicensed spectrum and Wi-Fi use in low-
income neighborhoods.
Sec. 616. Rulemaking related to partitioning or disaggregating licenses.
Sec. 617. Unlicensed spectrum policy.
Sec. 618. National plan for unlicensed spectrum.
Sec. 619. Spectrum challenge prize.
Sec. 620. Wireless telecommunications tax and fee collection fairness.
Sec. 621. Rules of construction.
Sec. 622. Relationship to Middle Class Tax Relief and Job Creation Act
of 2012.
Sec. 623. No additional funds authorized.
SEC. 2. COMMISSION DEFINED.
In this division, the term ``Commission'' means the Federal
Communications Commission.
TITLE I--FCC REAUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 6 of the Communications Act of 1934 (47
U.S.C. 156) is amended to read as follows:
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated to
the Commission to carry out the functions of the Commission
$333,118,000 for fiscal year 2019 and $339,610,000 for fiscal year
2020.
``(b) Offsetting Collections.--The sum appropriated in any fiscal
year to carry out the activities described in subsection (a), to the
extent and in the amounts provided for in Appropriations Acts, shall be
derived from fees authorized by section 9.''.
(b) Deposits of Bidders To Be Deposited in Treasury.--Section
309(j)(8)(C) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(C))
is amended--
(1) in the first sentence, by striking ``an interest bearing
account'' and all that follows and inserting ``the Treasury.'';
(2) in clause (i)--
(A) by striking ``paid to the Treasury'' and inserting
``deposited in the general fund of the Treasury (where such
deposits shall be used for the sole purpose of deficit
reduction)''; and
(B) by striking the semicolon and inserting ``; and'';
(3) in clause (ii), by striking ``; and'' and inserting ``, and
payments representing the return of such deposits shall not be
subject to administrative offset under section 3716(c) of title 31,
United States Code.''; and
(4) by striking clause (iii).
(c) Elimination of Duplicative Authorization of Appropriations.--
(1) In general.--Section 710 of the Telecommunications Act of
1996 (Public Law 104-104) is repealed.
(2) Conforming amendment.--The table of contents in section 2
of such Act is amended by striking the item relating to section
710.
(d) Transfer of Funds.--On the effective date described in section
103 of this title, any amounts in the account providing appropriations
to carry out the functions of the Commission that were collected in
excess of the amounts provided for in Appropriations Acts in any fiscal
year prior to such date shall be transferred to the general fund of the
Treasury of the United States for the sole purpose of deficit
reduction.
SEC. 102. APPLICATION AND REGULATORY FEES.
(a) Application Fees.--Section 8 of the Communications Act of 1934
(47 U.S.C. 158) is amended to read as follows:
``SEC. 8. APPLICATION FEES.
``(a) General Authority; Establishment of Schedule.--The Commission
shall assess and collect application fees at such rates as the
Commission shall establish in a schedule of application fees to recover
the costs of the Commission to process applications.
``(b) Adjustment of Schedule.--
``(1) In general.--In every even-numbered year, the Commission
shall review the schedule of application fees established under
this section and, except as provided in paragraph (2), set a new
amount for each fee in the schedule that is equal to the amount of
the fee on the date when the fee was established or the date when
the fee was last amended under subsection (c), whichever is later--
``(A) increased or decreased by the percentage change in
the Consumer Price Index during the period beginning on such
date and ending on the date of the review; and
``(B) rounded to the nearest $5 increment.
``(2) Threshold for adjustment.--The Commission may not adjust
a fee under paragraph (1) if--
``(A) in the case of a fee the current amount of which is
less than $200, the adjustment would result in a change in the
current amount of less than $10; or
``(B) in the case of a fee the current amount of which is
$200 or more, the adjustment would result in a change in the
current amount of less than 5 percent.
``(3) Current amount defined.--In paragraph (2), the term
`current amount' means, with respect to a fee, the amount of the
fee on the date when the fee was established, the date when the fee
was last adjusted under paragraph (1), or the date when the fee was
last amended under subsection (c), whichever is latest.
``(c) Amendments to Schedule.--In addition to the adjustments
required by subsection (b), the Commission shall by rule amend the
schedule of application fees established under this section if the
Commission determines that the schedule requires amendment--
``(1) so that such fees reflect increases or decreases in the
costs of processing applications at the Commission; or
``(2) so that such schedule reflects the consolidation or
addition of new categories of applications.
``(d) Exceptions.--
``(1) Parties to which fees are not applicable.--The
application fees established under this section shall not be
applicable to--
``(A) a governmental entity;
``(B) a nonprofit entity licensed in the Local Government,
Police, Fire, Highway Maintenance, Forestry-Conservation,
Public Safety, or Special Emergency Radio radio services; or
``(C) a noncommercial radio station or noncommercial
television station.
``(2) Cost of collection.--If, in the judgment of the
Commission, the cost of collecting an application fee established
under this section would exceed the amount collected, the
Commission may by rule eliminate such fee.
``(e) Deposit of Collections.--Moneys received from application
fees established under this section shall be deposited in the general
fund of the Treasury.''.
(b) Regulatory Fees.--Section 9 of the Communications Act of 1934
(47 U.S.C. 159) is amended to read as follows:
``SEC. 9. REGULATORY FEES.
``(a) General Authority.--The Commission shall assess and collect
regulatory fees to recover the costs of carrying out the activities
described in section 6(a) only to the extent, and in the total amounts,
provided for in Appropriations Acts.
``(b) Establishment of Schedule.--The Commission shall assess and
collect regulatory fees at such rates as the Commission shall establish
in a schedule of regulatory fees that will result in the collection, in
each fiscal year, of an amount that can reasonably be expected to equal
the amounts described in subsection (a) with respect to such fiscal
year.
``(c) Adjustment of Schedule.--
``(1) In general.--For each fiscal year, the Commission shall
by rule adjust the schedule of regulatory fees established under
this section to--
``(A) reflect unexpected increases or decreases in the
number of units subject to the payment of such fees; and
``(B) result in the collection of the amount required by
subsection (b).
``(2) Rounding.--In making adjustments under this subsection,
the Commission may round fees to the nearest $5 increment.
``(d) Amendments to Schedule.--In addition to the adjustments
required by subsection (c), the Commission shall by rule amend the
schedule of regulatory fees established under this section if the
Commission determines that the schedule requires amendment so that such
fees reflect the full-time equivalent number of employees within the
bureaus and offices of the Commission, adjusted to take into account
factors that are reasonably related to the benefits provided to the
payor of the fee by the Commission's activities. In making an amendment
under this subsection, the Commission may not change the total amount
of regulatory fees required by subsection (b) to be collected in a
fiscal year.
``(e) Exceptions.--
``(1) Parties to which fees are not applicable.--The regulatory
fees established under this section shall not be applicable to--
``(A) a governmental entity or nonprofit entity;
``(B) an amateur radio operator licensee under part 97 of
the Commission's rules (47 CFR part 97); or
``(C) a noncommercial radio station or noncommercial
television station.
``(2) Cost of collection.--If, in the judgment of the
Commission, the cost of collecting a regulatory fee established
under this section from a party would exceed the amount collected
from such party, the Commission may exempt such party from paying
such fee.
``(f) Deposit of Collections.--
``(1) In general.--Amounts received from fees authorized by
this section shall be deposited as an offsetting collection in, and
credited to, the account through which funds are made available to
carry out the activities described in section 6(a).
``(2) Deposit of excess collections.--Any regulatory fees
collected in excess of the total amount of fees provided for in
Appropriations Acts for a fiscal year shall be deposited in the
general fund of the Treasury of the United States for the sole
purpose of deficit reduction.''.
(c) Provisions Applicable to Application and Regulatory Fees.--
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is
amended by inserting after section 9 the following:
``SEC. 9A. PROVISIONS APPLICABLE TO APPLICATION AND REGULATORY FEES.
``(a) Judicial Review Prohibited.--Any adjustment or amendment to a
schedule of fees under subsection (b) or (c) of section 8 or subsection
(c) or (d) of section 9 is not subject to judicial review.
``(b) Notice to Congress.--The Commission shall transmit to
Congress notification--
``(1) of any adjustment under section 8(b) or 9(c) immediately
upon the adoption of such adjustment; and
``(2) of any amendment under section 8(c) or 9(d) not later
than 90 days before the effective date of such amendment.
``(c) Enforcement.--
``(1) Penalties for late payment.--The Commission shall by rule
prescribe an additional penalty for late payment of fees under
section 8 or 9. Such additional penalty shall be 25 percent of the
amount of the fee that was not paid in a timely manner.
``(2) Interest on unpaid fees and penalties.--The Commission
shall charge interest, at a rate determined under section 3717 of
title 31, United States Code, on a fee under section 8 or 9 or an
additional penalty under this subsection that is not paid in a
timely manner. Such section 3717 shall not otherwise apply with
respect to such a fee or penalty.
``(3) Dismissal of applications or filings.--The Commission may
dismiss any application or other filing for failure to pay in a
timely manner any fee under section 8 or 9 or any interest or
additional penalty under this subsection.
``(4) Revocations.--
``(A) In general.--In addition to or in lieu of the
penalties and dismissals authorized by this subsection, the
Commission may revoke any instrument of authorization held by
any licensee that has not paid in a timely manner a regulatory
fee assessed under section 9 or any related interest or
penalty.
``(B) Notice.--Revocation action may be taken by the
Commission under this paragraph after notice of the
Commission's intent to take such action is sent to the licensee
by registered mail, return receipt requested, at the licensee's
last known address. The notice shall provide the licensee at
least 30 days to either pay the fee, interest, and any penalty
or show cause why the fee, interest, or penalty does not apply
to the licensee or should otherwise be waived or payment
deferred.
``(C) Hearing.--
``(i) Generally not required.--A hearing is not
required under this paragraph unless the licensee's
response presents a substantial and material question of
fact.
``(ii) Evidence and burdens.--In any case where a
hearing is conducted under this paragraph, the hearing
shall be based on written evidence only, and the burden of
proceeding with the introduction of evidence and the burden
of proof shall be on the licensee.
``(iii) Costs.--Unless the licensee substantially
prevails in the hearing, the Commission may assess the
licensee for the costs of such hearing.
``(D) Opportunity to pay prior to revocation.--Any
Commission order adopted under this paragraph shall determine
the amount due, if any, and provide the licensee with at least
30 days to pay that amount or have its authorization revoked.
``(E) Finality.--No order of revocation under this
paragraph shall become final until the licensee has exhausted
its right to judicial review of such order under section
402(b)(5).
``(d) Waiver, Reduction, and Deferment.--The Commission may waive,
reduce, or defer payment of a fee under section 8 or 9 or an interest
charge or penalty under this section in any specific instance for good
cause shown, where such action would promote the public interest.
``(e) Payment Rules.--The Commission shall by rule permit payment--
``(1) in the case of fees under section 8 or 9 in large
amounts, by installments; and
``(2) in the case of fees under section 8 or 9 in small
amounts, in advance for a number of years not to exceed the term of
the license held by the payor.
``(f) Accounting System.--The Commission shall develop accounting
systems necessary to make the amendments authorized by sections 8(c)
and 9(d).''.
(d) Transitional Rules.--
(1) Application fees.--An application fee established under
section 8 of the Communications Act of 1934, as such section is in
effect on the day before the effective date described in section
103 of this title, shall remain in effect under section 8 of the
Communications Act of 1934, as amended by subsection (a) of this
section, until such time as the Commission adjusts or amends such
fee under subsection (b) or (c) of such section 8, as so amended.
(2) Regulatory fees.--A regulatory fee established under
section 9 of the Communications Act of 1934, as such section is in
effect on the day before the effective date described in section
103 of this title, shall remain in effect under section 9 of the
Communications Act of 1934, as amended by subsection (b) of this
section, until such time as the Commission adjusts or amends such
fee under subsection (c) or (d) of such section 9, as so amended.
(e) Rulemaking To Amend Schedule of Regulatory Fees.--
(1) In general.--Not later than 1 year after the effective date
described in section 103 of this title, the Commission shall
complete a rulemaking proceeding under subsection (d) of section 9
of the Communications Act of 1934, as amended by subsection (b) of
this section.
(2) Report to congress.--If the Commission has not completed
the rulemaking proceeding required by paragraph (1) by the date
that is 6 months after the effective date described in section 103
of this title, the Commission shall submit to Congress a report on
the progress of such rulemaking proceeding.
SEC. 103. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
on October 1, 2018.
TITLE II--APPLICATION OF ANTIDEFICIENCY ACT
SEC. 201. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL SERVICE
PROGRAM.
Section 302 of Public Law 108-494 (118 Stat. 3998) is amended by
striking ``December 31, 2018'' each place it appears and inserting
``December 31, 2019''.
TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS
SEC. 301. STUDY ON NETWORK RESILIENCY.
Not later than 36 months after the date of enactment of this Act,
the Commission shall submit to Congress, and make publically available
on the Commission's website, a study on the public safety benefits and
technical feasibility and cost of--
(1) making telecommunications service provider-owned WiFi
access points, and other communications technologies operating on
unlicensed spectrum, available to the general public for access to
9-1-1 services, without requiring any login credentials, during
times of emergency when mobile service is unavailable;
(2) the provision by non-telecommunications service provider-
owned WiFi access points of public access to 9-1-1 services during
times of emergency when mobile service is unavailable; and
(3) other alternative means of providing the public with access
to 9-1-1 services during times of emergency when mobile service is
unavailable.
SEC. 302. ACCESS TO ESSENTIAL SERVICE PROVIDERS DURING FEDERALLY
DECLARED EMERGENCIES.
Section 427(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5189e(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``telecommunications
service'' and inserting ``wireline or mobile telephone service,
Internet access service, radio or television broadcasting,
cable service, or direct broadcast satellite service'';
(B) in subparagraph (E), by striking the semicolon and
inserting ``; or'';
(C) by redesignating subparagraphs (A) through (E) as
clauses (i) through (v), respectively; and
(D) by adding at the end of the following:
``(B) is a tower owner or operator;''; and
(2) by striking ``(1) provides'' and inserting ``(1)(A)
provides''.
SEC. 303. DEFINITIONS.
As used in this title--
(1) the term ``mobile service'' means commercial mobile service
(as defined in section 332 of the Communications Act of 1934 (47
U.S.C. 332)) or commercial mobile data service (as defined in
section 6001 of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1401));
(2) the term ``WiFi access point'' means wireless Internet
access using the standard designated as 802.11 or any variant
thereof; and
(3) the term ``times of emergency'' means either an emergency
as defined in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122), or an emergency as
declared by the governor of a State or territory of the United
States.
TITLE IV--FCC CONSOLIDATED REPORTING
SEC. 401. COMMUNICATIONS MARKETPLACE REPORT.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 13. COMMUNICATIONS MARKETPLACE REPORT.
``(a) In General.--In the last quarter of every even-numbered year,
the Commission shall publish on its website and submit to the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the state of the communications marketplace.
``(b) Contents.--Each report required by subsection (a) shall--
``(1) assess the state of competition in the communications
marketplace, including competition to deliver voice, video, audio,
and data services among providers of telecommunications, providers
of commercial mobile service (as defined in section 332),
multichannel video programming distributors (as defined in section
602), broadcast stations, providers of satellite communications,
Internet service providers, and other providers of communications
services;
``(2) assess the state of deployment of communications
capabilities, including advanced telecommunications capability (as
defined in section 706 of the Telecommunications Act of 1996 (47
U.S.C. 1302)), regardless of the technology used for such
deployment;
``(3) assess whether laws, regulations, regulatory practices
(whether those of the Federal Government, States, political
subdivisions of States, Indian tribes or tribal organizations (as
such terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)), or
foreign governments), or demonstrated marketplace practices pose a
barrier to competitive entry into the communications marketplace or
to the competitive expansion of existing providers of
communications services;
``(4) describe the agenda of the Commission for the next 2-year
period for addressing the challenges and opportunities in the
communications marketplace that were identified through the
assessments under paragraphs (1) through (3); and
``(5) describe the actions that the Commission has taken in
pursuit of the agenda described pursuant to paragraph (4) in the
previous report submitted under this section.
``(c) Extension.--If the President designates a Commissioner as
Chairman of the Commission during the last quarter of an even-numbered
year, the portion of the report required by subsection (b)(4) may be
published on the website of the Commission and submitted to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate as
an addendum during the first quarter of the following odd-numbered
year.
``(d) Special Requirements.--
``(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission shall consider
all forms of competition, including the effect of intermodal
competition, facilities-based competition, and competition from new
and emergent communications services, including the provision of
content and communications using the Internet.
``(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission shall compile a
list of geographical areas that are not served by any provider of
advanced telecommunications capability.
``(3) Considering small businesses.--In assessing the state of
competition under subsection (b)(1) and regulatory barriers under
subsection (b)(3), the Commission shall consider market entry
barriers for entrepreneurs and other small businesses in the
communications marketplace in accordance with the national policy
under section 257(b).''.
SEC. 402. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING AMENDMENTS.
(a) ORBIT Act Report.--Section 646 of the Communications Satellite
Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed.
(b) Satellite Competition Report.--Section 4 of Public Law 109-34
(47 U.S.C. 703) is repealed.
(c) International Broadband Data Report.--Section 103(b)(1) of the
Broadband Data Improvement Act (47 U.S.C. 1303(b)(1)) is amended by
striking ``the assessment and report'' and all that follows through
``Federal Communications Commission'' and inserting ``its report under
section 13 of the Communications Act of 1934, the Federal
Communications Commission''.
(d) Status of Competition in the Market for the Delivery of Video
Programming Report.--Section 628 of the Communications Act of 1934 (47
U.S.C. 548) is amended--
(1) by striking subsection (g);
(2) by redesignating subsection (j) as subsection (g); and
(3) by transferring subsection (g) (as redesignated) so that it
appears after subsection (f).
(e) Report on Cable Industry Prices.--Section 623(k) of the
Communications Act of 1934 (47 U.S.C. 543(k)) is amended--
(1) in paragraph (1), by striking ``annually publish'' and
inserting ``publish with its report under section 13''; and
(2) in the heading of paragraph (2), by striking ``annual''.
(f) Triennial Report Identifying and Eliminating Market Entry
Barriers for Entrepreneurs and Other Small Businesses.--Section 257 of
the Communications Act of 1934 (47 U.S.C. 257) is amended by striking
subsection (c).
(g) State of Competitive Market Conditions With Respect to
Commercial Mobile Radio Services.--Section 332(c)(1)(C) of the
Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by
striking the first and second sentences.
(h) Previously Eliminated Annual Report.--
(1) In general.--Section 4 of the Communications Act of 1934
(47 U.S.C. 154) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendment.--Section 309(j)(8)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) is amended by
striking the last sentence.
(i) Additional Outdated Reports.--The Communications Act of 1934 is
further amended--
(1) in section 4--
(A) in subsection (b)(2)(B)(ii), by striking ``and shall
furnish notice of such action'' and all that follows through
``subject of the waiver''; and
(B) in subsection (g), by striking paragraph (2);
(2) in section 215--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b);
(3) in section 227(e), by striking paragraph (4);
(4) in section 309(j)--
(A) by striking paragraph (12); and
(B) in paragraph (15)(C), by striking clause (iv);
(5) in section 331(b), by striking the last sentence;
(6) in section 336(e), by amending paragraph (4) to read as
follows:
``(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the program required
by this subsection.'';
(7) in section 339(c), by striking paragraph (1);
(8) in section 396--
(A) by striking subsection (i);
(B) in subsection (k)--
(i) in paragraph (1), by striking subparagraph (F); and
(ii) in paragraph (3)(B)(iii), by striking subclause
(V);
(C) in subsection (l)(1)(B), by striking ``shall be
included'' and all that follows through ``The audit report'';
and
(D) by striking subsection (m);
(9) in section 398(b)(4), by striking the third sentence;
(10) in section 624A(b)(1)--
(A) by striking ``Report; regulations'' and inserting
``Regulations'';
(B) by striking ``Within 1 year after'' and all that
follows through ``on means of assuring'' and inserting ``The
Commission shall issue such regulations as are necessary to
assure''; and
(C) by striking ``Within 180 days after'' and all that
follows through ``to assure such compatibility.''; and
(11) in section 713, by striking subsection (a).
SEC. 403. EFFECT ON AUTHORITY.
Nothing in this title or the amendments made by this title shall be
construed to expand or contract the authority of the Commission.
SEC. 404. OTHER REPORTS.
Nothing in this title or the amendments made by this title shall be
construed to prohibit or otherwise prevent the Commission from
producing any additional reports otherwise within the authority of the
Commission.
TITLE V--ADDITIONAL PROVISIONS
SEC. 501. INDEPENDENT INSPECTOR GENERAL FOR FCC.
(a) Amendments.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in section 8G(a)(2), by striking ``the Federal
Communications Commission,''; and
(2) in section 12--
(A) in paragraph (1), by inserting ``, the Federal
Communications Commission,'' after ``the Chairman of the
Nuclear Regulatory Commission''; and
(B) in paragraph (2), by inserting ``the Federal
Communications Commission,'' after ``the Environmental
Protection Agency,''.
(b) Transition Rule.--An individual serving as Inspector General of
the Commission on the date of the enactment of this Act pursuant to an
appointment made under section 8G of the Inspector General Act of 1978
(5 U.S.C. App.)--
(1) may continue so serving until the President makes an
appointment under section 3(a) of such Act with respect to the
Commission consistent with the amendments made by subsection (a);
and
(2) shall, while serving under paragraph (1), remain subject to
the provisions of section 8G of such Act which, immediately before
the date of the enactment of this Act, applied with respect to the
Inspector General of the Commission and suffer no reduction in pay.
SEC. 502. AUTHORITY OF CHIEF INFORMATION OFFICER.
(a) In General.--The Commission shall ensure that the Chief
Information Officer of the Commission has a significant role in--
(1) the decision-making process for annual and multi-year
planning, programming, budgeting, and execution decisions, related
reporting requirements, and reports related to information
technology;
(2) the management, governance, and oversight processes related
to information technology; and
(3) the hiring of personnel with information technology
responsibilities.
(b) CIO Approval.--The Chief Information Officer of the Commission,
in consultation with the Chief Financial Officer of the Commission and
budget officials, shall specify and approve the allocation of amounts
appropriated to the Commission for information technology, consistent
with the provisions of appropriations Acts, budget guidelines, and
recommendations from the Director of the Office of Management and
Budget.
SEC. 503. SPOOFING PREVENTION.
(a) Expanding and Clarifying Prohibition on Misleading or
Inaccurate Caller Identification Information.--
(1) Communications from outside the united states.--Section
227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1))
is amended by striking ``in connection with any telecommunications
service or IP-enabled voice service'' and inserting ``or any person
outside the United States if the recipient is within the United
States, in connection with any voice service or text messaging
service''.
(2) Coverage of text messages and voice services.--Section
227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8))
is amended--
(A) in subparagraph (A), by striking ``telecommunications
service or IP-enabled voice service'' and inserting ``voice
service or a text message sent using a text messaging
service'';
(B) in the first sentence of subparagraph (B), by striking
``telecommunications service or IP-enabled voice service'' and
inserting ``voice service or a text message sent using a text
messaging service''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) Text message.--The term `text message'--
``(i) means a message consisting of text, images,
sounds, or other information that is transmitted to or from
a device that is identified as the receiving or
transmitting device by means of a 10-digit telephone number
or N11 service code;
``(ii) includes a short message service (commonly
referred to as `SMS') message and a multimedia message
service (commonly referred to as `MMS') message; and
``(iii) does not include--
``(I) a real-time, two-way voice or video
communication; or
``(II) a message sent over an IP-enabled messaging
service to another user of the same messaging service,
except a message described in clause (ii).
``(D) Text messaging service.--The term `text messaging
service' means a service that enables the transmission or
receipt of a text message, including a service provided as part
of or in connection with a voice service.
``(E) Voice service.--The term `voice service'--
``(i) means any service that is interconnected with the
public switched telephone network and that furnishes voice
communications to an end user using resources from the
North American Numbering Plan or any successor to the North
American Numbering Plan adopted by the Commission under
section 251(e)(1); and
``(ii) includes transmissions from a telephone
facsimile machine, computer, or other device to a telephone
facsimile machine.''.
(3) Technical amendment.--Section 227(e) of the Communications
Act of 1934 (47 U.S.C. 227(e)) is amended in the heading by
inserting ``Misleading or'' before ``Inaccurate''.
(4) Regulations.--
(A) In general.--Section 227(e)(3)(A) of the Communications
Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended by striking
``Not later than 6 months after the date of enactment of the
Truth in Caller ID Act of 2009, the Commission'' and inserting
``The Commission''.
(B) Deadline.--The Commission shall prescribe regulations
to implement the amendments made by this subsection not later
than 18 months after the date of enactment of this Act.
(5) Effective date.--The amendments made by this subsection
shall take effect on the date that is 6 months after the date on
which the Commission prescribes regulations under paragraph (4).
(b) Consumer Education Materials on How To Avoid Scams That Rely
Upon Misleading or Inaccurate Caller Identification Information.--
(1) Development of materials.--Not later than 1 year after the
date of enactment of this Act, the Commission, in coordination with
the Federal Trade Commission, shall develop consumer education
materials that provide information about--
(A) ways for consumers to identify scams and other
fraudulent activity that rely upon the use of misleading or
inaccurate caller identification information; and
(B) existing technologies, if any, that a consumer can use
to protect against such scams and other fraudulent activity.
(2) Contents.--In developing the consumer education materials
under paragraph (1), the Commission shall--
(A) identify existing technologies, if any, that can help
consumers guard themselves against scams and other fraudulent
activity that rely upon the use of misleading or inaccurate
caller identification information, including--
(i) descriptions of how a consumer can use the
technologies to protect against such scams and other
fraudulent activity; and
(ii) details on how consumers can access and use the
technologies; and
(B) provide other information that may help consumers
identify and avoid scams and other fraudulent activity that
rely upon the use of misleading or inaccurate caller
identification information.
(3) Updates.--The Commission shall ensure that the consumer
education materials required under paragraph (1) are updated on a
regular basis.
(4) Website.--The Commission shall include the consumer
education materials developed under paragraph (1) on its website.
(c) GAO Report on Combating the Fraudulent Provision of Misleading
or Inaccurate Caller Identification Information.--
(1) In general.--The Comptroller General of the United States
shall conduct a study of the actions the Commission and the Federal
Trade Commission have taken to combat the fraudulent provision of
misleading or inaccurate caller identification information, and the
additional measures that could be taken to combat such activity.
(2) Required considerations.--In conducting the study under
paragraph (1), the Comptroller General shall examine--
(A) trends in the types of scams that rely on misleading or
inaccurate caller identification information;
(B) previous and current enforcement actions by the
Commission and the Federal Trade Commission to combat the
practices prohibited by section 227(e)(1) of the Communications
Act of 1934 (47 U.S.C. 227(e)(1));
(C) current efforts by industry groups and other entities
to develop technical standards to deter or prevent the
fraudulent provision of misleading or inaccurate caller
identification information, and how such standards may help
combat the current and future provision of misleading or
inaccurate caller identification information; and
(D) whether there are additional actions the Commission,
the Federal Trade Commission, and Congress should take to
combat the fraudulent provision of misleading or inaccurate
caller identification information.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit to the
Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report on the findings of the study under paragraph (1),
including any recommendations regarding combating the fraudulent
provision of misleading or inaccurate caller identification
information.
(d) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to modify, limit,
or otherwise affect any rule or order adopted by the Commission in
connection with--
(1) the Telephone Consumer Protection Act of 1991 (Public Law
102-243; 105 Stat. 2394) or the amendments made by that Act; or
(2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).
SEC. 504. REPORT ON PROMOTING BROADBAND INTERNET ACCESS SERVICE FOR
VETERANS.
(a) Veteran Defined.--In this section, the term ``veteran'' has the
meaning given the term in section 101 of title 38, United States Code.
(b) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall submit to Congress a report
on promoting broadband Internet access service for veterans, in
particular low-income veterans and veterans residing in rural areas. In
such report, the Commission shall--
(1) examine such access and how to promote such access; and
(2) provide findings and recommendations for Congress with
respect to such access and how to promote such access.
(c) Public Notice and Opportunity To Comment.--In preparing the
report required by subsection (b), the Commission shall provide the
public with notice and an opportunity to comment on broadband Internet
access service for veterans, in particular low-income veterans and
veterans residing in rural areas, and how to promote such access.
SEC. 505. METHODOLOGY FOR COLLECTION OF MOBILE SERVICE COVERAGE DATA.
(a) Definitions.--In this section--
(1) the term ``commercial mobile data service'' has the meaning
given the term in section 6001 of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1401);
(2) the term ``commercial mobile service'' has the meaning
given the term in section 332(d) of the Communications Act of 1934
(47 U.S.C. 332(d));
(3) the term ``coverage data'' means, if commercial mobile
service or commercial mobile data service is available, general
information about the service, which may include available speed
tiers, radio frequency signal levels, and network and performance
characteristics; and
(4) the term ``Universal Service program'' means the universal
service support mechanisms established under section 254 of the
Communications Act of 1934 (47 U.S.C. 254) and the regulations
issued under that section.
(b) Methodology Established.--Not later than 180 days after the
conclusion of the Mobility Fund Phase II Auction, the Commission shall
promulgate regulations to establish a methodology that shall apply to
the collection of coverage data by the Commission for the purposes of--
(1) the Universal Service program; or
(2) any other similar program.
(c) Requirements.--The methodology established under subsection (b)
shall--
(1) contain standard definitions for different available
technologies such as 2G, 3G, 4G, and 4G LTE;
(2) enhance the consistency and robustness of how the data are
collected by different parties;
(3) improve the validity and reliability of coverage data; and
(4) increase the efficiency of coverage data collection.
SEC. 506. ACCURACY OF DISPATCHABLE LOCATION FOR 9-1-1 CALLS.
(a) Proceeding Required.--Not later than 18 months after the date
of the enactment of this Act, the Commission shall conclude a
proceeding to consider adopting rules to ensure that the dispatchable
location is conveyed with a 9-1-1 call, regardless of the technological
platform used and including with calls from multi-line telephone
systems (as defined in section 6502 of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1471)).
(b) Relationship to Other Proceedings.--In conducting the
proceeding required by subsection (a), the Commission may consider
information and conclusions from other Commission proceedings regarding
the accuracy of the dispatchable location for a 9-1-1 call, but nothing
in this section shall be construed to require the Commission to
reconsider any information or conclusion from a proceeding regarding
the accuracy of the dispatchable location for a 9-1-1 call in which the
Commission has adopted rules or issued an order before the date of the
enactment of this Act.
(c) Definitions.--In this section:
(1) 9-1-1 call.--The term ``9-1-1 call'' means a voice call
that is placed, or a message that is sent by other means of
communication, to a public safety answering point (as defined in
section 222 of the Communications Act of 1934 (47 U.S.C. 222)) for
the purpose of requesting emergency services.
(2) Dispatchable location.--The term ``dispatchable location''
means the street address of the calling party, and additional
information such as room number, floor number, or similar
information necessary to adequately identify the location of the
calling party.
SEC. 507. NTIA STUDY ON INTERAGENCY PROCESS FOLLOWING CYBERSECURITY
INCIDENTS.
(a) In General.--The Assistant Secretary of Commerce for
Communications and Information shall complete a study on how the
National Telecommunications and Information Administration can best
coordinate the interagency process following cybersecurity incidents.
(b) Report to Congress.--Not later than 18 months after the date of
the enactment of this Act, the Assistant Secretary shall submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report detailing the findings and recommendations of the study
conducted under subsection (a).
SEC. 508. TRIBAL DIGITAL ACCESS.
(a) Tribal Broadband Data Report.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall submit to the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report evaluating broadband coverage in Indian country (as defined
in section 1151 of title 18, United States Code) and on land held
by a Native Corporation pursuant to the Alaska Native Claims
Settlement Act.
(2) Required assessments.--The report required by paragraph (1)
shall include the following:
(A) An assessment of areas of Indian country (as so
defined) and land held by a Native Corporation pursuant to the
Alaska Native Claims Settlement Act that have adequate
broadband coverage.
(B) An assessment of unserved areas of Indian country (as
so defined) and land held by a Native Corporation pursuant to
the Alaska Native Claims Settlement Act.
(b) Tribal Broadband Proceeding.--Not later than 30 months after
the date of the enactment of this Act, the Commission shall complete a
proceeding to address the unserved areas identified in the report under
subsection (a).
SEC. 509. TERMS OF OFFICE AND VACANCIES.
Section 4(c) of the Communications Act of 1934 (47 U.S.C. 154(c))
is amended to read as follows:
``(c)(1) A commissioner--
``(A) shall be appointed for a term of 5 years;
``(B) except as provided in subparagraph (C), may continue to
serve after the expiration of the fixed term of office of the
commissioner until a successor is appointed and has been confirmed
and taken the oath of office; and
``(C) may not continue to serve after the expiration of the
session of Congress that begins after the expiration of the fixed
term of office of the commissioner.
``(2) Any person chosen to fill a vacancy in the Commission--
``(A) shall be appointed for the unexpired term of the
commissioner that the person succeeds;
``(B) except as provided in subparagraph (C), may continue to
serve after the expiration of the fixed term of office of the
commissioner that the person succeeds until a successor is
appointed and has been confirmed and taken the oath of office; and
``(C) may not continue to serve after the expiration of the
session of Congress that begins after the expiration of the fixed
term of office of the commissioner that the person succeeds.
``(3) No vacancy in the Commission shall impair the right of the
remaining commissioners to exercise all the powers of the
Commission.''.
SEC. 510. JOINT BOARD RECOMMENDATION.
The Commission may not modify, amend, or change its rules or
regulations for universal service support payments to implement the
February 27, 2004, recommendations of the Federal-State Joint Board on
Universal Service regarding single connection or primary line
restrictions on universal service support payments.
SEC. 511. DISCLAIMER FOR PRESS RELEASES REGARDING NOTICES OF APPARENT
LIABILITY.
The Commission shall include in any press release regarding the
issuance of a notice of apparent liability under section 503(b)(4) of
the Communications Act of 1934 (47 U.S.C. 503(b)(4)) a disclaimer
informing consumers that--
(1) the issuance of a notice of apparent liability should be
treated only as allegations; and
(2) the amount of any forfeiture penalty proposed in a notice
of apparent liability represents the maximum penalty that the
Commission may impose for the violations alleged in the notice of
apparent liability.
SEC. 512. REPORTS RELATED TO SPECTRUM AUCTIONS.
(a) Estimate of Upcoming Auctions.--Section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at
the end the following:
``(18) Estimate of upcoming auctions.--
``(A) Not later than September 30, 2018, and annually
thereafter, the Commission shall make publicly available an
estimate of what systems of competitive bidding authorized
under this subsection may be initiated during the upcoming 12-
month period.
``(B) The estimate under subparagraph (A) shall, to the
extent possible, identify the bands of frequencies the
Commission expects to be included in each such system of
competitive bidding.''.
(b) Auction Expenditure Justification Report.--Not later than April
1, 2019, and annually thereafter, the Commission shall provide to the
appropriate committees of Congress a report containing a detailed
justification for the use of proceeds retained by the Commission under
section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)(B)) for the costs of developing and implementing the program
required by section 309(j) of that Act.
(c) Definition.--For purposes of this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation of
the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Energy and Commerce of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
TITLE VI--MOBILE NOW
SEC. 601. SHORT TITLE.
This title may be cited as the ``Making Opportunities for Broadband
Investment and Limiting Excessive and Needless Obstacles to Wireless
Act'' or the ``MOBILE NOW Act''.
SEC. 602. DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives; and
(C) each committee of the Senate or of the House of
Representatives with jurisdiction over a Federal entity
affected by the applicable section in which the term appears.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Federal entity.--The term ``Federal entity'' has the
meaning given the term in section 113(l) of the National
Telecommunications and Information Administration Organization Act
(47 U.S.C. 923(l)).
(4) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration of the Department
of Commerce.
(5) OMB.--The term ``OMB'' means the Office of Management and
Budget.
(6) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
SEC. 603. IDENTIFYING 255 MEGAHERTZ.
(a) Requirements.--
(1) In general.--Not later than December 31, 2022, the
Secretary, working through the NTIA, and the Commission shall
identify a total of at least 255 megahertz of Federal and non-
Federal spectrum for mobile and fixed wireless broadband use.
(2) Unlicensed and licensed use.--Of the spectrum identified
under paragraph (1), not less than--
(A) 100 megahertz below the frequency of 8000 megahertz
shall be identified for use on an unlicensed basis;
(B) 100 megahertz below the frequency of 6000 megahertz
shall be identified for use on an exclusive, licensed basis for
commercial mobile use, pursuant to the Commission's authority
to implement such licensing in a flexible manner, and subject
to potential continued use of such spectrum by incumbent
Federal entities in designated geographic areas indefinitely or
for such length of time stipulated in transition plans approved
by the Technical Panel under section 113(h) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(h)) for those incumbent entities to be
relocated to alternate spectrum; and
(C) 55 megahertz below the frequency of 8000 megahertz
shall be identified for use on either a licensed or unlicensed
basis, or a combination of licensed and unlicensed.
(3) Non-eligible spectrum.--For purposes of satisfying the
requirement under paragraph (1), the following spectrum shall not
be counted:
(A) The frequencies between 1695 and 1710 megahertz.
(B) The frequencies between 1755 and 1780 megahertz.
(C) The frequencies between 2155 and 2180 megahertz.
(D) The frequencies between 3550 and 3700 megahertz.
(E) Spectrum that the Commission determines had more than
de minimis mobile or fixed wireless broadband operations within
the band on the day before the date of enactment of this Act.
(4) Treatment of certain other spectrum.--Spectrum identified
pursuant to this section may include eligible spectrum, if any,
identified after the date of enactment of this Act pursuant to
title X of the Bipartisan Budget Act of 2015 (Public Law 114-74).
(5) Spectrum made available on and after february 11, 2016.--
Any spectrum that has been made available for licensed or
unlicensed use on and after February 11, 2016, and that otherwise
satisfies the requirements of this section may be counted towards
the requirements of this subsection.
(6) Relocation prioritized over sharing.--This section shall be
carried out in accordance with section 113(j) of the National
Telecommunications and Information Administration Organization Act
(47 U.S.C. 923(j)).
(7) Considerations.--In identifying spectrum for use under this
section, the Secretary, working through the NTIA, and Commission
shall consider--
(A) the need to preserve critical existing and planned
Federal Government capabilities;
(B) the impact on existing State, local, and tribal
government capabilities;
(C) the international implications;
(D) the need for appropriate enforcement mechanisms and
authorities; and
(E) the importance of the deployment of wireless broadband
services in rural areas of the United States.
(b) Rules of Construction.--Nothing in this section shall be
construed--
(1) to impair or otherwise affect the functions of the Director
of OMB relating to budgetary, administrative, or legislative
proposals;
(2) to require the disclosure of classified information, law
enforcement sensitive information, or other information that must
be protected in the interest of national security; or
(3) to affect any requirement under section 156 of the National
Telecommunications and Information Administration Organization Act
(47 U.S.C. 921 note), as added by section 1062(a) of the National
Defense Authorization Act for Fiscal Year 2000, or any other
relevant statutory requirement applicable to the reallocation of
Federal spectrum.
SEC. 604. MILLIMETER WAVE SPECTRUM.
(a) FCC Proceeding.--Not later than 2 years after the date of
enactment of this Act, the Commission shall publish a notice of
proposed rulemaking to consider service rules to authorize mobile or
fixed terrestrial wireless operations, including for advanced mobile
service operations, in the radio frequency band between 42000 and 42500
megahertz.
(b) Considerations.--In conducting a rulemaking under subsection
(a), the Commission shall--
(1) consider how the band described in subsection (a) may be
used to provide commercial wireless broadband service, including
whether--
(A) such spectrum may be best used for licensed or
unlicensed services, or some combination thereof; and
(B) to permit additional licensed operations in such band
on a shared basis; and
(2) include technical characteristics under which the band
described in subsection (a) may be employed for mobile or fixed
terrestrial wireless operations, including any appropriate
coexistence requirements.
(c) Spectrum Made Available on and After February 11, 2016.--Any
spectrum that has been made available for licensed or unlicensed use on
or after February 11, 2016, and that otherwise satisfies the
requirements of section 603 of this title may be counted towards the
requirements of section 603(a) of this title.
SEC. 605. 3 GIGAHERTZ SPECTRUM.
(a) Between 3100 Megahertz and 3550 Megahertz.--Not later than 24
months after the date of enactment of this Act, and in consultation
with the Commission and the head of each affected Federal agency (or a
designee thereof), the Secretary, working through the NTIA, shall
submit to the Commission and the appropriate committees of Congress a
report evaluating the feasibility of allowing commercial wireless
services, licensed or unlicensed, to share use of the frequencies
between 3100 megahertz and 3550 megahertz.
(b) Between 3700 Megahertz and 4200 Megahertz.--Not later than 18
months after the date of enactment of this Act, after notice and an
opportunity for public comment, and in consultation with the Secretary,
working through the NTIA, and the head of each affected Federal agency
(or a designee thereof), the Commission shall submit to the Secretary
and the appropriate committees of Congress a report evaluating the
feasibility of allowing commercial wireless services, licensed or
unlicensed, to use or share use of the frequencies between 3700
megahertz and 4200 megahertz.
(c) Requirements.--A report under subsection (a) or (b) shall
include the following:
(1) An assessment of the operations of Federal entities that
operate Federal Government stations authorized to use the
frequencies described in that subsection.
(2) An assessment of the possible impacts of such sharing on
Federal and non-Federal users already operating on the frequencies
described in that subsection.
(3) The criteria that may be necessary to ensure shared
licensed or unlicensed services would not cause harmful
interference to Federal or non-Federal users already operating in
the frequencies described in that subsection.
(4) If such sharing is feasible, an identification of which of
the frequencies described in that subsection are most suitable for
sharing with commercial wireless services through the assignment of
new licenses by competitive bidding, for sharing with unlicensed
operations, or through a combination of licensing and unlicensed
operations.
(d) Commission Action.--The Commission, in consultation with the
NTIA, shall seek public comment on the reports required under
subsections (a) and (b), including regarding the bands identified in
such report as feasible pursuant to subsection (c)(4).
SEC. 606. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL PROPERTY.
(a) In General.--Section 6409 of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1455) is amended by striking
subsections (b), (c), and (d) and inserting the following:
``(b) Federal Easements, Rights-of-way, and Leases.--
``(1) Grant.--If an executive agency, a State, a political
subdivision or agency of a State, or a person, firm, or
organization applies for the grant of an easement, right-of-way, or
lease to, in, over, or on a building or other property owned by the
Federal Government for the right to install, construct, modify, or
maintain a communications facility installation, the executive
agency having control of the building or other property may grant
to the applicant, on behalf of the Federal Government, subject to
paragraph (3), an easement, right-of-way, or lease to perform such
installation, construction, modification, or maintenance.
``(2) Application.--
``(A) In general.--The Administrator of General Services
shall develop a common form for applications for easements,
rights-of-way, and leases under paragraph (1) for all executive
agencies that, except as provided in subparagraph (B), shall be
used by all executive agencies and applicants with respect to
the buildings or other property of each such agency.
``(B) Exception.--The requirement under subparagraph (A)
for an executive agency to use the common form developed by the
Administrator of General Services shall not apply to an
executive agency if the head of an executive agency notifies
the Administrator that the executive agency uses a
substantially similar application.
``(3) Timely consideration of applications.--
``(A) In general.--Not later than 270 days after the date
on which an executive agency receives a duly filed application
for an easement, right-of-way, or lease under this subsection,
the executive agency shall--
``(i) grant or deny, on behalf of the Federal
Government, the application; and
``(ii) notify the applicant of the grant or denial.
``(B) Explanation of denial.--If an executive agency denies
an application under subparagraph (A), the executive agency
shall notify the applicant in writing, including a clear
statement of the reasons for the denial.
``(C) Applicability of environmental laws.--Nothing in this
paragraph shall be construed to relieve an executive agency of
the requirements of division A of subtitle III of title 54,
United States Code, or the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(D) Point of contact.--Upon receiving an application
under subparagraph (A), an executive agency shall designate one
or more appropriate individuals within the executive agency to
act as a point of contact with the applicant.
``(c) Master Contracts for Communications Facility Installation
Sitings.--
``(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 151)
or any other provision of law, the Administrator of General
Services shall--
``(A) develop one or more master contracts that shall
govern the placement of communications facility installations
on buildings and other property owned by the Federal
Government; and
``(B) in developing the master contract or contracts,
standardize the treatment of the placement of communications
facility installations on building rooftops or facades, the
placement of communications facility installations on rooftops
or inside buildings, the technology used in connection with
communications facility installations placed on Federal
buildings and other property, and any other key issues the
Administrator of General Services considers appropriate.
``(2) Applicability.--The master contract or contracts
developed by the Administrator of General Services under paragraph
(1) shall apply to all publicly accessible buildings and other
property owned by the Federal Government, unless the Administrator
of General Services decides that issues with respect to the siting
of a communications facility installation on a specific building or
other property warrant nonstandard treatment of such building or
other property.
``(3) Application.--
``(A) In general.--The Administrator of General Services
shall develop a common form or set of forms for communications
facility installation siting applications that, except as
provided in subparagraph (B), shall be used by all executive
agencies and applicants with respect to the buildings and other
property of each such agency.
``(B) Exception.--The requirement under subparagraph (A)
for an executive agency to use the common form or set of forms
developed by the Administrator of General Services shall not
apply to an executive agency if the head of the executive
agency notifies the Administrator that the executive agency
uses a substantially similar application.
``(d) Definitions.--In this section:
``(1) Communications facility installation.--The term
`communications facility installation' includes--
``(A) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets, associated with the licensed or permitted unlicensed
wireless or wireline transmission of writings, signs, signals,
data, images, pictures, and sounds of all kinds; and
``(B) any antenna or apparatus that--
``(i) is designed for the purpose of emitting radio
frequency;
``(ii) is designed to be operated, or is operating,
from a fixed location pursuant to authorization by the
Federal Communications Commission or is using duly
authorized devices that do not require individual licenses;
and
``(iii) is added to a tower, building, or other
structure.
``(2) Executive agency.--The term `executive agency' has the
meaning given such term in section 102 of title 40, United States
Code.''.
(b) Savings Provision.--An application for an easement, right-of-
way, or lease that was made or granted under section 6409 of the Middle
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) before
the date of enactment of this Act shall continue, subject to that
section as in effect on the day before such date of enactment.
(c) Streamlining Broadband Facility Applications.--
(1) Definition of communications facility installation.--In
this subsection, the term ``communications facility installation''
has the meaning given the term in section 6409(d) of the Middle
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(d)),
as amended by subsection (a).
(2) Recommendations.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the NTIA, in coordination with the
Department of the Interior, the Department of Agriculture, the
Department of Defense, the Department of Transportation, OMB,
and the General Services Administration, shall develop
recommendations to streamline the process for considering
applications by those agencies under section 6409(b) of the
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1455(b)), as amended by subsection (a).
(B) Requirements for recommendations.--The recommendations
developed under subparagraph (A) shall include--
(i) procedures for the tracking of applications
described in subparagraph (A);
(ii) methods by which to reduce the amount of time
between the receipt of an application and the issuance of a
final decision on an application;
(iii) policies to expedite renewals of an easement,
license, or other authorization to locate communications
facility installations on land managed by the agencies
described in subparagraph (A); and
(iv) policies that would prioritize or streamline a
permit for construction in a previously-disturbed right-of-
way.
(C) Report to congress.--Not later than 2 years after the
date on which the recommendations required under subparagraph
(A) are developed, the NTIA shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Energy and Commerce of the House of
Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Oversight and Government Reform of the House of
Representatives a report that describes--
(i) the status of the implementation of the
recommendations developed under subparagraph (A); and
(ii) any improvements to the process for considering
applications described in subparagraph (A) that have
resulted from those recommendations, including in
particular the speed at which such applications are
reviewed and a final determination is issued.
(d) Additional Savings Provisions.--
(1) Real property authorities.--Nothing in this section, or the
amendments made by this section, shall be construed as providing
any executive agency with any new leasing or other real property
authorities not existing prior to the date of enactment of this
Act.
(2) Effect on other laws.--Nothing in this section, or the
amendments made by this section, and no actions taken pursuant to
this section, or the amendments made by this section, shall impact
a decision or determination by any executive agency to sell,
dispose of, declare excess or surplus, lease, reuse, or redevelop
any Federal real property pursuant to title 40, United States Code,
the Federal Assets Sale and Transfer Act of 2016 (Public Law 114-
287), or any other law governing real property activities of the
Federal Government. No agreement entered into pursuant to this
section, or the amendments made by this section, may obligate the
Federal Government to hold, control, or otherwise retain or use
real property that may otherwise be deemed as excess, surplus, or
that could be otherwise sold, leased, or redeveloped.
SEC. 607. BROADBAND INFRASTRUCTURE DEPLOYMENT.
(a) Definitions.--In this section:
(1) Appropriate state agency.--The term ``appropriate State
agency'' means a State governmental agency that is recognized by
the executive branch of the State as having the experience
necessary to evaluate and carry out projects relating to the proper
and effective installation and operation of broadband
infrastructure.
(2) Broadband infrastructure.--The term ``broadband
infrastructure'' means any buried, underground, or aerial facility,
and any wireless or wireline connection, that enables users to send
and receive voice, video, data, graphics, or any combination
thereof.
(3) Broadband infrastructure entity.--The term ``broadband
infrastructure entity'' means any entity that--
(A) installs, owns, or operates broadband infrastructure;
and
(B) provides broadband services in a manner consistent with
the public interest, convenience, and necessity, as determined
by the State.
(4) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(b) Broadband Infrastructure Deployment.--To facilitate the
installation of broadband infrastructure, the Secretary of
Transportation shall promulgate regulations to ensure that each State
that receives funds under chapter 1 of title 23, United States Code,
meets the following requirements:
(1) Broadband consultation.--The State department of
transportation, in consultation with appropriate State agencies,
shall--
(A) identify a broadband utility coordinator, that may have
additional responsibilities, whether in the State department of
transportation or in another State agency, that is responsible
for facilitating the broadband infrastructure right-of-way
efforts within the State;
(B) establish a process for the registration of broadband
infrastructure entities that seek to be included in those
broadband infrastructure right-of-way facilitation efforts
within the State;
(C) establish a process to electronically notify broadband
infrastructure entities identified under subparagraph (B) of
the State transportation improvement program on an annual basis
and provide additional notifications as necessary to achieve
the goals of this section; and
(D) coordinate initiatives carried out under this section
with other statewide telecommunication and broadband plans and
State and local transportation and land use plans, including
strategies to minimize repeated excavations that involve the
installation of broadband infrastructure in a right-of-way.
(2) Priority.--If a State chooses to provide for the
installation of broadband infrastructure in the right-of-way of an
applicable Federal-aid highway project under this subsection, the
State department of transportation shall carry out any appropriate
measures to ensure that any existing broadband infrastructure
entities are not disadvantaged, as compared to other broadband
infrastructure entities, with respect to the program under this
subsection.
(c) Effect of Section.--This section applies only to activities for
which Federal obligations or expenditures are initially approved on or
after the date regulations under subsection (b) become effective.
Nothing in this section establishes a mandate or requirement that a
State install or allow the installation of broadband infrastructure in
a highway right-of-way. Nothing in this section authorizes the
Secretary of Transportation to withhold or reserve funds or approval of
a project under title 23, United States Code.
SEC. 608. COMMUNICATIONS FACILITIES INSTALLATION.
(a) In General.--Section 21 of the Federal Assets Sale and Transfer
Act of 2016 (40 U.S.C. 1303 note) is amended--
(1) in subsection (b), by adding at the end the following:
``(8) The ability of the Federal real property to support a
communications facility installation.''; and
(2) by adding at the end the following:
``(f) Definition of Communications Facility Installation.--In this
section, the term `communications facility installation' means--
``(1) any infrastructure, including any transmitting device,
tower, or support structure, and any equipment, switches, wiring,
cabling, power sources, shelters, or cabinets associated with the
licensed or permitted unlicensed wireless or wireline transmission
of writings, signs, signals, data, images, pictures, and sounds of
any kind; and
``(2) any antenna or apparatus that--
``(A) is designed for the purpose of emitting radio
frequency;
``(B) is designed to be operated, or is operating, from a
fixed location pursuant to authorization by the Federal
Communications Commission or is using duly authorized devices
that do not require individual licenses; and
``(C) is added to a tower, building, or other structure.''.
(b) Public Comment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator of General Services shall
issue a notice for public comment regarding the inclusion of a
communications facility installation under section 21 of the
Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note),
as amended by subsection (a) of this section.
(2) Contents.--In seeking public comment under paragraph (1),
the Administrator shall include a request for recommendations on--
(A) the criteria that make Federal real property capable of
supporting communications facility installations;
(B) the types of information related to the Federal real
property that should be included in the database; and
(C) other matters that the Administrator determines
necessary.
(c) Provision of Information.--
(1) In general.--Not later than 90 days after the period for
public comment under subsection (b)(1) ends, the Administrator of
General Services shall notify the head of each Executive agency of
the manner and format for submitting such information as the
Administrator determines appropriate to the database established
under section 21 of the Federal Assets Sale and Transfer Act of
2016 (40 U.S.C. 1303 note), as amended by subsection (a) of this
section.
(2) Submission.--Not later than 90 days after the date of the
notification under paragraph (1), the head of an Executive agency
shall submit the information required under paragraph (1).
(d) State and Local Governments.--
(1) In general.--The Administrator of General Services, in
consultation with the Chairman of the Commission, the Assistant
Secretary of Commerce for Communications and Information, the Under
Secretary of Commerce for Standards and Technology, and the
Director of OMB, shall study--
(A) how to incentivize State and local governments to
provide the Administrator with information, similar to the
information required under subsection (c)(1), for inclusion in
the database described in that subsection; and
(B) the feasibility of establishing or operating a database
to which State and local governments can voluntarily submit
such information.
(2) Report on incentivizing participation by state and local
governments.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of General Services,
in consultation with the Chairman of the Commission, the
Assistant Secretary of Commerce for Communications and
Information, the Under Secretary of Commerce for Standards and
Technology, and the Director of OMB, shall submit to the
Committee on Commerce, Science, and Transportation and the
Committee on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Energy and Commerce, the Committee
on Transportation and Infrastructure, and the Committee on
Oversight and Government Reform of the House of Representatives
a report on the findings of the study under paragraph (1),
including recommendations, if any, consistent with this
section.
(B) Considerations.--The Administrator of General Services,
in preparing the report under subparagraph (A), shall--
(i) consult with State and local governments, or their
representatives, to identify for inclusion in the report
the most cost-effective options for State and local
governments to collect and provide the information
described in paragraph (1), including utilizing and
leveraging State broadband initiatives and programs; and
(ii) make recommendations on ways the Federal
Government can assist State and local governments in
collecting and providing the information described in
paragraph (1).
(e) Savings Provisions.--
(1) Real property authorities.--Nothing in this section, or an
amendment made by this section, shall be construed as providing any
Executive agency with any new leasing or other real property
authority that did not exist prior to the date of enactment of this
Act.
(2) Effect on other laws.--Nothing in this section, or an
amendment made by this section, and no information submitted
pursuant to this section, or pursuant to an amendment made by this
section, shall be used to prevent or otherwise restrict a decision
or determination by any Executive agency to sell, dispose of,
declare excess or surplus, lease, reuse or redevelop any Federal
real property pursuant to--
(A) title 40 of the United States Code;
(B) the Federal Assets Sale and Transfer Act of 2016 (40
U.S.C. 1303 note); or
(C) any other law governing real property activities of the
Federal Government.
SEC. 609. REALLOCATION INCENTIVES.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the Assistant Secretary of Commerce for
Communications and Information, in consultation with the Commission,
the Director of OMB, and the head of each affected Federal agency (or a
designee thereof), after notice and an opportunity for public comment,
shall submit to the appropriate committees of Congress a report that
includes legislative or regulatory recommendations to incentivize a
Federal entity to relinquish, or share with Federal or non-Federal
users, Federal spectrum for the purpose of allowing commercial wireless
broadband services to operate on that Federal spectrum.
(b) Post-Auction Payments.--
(1) Report.--In preparing the report under subsection (a), the
Assistant Secretary of Commerce for Communications and Information
shall--
(A) consider whether permitting eligible Federal entities
that are implementing a transition plan submitted under section
113(h) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(h)) to accept
payments could result in access to the eligible frequencies
that are being reallocated for exclusive non-Federal use or
shared use sooner than would otherwise occur without such
payments; and
(B) include the findings under subparagraph (A), including
the analysis under paragraph (2) and any recommendations for
legislation, in the report.
(2) Analysis.--In considering payments under paragraph (1)(A),
the Assistant Secretary of Commerce for Communications and
Information shall conduct an analysis of whether and how such
payments would affect--
(A) bidding in auctions conducted under section 309(j) of
the Communications Act of 1934 (47 U.S.C. 309(j)) of such
eligible frequencies; and
(B) receipts collected from the auctions described in
subparagraph (A).
(3) Definitions.--In this subsection:
(A) Payment.--The term ``payment'' means a payment in cash
or in-kind by any auction winner, or any person affiliated with
an auction winner, of eligible frequencies during the period
after eligible frequencies have been reallocated by competitive
bidding under section 309(j) of the Communications Act of 1934
(47 U.S.C. 309(j)) but prior to the completion of relocation or
sharing transition of such eligible frequencies per transition
plans approved by the Technical Panel.
(B) Eligible frequencies.--The term ``eligible
frequencies'' has the meaning given the term in section
113(g)(2) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(g)(2)).
SEC. 610. BIDIRECTIONAL SHARING STUDY.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, including an opportunity for public comment, the
Commission, in collaboration with the NTIA, shall--
(1) conduct a bidirectional sharing study to determine the best
means of providing Federal entities flexible access to non-Federal
spectrum on a shared basis across a range of short-, mid-, and
long-range timeframes, including for intermittent purposes like
emergency use; and
(2) submit to Congress a report on the study under paragraph
(1), including any recommendations for legislation or proposed
regulations.
(b) Considerations.--In conducting the study under subsection (a),
the Commission shall--
(1) consider the regulatory certainty that commercial spectrum
users and Federal entities need to make longer-term investment
decisions for shared access to be viable; and
(2) evaluate any barriers to voluntary commercial arrangements
in which non-Federal users could provide access to Federal
entities.
SEC. 611. UNLICENSED SERVICES IN GUARD BANDS.
(a) In General.--After public notice and comment, and in
consultation with the Assistant Secretary of Commerce for
Communications and Information and the head of each affected Federal
agency (or a designee thereof), with respect to frequencies allocated
for Federal use, the Commission shall adopt rules that permit
unlicensed services where feasible to use any frequencies that are
designated as guard bands to protect frequencies allocated after the
date of enactment of this Act by competitive bidding under section
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), including
spectrum that acts as a duplex gap between transmit and receive
frequencies.
(b) Limitation.--The Commission may not permit any use of a guard
band under this section that would cause harmful interference to a
licensed service or a Federal service.
(c) Rule of Construction.--Nothing in this section shall be
construed as limiting the Commission or the Assistant Secretary of
Commerce for Communications and Information from otherwise making
spectrum available for licensed or unlicensed use in any frequency band
in addition to guard bands, including under section 603 of this title,
consistent with their statutory jurisdictions.
SEC. 612. PRE-AUCTION FUNDING.
Section 118(d)(3)(B)(i)(II) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
928(d)(3)(B)(i)(II)) is amended by striking ``5 years'' and inserting
``8 years''.
SEC. 613. IMMEDIATE TRANSFER OF FUNDS.
Section 118(e)(1) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 928(e)(1)) is
amended by adding at the end the following:
``(D) At the request of an eligible Federal entity, the
Director of the Office of Management and Budget (in this
subsection referred to as `OMB') may transfer the amount under
subparagraph (A) immediately--
``(i) after the frequencies are reallocated by
competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)); or
``(ii) in the case of an incumbent Federal entity that
is incurring relocation or sharing costs to accommodate
sharing spectrum frequencies with another Federal entity,
after the frequencies from which the other eligible Federal
entity is relocating are reallocated by competitive bidding
under section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)), without regard to the availability of such
sums in the Fund.
``(E) Prior to the deposit of proceeds into the Fund from
an auction, the Director of OMB may borrow from the Treasury
the amount under subparagraph (A) for a transfer under
subparagraph (D). The Treasury shall immediately be reimbursed,
without interest, from funds deposited into the Fund.''.
SEC. 614. AMENDMENTS TO THE SPECTRUM PIPELINE ACT OF 2015.
Section 1008 of the Spectrum Pipeline Act of 2015 (Public Law 114-
74; 129 Stat. 584) is amended in the matter preceding paragraph (1) by
inserting ``, after notice and an opportunity for public comment,''
after ``the Commission''.
SEC. 615. GAO ASSESSMENT OF UNLICENSED SPECTRUM AND WI-FI USE IN LOW-
INCOME NEIGHBORHOODS.
(a) Study.--
(1) In general.--The Comptroller General of the United States
shall conduct a study to evaluate the availability of broadband
Internet access using unlicensed spectrum and wireless networks in
low-income neighborhoods.
(2) Requirements.--In conducting the study under paragraph (1),
the Comptroller General shall consider and evaluate--
(A) the availability of wireless Internet hot spots and
access to unlicensed spectrum in low-income neighborhoods,
particularly for elementary and secondary school-aged children
in such neighborhoods;
(B) any barriers preventing or limiting the deployment and
use of wireless networks in low-income neighborhoods;
(C) how to overcome any barriers described in subparagraph
(B), including through incentives, policies, or requirements
that would increase the availability of unlicensed spectrum and
related technologies in low-income neighborhoods; and
(D) how to encourage home broadband adoption by households
with elementary and secondary school-age children that are in
low-income neighborhoods.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that--
(1) summarizes the findings of the study conducted under
subsection (a); and
(2) makes recommendations with respect to potential incentives,
policies, and requirements that could help achieve the goals
described in subparagraphs (C) and (D) of subsection (a)(2).
SEC. 616. RULEMAKING RELATED TO PARTITIONING OR DISAGGREGATING
LICENSES.
(a) Definitions.--In this section:
(1) Covered small carrier.--The term ``covered small carrier''
means a carrier (as defined in section 3 of the Communications Act
of 1934 (47 U.S.C. 153)) that--
(A) has not more than 1,500 employees (as determined under
section 121.106 of title 13, Code of Federal Regulations, or
any successor thereto); and
(B) offers services using the facilities of the carrier.
(2) Rural area.--The term ``rural area'' means any area other
than--
(A) a city, town, or incorporated area that has a
population of more than 20,000 inhabitants; or
(B) an urbanized area contiguous and adjacent to a city or
town that has a population of more than 50,000 inhabitants.
(b) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall initiate a rulemaking
proceeding to assess whether to establish a program, or modify
existing programs, under which a licensee that receives a license
for the exclusive use of spectrum in a specific geographic area
under section 301 of the Communications Act of 1934 (47 U.S.C. 301)
may partition or disaggregate the license by sale or long-term
lease--
(A) in order to--
(i) provide services consistent with the license; and
(ii) make unused spectrum available to--
(I) an unaffiliated covered small carrier; or
(II) an unaffiliated carrier to serve a rural area;
and
(B) if the Commission finds that such a program would
promote--
(i) the availability of advanced telecommunications
services in rural areas; or
(ii) spectrum availability for covered small carriers.
(2) Considerations.--In conducting the rulemaking proceeding
under paragraph (1), the Commission shall consider, with respect to
the program proposed to be established under that paragraph--
(A) whether reduced performance requirements with respect
to spectrum obtained through the program would facilitate
deployment of advanced telecommunications services in the areas
covered by the program;
(B) what conditions may be needed on transfers of spectrum
under the program to allow covered small carriers that obtain
spectrum under the program to build out the spectrum in a
reasonable period of time;
(C) what incentives may be appropriate to encourage
licensees to lease or sell spectrum, including--
(i) extending the term of a license granted under
section 301 of the Communications Act of 1934 (47 U.S.C.
301); or
(ii) modifying performance requirements of the license
relating to the leased or sold spectrum; and
(D) the administrative feasibility of--
(i) the incentives described in subparagraph (C); and
(ii) other incentives considered by the Commission that
further the goals of this section.
(3) Forfeiture of spectrum.--If a party fails to meet any build
out requirements set by the Commission for any spectrum sold or
leased under this section, the right to the spectrum shall be
forfeited to the Commission unless the Commission finds that there
is good cause for the failure of the party.
(4) Requirement.--The Commission may offer a licensee
incentives or reduced performance requirements under this section
only if the Commission finds that doing so would likely result in
increased availability of advanced telecommunications services in a
rural area.
SEC. 617. UNLICENSED SPECTRUM POLICY.
(a) Statement of Policy.--It is the policy of the United States--
(1) to maximize the benefit to the people of the United States
of the spectrum resources of the United States;
(2) to advance innovation and investment in wireless broadband
services; and
(3) to promote spectrum policy that makes available on an
unlicensed basis radio frequency bands to address consumer demand
for unlicensed wireless broadband operations.
(b) Commission Responsibilities.--The Commission shall ensure that
the efforts of the Commission related to spectrum allocation and
assignment made available on an unlicensed basis radio frequency bands
to address demand for unlicensed wireless broadband operations if doing
so is, after taking into account the future needs of homeland security,
national security, and other spectrum users--
(1) reasonable; and
(2) in the public interest.
(c) Rule of Construction.--Nothing in this section confers any
additional rights on unlicensed users or users licensed by rule under
part 96 of title 47, Code of Federal Regulations, to protection from
harmful interference.
SEC. 618. NATIONAL PLAN FOR UNLICENSED SPECTRUM.
(a) Definitions.--In this section:
(1) Spectrum relocation fund.--The term ``Spectrum Relocation
Fund'' means the Fund established under section 118 of the National
Telecommunications and Information Administration Organization Act
(47 U.S.C. 928).
(2) Unlicensed or licensed by rule operations.--The term
``unlicensed or licensed by rule operations'' means the use of
spectrum on a non-exclusive basis under--
(A) part 15 of title 47, Code of Federal Regulations; or
(B) licensing by rule under part 96 of title 47, Code of
Federal Regulations.
(b) National Plan.--Not later than 18 months after the date of
enactment of this Act, the Commission, in consultation with the NTIA,
shall develop a national plan for making additional radio frequency
bands available for unlicensed or licensed by rule operations.
(c) Requirements.--The plan developed under this section shall--
(1) identify an approach that ensures that consumers have
access to additional spectrum to conduct unlicensed or licensed by
rule operations in a range of radio frequencies to meet consumer
demand;
(2) recommend specific actions by the Commission and the NTIA
to permit unlicensed or licensed by rule operations in additional
radio frequency ranges that the Commission finds--
(A) are consistent with the statement of policy under
section 617(a) of this title;
(B) will--
(i) expand opportunities for unlicensed or licensed by
rule operations in a spectrum band; or
(ii) otherwise improve spectrum utilization and
intensity of use of bands where unlicensed or licensed by
rule operations are already permitted;
(C) will not cause harmful interference to Federal or non-
Federal users of such bands; and
(D) will not significantly impact homeland security or
national security communications systems; and
(3) examine additional ways, with respect to existing and
planned databases or spectrum access systems designed to promote
spectrum sharing and access to spectrum for unlicensed or licensed
by rule operations--
(A) to improve accuracy and efficacy;
(B) to reduce burdens on consumers, manufacturers, and
service providers; and
(C) to protect sensitive Government information.
(d) Spectrum Relocation Fund.--To be included as an appendix as
part of the plan developed under this section, the NTIA, in
consultation with the Director of the Office of Management and Budget,
shall share with the Commission recommendations about how to reform the
Spectrum Relocation Fund--
(1) to address costs incurred by Federal entities related to
sharing radio frequency bands with radio technologies conducting
unlicensed or licensed by rule operations; and
(2) to ensure the Spectrum Relocation Fund has sufficient funds
to cover--
(A) the costs described in paragraph (1); and
(B) other expenditures allowed of the Spectrum Relocation
Fund under section 118 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 928).
(e) Report Required.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report that describes the plan
developed under this section, including any recommendations for
legislative change.
(2) Publication on commission website.--Not later than the date
on which the Commission submits the report under paragraph (1), the
Commission shall make the report publicly available on the website
of the Commission.
(f) Rule of Construction.--Nothing in this section confers any
additional rights on unlicensed users or users licensed by rule under
part 96 of title 47, Code of Federal Regulations, to protection from
harmful interference.
SEC. 619. SPECTRUM CHALLENGE PRIZE.
(a) Short Title.--This section may be cited as the ``Spectrum
Challenge Prize Act''.
(b) Definition of Prize Competition.--In this section, the term
``prize competition'' means a prize competition conducted by the
Secretary under subsection (c)(1).
(c) Spectrum Challenge Prize.--
(1) In general.--The Secretary, in consultation with the
Assistant Secretary of Commerce for Communications and Information
and the Under Secretary of Commerce for Standards and Technology,
shall, subject to the availability of funds for prize competitions
under this section--
(A) conduct prize competitions to dramatically accelerate
the development and commercialization of technology that
improves spectrum efficiency and is capable of cost-effective
deployment; and
(B) define a measurable set of performance goals for
participants in the prize competitions to demonstrate their
solutions on a level playing field while making a significant
advancement over the current state of the art.
(2) Authority of secretary.--In carrying out paragraph (1), the
Secretary may--
(A) enter into a grant, contract, cooperative agreement, or
other agreement with a private sector for-profit or nonprofit
entity to administer the prize competitions;
(B) invite the Defense Advanced Research Projects Agency,
the Commission, the National Aeronautics and Space
Administration, the National Science Foundation, or any other
Federal agency to provide advice and assistance in the design
or administration of the prize competitions; and
(C) award not more than $5,000,000, in the aggregate, to
the winner or winners of the prize competitions.
(d) Criteria.--Not later than 180 days after the date on which
funds for prize competitions are made available pursuant to this
section, the Commission shall publish a technical paper on spectrum
efficiency providing criteria that may be used for the design of the
prize competitions.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 620. WIRELESS TELECOMMUNICATIONS TAX AND FEE COLLECTION FAIRNESS.
(a) Short Title.--This section may be cited as the ``Wireless
Telecommunications Tax and Fee Collection Fairness Act''.
(b) Definitions.--In this section:
(1) Financial transaction.--The term ``financial transaction''
means a transaction in which the purchaser or user of a wireless
telecommunications service upon whom a tax, fee, or surcharge is
imposed gives cash, credit, or any other exchange of monetary value
or consideration to the person who is required to collect or remit
the tax, fee, or surcharge.
(2) Local jurisdiction.--The term ``local jurisdiction'' means
a political subdivision of a State.
(3) State.--The term ``State'' means any of the several States,
the District of Columbia, and any territory or possession of the
United States.
(4) State or local jurisdiction.--The term ``State or local
jurisdiction'' includes any governmental entity or person acting on
behalf of a State or local jurisdiction that has the authority to
assess, impose, levy, or collect taxes or fees.
(5) Wireless telecommunications service.--The term ``wireless
telecommunications service'' means a commercial mobile radio
service, as defined in section 20.3 of title 47, Code of Federal
Regulations, or any successor thereto.
(c) Financial Transaction Requirement.--
(1) In general.--A State, or a local jurisdiction of a State,
may not require a person who is neither a resident of such State or
local jurisdiction nor an entity having its principal place of
business in such State or local jurisdiction to collect from, or
remit on behalf of, any other person a State or local tax, fee, or
surcharge imposed on a purchaser or user with respect to the
purchase or use of any wireless telecommunications service within
the State unless the collection or remittance is in connection with
a financial transaction.
(2) Rule of construction.--Nothing in this subsection shall be
construed to affect the right of a State or local jurisdiction to
require the collection of any tax, fee, or surcharge in connection
with a financial transaction.
(d) Enforcement.--
(1) Private right of action.--Any person aggrieved by a
violation of subsection (c) may bring a civil action in an
appropriate district court of the United States for equitable
relief in accordance with paragraph (2) of this subsection.
(2) Jurisdiction of district courts.--Notwithstanding section
1341 of title 28, United States Code, or the constitution or laws
of any State, the district courts of the United States shall have
jurisdiction, without regard to the amount in controversy or
citizenship of the parties, to grant such mandatory or prohibitive
injunctive relief, interim equitable relief, and declaratory
judgments as may be necessary to prevent, restrain, or terminate
any acts in violation of subsection (c).
SEC. 621. RULES OF CONSTRUCTION.
(a) Ranges of Frequencies.--Each range of frequencies described in
this title shall be construed to be inclusive of the upper and lower
frequencies in the range.
(b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing
in this title shall be construed to affect any requirement under
section 156 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 921 note), as added by
section 1062(a) of the National Defense Authorization Act for Fiscal
Year 2000.
SEC. 622. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT
OF 2012.
Nothing in this title shall be construed to limit, restrict, or
circumvent in any way the implementation of the nationwide public
safety broadband network defined in section 6001 of title VI of the
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)
or any rules implementing that network under title VI of that Act (47
U.S.C. 1401 et seq.).
SEC. 623. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
this title, or the amendments made by this title. This title, and the
amendments made by this title, shall be carried out using amounts
otherwise authorized.
DIVISION Q--KEVIN AND AVONTE'S LAW
SECTION 1. SHORT TITLE.
This division may be cited as the ``Kevin and Avonte's Law of
2018''.
TITLE I--MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM
REAUTHORIZATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Missing Americans Alert Program
Act of 2018''.
SEC. 102. REAUTHORIZATION OF THE MISSING ALZHEIMER'S DISEASE PATIENT
ALERT PROGRAM.
(a) Amendments.--Section 240001 of the Violent Crime Control and
Law Enforcement Act of 1994 (34 U.S.C. 12621) is amended--
(1) in the section header, by striking ``alzheimer's disease
patient'' and inserting ``americans'';
(2) by striking subsection (a) and inserting the following:
``(a) Grant Program To Reduce Injury and Death of Missing Americans
With Dementia and Developmental Disabilities.--Subject to the
availability of appropriations to carry out this section, the Attorney
General, through the Bureau of Justice Assistance and in consultation
with the Secretary of Health and Human Services--
``(1) shall award competitive grants to health care agencies,
State and local law enforcement agencies, or public safety agencies
and nonprofit organizations to assist such entities in planning,
designing, establishing, or operating locally based, proactive
programs to prevent wandering and locate missing individuals with
forms of dementia, such as Alzheimer's Disease, or developmental
disabilities, such as autism, who, due to their condition, wander
from safe environments, including programs that--
``(A) provide prevention and response information,
including online training resources, and referrals to families
or guardians of such individuals who, due to their condition,
wander from a safe environment;
``(B) provide education and training, including online
training resources, to first responders, school personnel,
clinicians, and the public in order to--
``(i) increase the safety and reduce the incidence of
wandering of persons, who, due to their dementia or
developmental disabilities, may wander from safe
environments;
``(ii) facilitate the rescue and recovery of
individuals who, due to their dementia or developmental
disabilities, wander from safe environments; and
``(iii) recognize and respond to and appropriately
interact with endangered missing individuals with dementia
or developmental disabilities who, due to their condition,
wander from safe environments;
``(C) provide prevention and response training and
emergency protocols for school administrators, staff, and
families or guardians of individuals with dementia, such as
Alzheimer's Disease, or developmental disabilities, such as
autism, to help reduce the risk of wandering by such
individuals; and
``(D) develop, operate, or enhance a notification or
communications systems for alerts, advisories, or dissemination
of other information for the recovery of missing individuals
with forms of dementia, such as Alzheimer's Disease, or with
developmental disabilities, such as autism; and
``(2) shall award grants to health care agencies, State and
local law enforcement agencies, or public safety agencies to assist
such agencies in designing, establishing, and operating locative
tracking technology programs for individuals with forms of
dementia, such as Alzheimer's Disease, or children with
developmental disabilities, such as autism, who have wandered from
safe environments.'';
(3) in subsection (b)--
(A) by inserting ``competitive'' after ``to receive a'';
(B) by inserting ``agency or'' before ``organization'' each
place it appears; and
(C) by adding at the end the following: ``The Attorney
General shall periodically solicit applications for grants
under this section by publishing a request for applications in
the Federal Register and by posting such a request on the
website of the Department of Justice.''; and
(4) by striking subsections (c) and (d) and inserting the
following:
``(c) Preference.--In awarding grants under subsection (a)(1), the
Attorney General shall give preference to law enforcement or public
safety agencies that partner with nonprofit organizations that
appropriately use person-centered plans minimizing restrictive
interventions and that have a direct link to individuals, and families
of individuals, with forms of dementia, such as Alzheimer's Disease, or
developmental disabilities, such as autism.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2018 through 2022.
``(e) Grant Accountability.--All grants awarded by the Attorney
General under this section shall be subject to the following
accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term `unresolved
audit finding' means a finding in the final audit report of the
Inspector General of the Department of Justice that the audited
grantee has utilized grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed or
resolved within 12 months from the date when the final audit
report is issued.
``(B) Audits.--Beginning in the first fiscal year beginning
after the date of enactment of this subsection, and in each
fiscal year thereafter, the Inspector General of the Department
of Justice shall conduct audits of recipients of grants under
this section to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine the appropriate
number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant funds
under this section that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under this
section during the first 2 fiscal years beginning after the end
of the 12-month period described in subparagraph (A).
``(D) Priority.--In awarding grants under this section, the
Attorney General shall give priority to eligible applicants
that did not have an unresolved audit finding during the 3
fiscal years before submitting an application for a grant under
this section.
``(E) Reimbursement.--If an entity is awarded grant funds
under this section during the 2-fiscal-year period during which
the entity is barred from receiving grants under subparagraph
(C), the Attorney General shall--
``(i) deposit an amount equal to the amount of the
grant funds that were improperly awarded to the grantee
into the General Fund of the Treasury; and
``(ii) seek to recoup the costs of the repayment to the
fund from the grant recipient that was erroneously awarded
grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition of nonprofit organization.--For purposes
of this paragraph and the grant programs under this section,
the term `nonprofit organization' means an organization that is
described in section 501(c)(3) of the Internal Revenue Code of
1986 and is exempt from taxation under section 501(a) of such
Code.
``(B) Prohibition.--The Attorney General may not award a
grant under this section to a nonprofit organization that holds
money in offshore accounts for the purpose of avoiding paying
the tax described in section 511(a) of the Internal Revenue
Code of 1986.
``(C) Disclosure.--Each nonprofit organization that is
awarded a grant under this section and uses the procedures
prescribed in regulations to create a rebuttable presumption of
reasonableness for the compensation of its officers, directors,
trustees, and key employees, shall disclose to the Attorney
General, in the application for the grant, the process for
determining such compensation, including the independent
persons involved in reviewing and approving such compensation,
the comparability data used, and contemporaneous substantiation
of the deliberation and decision. Upon request, the Attorney
General shall make the information disclosed under this
subparagraph available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts made available to the
Department of Justice under this section may be used by the
Attorney General, or by any individual or entity awarded
discretionary funds through a cooperative agreement under this
section, to host or support any expenditure for conferences
that uses more than $20,000 in funds made available by the
Department of Justice, unless the head of the relevant agency
or department, provides prior written authorization that the
funds may be expended to host the conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of all costs
associated with the conference, including the cost of all food,
beverages, audio-visual equipment, honoraria for speakers, and
entertainment.
``(C) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved under
this paragraph.
``(4) Annual certification.--Beginning in the first fiscal year
beginning after the date of enactment of this subsection, the
Attorney General shall submit, to the Committee on the Judiciary
and the Committee on Appropriations of the Senate and the Committee
on the Judiciary and the Committee on Appropriations of the House
of Representatives, an annual certification--
``(A) indicating whether--
``(i) all audits issued by the Office of the Inspector
General under paragraph (1) have been completed and
reviewed by the appropriate Assistant Attorney General or
Director;
``(ii) all mandatory exclusions required under
paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under paragraph
(1)(E) have been made; and
``(B) that includes a list of any grant recipients excluded
under paragraph (1) from the previous year.
``(f) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a grant
to an applicant under this section, the Attorney General shall
compare potential grant awards with other grants awarded by the
Attorney General to determine if grant awards are or have been
awarded for a similar purpose.
``(2) Report.--If the Attorney General awards grants to the
same applicant for a similar purpose the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report
that includes--
``(A) a list of all such grants awarded, including the
total dollar amount of any such grants awarded; and
``(B) the reason the Attorney General awarded multiple
grants to the same applicant for a similar purpose.''.
(b) Annual Report.--Not later than 2 years after the date of
enactment of this Act and every year thereafter, the Attorney General
shall submit to the Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the Judiciary and the
Committee on Appropriations of the House of Representatives a report on
the Missing Americans Alert Program, as amended by subsection (a),
which shall address--
(1) the number of individuals who benefitted from the Missing
Americans Alert Program, including information such as the number
of individuals with reduced unsafe wandering, the number of people
who were trained through the program, and the estimated number of
people who were impacted by the program;
(2) the number of State, local, and tribal law enforcement or
public safety agencies that applied for funding under the Missing
Americans Alert Program;
(3) the number of State, local, and tribal local law
enforcement or public safety agencies that received funding under
the Missing Americans Alert Program, including--
(A) the number of State, local, and tribal law enforcement
or public safety agencies that used such funding for training;
and
(B) the number of State, local, and tribal law enforcement
or public safety agencies that used such funding for designing,
establishing, or operating locative tracking technology;
(4) the companies, including the location (city and State) of
the headquarters and local offices of each company, for which their
locative tracking technology was used by State, local, and tribal
law enforcement or public safety agencies;
(5) the nonprofit organizations, including the location (city
and State) of the headquarters and local offices of each
organization, that State, local, and tribal law enforcement or
public safety agencies partnered with and the result of each
partnership;
(6) the number of missing children with autism or another
developmental disability with wandering tendencies or adults with
Alzheimer's being served by the program who went missing and the
result of the search for each such individual; and
(7) any recommendations for improving the Missing Americans
Alert Program.
(c) Table of Contents.--The table of contents in section 2 of the
Violent Crime Control and Law Enforcement Act of 1994 is amended by
striking the item relating to section 240001 and inserting the
following:
``Sec. 240001. Missing Americans Alert Program.''.
TITLE II--EDUCATION AND OUTREACH
SEC. 201. ACTIVITIES BY THE NATIONAL CENTER FOR MISSING AND EXPLOITED
CHILDREN.
Section 404(b)(1)(H) of the Missing Children's Assistance Act (34
U.S.C. 11293(b)(1)(H)) is amended by inserting ``, including cases
involving children with developmental disabilities such as autism''
before the semicolon.
TITLE III--PRIVACY PROTECTIONS
SEC. 301. DEFINITIONS.
In this title:
(1) Child.--The term ``child'' means an individual who is less
than 18 years of age.
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304(e)).
(3) Law enforcement agency.--The term ``law enforcement
agency'' means an agency of a State, unit of local government, or
Indian tribe that is authorized by law or by a government agency to
engage in or supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
(4) Non-invasive and non-permanent.--The term ``non-invasive
and non-permanent'' means, with regard to any technology or device,
that the procedure to install the technology or device does not
create an external or internal marker or implant a device, such as
a microchip, or other trackable items.
(5) State.--The term ``State'' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, American Samoa, Guam, and the Commonwealth
of the Northern Mariana Islands.
(6) Unit of local government.--The term ``unit of local
government'' means a county, municipality, town, township, village,
parish, borough, or other unit of general government below the
State level.
SEC. 302. STANDARDS AND BEST PRACTICES FOR USE OF NON-INVASIVE AND NON-
PERMANENT TRACKING DEVICES.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, in consultation with
the Secretary of Health and Human Services and leading research,
advocacy, self-advocacy, and service organizations, shall establish
standards and best practices relating to the use of non-invasive
and non-permanent tracking technology, where a guardian or parent
has determined that a non-invasive and non-permanent tracking
device is the least restrictive alternative, to locate individuals
as described in subsection (a)(2) of section 240001 of the Violent
Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12621), as
added by this Act.
(2) Requirements.--In establishing the standards and best
practices required under paragraph (1), the Attorney General
shall--
(A) determine--
(i) the criteria used to determine which individuals
would benefit from the use of a tracking device;
(ii) the criteria used to determine who should have
direct access to the tracking system; and
(iii) which non-invasive and non-permanent types of
tracking devices can be used in compliance with the
standards and best practices; and
(B) establish standards and best practices the Attorney
General determines are necessary to the administration of a
tracking system, including procedures to--
(i) safeguard the privacy of the data used by the
tracking device such that--
(I) access to the data is restricted to law
enforcement and health agencies determined necessary by
the Attorney General; and
(II) collection, use, and retention of the data is
solely for the purpose of preventing injury to or death
of the individual wearing the tracking device;
(ii) establish criteria to determine whether use of the
tracking device is the least restrictive alternative in
order to prevent risk of injury or death before issuing the
tracking device, including the previous consideration of
less restrictive alternatives;
(iii) provide training for law enforcement agencies to
recognize signs of abuse during interactions with
applicants for tracking devices;
(iv) protect the civil rights and liberties of the
individuals who use tracking devices, including their
rights under the Fourth Amendment to the Constitution of
the United States and title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.);
(v) establish a complaint and investigation process to
address--
(I) incidents of noncompliance by recipients of
grants under subsection (a)(2) of section 240001 of the
Violent Crime Control and Law Enforcement Act of 1994
(34 U.S.C. 12621), as added by this Act, with the best
practices established by the Attorney General or other
applicable law; and
(II) use of a tracking device over the objection of
an individual; and
(vi) determine the role that State agencies should have
in the administration of a tracking system.
(3) Effective date.--The standards and best practices
established pursuant to paragraph (1) shall take effect 90 days
after publication of such standards and practices by the Attorney
General.
(b) Required Compliance.--
(1) In general.--Each entity that receives a grant under
subsection (a)(2) of section 240001 of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12621), as added by this
Act, shall comply with any standards and best practices relating to
the use of tracking devices established by the Attorney General in
accordance with subsection (a).
(2) Determination of compliance.--The Attorney General, in
consultation with the Secretary of Health and Human Services, shall
determine whether an entity that receives a grant under subsection
(a)(2) of section 240001 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12621), as added by this Act,
acts in compliance with the standards and best practices described
in paragraph (1).
(c) Applicability of Standards and Best Practices.--The standards
and best practices established by the Attorney General under subsection
(a) shall apply only to the grant programs authorized under subsection
(a)(2) of section 240001 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12621), as added by this Act.
(d) Limitations on Program.--
(1) Data storage.--Any tracking data provided by tracking
devices issued under this program may not be used by a Federal
entity to create a database.
(2) Voluntary participation.--Nothing in this Act may be
construed to require that a parent or guardian use a tracking
device to monitor the location of a child or adult under that
parent or guardian's supervision if the parent or guardian does not
believe that the use of such device is necessary or in the interest
of the child or adult under supervision.
DIVISION R--TARGET ACT
SECTION 1. SHORT TITLES.
This division may be cited as the ``Targeted Rewards for the Global
Eradication of Human Trafficking'' or the ``TARGET Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Trafficking in persons is a major transnational crime, as
recognized by the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.; division A of Public Law 106-386).
(2) Trafficking in persons is increasingly perpetrated by
organized, sophisticated criminal enterprises.
(3) Combating trafficking in persons requires a global approach
to identifying and apprehending the world's worst human trafficking
rings.
(b) Sense of Congress.--It is the sense of Congress that the
Department of State's rewards program is a powerful tool in combating
sophisticated international crime and that the Department of State and
Federal law enforcement should work in concert to offer rewards that
target human traffickers who prey on the most vulnerable people around
the world.
SEC. 3. REWARDS FOR JUSTICE.
Section 36(k)(5) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708(k)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``means'';
(2) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively, and moving such clauses, as redesignated, 2
ems to the right;
(3) by inserting before clause (i), as redesignated, the
following:
``(A) means--'';
(4) in clause (ii), as redesignated, by striking the period at
the end and inserting ``; and''; and
(5) by adding at the end following:
``(B) includes severe forms of trafficking in persons (as
defined in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102)) involving at least 1 jurisdiction
outside of the United States.''.
DIVISION S--OTHER MATTER
TITLE I--CHILD PROTECTION IMPROVEMENTS ACT
SEC. 101. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND CRIMINAL
HISTORY REVIEW PROGRAM.
(a) In General.--The National Child Protection Act of 1993 (34
U.S.C. 40101 et seq.) is amended--
(1) in section 3 (34 U.S.C. 40102)--
(A) by striking ``provider'' each place it appears and
inserting ``covered individual'';
(B) by striking ``provider's'' each place it appears and
inserting ``covered individual's'';
(C) by amending subsection (a)(3) to read as follows:
``(3)(A) The Attorney General shall establish a program, in
accordance with this section, to provide qualified entities located in
States that do not have in effect procedures described in paragraph
(1), or qualified entities located in States that do not prohibit the
use of the program established under this paragraph, with access to
national criminal history background checks on, and criminal history
reviews of, covered individuals. In any case where the use of a Federal
national criminal history background check program is required pursuant
to Federal law as of the effective date of this subparagraph, the
program under this subparagraph may not be used.
``(B) A qualified entity described in subparagraph (A) may submit
to the appropriate designated entity a request for a national criminal
history background check on, and a criminal history review of, a
covered individual. Qualified entities making a request under this
paragraph shall comply with the guidelines set forth in subsection (b),
and with any additional applicable procedures set forth by the Attorney
General or by the State in which the entity is located.'';
(D) in subsection (b)--
(i) in paragraph (1)(E), by striking ``unsupervised'';
(ii) by amending paragraph (2) to read as follows:
``(2) that the State, or in a State that does not have in
effect procedures described in subsection (a)(1), the designated
entity, ensures that--
``(A) each covered individual who is the subject of a
background check under subsection (a) is entitled to obtain a
copy of any background check report;
``(B) each covered individual who is the subject of a
background check under subsection (a) is provided a process by
which the covered individual may appeal the results of the
background check to challenge the accuracy or completeness of
the information contained in the background report of the
covered individual and obtain a prompt determination as to the
validity of such challenge before a final determination is made
by the authorized agency;
``(C)(i) each covered individual described in subparagraph
(B) is given notice of the opportunity to appeal;
``(ii) each covered individual described in subparagraph
(B) will receive instructions on how to complete the appeals
process if the covered individual wishes to challenge the
accuracy or completeness of the information contained in the
background report of the covered individual; and
``(iii) the appeals process is completed in a timely manner
for each covered individual described in subparagraph (B);
``(iv) the appeals process is consistent with title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); and
``(D) an authorized agency, upon receipt of a background
check report lacking disposition data, shall conduct research
in whatever State and local recordkeeping systems are available
in order to obtain complete data;'';
(iii) in paragraph (3), by inserting ``or designated
entity, as applicable,'' after ``authorized agency''; and
(iv) in paragraph (4), by inserting ``or designated
entity, as applicable,'' after ``authorized agency'';
(E) in subsection (d), by inserting ``, nor shall any
designated entity nor any officer or employee thereof,'' after
``officer or employee thereof,'';
(F) by amending subsection (e) to read as follows:
``(e) Fees.--
``(1) State program.--In the case of a background check
conducted pursuant to a State requirement adopted after December
20, 1993, conducted with fingerprints on a covered individual, the
fees collected by authorized State agencies and the Federal Bureau
of Investigation may not exceed the actual cost of the background
check conducted with fingerprints.
``(2) Federal program.--In the case of a national criminal
history background check and criminal history review conducted
pursuant to the procedures established pursuant to subsection
(a)(3), the fees collected by a designated entity shall be set at a
level that will ensure the recovery of the full costs of providing
all such services. The designated entity shall remit the
appropriate portion of such fee to the Attorney General, which
amount is in accordance with the amount published in the Federal
Register to be collected for the provision of a criminal history
background check by the Federal Bureau of Investigation.
``(3) Ensuring fees do not discourage volunteers.--A fee system
under this subsection shall be established in a manner that ensures
that fees to qualified entities for background checks do not
discourage volunteers from participating in programs to care for
children, the elderly, or individuals with disabilities. A fee
charged to a qualified entity that is not organized under section
501(c)(3) of the Internal Revenue Code of 1986 may not be less than
the total sum of the costs of the Federal Bureau of Investigation
and the designated entity.''; and
(G) by inserting after subsection (e) the following:
``(f) National Criminal History Background Check and Criminal
History Review Program.--
``(1) National criminal history background check.--Upon a
designated entity receiving notice of a request submitted by a
qualified entity pursuant to subsection (a)(3), the designated
entity shall forward the request to the Attorney General, who
shall, acting through the Director of the Federal Bureau of
Investigation, complete a fingerprint-based check of the national
criminal history background check system, and provide the
information received in response to such national criminal history
background check to the appropriate designated entity. The
designated entity may, upon request from a qualified entity,
complete a check of a State criminal history database.
``(2) Criminal history review.--
``(A) Designated entities.--The Attorney General shall
designate, and enter into an agreement with, one or more
entities to make determinations described in subparagraph (B).
The Attorney General may not designate and enter into an
agreement with a Federal agency under this subparagraph.
``(B) Determinations.--A designated entity shall, upon the
receipt of the information described in paragraph (1), make a
determination of fitness described in subsection (b)(4), using
the criteria described in subparagraph (C).
``(C) Criminal history review criteria.--The Attorney
General shall, by rule, establish the criteria for use by
designated entities in making a determination of fitness
described in subsection (b)(4). Such criteria shall be based on
the criteria established pursuant to section 108(a)(3)(G)(i) of
the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (34 U.S.C. 40102
note) and section 658H of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858f).''; and
(2) in section 5 (34 U.S.C. 40104)--
(A) by amending paragraph (9) to read as follows:
``(9) the term `covered individual' means an individual--
``(A) who has, seeks to have, or may have access to
children, the elderly, or individuals with disabilities, served
by a qualified entity; and
``(B) who--
``(i) is employed by or volunteers with, or seeks to be
employed by or volunteer with, a qualified entity; or
``(ii) owns or operates, or seeks to own or operate, a
qualified entity;'';
(B) in paragraph (10), by striking ``and'' at the end;
(C) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(D) by inserting after paragraph (11) the following:
``(12) the term `designated entity' means an entity designated
by the Attorney General under section 3(f)(2)(A).''.
(b) Implementation.--The Attorney General shall ensure that this
section and the amendments made by this section are fully implemented
not later than 1 year after the date of enactment of this section.
TITLE II--SAVE AMERICA'S PASTIME ACT
SEC. 201. APPLICATION OF THE FAIR LABOR STANDARDS ACT OF 1938 TO MINOR
LEAGUE BASEBALL PLAYERS.
(a) In General.--Section 13(a) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(a)) is amended--
(1) in paragraph (18), by striking the period and inserting ``;
or''; and
(2) by adding at the end the following:
``(19) any employee employed to play baseball who is
compensated pursuant to a contract that provides for a weekly
salary for services performed during the league's championship
season (but not spring training or the off season) at a rate that
is not less than a weekly salary equal to the minimum wage under
section 6(a) for a workweek of 40 hours, irrespective of the number
of hours the employee devotes to baseball related activities.''.
(b) Effective Date.--This section, and the amendments made by this
section, shall take effect on the date of enactment of this Act.
TITLE III--KEEP YOUNG ATHLETES SAFE ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Keep Young Athletes Safe Act of
2018''.
SEC. 302. GRANT TO PROTECT YOUNG ATHLETES FROM ABUSE.
(a) In General.--Chapter 2205 of title 36, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER III--GRANT TO KEEP YOUNG ATHLETES SAFE
``Sec. 220531. Grant to protect young athletes from abuse
``(a) Authority.--The Attorney General may award a grant to an
eligible nonprofit nongovernmental entity in order to support oversight
of the United States Olympic Committee, each national governing body,
and each paralympic sports organization with regard to safeguarding
amateur athletes against abuse, including emotional, physical, and
sexual abuse in sports.
``(b) Applications.--To be eligible to receive a grant under this
section, a nonprofit nongovernmental entity shall submit an application
to the Attorney General at such time, in such manner, and containing
such information as the Attorney General may require, including
information that demonstrates that the entity has--
``(1) nationally recognized expertise in preventing and
investigating emotional, physical, and sexual abuse in the athletic
programs of the United States Olympic Committee, each national
governing body, and each paralympic sports organization; and
``(2) the capacity to oversee regular and random audits to
ensure that the policies and procedures used by the United States
Olympic Committee, each national governing body, and each
paralympic sports organization to prevent and identify the abuse of
an amateur athlete are followed correctly.
``(c) Use of Grant Amount.--An entity that receives a grant under
this section may use such funds--
``(1) to develop and test new training materials for emotional,
physical, and sexual abuse prevention and identification education
in youth athletic programs;
``(2) for staff salaries, travel expenses, equipment, printing,
and other reasonable expenses necessary to develop, maintain, and
disseminate to the United States Olympic Committee, each national
governing body, each paralympic sports organization, and other
amateur sports organizations information about safeguarding amateur
athletes against abuse, including emotional, physical, and sexual
abuse in sports; and
``(3) to oversee the administration of the procedures described
in subsection (b)(2).
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $2,500,000 for each of the fiscal years 2018
through 2022.
``(2) Availability of grant funds.--Funds appropriated under
this section shall remain available until expended.''.
(b) Clerical Amendment.--The table of sections for chapter 2205 of
title 36, United States Code, is amended by inserting after the item
related to section 220529 the following:
``subchapter iii--grant to keep young athletes safe
``220531. Grant to protect young athletes from abuse.''.
TITLE IV--CONSENT OF CONGRESS TO AMENDMENTS TO THE CONSTITUTION OF THE
STATE OF ARIZONA
SEC. 401. CONSENT OF CONGRESS TO AMENDMENTS TO THE CONSTITUTION OF THE
STATE OF ARIZONA.
Congress consents to the amendments to the Constitution of the
State of Arizona proposed by House Concurrent Resolution 2001 of the
52nd Legislature of the State of Arizona, First Special Session, 2015,
entitled ``A Concurrent Resolution Proposing an Amendment to the
Constitution of Arizona; Amending Article X, Section 7, Constitution of
Arizona; Amending Article XI, Constitution of Arizona, by Adding
Section 11; Relating to Education Finance'', approved by the voters of
the State of Arizona at the special election held on May 17, 2016.
TITLE V--STOP SCHOOL VIOLENCE ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Student, Teachers, and Officers
Preventing School Violence Act of 2018'' or the ``STOP School Violence
Act of 2018''.
SEC. 502. GRANT PROGRAM FOR SCHOOL SECURITY.
Part AA of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10551 et seq.) is amended--
(1) in section 2701 (34 U.S.C. 10551)--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) COPS grants.--The Director of the Office of Community
Oriented Policing Services (referred to in this part as the `COPS
Director') is authorized to make grants to States, units of local
government, and Indian tribes for the purposes described in
paragraphs (5) through (9) of subsection (b).
``(2) BJA grants.--The Director of the Bureau of Justice
Assistance (referred to in this part as the `BJA Director') is
authorized to make grants to States, units of local government, and
Indian tribes for the purposes described in paragraphs (1) through
(4) of subsection (b).'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by inserting
``evidence-based school safety programs that may include''
after ``through''; and
(ii) by striking paragraphs (1) through (6) and
inserting the following:
``(1) Training school personnel and students to prevent student
violence against others and self.
``(2) The development and operation of anonymous reporting
systems for threats of school violence, including mobile telephone
applications, hotlines, and Internet websites.
``(3) The development and operation of--
``(A) school threat assessment and intervention teams that
may include coordination with law enforcement agencies and
school personnel; and
``(B) specialized training for school officials in
responding to mental health crises.
``(4) Any other measure that, in the determination of the BJA
Director, may provide a significant improvement in training, threat
assessments and reporting, and violence prevention.
``(5) Coordination with local law enforcement.
``(6) Training for local law enforcement officers to prevent
student violence against others and self.
``(7) Placement and use of metal detectors, locks, lighting,
and other deterrent measures.
``(8) Acquisition and installation of technology for expedited
notification of local law enforcement during an emergency.
``(9) Any other measure that, in the determination of the COPS
Director, may provide a significant improvement in security.'';
(C) by redesignating subsections (c) through (f) as
subsections (e) through (h), respectively;
(D) by inserting after subsection (b) the following:
``(c) Contracts and Subawards.--A State, unit of local government,
or Indian tribe may, in using a grant under this part for purposes
authorized under subsection (b), use the grant to contract with or make
1 or more subawards to 1 or more--
``(1) local educational agencies;
``(2) nonprofit organizations, excluding schools; or
``(3) units of local government or tribal organizations.
``(d) Services and Benefits for Schools.--An entity that receives a
subaward or contract under subsection (c) may use such funds to provide
services or benefits described under subsection (b) to 1 or more
schools.'';
(E) in subsection (e), as so redesignated--
(i) by striking ``Director'' and inserting ``COPS
Director and the BJA Director'';
(ii) by striking ``and has'' and inserting ``has''; and
(iii) by inserting before the period at the end the
following: ``, and will use evidence-based strategies and
programs, such as those identified by the Comprehensive
School Safety Initiative of the Department of Justice'';
(F) in subsection (f), as so redesignated--
(i) in paragraph (1), by striking ``50 percent'' and
inserting ``75 percent''; and
(ii) in paragraph (3), by striking ``Director may'' and
inserting ``COPS Director and the BJA Director may each'';
(G) in subsection (g), as so redesignated, by striking
``Director shall'' and inserting ``COPS Director and the BJA
shall each''; and
(H) in subsection (h), as so redesignated, by striking
``Director may'' and inserting ``COPS Director and the BJA
Director may each'';
(2) in section 2702 (34 U.S.C. 10552)--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``the Director'' the first place it
appears and inserting ``the COPS Director or the BJA
Director, as the case may be,''; and
(II) by striking ``the Director may'' and inserting
``the COPS Director or the BJA Director may'';
(ii) in paragraph (1)(B), by striking ``and'' at the
end;
(iii) in paragraph (2)--
(I) in the matter preceding subparagraph (A), by
striking ``child psychologists'' and inserting
``licensed mental health professionals''; and
(II) in subparagraph (B), by striking the period at
the end and inserting a semicolon; and
(iv) by adding at the end the following:
``(3) include an assurance that the applicant shall maintain
and report such data, records, and information (programmatic and
financial) as the COPS Director or the BJA Director may reasonably
require;
``(4) include a certification, made in a form acceptable to the
COPS Director or the BJA Director, as the case may be, that--
``(A) the programs to be funded by the grant meet all the
requirements of this part;
``(B) all the information contained in the application is
correct; and
``(C) the applicant will comply with all provisions of this
part and all other applicable Federal laws.''; and
(B) in subsection (b)--
(i) by striking ``this part'' and inserting ``the STOP
School Violence Act of 2018''; and
(ii) by striking ``Director shall'' and inserting
``COPS Director and the BJA Director shall each'';
(3) in section 2703 (34 U.S.C. 10553)--
(A) in the section heading, by inserting after
``<SUP>congress</SUP>'' the following: ``; <SUP>grant</SUP>
accountability</SUP>'';
(B) by striking ``Not later'' and inserting the following:
``(a) Annual Report.--Not later'';
(C) by striking ``Director shall'' and inserting ``COPS
Director and the BJA Director shall each''; and
(D) by adding at the end the following:
``(b) Grant Accountability.--Section 3026 (relating to grant
accountability) shall apply to grants awarded by the COPS Director and
the BJA Director under this part. For purposes of the preceding
sentence, any references in section 3026 to the Attorney General shall
be considered references to the COPS Director or the BJA Director, as
appropriate, and any references in that section to part LL shall be
considered references to part AA.'';
(4) in section 2704 (34 U.S.C. 10554)--
(A) in paragraph (1)--
(i) by striking ``a public'' and inserting ``an''; and
(ii) by inserting ``, including a Bureau-funded school
(as defined in section 1141 of the Education Amendments of
1978 (25 U.S.C. 2021))'' after ``secondary school'';
(B) in paragraph (2), by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(4) the term `evidence-based' means a program, practice,
technology, or equipment that--
``(A) demonstrates a statistically significant effect on
relevant outcomes based on--
``(i) strong evidence from not less than 1 well-
designed and well-implemented experimental study;
``(ii) moderate evidence from not less than 1 well-
designed and well-implemented quasi-experimental study; or
``(iii) promising evidence from not less than 1 well-
designed and well-implemented correlational study with
statistical controls for selection bias;
``(B) demonstrates a rationale based on high-quality
research findings or positive evaluation that such program,
practice, technology, or equipment is likely to improve
relevant outcomes, and includes ongoing efforts to examine the
effects of the program, practice, technology, or equipment; or
``(C) in the case of technology or equipment, demonstrates
that use of the technology or equipment is--
``(i) consistent with best practices for school
security, including--
``(I) applicable standards for school security
established by a Federal or State government agency;
and
``(II) findings and recommendations of public
commissions and task forces established to make
recommendations or set standards for school security;
and
``(ii) compliant with all applicable codes, including
building and life safety codes; and
``(5) the term `tribal organization' has the same meaning given
the term in section 4(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304(l)).'';
(5) by striking section 2705 and inserting the following:
``SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated--
``(1) $75,000,000 for fiscal year 2018, of which--
``(A) $50,000,000 shall be made available to the BJA
Director to carry out this part; and
``(B) $25,000,000 shall be made available to the COPS
Director to carry out this part; and
``(2) $100,000,000 for each of fiscal years 2019 through 2028,
of which, for each fiscal year--
``(A) $67,000,000 shall be made available to the BJA
Director to carry out this part; and
``(B) $33,000,000 shall be made available to the COPS
Director to carry out this part.
``(b) Offset.--Any funds appropriated for the Comprehensive School
Safety Initiative of the National Institute of Justice in fiscal year
2018 shall instead be used for the purposes in subsection (a).''; and
(6) by adding at the end the following:
``SEC. 2706. RULES OF CONSTRUCTION.
``(a) No Funds To Provide Firearms or Training.--No amounts
provided as a grant under this part may be used for the provision to
any person of a firearm or training in the use of a firearm.
``(b) No Effect on Other Laws.--Nothing in this part may be
construed to preclude or contradict any other provision of law
authorizing the provision of firearms or training in the use of
firearms.''.
TITLE VI--FIX NICS ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Fix NICS Act of 2018''.
SEC. 602. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS AND AGENCIES.
Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901) is amended--
(1) in subsection (e)(1), by adding at the end the following:
``(F) Semiannual certification and reporting.--
``(i) In general.--The head of each Federal department
or agency shall submit a semiannual written certification
to the Attorney General indicating whether the department
or agency is in compliance with the record submission
requirements under subparagraph (C).
``(ii) Submission dates.--The head of a Federal
department or agency shall submit a certification to the
Attorney General under clause (i)--
``(I) not later than July 31 of each year, which
shall address all relevant records, including those
that have not been transmitted to the Attorney General,
in possession of the department or agency during the
period beginning on January 1 of the year and ending on
June 30 of the year; and
``(II) not later than January 31 of each year,
which shall address all relevant records, including
those that have not been transmitted to the Attorney
General, in possession of the department or agency
during the period beginning on July 1 of the previous
year and ending on December 31 of the previous year.
``(iii) Contents.--A certification required under
clause (i) shall state, for the applicable period--
``(I) the total number of records of the Federal
department or agency demonstrating that a person falls
within one of the categories described in subsection
(g) or (n) of section 922 of title 18, United States
Code;
``(II) for each category of records described in
subclause (I), the total number of records of the
Federal department or agency that have been provided to
the Attorney General; and
``(III) the efforts of the Federal department or
agency to ensure complete and accurate reporting of
relevant records, including efforts to monitor
compliance and correct any reporting failures or
inaccuracies.
``(G) Implementation plan.--
``(i) In general.--Not later than 1 year after the date
of enactment of this subparagraph, the head of each Federal
department or agency, in coordination with the Attorney
General, shall establish a plan to ensure maximum
coordination and automated reporting or making available of
records to the Attorney General as required under
subparagraph (C), and the verification of the accuracy of
those records, including the pre-validation of those
records, where appropriate, during a 4-year period
specified in the plan. The records shall be limited to
those of an individual described in subsection (g) or (n)
of section 922 of title 18, United States Code.
``(ii) Benchmark requirements.--Each plan established
under clause (i) shall include annual benchmarks to enable
the Attorney General to assess implementation of the plan,
including--
``(I) qualitative goals and quantitative measures;
``(II) measures to monitor internal compliance,
including any reporting failures and inaccuracies;
``(III) a needs assessment, including estimated
compliance costs; and
``(IV) an estimated date by which the Federal
department or agency will fully comply with record
submission requirements under subparagraph (C).
``(iii) Compliance determination.--Not later than the
end of each fiscal year beginning after the date of the
establishment of a plan under clause (i), the Attorney
General shall determine whether the applicable Federal
department or agency has achieved substantial compliance
with the benchmarks included in the plan.
``(H) Accountability.--The Attorney General shall publish,
including on the website of the Department of Justice, and
submit to the Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the Judiciary
and the Committee on Appropriations of the House of
Representatives a semiannual report that discloses--
``(i) the name of each Federal department or agency
that has failed to submit a required certification under
subparagraph (F);
``(ii) the name of each Federal department or agency
that has submitted a required certification under
subparagraph (F), but failed to certify compliance with the
record submission requirements under subparagraph (C);
``(iii) the name of each Federal department or agency
that has failed to submit an implementation plan under
subparagraph (G);
``(iv) the name of each Federal department or agency
that is not in substantial compliance with an
implementation plan under subparagraph (G);
``(v) a detailed summary of the data, broken down by
department or agency, contained in the certifications
submitted under subparagraph (F);
``(vi) a detailed summary of the contents and status,
broken down by department or agency, of the implementation
plans established under subparagraph (G); and
``(vii) the reasons for which the Attorney General has
determined that a Federal department or agency is not in
substantial compliance with an implementation plan
established under subparagraph (G).
``(I) Noncompliance penalties.--For each of fiscal years
2019 through 2022, each political appointee of a Federal
department or agency that has failed to certify compliance with
the record submission requirements under subparagraph (C), and
is not in substantial compliance with an implementation plan
established under subparagraph (G), shall not be eligible for
the receipt of bonus pay, excluding overtime pay, until the
department or agency--
``(i) certifies compliance with the record submission
requirements under subparagraph (C); or
``(ii) achieves substantial compliance with an
implementation plan established under subparagraph (G).
``(J) Technical assistance.--The Attorney General may use
funds made available for the national instant criminal
background check system established under subsection (b) to
provide technical assistance to a Federal department or agency,
at the request of the department or agency, in order to help
the department or agency comply with the record submission
requirements under subparagraph (C).
``(K) Application to federal courts.--For purposes of this
paragraph--
``(i) the terms `department or agency of the United
States' and `Federal department or agency' include a
Federal court; and
``(ii) the Director of the Administrative Office of the
United States Courts shall perform, for a Federal court,
the functions assigned to the head of a department or
agency.''; and
(2) in subsection (g), by adding at the end the following:
``For purposes of the preceding sentence, not later than 60 days
after the date on which the Attorney General receives such
information, the Attorney General shall determine whether or not
the prospective transferee is the subject of an erroneous record
and remove any records that are determined to be erroneous. In
addition to any funds made available under subsection (k), the
Attorney General may use such sums as are necessary and otherwise
available for the salaries and expenses of the Federal Bureau of
Investigation to comply with this subsection.''.
SEC. 603. REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT PROGRAM.
(a) Requirements To Obtain Waiver.--Section 102 of the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40912) is amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``the Crime Identification Technology Act
of 1988 (42 U.S.C. 14601)'' and inserting ``section 102 of the
Crime Identification Technology Act of 1998 (34 U.S.C.
40301)''; and
(B) by inserting ``is in compliance with an implementation
plan established under subsection (b) or'' before ``provides at
least 90 percent of the information described in subsection
(c)''; and
(2) in subsection (b)(1)(B), by inserting ``or has established
an implementation plan under section 107'' after ``the Attorney
General''.
(b) Implementation Assistance to States.--Section 103 of the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended--
(1) in subsection (b)(3), by inserting before the semicolon at
the end the following: ``, including through increased efforts to
pre-validate the contents of those records to expedite eligibility
determinations'';
(2) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``and''; and
(ii) by inserting before the period at the end the
following: ``, and $125,000,000 for each of fiscal years
2018 through 2022''; and
(B) by striking paragraph (2) and inserting the following--
``(2) Domestic abuse and violence prevention initiative.--
``(A) Establishment.--For each of fiscal years 2018 through
2022, the Attorney General shall create a priority area under
the NICS Act Record Improvement Program (commonly known as
`NARIP') for a Domestic Abuse and Violence Prevention
Initiative that emphasizes the need for grantees to identify
and upload all felony conviction records and domestic violence
records.
``(B) Funding.--The Attorney General--
``(i) may use not more than 50 percent of the amounts
made available under this subsection for each of fiscal
years 2018 through 2022 to carry out the initiative
described in subparagraph (A); and
``(ii) shall give a funding preference under NARIP to
States that--
``(I) have established an implementation plan under
section 107; and
``(II) will use amounts made available under this
subparagraph to improve efforts to identify and upload
all felony conviction records and domestic violence
records described in clauses (i), (v), and (vi) of
section 102(b)(1)(C) by not later than September 30,
2022.''; and
(3) by adding at the end the following:
``(g) Technical Assistance.--The Attorney General shall direct the
Office of Justice Programs, the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, and the Federal Bureau of Investigation to--
``(1) assist States that are not currently eligible for grants
under this section to achieve compliance with all eligibility
requirements; and
``(2) provide technical assistance and training services to
grantees under this section.''.
SEC. 604. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY IMPROVEMENT
PROGRAM.
(a) State Grant Program for Criminal Justice Identification,
Information, and Communication.--Section 102 of the Crime
Identification Technology Act of 1998 (34 U.S.C. 40301) is amended--
(1) in subsection (a)(3)--
(A) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(B) by inserting after subparagraph (B) the following:
``(C) identification of all individuals who have been
convicted of a crime punishable by imprisonment for a term
exceeding 1 year'';
(2) in subsection (b)(6)--
(A) by striking ``(18 U.S.C. 922 note)'' and inserting
``(34 U.S.C. 40901(b))''; and
(B) by inserting before the semicolon at the end the
following: ``, including through increased efforts to pre-
validate the contents of felony conviction records and domestic
violence records to expedite eligibility determinations, and
measures and resources necessary to establish and achieve
compliance with an implementation plan under section 107 of the
NICS Improvement Amendments Act of 2007'';
(3) in subsection (d), by inserting after ``unless'' the
following: ``the State has achieved compliance with an
implementation plan under section 107 of the NICS Improvement
Amendments Act of 2007 or''; and
(4) in subsection (e)(1), by striking ``2002 through 2007'' and
inserting ``2018 through 2022''.
(b) Grants for the Improvement of Criminal Records.--Section
106(b)(1) of the Brady Handgun Violence Prevention Act (34 U.S.C.
40302(1)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``as of the date of enactment of this Act''
and inserting ``, as of the date of enactment of the Fix NICS
Act of 2018,''; and
(B) by striking ``files,'' and inserting the following:
``files and that will utilize funding under this subsection to
prioritize the identification and transmittal of felony
conviction records and domestic violence records,'';
(2) in subparagraph (B), by striking ``and'' at the end;
(3) in subparagraph (C)--
(A) by striking ``upon establishment of the national
system,''; and
(B) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following--
``(D) to establish and achieve compliance with an
implementation plan under section 107 of the NICS Improvement
Amendments Act of 2007.''.
SEC. 605. IMPROVING INFORMATION SHARING WITH THE STATES.
(a) In General.--Title I of the NICS Improvement Amendments Act of
2007 (34 U.S. 40911 et seq.) is amended by adding at the end the
following:
``SEC. 107. IMPLEMENTATION PLAN.
``(a) In General.--Not later than 1 year after the date of
enactment of the Fix NICS Act of 2018, the Attorney General, in
coordination with the States and Indian tribal governments, shall
establish, for each State or Indian tribal government, a plan to ensure
maximum coordination and automation of the reporting or making
available of appropriate records to the National Instant Criminal
Background Check System established under section 103 of the Brady
Handgun Violence Prevention Act (34 U.S.C. 40901) and the verification
of the accuracy of those records during a 4-year period specified in
the plan. The records shall be limited to those of an individual
described in subsection (g) or (n) of section 922 of title 18, United
States Code
``(b) Benchmark Requirements.--Each plan established under this
section shall include annual benchmarks to enable the Attorney General
to assess the implementation of the plan, including--
``(1) qualitative goals and quantitative measures; and
``(2) a needs assessment, including estimated compliance costs.
``(c) Compliance Determination.--Not later than the end of each
fiscal year beginning after the date of the establishment of an
implementation plan under this section, the Attorney General shall
determine whether each State or Indian tribal government has achieved
substantial compliance with the benchmarks included in the plan.
``(d) Accountability.--The Attorney General--
``(1) shall disclose and publish, including on the website of
the Department of Justice--
``(A) the name of each State or Indian tribal government
that received a determination of failure to achieve substantial
compliance with an implementation plan under subsection (c) for
the preceding fiscal year; and
``(B) a description of the reasons for which the Attorney
General has determined that the State or Indian tribal
government is not in substantial compliance with the
implementation plan, including, to the greatest extent
possible, a description of the types and amounts of records
that have not been submitted; and
``(2) if a State or Indian tribal government described in
paragraph (1) subsequently receives a determination of substantial
compliance, shall--
``(A) immediately correct the applicable record; and
``(B) not later than 3 days after the determination, remove
the record from the website of the Department of Justice and
any other location where the record was published.
``(e) Incentives.--For each of fiscal years 2018 through 2022, the
Attorney General shall give affirmative preference to all Bureau of
Justice Assistance discretionary grant applications of a State or
Indian tribal government that received a determination of substantial
compliance under subsection (c) for the fiscal year in which the grant
was solicited.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the NICS Improvement Amendments Act of 2007 (Public Law 110-180; 121
Stat. 2559) is amended by inserting after the item relating to section
106 the following:
``Sec. 107. Implementation plan.''.
TITLE VII--STATE SEXUAL RISK AVOIDANCE EDUCATION PROGRAM
SEC. 701. FULL PAYMENT BY SECRETARY FOR STATE SEXUAL RISK AVOIDANCE
EDUCATION PROGRAM.
(a) In General.--Paragraph (1) of section 510(d) of the Social
Security Act (42 U.S.C. 710(d)) is amended by inserting before the
period at the end the following: ``, except that section 503(a) shall
be applied by substituting `the total of the sums' for `four-sevenths
of the total of the sums'''.
(b) Technical Corrections.--Section 510(a)(1)(A) of the Social
Security Act (42 U.S.C. 710(a)(1)(A)) is amended--
(1) by striking ``subsection (e)(1)'' and inserting
``subsection (f)(1)''; and
(2) by striking ``subsection (e)(2)'' and inserting
``subsection (f)(2)''.
TITLE VIII--SMALL BUSINESS CREDIT AVAILABILITY ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Small Business Credit Availability
Act''.
SEC. 802. EXPANDING ACCESS TO CAPITAL FOR BUSINESS DEVELOPMENT
COMPANIES.
(a) In General.--Section 61(a) of the Investment Company Act of
1940 (15 U.S.C. 80a-60(a)) is amended--
(1) by redesignating paragraphs (2) through (4) as paragraphs
(3) through (5), respectively; and
(2) by striking paragraph (1) and inserting the following:
``(1) Except as provided in paragraph (2), the asset coverage
requirements of subparagraphs (A) and (B) of section 18(a)(1) (and
any related rule promulgated under this Act) applicable to business
development companies shall be 200 percent.
``(2) The asset coverage requirements of subparagraphs (A) and
(B) of section 18(a)(1) and of subparagraphs (A) and (B) of section
18(a)(2) (and any related rule promulgated under this Act)
applicable to a business development company shall be 150 percent
if--
``(A) not later than 5 business days after the date on
which those asset coverage requirements are approved under
subparagraph (D) of this paragraph, the business development
company discloses that the requirements were approved, and the
effective date of the approval, in--
``(i) any filing submitted to the Commission under
section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a); 78o(d)); and
``(ii) a notice on the website of the business
development company;
``(B) the business development company discloses, in each
periodic filing required under section 13(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a))--
``(i) the aggregate outstanding principal amount or
liquidation preference, as applicable, of the senior
securities issued by the business development company and
the asset coverage percentage as of the date of the
business development company's most recent financial
statements included in that filing;
``(ii) that the business development company, under
subparagraph (D), has approved the asset coverage
requirements under this paragraph; and
``(iii) the effective date of the approval described in
clause (ii);
``(C) with respect to a business development company that
is an issuer of common equity securities, each periodic filing
of the company required under section 13(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a)) includes disclosures
that are reasonably designed to ensure that shareholders are
informed of--
``(i) the amount of senior securities (and the
associated asset coverage ratios) of the company,
determined as of the date of the most recent financial
statements of the company included in that filing; and
``(ii) the principal risk factors associated with the
senior securities described in clause (i), to the extent
that risk is incurred by the company; and
``(D) the company--
``(i)(I) through a vote of the required majority (as
defined in section 57(o)), approves the application of this
paragraph to the company, to become effective on the date
that is 1 year after the date of the approval; or
``(II) obtains, at a special or annual meeting of
shareholders or partners at which a quorum is present, the
approval of more than 50 percent of the votes cast for the
application of this paragraph to the company, to become
effective on the first day after the date of the approval;
and
``(ii) if the company is not an issuer of common equity
securities that are listed on a national securities
exchange, extends, to each person that is a shareholder as
of the date of an approval described in subclause (I) or
(II) of clause (i), as applicable, the opportunity (which
may include a tender offer) to sell the securities held by
that shareholder as of that applicable approval date, with
25 percent of those securities to be repurchased in each of
the 4 calendar quarters following the calendar quarter in
which that applicable approval date takes place.''.
(b) Conforming Amendments.--
(1) Investment advisers act of 1940.--Section 205(b)(3) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-5(b)(3)) is
amended--
(A) by striking ``section 61(a)(3)(B)(iii)'' and inserting
``section 61(a)(4)(B)(iii)''; and
(B) by striking ``section 61(a)(3)(B)'' and inserting
``section 61(a)(4)(B)''.
(2) Investment company act of 1940.--The Investment Company Act
of 1940 (15 U.S.C. 80a-1 et seq.) is amended--
(A) in section 57 (15 U.S.C. 80a-56)--
(i) in subsection (j)(1), by striking ``section
61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and
(ii) in subsection (n)(2), by striking ``section
61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and
(B) in section 63(3) (15 U.S.C. 80a-62(3)), by striking
``section 61(a)(3)'' and inserting ``section 61(a)(4)''.
SEC. 803. PARITY FOR BUSINESS DEVELOPMENT COMPANIES REGARDING OFFERING
AND PROXY RULES.
(a) Definitions.--In this section--
(1) the term ``business development company'' has the meaning
given the term in section 2(a) of the Investment Company Act of
1940 (15 U.S.C. 80a-2(a));
(2) the term ``Commission'' means the Securities and Exchange
Commission;
(3) the term ``Form N-2'' means the form described in section
239.14 of title 17, Code of Federal Regulations;
(4) the term ``Form S-3'' means the form described in section
239.13 of title 17, Code of Federal Regulations; and
(5) the term ``Schedule 14A'' means the information required
under section 240.14a-101 of title 17, Code of Federal Regulations.
(b) Revision to Rules.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall make the revisions
described in paragraph (2) to allow a business development company
that has filed an election under section 54 of the Investment
Company Act of 1940 (15 U.S.C. 80a-53) to use the securities
offering and proxy rules that are available to other issuers that
are required to file reports under section 13(a) or section 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a); 78o(d)).
(2) Required revisions.--The revisions described in this
paragraph are revisions to--
(A) section 230.405 of title 17, Code of Federal
Regulations--
(i) to remove the exclusion of a business development
company from the definition of the term ``well-known
seasoned issuer'' under that section; and
(ii) to add a registration statement filed on Form N-2
to the definition of the term ``automatic shelf
registration statement'' under that section;
(B) sections 230.168 and 230.169 of title 17, Code of
Federal Regulations, to remove the exclusion of a business
development company from an issuer that is eligible for the
exemptions under those sections;
(C) section 230.163 of title 17, Code of Federal
Regulations, to remove a business development company from the
list of issuers that are ineligible for the exemption under
that section;
(D) section 230.163A of title 17, Code of Federal
Regulations, to remove the communications made by a business
development company from the list of communications that are
ineligible for the exemption under that section;
(E) section 230.134 of title 17, Code of Federal
Regulations, to remove the exclusion of a communication
relating to a business development company from the application
of that section;
(F) sections 230.138 and 230.139 of title 17, Code of
Federal Regulations, to specifically include a business
development company as an issuer to which those sections apply;
(G) section 230.156 of title 17, Code of Federal
Regulations, to provide that nothing in that section may be
construed to prevent a business development company from
qualifying for an exemption under section 230.168 or 230.169 of
title 17, Code of Federal Regulations, as amended by the
Commission in accordance with the requirements of this section;
(H) section 230.164 of title 17, Code of Federal
Regulations, to remove a business development company from the
list of issuers that are excluded under that section;
(I) section 230.433 of title 17, Code of Federal
Regulations, to specifically include a business development
company that is a well-known seasoned issuer as an issuer to
which that section applies;
(J) section 230.415 of title 17, Code of Federal
Regulations to state that the registration for securities under
section 230.415(a)(1)(x) of title 17, Code of Federal
Regulations, includes securities registered on Form N-2 by a
business development company that would otherwise meet the
eligibility requirements of Form S-3;
(K) section 230.497 of title 17, Code of Federal
Regulations, to include a process for a business development
company to file a form of prospectus in the same manner as the
process for filing a form of prospectus under section
230.424(b) of title 17, Code of Federal Regulations;
(L) sections 230.172 and 230.173 of title 17, Code of
Federal Regulations, to remove the exclusion of an offering of
a business development company from the application of those
sections;
(M) section 230.418 of title 17, Code of Federal
Regulations, to provide that a business development company
that would otherwise meet the eligibility requirements of Form
S-3 shall be exempt from paragraph (a)(3) of that section;
(N) Schedule 14A to revise item 13(b)(1) of that Schedule
to include a business development company that would otherwise
meet the requirements of note E of that Schedule as an issuer
to which that item applies;
(O) section 243.103 of title 17, Code of Federal
Regulations, to provide that paragraph (a) of that section
applies for the purposes of Form N-2; and
(P) item 34 on Form N-2 to require a business development
company to provide undertakings that are no more restrictive
than the undertakings that are required of a registrant under
section 229.512 of title 17, Code of Federal Regulations.
(c) Revision to Form N-2.--Not later than 1 year after the date of
enactment of this Act, the Commission shall revise Form N-2--
(1) to include an item or instruction that is similar to item
12 on Form S-3 to provide that a business development company that
would otherwise meet the requirements of Form S-3 shall incorporate
by reference the reports and documents filed by the business
development company under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) into the registration statement of the business
development company filed on Form N-2; and
(2) to include an item or instruction that is similar to the
instruction regarding automatic shelf offerings by well-known
seasoned issuers on Form S-3 to provide that a business development
company that is a well-known seasoned issuer may file automatic
shelf offerings on Form N-2.
(d) Treatment if Revisions Not Completed in Timely Manner.--If the
Commission fails to complete the revisions required under subsections
(b) and (c) by the dates described in those subsections, a business
development company, during the period beginning on the date that is 1
day after 1 year after the date of enactment of this Act and ending on
the date that the Commission completes those revisions, may deem those
revisions to have been completed in accordance with the actions
required to be taken by the Commission under those subsections.
(e) Rules of Construction.--
(1) Treatment of successor regulations and forms.--Any
reference in this section to a regulation or form shall be
construed as a reference to--
(A) that regulation or form, as in effect on the day before
the date of enactment of this Act; or
(B) any successor to that regulation or form.
(2) Distribution of sales material.--Nothing in this section,
or in the amendments made pursuant to the requirements of this
section, may be construed to prevent a business development company
from distributing sales material under section 230.482 of title 17,
Code of Federal Regulations.
TITLE IX--SMALL BUSINESS ACCESS TO CAPITAL AFTER A NATURAL DISASTER ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Small Business Access to Capital
After a Natural Disaster Act''.
SEC. 902. EXPANDING ACCESS TO CAPITAL FOR SMALL BUSINESSES IMPACTED BY
A NATURAL DISASTER.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended--
(1) in subsection (j)(4)(C), by striking ``minority-owned and
women-owned small businesses'' and inserting ``minority-owned small
businesses, women-owned small businesses, and small businesses
affected by hurricanes or other natural disasters''; and
(2) in subsection (j)(6)(B)(iii), by striking ``minority-owned
and women-owned small businesses'' and inserting ``minority-owned
small businesses, women-owned small businesses, and small
businesses affected by hurricanes or other natural disasters''.
TITLE X--TAYLOR FORCE ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Taylor Force Act''.
SEC. 1002. FINDINGS.
Congress makes the following findings:
(1) The Palestinian Authority's practice of paying salaries to
terrorists serving in Israeli prisons, as well as to the families
of deceased terrorists, is an incentive to commit acts of terror.
(2) The United States does not provide direct budgetary support
to the Palestinian Authority. The United States does pay certain
debts held by the Palestinian Authority and funds programs for
which the Palestinian Authority would otherwise be responsible.
(3) The United States Government supports community-based
programs in the West Bank and Gaza that provide for basic human
needs, such as food, water, health, shelter, protection, education,
and livelihoods, and that promote peace and development.
(4) Since fiscal year 2015, annual appropriations legislation
has mandated the reduction of Economic Support Fund aid for the
Palestinian Authority as a result of their payments for acts of
terrorism including, in fiscal year 2017, a reduction ``by an
amount the Secretary determines is equivalent to the amount
expended by the Palestinian Authority, the Palestine Liberation
Organization, and any successor or affiliated organizations with
such entities as payments for acts of terrorism by individuals who
are imprisoned after being fairly tried and convicted for acts of
terrorism and by individuals who died committing acts of terrorism
during the previous calendar year''.
SEC. 1003. SENSE OF CONGRESS.
Congress--
(1) calls on the Palestinian Authority, the Palestine
Liberation Organization, and any successor or affiliated
organizations to stop payments for acts of terrorism by individuals
who are imprisoned after being fairly tried and convicted for acts
of terrorism and by individuals who died committing acts of
terrorism and to repeal the laws authorizing such payments;
(2) calls on all donor countries providing budgetary assistance
to the Palestinian Authority to cease direct budgetary support
until the Palestinian Authority stops all payments incentivizing
terror;
(3) urges the Palestinian Authority to develop programs to
provide essential public services and support to any individual in
need within its jurisdictional control, rather than to provide
payments contingent on perpetrating acts of violence;
(4) urges the United States Permanent Representative to the
United Nations to use the voice, vote, and influence of the United
States at the United Nations to highlight the issue of Palestinian
Authority payments for acts of terrorism and to urge other Member
States to apply pressure upon the Palestinian Authority to
immediately cease such payments; and
(5) urges the Department of State to use its bilateral and
multilateral engagements with all governments and organizations
committed to the cause of peace between Israel and the Palestinians
to highlight the issue of Palestinian Authority payments for acts
of terrorism and to urge such governments and organizations to join
the United States in calling on the Palestinian Authority to
immediately cease such payments.
SEC. 1004. LIMITATION ON ASSISTANCE TO THE WEST BANK AND GAZA.
(a) Limitation.--
(1) In general.--Funds authorized to be appropriated or
otherwise made available for assistance under chapter 4 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.;
relating to Economic Support Fund) and available for assistance for
the West Bank and Gaza that directly benefits the Palestinian
Authority may only be made available for such purpose if, except as
provided in subsection (d), not later than 30 days after the date
of the enactment of this Act, and every 180 days thereafter, the
Secretary of State certifies in writing to the appropriate
congressional committees that the Palestinian Authority, the
Palestine Liberation Organization, and any successor or affiliated
organizations--
(A) are taking credible steps to end acts of violence
against Israeli citizens and United States citizens that are
perpetrated or materially assisted by individuals under their
jurisdictional control, such as the March 2016 attack that
killed former United States Army officer Taylor Force, a
veteran of the wars in Iraq and Afghanistan;
(B) have terminated payments for acts of terrorism against
Israeli citizens and United States citizens to any individual,
after being fairly tried, who has been imprisoned for such acts
of terrorism and to any individual who died committing such
acts of terrorism, including to a family member of such
individuals;
(C) have revoked any law, decree, regulation, or document
authorizing or implementing a system of compensation for
imprisoned individuals that uses the sentence or period of
incarceration of an individual imprisoned for an act of
terrorism to determine the level of compensation paid, or have
taken comparable action that has the effect of invalidating any
such law, decree, regulation, or document; and
(D) are publicly condemning such acts of violence and are
taking steps to investigate or are cooperating in
investigations of such acts to bring the perpetrators to
justice.
(2) Additional certification requirement.--The Secretary of
State shall include in the certification required under paragraph
(1) the definition of ``acts of terrorism'' that the Secretary used
for purposes of making the determination in subparagraph (B) of
such paragraph.
(b) Exception.--
(1) In general.--Subject to paragraph (2), the limitation on
assistance under subsection (a) shall not apply to--
(A) payments made to the East Jerusalem Hospital Network;
(B) assistance for wastewater projects not exceeding
$5,000,000 in any one fiscal year; and
(C) assistance for any other program, project, or activity
that provides vaccinations to children not exceeding $500,000
in any one fiscal year.
(2) Notification.--The Secretary of State shall notify in
writing the appropriate congressional committees not later than 15
days prior to making funds available for assistance under
subparagraph (A), (B), or (C) of paragraph (1).
(c) Rule of Construction.--Funds withheld pursuant to this
section--
(1) shall be deemed to satisfy any similar withholding or
reduction required under any other provision of law relating to the
Palestinian Authority's payments for acts of terrorism; and
(2) shall be in an amount that is not less than the total
amount required by such other provision of law.
(d) Initial Use and Disposition of Withheld Funds.--
(1) Period of availability.--Funds withheld pursuant to this
section are authorized to remain available for an additional 2
years from the date on which the availability of such funds would
otherwise have expired.
(2) Use of funds.--Funds withheld pursuant to this section may
be made available for assistance for the West Bank and Gaza that
directly benefits the Palestinian Authority upon a certification by
the Secretary of State that the Palestinian Authority, the
Palestine Liberation Organization, and any successor or affiliated
organizations have met the conditions set forth in subsection (a).
Except as provided in paragraph (3), such funds may not be made
available for any purpose other than for assistance for the West
Bank and Gaza that directly benefits the Palestinian Authority.
(3) Disposition of unused funds.--Beginning on the date that is
180 days after the last day on which the initial availability of
funds withheld pursuant to this section would otherwise have
expired, such funds are authorized to be made available to the
Department of State for assistance under chapter 4 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.;
relating to Economic Support Fund) in the following manner--
(A) 50 percent for purposes of assistance other than that
deemed benefiting the Palestinian Authority; and
(B) 50 percent for purposes other than assistance for the
West Bank and Gaza.
(e) Report.--
(1) In general.--If the Secretary of State is unable to certify
in writing to the appropriate congressional committees that the
Palestinian Authority, the Palestine Liberation Organization, and
any successor or affiliated organizations have met the conditions
described in subsection (a), the Secretary shall, not later than 15
days after the date on which the Secretary is unable to make such
certification, submit to the appropriate congressional committees a
report that contains the following:
(A) The reasons why the Secretary was unable to certify in
writing that such organizations have met such requirements.
(B) The definition of ``acts of terrorism'' that the
Secretary used for purposes of making the determination in
subparagraph (B) of subsection (a)(1).
(C) The total amount of funds to be withheld.
(2) Form.--The report required by this subsection shall be
submitted in unclassified form but may include a classified annex.
(f) List of Criteria.--
(1) In general.--Not later than 15 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a list of the criteria that
the Secretary uses to determine whether assistance for the West
Bank and Gaza is assistance that directly benefits the Palestinian
Authority for purposes of carrying out this section.
(2) Update.--The Secretary of State shall submit to the
appropriate congressional committees an updated list under
paragraph (1) not later than 15 days after the date on which the
Secretary makes any modification to the list.
SEC. 1005. INITIAL REPORT.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report describing those
programs, projects, and activities funded by the United States
Government that have been or will be suspended by reason of withholding
of funds under section 1004.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
SEC. 1006. ANNUAL REPORT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 6 years, the
Secretary of State shall submit to the appropriate congressional
committees a report including at a minimum the following elements:
(1) An estimate of the amount expended by the Palestinian
Authority, the Palestine Liberation Organization, and any successor
or affiliated organizations during the previous calendar year as
payments for acts of terrorism by individuals who are imprisoned
for such acts.
(2) An estimate of the amount expended by the Palestinian
Authority, the Palestine Liberation Organization, and any successor
or affiliated organizations during the previous calendar year as
payments to the families of deceased individuals who committed an
act of terrorism.
(3) An overview of Palestinian laws, decrees, regulations, or
documents in effect the previous calendar year that authorize or
implement any payments reported under paragraphs (1) and (2).
(4) A description of United States Government policy, efforts,
and engagement with the Palestinian Authority in order to confirm
the revocation of any law, decree, regulation, or document in
effect the previous calendar year that authorizes or implements any
payments reported under paragraphs (1) and (2).
(5) A description of United States Government policy, efforts,
and engagement with other governments, and at the United Nations,
to highlight the issue of Palestinian payments for acts of
terrorism and to urge other nations to join the United States in
calling on the Palestinian Authority to immediately cease such
payments.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
SEC. 1007. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.
TITLE XI--FARM ACT
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Fair Agricultural Reporting Method
Act'' or the ``FARM Act''.
SEC. 1102. EXEMPTIONS FROM CERTAIN NOTICE REQUIREMENTS AND PENALTIES.
Section 103 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9603) is amended by
striking subsection (e) and inserting the following:
``(e) Applicability to Registered Pesticide Products and Air
Emissions From Animal Waste at Farms.--
``(1) In general.--This section shall not apply to--
``(A) the application of a pesticide product registered
under the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.) or the handling and storage of such a
pesticide product by an agricultural producer; or
``(B) air emissions from animal waste (including
decomposing animal waste) at a farm.
``(2) Definitions.--In this subsection:
``(A) Animal waste.--
``(i) In general.--The term `animal waste' means feces,
urine, or other excrement, digestive emission, urea, or
similar substances emitted by animals (including any form
of livestock, poultry, or fish).
``(ii) Inclusions.--The term `animal waste' includes
animal waste that is mixed or commingled with bedding,
compost, feed, soil, or any other material typically found
with such waste.
``(B) Farm.--The term `farm' means a site or area
(including associated structures) that--
``(i) is used for--
``(I) the production of a crop; or
``(II) the raising or selling of animals (including
any form of livestock, poultry, or fish); and
``(ii) under normal conditions, produces during a farm
year any agricultural products with a total value equal to
not less than $1,000.''.
SEC. 1103. APPLICATION.
Nothing in this title or an amendment made by this title affects,
or supersedes or modifies the responsibility or authority of any
Federal official or employee to comply with or enforce, any requirement
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), other than the
hazardous substance notification requirements under section 103 of that
Act (42 U.S.C. 9603) with respect to air emissions from animal waste at
farms.
TITLE XII--TIPPED EMPLOYEES
SEC. 1201. TIPPED EMPLOYEES.
(a) Prohibition on Keeping Tips.--Section 3(m) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)) is amended--
(1) by redesignating paragraphs (1) and (2) as clauses (i) and
(ii), respectively;
(2) by inserting ``(1)'' after ``(m)'';
(3) by striking ``any employee. In determining'' and inserting
the following: ``any employee.
``(2)(A) In determining'';
(4) in clause (ii) of paragraph (2)(A) (as so redesignated), by
striking ``paragraph (1)'' and inserting ``clause (i)''; and
(5) by adding at the end the following:
``(B) An employer may not keep tips received by its employees for
any purposes, including allowing managers or supervisors to keep any
portion of employees' tips, regardless of whether or not the employer
takes a tip credit.''.
(b) Penalties.--Section 16 of the Fair Labor Standards Act of 1938
(29 U.S.C. 216) is amended--
(1) in subsection (b)--
(A) by inserting after the second sentence the following:
``Any employer who violates section 3(m)(2)(B) shall be liable
to the employee or employees affected in the amount of the sum
of any tip credit taken by the employer and all such tips
unlawfully kept by the employer, and in an additional equal
amount as liquidated damages.''; and
(B) by striking ``either of'';
(2) in subsection (c), by adding at the end the following:
``The authority and requirements described in this subsection shall
apply with respect to a violation of section 3(m)(2)(B), as
appropriate, and the employer shall be liable for the amount of the
sum of any tip credit taken by the employer and all such tips
unlawfully kept by the employer, and an additional equal amount as
liquidated damages.''; and
(3) in subsection (e)(2), by adding at the end the following:
``Any person who violates section 3(m)(2)(B) shall be subject to a
civil penalty not to exceed $1,100 for each such violation, as the
Secretary determines appropriate, in addition to being liable to
the employee or employees affected for all tips unlawfully kept,
and an additional equal amount as liquidated damages, as described
in subsection (b).''.
(c) Effect on Regulations.--The portions of the final rule
promulgated by the Department of Labor entitled ``Updating Regulations
Issued Under the Fair Labor Standards Act'' (76 Fed. Reg. 18832 (April
5, 2011)) that revised sections 531.52, 531.54, and 531.59 of title 29,
Code of Federal Regulations (76 Fed. Reg. 18854-18856) and that are not
addressed by section 3(m) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(m)) (as such section was in effect on April 5, 2011), shall
have no further force or effect until any future action taken by the
Administrator of the Wage and Hour Division of the Department of Labor.
TITLE XIII--REVISIONS TO PASS-THROUGH PERIOD AND PAYMENT RULES
SEC. 1301. REVISIONS TO PASS-THROUGH PERIOD AND PAYMENT RULES UNDER
OPPS FOR CERTAIN NEW DRUGS AND BIOLOGICALS.
(a) Revisions to Pass-through Period and Payment Rules.--
(1) In general.--Section 1833(t)(6) of the Social Security Act
(42 U.S.C. 1395l(t)(6)) is amended--
(A) in subparagraph (C)(i), in the matter preceding
subclause (I), by striking ``The payment'' and inserting
``Subject to subparagraph (G), the payment'';
(B) in subparagraph (D)(i), by inserting ``subject to
subparagraph (H),'' before ``in the case''; and
(C) by adding at the end the following new subparagraphs:
``(G) Pass-through extension for certain drugs and
biologicals.--In the case of a drug or biological whose period
of pass-through status under this paragraph ended on December
31, 2017, and for which payment under this subsection was
packaged into a payment for a covered OPD service (or group of
services) furnished beginning January 1, 2018, such pass-
through status shall be extended for a 2-year period beginning
on October 1, 2018.
``(H) Temporary payment rule for certain drugs and
biologicals.--In the case of a drug or biological whose period
of pass-through status under this paragraph ended on December
31, 2017, and for which payment under this subsection was
packaged into a payment for a covered OPD service (or group of
services) furnished beginning January 1, 2018, the payment
amount for such drug or biological under this subsection that
is furnished during the period beginning on October 1, 2018,
and ending on March 31, 2019, shall be the greater of--
``(i) the payment amount that would otherwise apply
under subparagraph (D)(i) for such drug or biological
during such period; or
``(ii) the payment amount that applied under such
subparagraph (D)(i) for such drug or biological on December
31, 2017.
``(I) Special payment adjustment rules for last quarter of
2018.--In the case of a drug or biological whose period of
pass-through status under this paragraph ended on December 31,
2017, and for which payment under this subsection was packaged
into a payment amount for a covered OPD service (or group of
services) beginning January 1, 2018, the following rules shall
apply with respect to payment amounts under this subsection for
covered a OPD service (or group of services) furnished during
the period beginning on October 1, 2018, and ending on December
31, 2018:
``(i) The Secretary shall remove the packaged costs of
such drug or biological (as determined by the Secretary)
from the payment amount under this subsection for the
covered OPD service (or group of services) with which it is
packaged.
``(ii) The Secretary shall not make any adjustments to
payment amounts under this subsection for a covered OPD
service (or group of services) for which no costs were
removed under clause (i).''.
(2) Nonapplication of limit on aggregate annual adjustment for
2018.--Section 1833(t)(6)(E)(i) of the Social Security Act (42
U.S.C. 1395l(t)(6)(E)(i)) is amended by adding at the end the
following new sentence: ``This clause shall not apply for 2018.''.
(3) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement the
amendments made by paragraphs (1) and (2) by program instruction or
otherwise.
(b) GAO Study and Report.--
(1) In general.--The Comptroller General of the United States
(in this subsection referred to as the ``Comptroller General'')
shall conduct a study on the policy for packaging high cost drugs
and biologicals after their pass-through status under subsection
(t)(6) of section 1833 of the Social Security Act (42 U.S.C. 1395l)
has expired under the payment systems for hospital outpatient
department services under section subsection (t) of such section
and for surgical services furnished in an ambulatory surgical
center under subsection (i) of such section. Such study shall
include an analysis of--
(A) the impact of such policy on--
(i) the utilization of such drugs and biologicals;
(ii) the availability of treatment options, including
consultations with physicians and hospitals; and
(iii) to the extent practicable, the health outcomes of
Medicare beneficiaries; and
(B) the impact of the amendments made by subsection (a),
including the impact on price competition and cost-sharing.
(2) Report.--Not later than March 1, 2021, the Comptroller
General shall submit to Congress a report containing the results of
the study conducted under paragraph (1), together with
recommendations for such legislation and administrative action as
the Comptroller General determines appropriate.
DIVISION T--REVENUE PROVISIONS
SEC. 101. MODIFICATION OF DEDUCTION FOR QUALIFIED BUSINESS INCOME OF A
COOPERATIVE AND ITS PATRONS.
(a) Deduction for Qualified Production Activities Income.--
(1) In general.--Subsection (g) of section 199A of the Internal
Revenue Code of 1986 is amended to read as follows:
``(g) Deduction for Income Attributable to Domestic Production
Activities of Specified Agricultural or Horticultural Cooperatives.--
``(1) Allowance of deduction.--
``(A) In general.--In the case of a taxpayer which is a
specified agricultural or horticultural cooperative, there
shall be allowed as a deduction an amount equal to 9 percent of
the lesser of--
``(i) the qualified production activities income of the
taxpayer for the taxable year, or
``(ii) the taxable income of the taxpayer for the
taxable year.
``(B) Limitation.--
``(i) In general.--The deduction allowable under
subparagraph (A) for any taxable year shall not exceed 50
percent of the W-2 wages of the taxpayer for the taxable
year.
``(ii) W-2 wages.--For purposes of this subparagraph,
the W-2 wages of the taxpayer shall be determined in the
same manner as under subsection (b)(4) (without regard to
subparagraph (B) thereof and after application of
subsection (b)(5)), except that such wages shall not
include any amount which is not properly allocable to
domestic production gross receipts for purposes of
paragraph (3)(A).
``(C) Taxable income of cooperatives determined without
regard to certain deductions.--For purposes of this subsection,
the taxable income of a specified agricultural or horticultural
cooperative shall be computed without regard to any deduction
allowable under subsection (b) or (c) of section 1382 (relating
to patronage dividends, per-unit retain allocations, and
nonpatronage distributions).
``(2) Deduction allowed to patrons.--
``(A) In general.--In the case of any eligible taxpayer who
receives a qualified payment from a specified agricultural or
horticultural cooperative, there shall be allowed as a
deduction for the taxable year in which such payment is
received an amount equal to the portion of the deduction
allowed under paragraph (1) to such cooperative which is--
``(i) allowed with respect to the portion of the
qualified production activities income to which such
payment is attributable, and
``(ii) identified by such cooperative in a written
notice mailed to such taxpayer during the payment period
described in section 1382(d).
``(B) Limitation based on taxable income.--The deduction
allowed to any taxpayer under this paragraph shall not exceed
the taxable income of the taxpayer determined without regard to
the deduction allowed under this paragraph and after taking
into account any deduction allowed to the taxpayer under
subsection (a) for the taxable year.
``(C) Cooperative denied deduction for portion of qualified
payments.--The taxable income of a specified agricultural or
horticultural cooperative shall not be reduced under section
1382 by reason of that portion of any qualified payment as does
not exceed the deduction allowable under subparagraph (A) with
respect to such payment.
``(D) Eligible taxpayer.--For purposes of this paragraph,
the term `eligible taxpayer' means--
``(i) a taxpayer other than a corporation, or
``(ii) a specified agricultural or horticultural
cooperative.
``(E) Qualified payment.--For purposes of this section, the
term `qualified payment' means, with respect to any eligible
taxpayer, any amount which--
``(i) is described in paragraph (1) or (3) of section
1385(a),
``(ii) is received by such taxpayer from a specified
agricultural or horticultural cooperative, and
``(iii) is attributable to qualified production
activities income with respect to which a deduction is
allowed to such cooperative under paragraph (1).
``(3) Qualified production activities income.--For purposes of
this subsection--
``(A) In general.--The term `qualified production
activities income' for any taxable year means an amount equal
to the excess (if any) of--
``(i) the taxpayer's domestic production gross receipts
for such taxable year, over
``(ii) the sum of--
``(I) the cost of goods sold that are allocable to
such receipts, and
``(II) other expenses, losses, or deductions (other
than the deduction allowed under this subsection),
which are properly allocable to such receipts.
``(B) Allocation method.--The Secretary shall prescribe
rules for the proper allocation of items described in
subparagraph (A) for purposes of determining qualified
production activities income. Such rules shall provide for the
proper allocation of items whether or not such items are
directly allocable to domestic production gross receipts.
``(C) Special rules for determining costs.--
``(i) In general.--For purposes of determining costs
under subclause (I) of subparagraph (A)(ii), any item or
service brought into the United States shall be treated as
acquired by purchase, and its cost shall be treated as not
less than its value immediately after it entered the United
States. A similar rule shall apply in determining the
adjusted basis of leased or rented property where the lease
or rental gives rise to domestic production gross receipts.
``(ii) Exports for further manufacture.--In the case of
any property described in clause (i) that had been exported
by the taxpayer for further manufacture, the increase in
cost or adjusted basis under clause (i) shall not exceed
the difference between the value of the property when
exported and the value of the property when brought back
into the United States after the further manufacture.
``(D) Domestic production gross receipts.--
``(i) In general.--The term `domestic production gross
receipts' means the gross receipts of the taxpayer which
are derived from any lease, rental, license, sale,
exchange, or other disposition of any agricultural or
horticultural product which was manufactured, produced,
grown, or extracted by the taxpayer (determined after the
application of paragraph (4)(B)) in whole or significant
part within the United States. Such term shall not include
gross receipts of the taxpayer which are derived from the
lease, rental, license, sale, exchange, or other
disposition of land.
``(ii) Related persons.--
``(I) In general.--The term `domestic production
gross receipts' shall not include any gross receipts of
the taxpayer derived from property leased, licensed, or
rented by the taxpayer for use by any related person.
``(II) Related person.--For purposes of subclause
(I), a person shall be treated as related to another
person if such persons are treated as a single employer
under subsection (a) or (b) of section 52 or subsection
(m) or (o) of section 414, except that determinations
under subsections (a) and (b) of section 52 shall be
made without regard to section 1563(b).
``(4) Specified agricultural or horticultural cooperative.--For
purposes of this section--
``(A) In general.--The term `specified agricultural or
horticultural cooperative' means an organization to which part
I of subchapter T applies which is engaged--
``(i) in the manufacturing, production, growth, or
extraction in whole or significant part of any agricultural
or horticultural product, or
``(ii) in the marketing of agricultural or
horticultural products.
``(B) Application to marketing cooperatives.--A specified
agricultural or horticultural cooperative described in
subparagraph (A)(ii) shall be treated as having manufactured,
produced, grown, or extracted in whole or significant part any
agricultural or horticultural product marketed by the specified
agricultural or horticultural cooperative which its patrons
have so manufactured, produced, grown, or extracted.
``(5) Definitions and special rules.--
``(A) Special rule for affiliated groups.--
``(i) In general.--All members of an expanded
affiliated group shall be treated as a single corporation
for purposes of this subsection.
``(ii) Partnerships owned by expanded affiliated
groups.--For purposes of paragraph (3)(D), if all of the
interests in the capital and profits of a partnership are
owned by members of a single expanded affiliated group at
all times during the taxable year of such partnership, the
partnership and all members of such group shall be treated
as a single taxpayer during such period.
``(iii) Expanded affiliated group.--For purposes of
this subsection, the term `expanded affiliated group' means
an affiliated group as defined in section 1504(a),
determined--
``(I) by substituting `more than 50 percent' for
`at least 80 percent' each place it appears, and
``(II) without regard to paragraphs (2) and (4) of
section 1504(b).
``(iv) Allocation of deduction.--Except as provided in
regulations, the deduction under paragraph (1) shall be
allocated among the members of the expanded affiliated
group in proportion to each member's respective amount (if
any) of qualified production activities income.
``(B) Special rule for cooperative partners.--In the case
of a specified agricultural or horticultural cooperative which
is a partner in a partnership, rules similar to the rules of
subsection (f)(1) shall apply for purposes of this subsection.
``(C) Trade or business requirement.--This subsection shall
be applied by only taking into account items which are
attributable to the actual conduct of a trade or business.
``(D) Unrelated business taxable income.--For purposes of
determining the tax imposed by section 511, this section shall
be applied by substituting `unrelated business taxable income'
for `taxable income' each place it appears in this section
(other than this subparagraph).
``(E) Special rule for cooperative with oil related
qualified production activities income.--
``(i) In general.--If a specified agricultural or
horticultural cooperative has oil related qualified
production activities income for any taxable year, the
amount otherwise allowable as a deduction under paragraph
(1) shall be reduced by 3 percent of the least of--
``(I) the oil related qualified production
activities income of the cooperative for the taxable
year,
``(II) the qualified production activities income
of the cooperative for the taxable year, or
``(III) taxable income.
``(ii) Oil related qualified production activities
income.--For purposes of this subparagraph, the term `oil
related qualified production activities income' means for
any taxable year the qualified production activities income
which is attributable to the production, refining,
processing, transportation, or distribution of oil, gas, or
any primary product thereof (within the meaning of section
927(a)(2)(C), as in effect before its repeal) during such
taxable year.
``(6) Regulations.--The Secretary shall prescribe such
regulations as are necessary to carry out the purposes of this
subsection, including regulations which prevent more than 1
taxpayer from being allowed a deduction under this subsection with
respect to any activity described in paragraph (3)(D)(i). Such
regulations shall be based on the regulations applicable to
cooperatives and their patrons under section 199 (as in effect
before its repeal).''.
(2) Conforming amendments.--
(A) Sections 63(b)(3), 63(d)(3), 199A(e)(1), and
6662(d)(1)(C) of such Code are each amended by striking ``the
deduction'' and inserting ``any deduction''.
(B) The last sentence of section 62(a) of such Code and
section 172(d)(8) of such Code are each amended by striking
``The deduction'' and inserting ``Any deduction''.
(C) Section 199A(e)(1) of such Code is amended by striking
``Taxable income'' and inserting ``Except as otherwise provided
in subsection (g)(2)(B), taxable income''.
(D) Section 613(a) of such Code is amended by striking
``the deduction under section 199A'' and inserting ``any
deduction under section 199A''.
(b) Modifications Related to Payments From Cooperatives.--
(1) Repeal of special deduction for qualified cooperative
dividends.--Subsection (a) of section 199A of such Code is amended
to read as follows:
``(a) Allowance of Deduction.--In the case of a taxpayer other than
a corporation, there shall be allowed as a deduction for any taxable
year an amount equal to the lesser of--
``(1) the combined qualified business income amount of the
taxpayer, or
``(2) an amount equal to 20 percent of the excess (if any) of--
``(A) the taxable income of the taxpayer for the taxable
year, over
``(B) the net capital gain (as defined in section 1(h)) of
the taxpayer for such taxable year.''.
(2) Repeal of rule excluding qualified cooperative dividends
from qualified business income.--
(A) In general.--Section 199A(c)(1) of such Code is amended
by striking ``, qualified cooperative dividends,''.
(B) Conforming amendments.--
(i) Section 199A(c)(3)(B) of such Code is amended--
(I) by striking ``investment'' in the matter
preceding clause (i), and
(II) by adding at the end of clause (ii) the
following: ``Any amount described in section 1385(a)(1)
shall not be treated as described in this clause.''.
(ii) Section 199A(e) of such Code is amended by
striking paragraph (4) and by redesignating paragraph (5)
as paragraph (4).
(3) Reduction of qualified business income with respect to
income received from cooperatives.--Section 199A(b) of such Code is
amended by adding at the end the following new paragraph:
``(7) Special rule with respect to income received from
cooperatives.--In the case of any qualified trade or business of a
patron of a specified agricultural or horticultural cooperative,
the amount determined under paragraph (2) with respect to such
trade or business shall be reduced by the lesser of--
``(A) 9 percent of so much of the qualified business income
with respect to such trade or business as is properly allocable
to qualified payments received from such cooperative, or
``(B) 50 percent of so much of the W-2 wages with respect
to such trade or business as are so allocable.''.
(c) Application of Section 199 to Certain Qualified Payments Paid
After 2017.--Subsection (c) of section 13305 of Public Law 115-97 is
amended to read as follows:
``(c) Effective Dates.--
``(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2017.
``(2) Transition rule for qualified payments of patrons of
cooperatives.--
``(A) In general.--The amendments made by this section
shall not apply to a qualified payment received by a taxpayer
from a specified agricultural or horticultural cooperative in a
taxable year of the taxpayer beginning after December 31, 2017,
which is attributable to qualified production activities income
with respect to which a deduction is allowable to the
cooperative under section 199 of the Internal Revenue Code of
1986 (as in effect before the amendments made by this section)
for a taxable year of the cooperative beginning before January
1, 2018. Any term used in this subparagraph which is also used
in section 199 of such Code (as so in effect) shall have the
same meaning as when used in such section.
``(B) Coordination with section 199a.--No deduction shall
be allowed under section 199A of such Code for any qualified
payment to which subparagraph (A) applies.''.
(d) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall take effect
as if included in section 11011 of Public Law 115-97.
(2) Application of section 199 to certain qualified payments
paid after 2017.--The amendment made by subsection (c) shall take
effect as if included in section 13305 of Public Law 115-97.
SEC. 102. INCREASE IN STATE HOUSING CREDIT CEILING FOR , 2019, 2020,
2021.
(a) In General.--Section 42(h)(3)(I) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(I) Increase in state housing credit ceiling for 2018,
2019, 2020, and 2021.--In the case of calendar years 2018,
2019, 2020, and 2021, each of the dollar amounts in effect
under clauses (I) and (II) of subparagraph (C)(ii) for any
calendar year (after any increase under subparagraph (H)) shall
be increased by multiplying such dollar amount by 1.125.''.
(b) Effective Date.--The amendment made by this section shall apply
to calendar years beginning after December 31, 2017.
SEC. 103. AVERAGE INCOME TEST FOR LOW-INCOME HOUSING CREDIT.
(a) In General.--Paragraph (1) of section 42(g) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``subparagraph (A) or (B)'' and inserting
``subparagraph (A), (B), or (C)'', and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Average income test.--
``(i) In general.--The project meets the minimum
requirements of this subparagraph if 40 percent or more (25
percent or more in the case of a project described in
section 142(d)(6)) of the residential units in such project
are both rent-restricted and occupied by individuals whose
income does not exceed the imputed income limitation
designated by the taxpayer with respect to the respective
unit.
``(ii) Special rules relating to income limitation.--
For purposes of clause (i)--
``(I) Designation.--The taxpayer shall designate
the imputed income limitation of each unit taken into
account under such clause.
``(II) Average test.--The average of the imputed
income limitations designated under subclause (I) shall
not exceed 60 percent of area median gross income.
``(III) 10-percent increments.--The designated
imputed income limitation of any unit under subclause
(I) shall be 20 percent, 30 percent, 40 percent, 50
percent, 60 percent, 70 percent, or 80 percent of area
median gross income.''.
(b) Rules Relating to Next Available Unit.--Subparagraph (D) of
section 42(g)(2) of the Internal Revenue Code of 1986 is amended--
(1) in clause (i), by striking ``clause (ii)'' and inserting
``clauses (ii), (iii), and (iv)'',
(2) in clause (ii)--
(A) by striking ``If'' and inserting ``In the case of a
project with respect to which the taxpayer elects the
requirements of subparagraph (A) or (B) of paragraph (1), if'',
(B) by striking the second sentence, and
(C) by striking ``Next available unit must be rented to
low-income tenant if income rises above 140 percent of income
limit'' in the heading and inserting ``Rental of next available
unit in case of 20-50 or 40-60 test'', and
(3) by adding at the end the following new clauses:
``(iii) Rental of next available unit in case of
average income test.--In the case of a project with respect
to which the taxpayer elects the requirements of
subparagraph (C) of paragraph (1), if the income of the
occupants of the unit increases above 140 percent of the
greater of--
``(I) 60 percent of area median gross income, or
``(II) the imputed income limitation designated
with respect to the unit under paragraph (1)(C)(ii)(I),
clause (i) shall cease to apply to any such unit if any
residential rental unit in the building (of a size
comparable to, or smaller than, such unit) is occupied by a
new resident whose income exceeds the limitation described
in clause (v).
``(iv) Deep rent skewed projects.--In the case of a
project described in section 142(d)(4)(B), clause (ii) or
(iii), whichever is applicable, shall be applied by
substituting `170 percent' for `140 percent', and--
``(I) in the case of clause (ii), by substituting
`any low-income unit in the building is occupied by a
new resident whose income exceeds 40 percent of area
median gross income' for `any residential rental unit'
and all that follows in such clause, and
``(II) in the case of clause (iii), by substituting
`any low-income unit in the building is occupied by a
new resident whose income exceeds the lesser of 40
percent of area median gross income or the imputed
income limitation designated with respect to such unit
under paragraph (1)(C)(ii)(I)' for `any residential
rental unit' and all that follows in such clause.
``(v) Limitation described.--For purposes of clause
(iii), the limitation described in this clause with respect
to any unit is--
``(I) the imputed income limitation designated with
respect to such unit under paragraph (1)(C)(ii)(I), in
the case of a unit which was taken into account as a
low-income unit prior to becoming vacant, and
``(II) the imputed income limitation which would
have to be designated with respect to such unit under
such paragraph in order for the project to continue to
meet the requirements of paragraph (1)(C)(ii)(II), in
the case of any other unit.''.
(c) Effective Date.--The amendments made by this section shall
apply to elections made under section 42(g)(1) of the Internal Revenue
Code of 1986 after the date of the enactment of this Act.
DIVISION U--TAX TECHNICAL CORRECTIONS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC.
(a) Short Title.--This division may be cited as the ``Tax Technical
Corrections Act of 2018''.
(b) Amendment of Internal Revenue Code of 1986.--Except as
otherwise expressly provided, whenever in this division an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Internal Revenue Code of
1986.
(c) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents; etc.
TITLE I--TAX TECHNICAL CORRECTIONS
Sec. 101. Amendments relating to Protecting Americans from Tax Hikes Act
of 2015.
Sec. 102. Amendment relating to Consolidated Appropriations Act, 2016.
Sec. 103. Amendments relating to Fixing America's Surface Transportation
Act.
Sec. 104. Amendments relating to Surface Transportation and Veterans
Health Care Choice Improvement Act of 2015.
Sec. 105. Amendments relating to Stephen Beck, Jr., ABLE Act of 2014.
Sec. 106. Amendment relating to American Taxpayer Relief Act of 2012.
Sec. 107. Amendment relating to United States-Korea Free Trade Agreement
Implementation Act.
Sec. 108. Amendment relating to SAFETEA-LU.
Sec. 109. Amendments relating to the American Jobs Creation Act of 2004.
TITLE II--TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT RULES
Sec. 201. Scope of adjustments subject to partnership audit rules.
Sec. 202. Determination of imputed underpayments.
Sec. 203. Alternative procedure to filing amended returns for purposes
of modifying imputed underpayment.
Sec. 204. Treatment of passthrough partners in tiered structures.
Sec. 205. Treatment of failure of partnership to pay imputed
underpayment.
Sec. 206. Other technical corrections related to partnership audit
rules.
Sec. 207. Effective date.
TITLE III--OTHER CORRECTIONS
Sec. 301. Amendments relating to the Bipartisan Budget Act of 2015.
Sec. 302. Amendments relating to the Energy Policy Act of 2005.
TITLE IV--CLERICAL CORRECTIONS AND DEADWOOD
Sec. 401. Clerical corrections and deadwood-related provisions.
TITLE I--TAX TECHNICAL CORRECTIONS
SEC. 101. AMENDMENTS RELATING TO PROTECTING AMERICANS FROM TAX HIKES
ACT OF 2015.
(a) Amendment Relating to Section 103.--
(1) Section 32(b)(2) is amended--
(A) by striking clauses (ii) and (iii) of subparagraph (B),
and
(B) by striking so much of subparagraph (B) as precedes
``In the case of a joint return'' and inserting the following:
``(B) Joint returns.--''.
(2) Section 32(j)(1) is amended--
(A) in the matter preceding subparagraph (A) by striking
``after 1996'' and inserting ``after 2015'',
(B) in subparagraph (B) by inserting ``by substituting in
subparagraph (A)(ii) thereof'' after ``, determined'' ,
(C) in subparagraph (B)(i) by striking ``by substituting''
and ``in subparagraph (A)(ii) thereof'',
(D) in subparagraph (B)(ii)--
(i) by striking ``by substituting'' and ``in
subparagraph (A)(ii) of such section 1'',
(ii) by striking ``$3,000'' and inserting ``$5,000'',
(iii) by striking ``(b)(2)(B)(iii)'' and inserting
``(b)(2)(B)'', and
(iv) by striking ``2007'' and inserting ``2008''.
(b) Amendment Relating to Section 105.--Section 132(f)(6)(A) is
amended by striking the second sentence.
(c) Amendments Relating to Section 121.--Section 41(c) is amended--
(1) by striking paragraph (4),
(2) by redesignating paragraphs (5), (6), and (7) as paragraphs
(4), (5), and (6), respectively, and
(3) by striking the last sentence of paragraph (4)(C) (as so
redesignated).
(d) Amendments Relating to Section 143.--
(1) Section 168(k)(2)(B)(i)(III) is amended by inserting
``binding'' before ``contract''.
(2) Section 168(k)(5)(B)(ii) is amended--
(A) by inserting ``crop or'' after ``more than one'', and
(B) by inserting ``a marketable crop or yield of'' after
``begins bearing''.
(3) For purposes of applying section 168(k) of the Internal
Revenue Code of 1986, as in effect on the day before the date of
the enactment of Public Law 115-97, with respect to property
acquired before September 28, 2017, paragraph (6) thereof shall be
treated as reading as follows (and as having been included in
section 143 of the Protecting Americans from Tax Hikes Act of
2015):
``(6) Phase-down.--In the case of qualified property placed in
service by the taxpayer after December 31, 2017 (December 31, 2018,
in the case of property described in subparagraph (B) or (C) of
paragraph (2)), paragraph (1)(A) shall be applied by substituting
for `50 percent'--
``(A) `40 percent' in the case of--
``(i) property placed in service in 2018 (other than
property described in subparagraph (B) or (C) of paragraph
(2)), and
``(ii) property described in subparagraph (B) or (C) of
paragraph (2) which is placed in service in 2019, and
``(B) `30 percent' in the case of--
``(i) property placed in service in 2019 (other than
property described in subparagraph (B) or (C) of paragraph
(2)), and
``(ii) property described in subparagraph (B) or (C) of
paragraph (2) which is placed in service in 2020.''.
(4) Section 168(k)(7) of the Internal Revenue Code of 1986, as
in effect on the day before the date of the enactment of Public Law
115-97, shall be applied--
(A) by substituting ``paragraphs (1), (2)(F), and (4)'' for
``paragraphs (1) and (2)(F)'', and
(B) as if the application of such substitution had been
included in section 143 of the Protecting Americans from Tax
Hikes Act of 2015.
(e) Amendments Relating to Section 167.--
(1) Section 168(j)(3) is amended by striking ``property to
which paragraph (1) applies'' and inserting ``qualified Indian
reservation property''.
(2) Section 168(j)(8) is amended by striking ``this
subsection'' and inserting ``paragraph (1)''.
(f) Amendments Relating to Section 202.--
(1) Section 6722(c)(3)(A) is amended--
(A) by striking ``any information return'' in clause (iii)
and inserting ``the payee statement'', and
(B) by striking ``filed'' in the flush matter at the end
and inserting ``furnished''.
(2) Section 6721(c)(3)(A) is amended by striking ``any
information return'' and inserting ``the information return''.
(3) Section 202(e) of the Protecting Americans from Tax Hikes
Act of 2015 is amended by striking ``provided'' and inserting
``furnished''.
(g) Amendments Relating to Section 203.--
(1) Section 6109(i)(1)(A)(i) is amended by striking
``community-based certified acceptance agent'' and inserting
``community-based certifying acceptance agent''.
(2) Section 6109(i)(1)(B) is amended by striking ``Internal
Revenue Service'' and inserting ``Internal Revenue Service, a
community-based certifying acceptance agent approved by the
Secretary,''.
(3) Section 6109(i)(3) is amended--
(A) in subparagraph (A)--
(i) by inserting ``ending after the issuance of such
number'' before the period at the end of the first
sentence, and
(ii) by striking ``on the last day of such third
consecutive taxable year'' and inserting ``on the day after
the due date for the return of tax for such third
consecutive taxable year'', and
(B) by striking subparagraph (B)(ii) and inserting the
following:
``(ii) if the individual does not file a return of tax
(or is not included as a dependent on the return of tax of
another taxpayer) for 3 consecutive taxable years at least
one of which ends after December 18, 2015, the due date for
the return of tax for such third consecutive taxable
year.''.
(4) Section 203(c) of the Protecting Americans from Tax Hikes
Act of 2015 is amended--
(A) by striking ``section 6109(i)(1)(A)(i)'' and inserting
``section 6109(i)(1)'',
(B) by striking ``community-based certified acceptance
agents'' and inserting ``community-based certifying acceptance
agents'', and
(C) by striking ``Certified'' in the heading thereof and
inserting ``Certifying''.
(5) Section 203(f) of the Protecting Americans from Tax Hikes
Act of 2015 is amended by striking ``The amendments'' and inserting
``Except to the extent provided in section 6109(i)(3) of the
Internal Revenue Code of 1986, the amendments''.
(h) Amendments Relating to Section 204.--Section 204(b) of the
Protecting Americans from Tax Hikes Act of 2015 is amended--
(1) by striking paragraph (2), and
(2) by striking so much as precedes ``amendment made by this
section'' and inserting the following: ``(b) Effective Date.--
The''.
(i) Amendments Relating to Section 205.--
(1) Section 24(e)(2) is amended by striking ``identifying
number'' and inserting ``taxpayer identification number''.
(2) Section 205(c) of the Protecting Americans from Tax Hikes
Act of 2015 is amended--
(A) by striking paragraph (2), and
(B) by striking so much as precedes ``shall apply to any
return of tax'' and inserting the following: ``(c) Effective
Date.--The amendments made by this section''.
(j) Amendments Relating to Section 206.--Section 206(b) of the
Protecting Americans from Tax Hikes Act of 2015 is amended--
(1) by striking ``Except as provided in paragraph (2), the
amendment'' in paragraph (1) and inserting ``The amendment'', and
(2) by striking paragraph (2) and redesignating paragraph (3)
as paragraph (2).
(k) Amendment Relating to Section 209.--Section 209(d)(2) of the
Protecting Americans from Tax Hikes Act of 2015 is amended by striking
``amendment made by subsection (b)'' and inserting ``amendments made by
subsections (b) and (c)''.
(l) Amendments Related to Sections 102, 206, 207, 208, and 211.--
(1) Section 25A(b)(1) is amended--
(A) in subparagraph (A) by striking ``$1,000'' and
inserting ``$2,000'', and
(B) in subparagraph (B)--
(i) by striking ``50 percent'' and inserting ``25
percent'',
(ii) by striking ``$1,000'' and inserting ``$2,000'',
and
(iii) by striking ``the applicable limit'' and
inserting ``$4,000''.
(2) Subparagraphs (A) and (C) of section 25A(b)(2) are amended
by striking ``2'' in the heading and text of each subparagraph and
inserting ``4''.
(3) Section 25A(b)(4) is amended to read as follows:
``(4) Restrictions on taxpayers who improperly claimed american
opportunity tax credit in prior years.--
``(A) Taxpayers making prior fraudulent or reckless
claims.--
``(i) In general.--No American Opportunity Tax Credit
shall be allowed under this section for any taxable year in
the disallowance period.
``(ii) Disallowance period.--For purposes of
subparagraph (A), the disallowance period is--
``(I) the period of 10 taxable years after the most
recent taxable year for which there was a final
determination that the taxpayer's claim of the American
Opportunity Tax Credit under this section was due to
fraud, and
``(II) the period of 2 taxable years after the most
recent taxable year for which there was a final
determination that the taxpayer's claim of the American
Opportunity Tax Credit under this section was due to
reckless or intentional disregard of rules and
regulations (but not due to fraud).
``(B) Taxpayers making improper prior claims.--In the case
of a taxpayer who is denied the American Opportunity Tax Credit
under this section for any taxable year as a result of the
deficiency procedures under subchapter B of chapter 63, no
American Opportunity Tax Credit shall be allowed under this
section for any subsequent taxable year unless the taxpayer
provides such information as the Secretary may require to
demonstrate eligibility for such credit.''.
(4) Section 25A(d) is amended to read as follows:
``(d) Limitations Based on Modified Adjusted Gross Income.--
``(1) American opportunity tax credit.--The American
Opportunity Tax Credit (determined without regard to this
paragraph) shall be reduced (but not below zero) by the amount
which bears the same ratio to such credit (as so determined) as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted gross income for
such taxable year, over
``(ii) $80,000 ($160,000 in the case of a joint
return), bears to
``(B) $10,000 ($20,000 in the case of a joint return).
``(2) Lifetime learning credit.--The Lifetime Learning Credit
(determined without regard to this paragraph) shall be reduced (but
not below zero) by the amount which bears the same ratio to such
credit (as so determined) as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted gross income for
such taxable year, over
``(ii) $40,000 ($80,000 in the case of a joint return),
bears to
``(B) $10,000 ($20,000 in the case of a joint return).
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means the
adjusted gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income under section
911, 931, or 933.''.
(5) Section 25A(f)(1) is amended by adding at the end the
following new subparagraph:
``(D) Required course materials taken into account for
american opportunity tax credit.--For purposes of determining
the American Opportunity Tax Credit, subparagraph (A) shall be
applied by substituting `tuition, fees, and course materials'
for `tuition and fees'.''.
(6) Section 25A(g)(1) is amended--
(A) by striking ``No credit'' and inserting the following:
``(A) In general.--No credit'', and
(B) by adding at the end the following new subparagraph:
``(B) Additional identification requirements with respect
to american opportunity tax credit.--
``(i) Student.--The requirements of subparagraph (A)
shall not be treated as met with respect to the American
Opportunity Tax Credit unless the individual's taxpayer
identification number was issued on or before the due date
for filing the return of tax for the taxable year.
``(ii) Taxpayer.--No American Opportunity Tax Credit
shall be allowed under this section if the taxpayer
identification number of the taxpayer was issued after the
due date for filing the return for the taxable year.
``(iii) Institution.--No American Opportunity Tax
Credit shall be allowed under this section unless the
taxpayer includes the employer identification number of any
institution to which qualified tuition and related expenses
were paid with respect to the individual.''.
(7) Section 25A(h) is amended to read as follows:
``(h) Inflation Adjustment.--
``(1) In general.--In the case of a taxable year beginning
after 2001, the $40,000 and $80,000 amounts in subsection (d)(2)
shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2000' for
`calendar year 2016' in subparagraph (A)(ii) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph (1)
is not a multiple of $1,000, such amount shall be rounded to the
next lowest multiple of $1,000.''.
(8) Section 25A(i) is amended to read as follows:
``(i) Portion of American Opportunity Tax Credit Made Refundable.--
Forty percent of so much of the credit allowed under subsection (a) as
is attributable to the American Opportunity Tax Credit (determined
after application of subsection (d) and without regard to this
paragraph and section 26(a)) shall be treated as a credit allowable
under subpart C (and not allowed under subsection (a)). The preceding
sentence shall not apply to any taxpayer for any taxable year if such
taxpayer is a child to whom subsection (g) of section 1 applies for
such taxable year.''.
(9) The heading of section 25A is amended by striking
``<SUP>hope</SUP>'' and inserting ``<SUP>american</SUP>
opportunity</SUP>''.
(10) The item relating to section 25A in the table of contents
for subpart A of part IV of subchapter A of chapter 1 is amended to
read as follows:
``Sec. 25A. American Opportunity and Lifetime Learning credits.''.
(11) The heading of section 25A(b) is amended by striking
``Hope Scholarship Credit'' and inserting ``American Opportunity
Tax Credit''.
(12) The heading of section 25A(b)(2) is amended by striking
``hope scholarship credit'' and inserting ``american opportunity
tax credit''.
(13) The heading of section 25A(c)(2)(A) is amended by striking
``hope scholarship'' and inserting ``american opportunity tax
credit''.
(14) Section 25A, as amended by the preceding provisions of
this Act, is amended by striking ``Hope Scholarship Credit'' each
place it appears in the text and inserting ``American Opportunity
Tax Credit''.
(15) The heading of section 529(c)(3)(B)(v) is amended by
striking ``hope'' and inserting ``american opportunity''.
(16) The heading of section 530(d)(2)(C) is amended by striking
``hope'' and inserting ``american opportunity''.
(17) Section 6211(b)(4)(A), as amended by this Act, is amended
by striking ``subsection (i)(5)'' and inserting ``subsection (i)''.
(18) Section 6213(g)(2)(Q) is amended to read as follows:
``(Q) an omission of information required by section
25A(b)(4)(B) or an entry on the return claiming the American
Opportunity Tax Credit for a taxable year for which such credit
is disallowed under section 25A(b)(4)(A).''.
(19) Section 207(b)(1) of the Protecting Americans from Tax
Hikes Act of 2015 is amended by striking ``the American opportunity
tax credit under section 25A(i) of such Code'' and inserting ``the
American Opportunity Tax Credit under section 25A of such Code''.
(m) Amendment Relating to Section 311.--
(1) The last sentence of section 355(h)(2)(B) is amended by
striking ``80 percent'' both places it appears and inserting ``at
least 80 percent''.
(2) Section 355(h)(2) is amended--
(A) by striking ``spinoffs'' in the heading of such
paragraph and inserting ``distributions'', and
(B) by striking ``Spinoffs'' in the headings of
subparagraphs (A) and (B) and inserting ``Distributions''.
(n) Amendment Relating to Section 318.--
(1) Section 856(c)(9)(A) is amended--
(A) by striking ``Personal property'' and inserting the
following:
``(i) In general.--Personal property'', and
(B) by adding at the end the following new clause:
``(ii) Treatment of gain on disposition.--If--
``(I) personal property is leased under, or in
connection with, a lease of real property, for a period
of not less than 1 year, and rents attributable to such
personal property are treated as rents from real
property under subsection (d)(1)(C),
``(II) any portion of such personal property and
any portion of such real property are sold, or
otherwise disposed of, in a single disposition (or
contemporaneously in separate dispositions), and
``(III) the fair market value of the personal
property so sold or contemporaneously disposed of
(determined at the time of disposition) does not exceed
15 percent of the total fair market value of all of the
personal and real property so sold or contemporaneously
disposed of (determined at the time of disposition),
any gain from such dispositions shall be treated for
purposes of paragraphs (2)(H) and (3)(H) as gain from the
disposition of a real estate asset.''.
(2) Section 856(c)(9)(B) is amended to read as follows:
``(B) Certain personal property mortgaged in connection
with real property.--
``(i) In general.--In the case of an obligation secured
by a mortgage on both real property and personal property,
if the fair market value of such personal property does not
exceed 15 percent of the total fair market value of all
such property, such obligation shall be treated--
``(I) for purposes of paragraph (3)(B), as an
obligation described therein,
``(II) for purposes of paragraph (4)(A), as a real
estate asset, and
``(III) for purposes of paragraphs (2)(D) and
(3)(C), as a mortgage on real property.
``(ii) Determination of fair market value.--
``(I) In general.--Except as provided in subclause
(II), the fair market value of all such property shall
be determined for purposes of clause (i) in the same
manner as the fair market value of real property is
determined for purposes of apportioning interest income
between real property and personal property under
paragraph (3)(B).
``(II) Gain on disposition.--For purposes of
applying clause (i)(III), fair market value shall be
determined at the time of sale or other disposition.''.
(o) Amendment Related to Section 302(b).--Section 529A(c)(1) is
amended by striking subparagraph (D).
(p) Amendments Relating to Section 322.--
(1) Section 897(k)(2) is amended--
(A) by striking so much of subparagraph (B) as precedes
``amounts realized by the qualified shareholder'' and inserting
the following:
``(B) Exception.--In the case of a qualified shareholder
with one or more applicable investors--
``(i) subparagraph (A)(i) shall not apply to the
applicable percentage of the stock of the real estate
investment trust held by the qualified shareholder, and
``(ii) the applicable percentage of the'', and
(B) by adding at the end the following new subparagraph:
``(F) Applicable percentage.--For purposes of subparagraph
(B), the term `applicable percentage' means the percentage of
the value of the interests (other than interests held solely as
a creditor) in the qualified shareholder held by applicable
investors.''.
(2) Section 897(k)(2)(D) is amended by striking ``paragraph''
and inserting ``subsection''.
(3) Section 897(k)(2)(E) is amended by striking ``and (C) and
paragraph (4)'' and inserting ``and (D)''.
(4) Section 897(k)(3)(B)(i) is amended by striking so much as
precedes ``for a reduced rate of withholding'' and inserting the
following:
``(i) which--
``(I) is eligible for benefits under the
comprehensive income tax treaty described in
subparagraph (A)(i)(I), but only if the dividends
article of such treaty imposes conditions on the
benefits allowable in the case of dividends paid by a
real estate investment trust, and
``(II) is eligible under such treaty''.
(5) Section 897(k)(3)(B)(ii) is amended--
(A) by adding ``and'' at the end of subclause (II), and
(B) by striking ``United States corporation'' in subclause
(III) and inserting ``domestic corporation''.
(6) Section 322 of the Protecting Americans from Tax Hikes Act
of 2015 is amended by striking subsections (b)(2) and (c)(3), and
the Internal Revenue Code of 1986 shall be applied as if such
subsections, and amendments made thereby, had never been enacted.
(7) Section 322(c)(2) of such Act is amended by striking ``take
effect on'' and inserting the following: ``apply with respect to
testing periods (as defined in section 897(h)(4)(D) of the Internal
Revenue Code of 1986) ending on or after''.
(q) Amendments Related to Section 323.--
(1) So much of subsection (l) of section 897 as precedes
paragraph (2) thereof is amended to read as follows:
``(l) Exception for Qualified Foreign Pension Funds.--
``(1) In general.--For purposes of this section, a qualified
foreign pension fund shall not be treated as a nonresident alien
individual or a foreign corporation. For purposes of the preceding
sentence, an entity all the interests of which are held by a
qualified foreign pension fund shall be treated as such a fund.''.
(2) Subparagraph (B) of section 897(l)(2) is amended to read as
follows:
``(B) which is established--
``(i) by such country (or one or more political
subdivisions thereof) to provide retirement or pension
benefits to participants or beneficiaries that are current
or former employees (including self-employed individuals)
or persons designated by such employees, as a result of
services rendered by such employees to their employers, or
``(ii) by one or more employers to provide retirement
or pension benefits to participants or beneficiaries that
are current or former employees (including self-employed
individuals) or persons designated by such employees in
consideration for services rendered by such employees to
such employers,''.
(3) Section 897(l)(2)(D) is amended by striking ``provides
annual information reporting about its beneficiaries to the
relevant tax authorities'' and inserting ``with respect to which
annual information about its beneficiaries is provided, or is
otherwise available, to the relevant tax authorities''.
(4) Section 897(l)(2)(E) is amended--
(A) by striking ``such entity'' in clause (i) and inserting
``such entity or arrangement'', and
(B) by striking ``or such income is taxed at a reduced
rate'' in clause (ii) and inserting ``, or such income is
excluded from the gross income of such entity or arrangement or
is taxed at a reduced rate''.
(r) Amendments Relating to Section 333.--
(1) Section 831(b)(2)(B)(i)(II) is amended by striking
``specified assets'' and inserting ``relevant specified assets''
(2) Section 831(b)(2)(B) is amended by redesignating clause
(ii) as clause (iv) and by inserting after clause (i) the following
new clauses:
``(ii) Aggregation of certain spousal interests.--For
purposes of clause (i)(II), any interest in the insurance
company referred to in such clause which is held (directly
or indirectly) by an individual who is a spouse of the
specified holder, and who is a citizen of the United
States, shall be treated as held by the specified holder.
``(iii) Specified holder.--For purposes of this
subparagraph, the term `specified holder' means, with
respect to any insurance company, any individual who holds
(directly or indirectly) an interest in such insurance
company and who--
``(I) is a lineal descendent (including by
adoption) of an individual who holds an interest
(directly or indirectly) in the specified assets with
respect to such insurance company or of such
individual's spouse,
``(II) is a spouse of any lineal descendent
described in subclause (I), or
``(III) is not a citizen of the United States and
is a spouse of an individual who holds an interest
(directly or indirectly) in the specified assets with
respect to such insurance company.''.
(3) Section 831(b)(2)(B)(iv), as redesignated by paragraph (2),
is amended--
(A) by striking ``clause (i)(II)'' in the matter preceding
subclause (I) and inserting ``this subparagraph'', and
(B) by amending subclause (I) to read as follows:
``(I) Relevant specified assets.--The term
`relevant specified assets' means, with respect to any
specified holder with respect to any insurance company,
the aggregate amount of the specified assets, with
respect to such insurance company, any interest in
which is held (directly or indirectly) by any spouse or
specified relation of such specified holder. Such term
shall not include any specified asset solely by reason
of an interest in such asset which was acquired by such
spouse or specified relation by bequest, devise, or
inheritance from a decedent during the taxable year of
the insurance company or the preceding taxable year.
For purposes of this subclause, the term `specified
relation' means any individual with respect to whom the
specified holder bears a relationship described in
subclause (I) or (II) of clause (iii).''.
(4) Section 831(b)(2) is amended by redesignating subparagraph
(D) as subparagraph (E) and by inserting after subparagraph (C) the
following new subparagraph:
``(D) Look-through of reinsurance and fronting
arrangements.--In the case of reinsurance or any fronting,
intermediary, or similar arrangement, the term `policyholder'
means each policyholder of the underlying direct written
insurance with respect to such reinsurance or arrangement.''.
(s) Effective Date.--The amendments made by this section shall take
effect as if included in the provision of the Protecting Americans from
Tax Hikes Act of 2015 to which they relate.
SEC. 102. AMENDMENT RELATING TO CONSOLIDATED APPROPRIATIONS ACT, 2016.
(a) Amendment Relating to Section 305 of Division P.--For purposes
of applying section 199(c)(3)(C)(i) of the Internal Revenue Code of
1986 (as in effect before its repeal by Public Law 115-97) to taxable
years beginning after December 31, 2015, and before January 1, 2018,
such section shall be applied--
(1) by inserting ``who elects the application of this clause
for any taxable year,'' after ``In the case of any taxpayer'',
(2) by substituting ``, and who'' for ``and who'',
(3) by substituting ``such taxable year'' for ``the taxable
year'', and
(4) by substituting ``(as defined in subsection (d)(9)(B))''
for ``under subsection (d)(9)(B)''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in section 305 of division P of the Consolidated
Appropriations Act, 2016.
SEC. 103. AMENDMENTS RELATING TO FIXING AMERICA'S SURFACE
TRANSPORTATION ACT.
(a) Amendments Relating to Section 32101.--
(1) Section 7345(e)(1) is amended--
(A) by striking ``or the Tax Court'' and inserting ``, or
against the Commissioner in the Tax Court,'', and
(B) by adding at the end the following: ``For purposes of
the preceding sentence, the court first acquiring jurisdiction
over such an action shall have sole jurisdiction.''.
(2) Section 7345(f) is amended by striking ``subsection (a)''
and inserting ``subsection (b)(1)(B)''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in section 32101 of the Fixing America's Surface
Transportation Act.
SEC. 104. AMENDMENTS RELATING TO SURFACE TRANSPORTATION AND VETERANS
HEALTH CARE CHOICE IMPROVEMENT ACT OF 2015.
(a) Amendment Relating to Section 2004.--Section 6662(k) is amended
to read as follows:
``(k) Inconsistent Estate Basis Reporting.--For purposes of this
section, the term `inconsistent estate basis' means any portion of an
underpayment attributable to the failure to comply with section
1014(f).''.
(b) Amendments Relating to Section 2008.--Section 9503(e)(2) is
amended--
(1) by striking ``per gallon'' in subparagraph (C) and
inserting ``per energy equivalent of a gallon of diesel (as defined
in section 4041(a)(2)(D))'', and
(2) by striking ``per gallon'' in subparagraph (D) and
inserting ``per energy equivalent of a gallon of gasoline (as
defined in section 4041(a)(2)(C))''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the provision of the Surface Transportation
and Veterans Health Care Choice Improvement Act of 2015 to which they
relate.
SEC. 105. AMENDMENTS RELATING TO STEPHEN BECK, JR., ABLE ACT OF 2014.
(a) Amendments Relating to Section 208.--Section 208(h) of the
Stephen Beck, Jr., ABLE Act of 2014 is amended--
(1) by striking so much as precedes ``made by this section''
and inserting the following:
``(h) Effective Date.--
``(1) In general.--Except as provided in paragraph (2), the
amendments'',
(2) by inserting ``, and statements required to be furnished,''
after ``returns required to be filed'', and
(3) by adding at the end the following new paragraph:
``(2) Subsection (c).--The amendment made by subsection (c)
shall apply to returns or claims for refund filed after December
31, 2014.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in section 208 of the Stephen Beck, Jr., ABLE Act
of 2014.
SEC. 106. AMENDMENT RELATING TO AMERICAN TAXPAYER RELIEF ACT OF 2012.
(a) Amendment Relating to Section 104.--Section 6211(b)(4)(A) is
amended by striking ``subsection (i)(6)'' and inserting ``subsection
(i)(5)''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in section 104 of the American Taxpayer Relief
Act of 2012.
SEC. 107. AMENDMENT RELATING TO UNITED STATES-KOREA FREE TRADE
AGREEMENT IMPLEMENTATION ACT.
(a) Amendment Relating to Section 501.--Section 501(b) of the
United States-Korea Free Trade Agreement Implementation Act is amended
by striking ``returns required to be filed'' and inserting ``documents
prepared''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in section 501 of the United States-Korea Free
Trade Agreement Implementation Act.
SEC. 108. AMENDMENT RELATING TO SAFETEA-LU.
(a) Amendment Relating to Section 11125.--Section 5681(b) is
amended by striking ``who has paid the special tax (or who is exempt
from payment of such special tax by reason of the provisions of section
5113(a))'' and inserting ``who meets the requirements of section
5121(a) and section 5124 (or who is exempt from such requirements by
reason of section 5121(b))''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in section 11125 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users.
SEC. 109. AMENDMENTS RELATING TO THE AMERICAN JOBS CREATION ACT OF
2004.
(a) Amendment Relating to Section 233.--Section 1361(c)(2)(B)(vi)
is amended by striking ``a shareholder'' and inserting ``the
shareholder''.
(b) Amendment Relating to Section 319.--Section 501(c)(12)(E) is
amended by striking ``means the Federal Energy Regulatory Commission''
and all that follows and inserting: ``means--
``(i) the Federal Energy Regulatory Commission, or
``(ii) in the case of any utility with respect to which
all of the electricity generated, transmitted, or
distributed by such utility is generated, transmitted,
distributed, and consumed in the same State, the State
agency of such State with the authority to regulate
electric utilities.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in section 319 of the American Jobs Creation Act
of 2004.
TITLE II--TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT RULES
SEC. 201. SCOPE OF ADJUSTMENTS SUBJECT TO PARTNERSHIP AUDIT RULES.
(a) In General.--Section 6241(2) is amended to read as follows:
``(2) Partnership adjustment.--
``(A) In general.--The term `partnership adjustment' means
any adjustment to a partnership-related item.
``(B) Partnership-related item.--The term `partnership-
related item' means--
``(i) any item or amount with respect to the
partnership (without regard to whether or not such item or
amount appears on the partnership's return and including an
imputed underpayment and any item or amount relating to any
transaction with, basis in, or liability of, the
partnership) which is relevant (determined without regard
to this subchapter) in determining the tax liability of any
person under chapter 1, and
``(ii) any partner's distributive share of any item or
amount described in clause (i).''.
(b) Coordination With Other Chapters.--
(1) In general.--Section 6241 is amended by adding at the end
the following new paragraph:
``(9) Coordination with other chapters.--
``(A) In general.--This subchapter shall not apply with
respect to any tax imposed (including any amount required to be
deducted or withheld) under chapter 2, 2A, 3, or 4, except that
any partnership adjustment determined under this subchapter for
purposes of chapter 1 shall be taken into account for purposes
of determining any such tax to the extent that such adjustment
is relevant to such determination.
``(B) Timing of withholding.--In the case of any tax
imposed (including any amount required to be deducted or
withheld) under chapter 3 or 4, which is determined with
respect to an adjustment described in subparagraph (A), such
tax--
``(i) shall be so determined with respect to the
reviewed year, and
``(ii) shall be so imposed (or so required to be
deducted or withheld) with respect to the adjustment year.
``(C) Statute of limitation on assessment.--For special
rule with respect to limitation on assessment of taxes under
chapter 2 or 2A which are attributable to any partnership
adjustment, see section 6501(c)(12).''.
(2) Special rule.--Section 6501(c) is amended by adding at the
end the following new paragraph:
``(12) Certain taxes attributable to partnership adjustments.--
In the case of any partnership adjustment determined under
subchapter C of chapter 63, the period for assessment of any tax
imposed under chapter 2 or 2A which is attributable to such
adjustment shall not expire before the date that is 1 year after--
``(A) in the case of an adjustment pursuant to the decision
of a court in a proceeding brought under section 6234, such
decision becomes final, or
``(B) in any other case, 90 days after the date on which
the notice of the final partnership adjustment is mailed under
section 6231.''.
(c) Conforming Amendments.--
(1) Section 6211(c) is amended to read as follows:
``(c) Coordination With Subchapter C.--In determining the amount of
any deficiency for purposes of this subchapter, adjustments to
partnership-related items shall be made only as provided in subchapter
C.''.
(2) Section 6221(a) is amended to read as follows:
``(a) In General.--Any adjustment to a partnership-related item
shall be determined, and any tax attributable thereto shall be assessed
and collected, and the applicability of any penalty, addition to tax,
or additional amount which relates to an adjustment to any such item
shall be determined, at the partnership level, except to the extent
otherwise provided in this subchapter.''.
(3) Section 6222(a) is amended to read as follows:
``(a) In General.--A partner shall, on the partner's return, treat
any partnership-related item in a manner which is consistent with the
treatment of such item on the partnership return.''.
(4) Section 6226(a)(2) is amended by striking ``any adjustment
to income, gain, loss, deduction, or credit'' and inserting ``any
adjustment to a partnership-related item''.
(5) Section 6227(a) is amended by striking ``items of income,
gain, loss, deduction, or credit of the partnership'' and inserting
``partnership-related items''.
(6) Section 6231(a)(1) is amended by striking ``any item of
income, gain, loss, deduction, or credit of a partnership for a
partnership taxable year'' and inserting ``any partnership-related
item for any partnership taxable year''.
(7) Section 6234(c) is amended by striking ``all items of
income, gain, loss, deduction, or credit of the partnership'' and
inserting ``all partnership-related items''.
(8) Section 7485(b) is amended by striking ``partnership
items'' and inserting ``partnership-related items (as defined in
section 6241)''.
SEC. 202. DETERMINATION OF IMPUTED UNDERPAYMENTS.
(a) In General.--Section 6225(b) is amended to read as follows:
``(b) Determination of Imputed Underpayments.--For purposes of this
subchapter--
``(1) In general.--Except as otherwise provided in this
section, any imputed underpayment with respect to any reviewed year
shall be determined by the Secretary by--
``(A) appropriately netting all partnership adjustments
with respect to such reviewed year, and
``(B) applying the highest rate of tax in effect for the
reviewed year under section 1 or 11.
``(2) Adjustments to distributive shares of partners not
netted.--In the case of any adjustment which reallocates the
distributive share of any item from one partner to another, such
adjustment shall be taken into account by disregarding so much of
such adjustment as results in a decrease in the amount of the
imputed underpayment.
``(3) Adjustments separately netted by category.--For purposes
of paragraph (1)(A), partnership adjustments for any reviewed year
shall first be separately determined (and netted as appropriate)
within each category of items that are required to be taken into
account separately under section 702(a) or other provision of this
title.
``(4) Limitation on adjustments that may be taken into
account.--If any adjustment would (but for this paragraph)--
``(A) result in a decrease in the amount of the imputed
underpayment, and
``(B) could be subject to any additional limitation under
the provisions of this title (or not allowed, in whole or in
part, against ordinary income) if such adjustment were taken
into account by any person,
such adjustment shall not be taken into account under paragraph
(1)(A) except to the extent otherwise provided by the Secretary.''.
(b) Modifications of Imputed Underpayments.--
(1) Section 6225(c)(3) is amended by striking ``without regard
to the portion thereof'' and inserting ``without regard to the
portion of the adjustment''.
(2) Section 6225(c)(4)(A) is amended by striking ``with respect
to any portion of the imputed underpayment'' and inserting ``with
respect to any portion of the adjustment''.
(3) Section 6225(c)(5)(A)(i) is amended by striking ``without
regard to the portion thereof'' and inserting ``without regard to
the portion of the adjustment''.
(c) Conforming Amendments.--
(1) Section 6225(a) is amended to read as follows:
``(a) In General.--In the case of any adjustments by the Secretary
to any partnership-related items with respect to any reviewed year of a
partnership--
``(1) if such adjustments result in an imputed underpayment,
the partnership shall pay an amount equal to such imputed
underpayment in the adjustment year as provided in section 6232,
and
``(2) if such adjustments do not result in an imputed
underpayment, such adjustments shall be taken into account by the
partnership in the adjustment year.''.
(2) Section 6225(c) is amended by adding at the end the
following new paragraph:
``(9) Modification of adjustments not resulting in an imputed
underpayment.--The Secretary shall establish procedures under which
the adjustments described in subsection (a)(2) may be modified in
such manner as the Secretary determines appropriate.''.
SEC. 203. ALTERNATIVE PROCEDURE TO FILING AMENDED RETURNS FOR PURPOSES
OF MODIFYING IMPUTED UNDERPAYMENT.
(a) In General.--Section 6225(c)(2) is amended to read as follows:
``(2) Procedures for partners to take adjustments into
account.--
``(A) Amended returns of partners.--Such procedures shall
provide that if--
``(i) one or more partners file returns for the taxable
year of the partners which includes the end of the reviewed
year of the partnership (and for any taxable year with
respect to which any tax attribute is affected by reason of
any adjustment referred to in clause (ii)),
``(ii) such returns take into account all adjustments
under subsection (a) properly allocable to such partners
(and the effect of such adjustments on any tax attributes),
and
``(iii) payment of any tax due is included with such
returns,
then the imputed underpayment amount shall be determined
without regard to the portion of the adjustments so taken into
account.
``(B) Alternative procedure to filing amended returns.--
Such procedures shall provide that, with respect to any partner
referred to in subparagraph (A), the requirements of
subparagraph (A) shall be treated as satisfied with respect to
adjustments properly allocable to such partner if, in lieu of
filing the returns described in such subparagraph--
``(i) the amounts described in subparagraph (A)(iii)
are paid by the partner,
``(ii) the partner agrees to take into account, in the
form and manner prescribed by the Secretary, the
adjustments to the tax attributes of such partner referred
to in subparagraph (A)(ii), and
``(iii) such partner provides, in the form and manner
specified by the Secretary (including, if the Secretary so
specifies, in the same form as on an amended return), such
information as the Secretary may require to carry out this
subparagraph.
``(C) Reallocation of distributive share.--In the case of
any adjustment which reallocates the distributive share of any
item from one partner to another, this paragraph shall apply
with respect to any such partner only if the requirements of
subparagraph (A) or (B) are satisfied with respect to all
partners affected by such adjustment.
``(D) Application of statute of limitations.--In the case
of adjustments referred to in subparagraph (A)(ii), sections
6501 and 6511 shall not apply with respect to any return filed
for purposes of subparagraph (A)(i) or any amount paid under
subparagraph (A)(iii) or (B)(i).
``(E) Adjustments to tax attributes binding for affected
taxable years of partner.--The adjustments to the tax
attributes of any partner provided for in subparagraph (A)(ii)
or (B)(ii) shall be binding with respect to the taxable year of
the partner which includes the end of the reviewed year of the
partnership and any taxable years for which any tax attribute
is affected by such adjustment. Any failure to so treat any
such tax attribute shall be treated for purposes of this title
in the same manner as a failure to treat a partnership-related
item in a manner which is consistent with the treatment of such
item on the partnership return within the meaning of section
6222.
``(F) Application to partnerships and s corporations in
tiered structures.--
``(i) In general.--In the case of any partnership any
partner of which is a partnership, subparagraph (A) or (B)
may apply with respect to any partner (hereafter in this
subparagraph referred to as the `relevant partner') in the
chain of ownership of such partnerships if--
``(I) such information as the Secretary may require
is furnished to the Secretary for purposes of carrying
out this paragraph with respect to such partnerships
(including any information the Secretary may require
with respect to any chain of ownership of the relevant
partner), and
``(II) to such extent as the Secretary may require,
each partnership in the chain of ownership between the
relevant partner and the audited partnership satisfies
the requirements of subparagraph (A) or (B).
``(ii) Treatment of s corporations.--For purposes of
clause (i), an S corporation and its shareholders shall be
treated in the same manner as a partnership and its
partners.''.
(b) Conforming Amendment.--Section 6201(a)(1) is amended by
inserting ``(or payments under section 6225(c)(2)(B)(i))'' after
``returns or lists''.
SEC. 204. TREATMENT OF PASSTHROUGH PARTNERS IN TIERED STRUCTURES.
(a) In General.--Section 6226(b) is amended by adding at the end
the following new paragraph:
``(4) Treatment of partnerships and s corporations in tiered
structures.--
``(A) In general.--If a partner which receives a statement
under subsection (a)(2) is a partnership or an S corporation,
such partner shall, with respect to the partner's share of the
adjustment--
``(i) file with the Secretary a partnership adjustment
tracking report which includes such information as the
Secretary may require, and
``(ii)(I) furnish statements under rules similar to the
rules of subsection (a)(2), or
``(II) if no such statements are furnished, compute and
pay an imputed underpayment under rules similar to the
rules of section 6225 (other than paragraphs (2), (7), and
(9) of subsection (c) thereof).
``(B) Due date.--For purposes of subparagraph (A), with
respect to a partner's share of the adjustment, the partnership
adjustment tracking report shall be filed, and the imputed
underpayment shall be paid or statements shall be furnished,
not later than the due date for the return for the adjustment
year of the audited partnership.
``(C) Partnership payment of tax if elected out of
subchapter.--In the case of a partnership which has elected the
application of section 6221(b) with respect to the taxable year
of the partnership which includes the end of the reviewed year
of the audited partnership, this paragraph shall apply
notwithstanding such election.
``(D) Audited partnership.--For purposes of this paragraph,
the term `audited partnership' means, with respect to any
partner described in subparagraph (A), the partnership in the
chain of ownership originally electing the application of this
section.
``(E) Treatment of trusts.--The Secretary shall prescribe
such rules as may be necessary with respect to trusts which
receive a statement under subsection (a)(2).''.
(b) Conforming Amendments.--
(1) Section 6226(b)(1) is amended by striking ``Each
partner's'' and inserting ``Except as provided in paragraph (4),
each partner's''.
(2) Section 6226(c)(2) is amended by inserting ``or which is
described in subsection (b)(4)(A)(ii)(I),'' after ``is elected,''.
SEC. 205. TREATMENT OF FAILURE OF PARTNERSHIP TO PAY IMPUTED
UNDERPAYMENT.
(a) In General.--Section 6232 is amended by adding at the end the
following new subsection:
``(f) Failure to Pay Imputed Underpayment.--
``(1) In general.--If any amount of any imputed underpayment to
which section 6225 applies or any specified similar amount (or any
interest or penalties with respect to any such amount) has not been
paid by the date which is 10 days after the date on which the
Secretary provides notice and demand for such payment--
``(A) section 6621(a)(2)(B) shall be applied by
substituting `5 percentage points' for `3 percentage points'
with respect to such amount, and
``(B) the Secretary may assess upon each partner of the
partnership (determined as of the close of the adjustment year
or, if the partnership has ceased to exist as of such time, the
former partners of the partnership as determined for purposes
of section 6241(7)) a tax equal to such partner's proportionate
share of such amount (including any such interest or penalties,
determined after application of subparagraph (A)).
``(2) Specified similar amount.--For purposes of this
subsection, the term `specified similar amount' means--
``(A) the amount described in subclause (II) of section
6226(b)(4)(A)(ii) (including any failure to satisfy the
requirement of subclause (I) of such section which is treated
as a failure to pay such amount under section 6651(i)), and
``(B) any amount assessed under paragraph (1)(B) upon a
partner which is a partnership.
``(3) Proportionate share.--For purposes of paragraph (1), a
partner's proportionate share is such percentage as the Secretary
may determine on the basis of such partner's distributive share.
The Secretary shall make determinations under the preceding
sentence such that the aggregate proportionate shares so determined
total 100 percent.
``(4) Coordination with partnership liability.--The liability
of the partnership for any amount with respect to which a partner
is made liable under paragraph (1) shall be reduced upon payment by
the partner of such amount. Paragraph (1)(B) shall not apply with
respect to any amount after the date on which such amount is paid
by the partnership.
``(5) S corporations.--For purposes of this subsection, an S
corporation and its shareholders shall be treated in the same
manner as a partnership and its partners.
``(6) Rules related to assessment and collection.--
``(A) Deficiency procedures not applicable.--Subchapter B
shall not apply to any assessment or collection under this
paragraph.
``(B) Limitation on assessment.--Except as otherwise
provided in this subtitle, no assessment may be made (or
proceeding in court begun without assessment) with respect to
any partner with respect to an amount under paragraph (1) after
the date which is 2 years after the date on which the Secretary
provides the notice and demand referred to in paragraph (1)
with respect to such amount.''.
(b) Conforming Amendment.--Section 6501(c)(4)(A) is amended by
striking ``in this section''.
SEC. 206. OTHER TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT
RULES.
(a) Limitation on Amendment of Statements Furnished to Partners Not
Applicable to Partnerships Electing Out of Partnership Audit Rules.--
Section 6031(b) is amended by striking the last sentence and inserting
the following: ``Information required to be furnished by the
partnership under this subsection may not be amended after the due date
of the return under subsection (a) to which such information relates,
except--
``(1) in the case of a partnership which has elected the
application of section 6221(b) for the taxable year,
``(2) as provided in the procedures under section 6225(c),
``(3) with respect to statements under section 6226, or
``(4) as otherwise provided by the Secretary.''.
(b) Administrative Adjustment Request and Partnership Adjustment
Tracking Report Not Treated as Amended Return for Purposes of
Modification of Imputed Underpayments.--Section 6225(c)(2), as amended
by the preceding provisions of this Act, is amended by adding at the
end the following new subparagraph:
``(F) Adjustments not treated as amended return.--An
administrative adjustment request under section 6227 and a
partnership adjustment tracking report under section
6226(b)(4)(A) shall not be treated as a return for purposes of
this paragraph.''.
(c) Authority to Require e-filing of Materials in Connection With
Modification of Imputed Underpayments, etc.--Section 6241, as amended
by the preceding provisions of this Act, is amended by adding at the
end the following new paragraph:
``(10) Authority to require electronic filing.--Notwithstanding
section 6011(e), the Secretary may require that anything required
to be filed or submitted under section 6225(c), or to be furnished
to or filed with the Secretary under section 6226, be so filed,
submitted, or furnished by magnetic media or in other machine-
readable form.''.
(d) Clarification of Assessment Authority.--Section 6226(a) is
amended by inserting ``(and no assessment of tax, levy, or proceeding
in any court for the collection of such underpayment shall be made
against such partnership)'' after ``section 6225 shall not apply with
respect to such underpayment''.
(e) Treatment of Partnership Adjustments That Result in Decrease in
Tax in Case of Election to Push Out Adjustments.--Section 6226(b) is
amended--
(1) by striking ``increased'' in paragraph (1) and inserting
``adjusted'',
(2) by striking ``adjustment amounts'' each place it appears in
paragraphs (1) and (2) and inserting ``correction amounts'',
(3) by striking ``increase'' each place it appears in
subparagraphs (A) and (B) of paragraph (2) and inserting ``increase
or decrease'',
(4) by striking ``plus'' at the end of paragraph (2)(A) and
inserting ``and'', and
(5) by striking ``Adjustment amounts'' in the heading of
paragraph (2) and inserting ``Correction amounts''.
(f) Coordination of Statute of Limitation on Filing Administration
Adjustment Request With Adjustments Related to Foreign Tax Credits.--
Section 6227 is amended by adding at the end the following new
subsection:
``(d) Coordination With Adjustments Related to Foreign Tax
Credits.--The Secretary shall issue regulations or other guidance which
provide for the proper coordination of this section and section
905(c).''.
(g) Clarification of Assessment of Imputed Underpayments.--
(1) In general.--Section 6232(a) is amended by striking
``except that in the case of'' and all that follows and inserting
the following: ``except that--
``(1) subchapter B of chapter 63 shall not apply, and
``(2) in the case of an administrative adjustment request to
which section 6227(b)(1) applies, the underpayment shall be paid
and may be assessed when the request is filed.''.
(2) Conforming amendment.--Section 6232(b) is amended--
(A) by striking ``assessment of a deficiency'' and
inserting ``assessment of an imputed underpayment'', and
(B) by adding at the end the following new flush matter:
``The preceding sentence shall not apply in the case of a specified
similar amount (as defined in subsection (f)(2)).''.
(h) Time Limitation for Notice of Proposed Adjustment.--
(1) In general.--Section 6231 is amended by redesignating
subsections (b) and (c) as subsections (c) and (d), respectively,
and by inserting after subsection (a) the following new subsection:
``(b) Timing of Notices.--
``(1) Notice of proposed partnership adjustment.--Any notice of
a proposed partnership adjustment shall not be mailed later than
the date determined under section 6235 (determined without regard
to paragraphs (2) and (3) of subsection (a) thereof).
``(2) Notice of final partnership adjustment.--
``(A) In general.--Except to the extent that the
partnership elects to waive the application of this
subparagraph, any notice of a final partnership adjustment
shall not be mailed earlier than 270 days after the date on
which the notice of the proposed partnership adjustment is
mailed.
``(B) Statute of limitations on adjustment.--For the period
of limitations on making adjustments, see section 6235.''.
(2) Conforming amendment.--Section 6231(a) is amended by
striking ``Any notice of a final partnership adjustment'' and all
that follows through ``Such notices'' and inserting ``Any notice of
a final partnership adjustment''.
(i) Deposit to Suspend Interest on Imputed Underpayment.--Section
6233 is amended by adding at the end the following new subsection:
``(c) Deposit to Suspend Interest.--For rules allowing deposits to
suspend running of interest on potential underpayments, see section
6603.''.
(j) Deposit to Meet Jurisdictional Requirement.--The first sentence
of section 6234(b) is amended by striking ``the amount of the imputed
underpayment (as of the date of the filing of the petition)'' and
inserting ``the amount of (as of the date of the filing of the
petition) the imputed underpayment, penalties, additions to tax, and
additional amounts with respect to such imputed underpayment''.
(k) Corrections Related to Period of Limitation on Making
Adjustments.--
(1) Section 6235(a) is amended--
(A) by inserting ``or section 905(c)'' after ``Except as
otherwise provided in this section'', and
(B) by striking ``subpart'' and inserting ``subchapter''.
(2) Section 6235(a)(3) is amended by striking ``section
6225(c)(7)'' and inserting ``section 6225(c)(7))''.
(3) Section 6235(c)(2) is amended by striking ``section
6501(e)(1)(A)'' and inserting ``subparagraph (A) or (C) of section
6501(e)(1)''.
(4) Section 6235(c) is amended by adding at the end the
following new subparagraphs:
``(5) Information required to be reported.--In the case of a
partnership that is required to report any information described in
section 6501(c)(8), the time for making any adjustment under this
subchapter with respect to any tax return, event, or period to
which such information relates shall not expire before the date
that is determined under section 6501(c)(8).
``(6) Listed transactions.--If a partnership fails to include
on any return or statement any information with respect to a listed
transaction as described in section 6501(c)(10), the time for
making any adjustment under this subchapter with respect to such
transaction shall not expire before the date that is determined
under section 6501(c)(10).''.
(5) Section 6235 is amended by striking subsection (d).
(l) Treatment of Special Enforcement Matters.--Section 6241, as
amended by the preceding provisions of this Act, is amended by adding
at the end the following new paragraph:
``(11) Treatment of special enforcement matters.--
``(A) In general.--In the case of partnership-related items
which involve special enforcement matters, the Secretary may
prescribe regulations pursuant to which--
``(i) this subchapter (or any portion thereof) does not
apply to such items, and
``(ii) such items are subject to such special rules
(including rules related to assessment and collection) as
the Secretary determines to be necessary for the effective
and efficient enforcement of this title.
``(B) Special enforcement matters.--For purposes of
subparagraph (A), the term `special enforcement matters'
means--
``(i) failure to comply with the requirements of
section 6226(b)(4)(A)(ii),
``(ii) assessments under section 6851 (relating to
termination assessments of income tax) or section 6861
(relating to jeopardy assessments of income, estate, gift,
and certain excise taxes),
``(iii) criminal investigations,
``(iv) indirect methods of proof of income,
``(v) foreign partners or partnerships, and
``(vi) other matters that the Secretary determines by
regulation present special enforcement considerations.''.
(m) United States Shareholders and Certain Other Persons Treated as
Partners.--Section 6241, as amended by the preceding provisions of this
Act, is amended by adding at the end the following new paragraph:
``(12) United states shareholders and certain other persons
treated as partners.--
``(A) In general.--Except as otherwise provided by the
Secretary, in the case of any controlled foreign corporation
(as defined in section 957 or 953(c)(1)) which is a partner of
a partnership, each United States shareholder (as defined in
section 951(b) or 953(c)(1)) with respect to such controlled
foreign corporation shall be treated for purposes of this
subchapter as a partner of such partnership. For purposes of
the preceding sentence, any distributive share of any such
United States shareholder with respect to such partnership
shall, except as otherwise provided by the Secretary, be equal
to such United States shareholder's pro rata share with respect
to such controlled foreign corporation (determined under rules
similar to the rules of section 951(a)(2)).
``(B) Passive foreign investment companies.--For purposes
of subparagraph (A), in the case of a passive foreign
investment company (as defined in section 1297), each taxpayer
that makes an election under section 1295 with respect to such
company shall be treated in the same manner as United States
shareholders under subparagraph (A), except that such
taxpayer's pro rata share with respect to the passive foreign
investment company shall be determined under rules similar to
the rules of section 1293(b).
``(C) Regulations or other guidance.--The Secretary shall
issue such regulations or other guidance as is necessary or
appropriate to carry out the purposes of this paragraph,
including regulations which apply the rules of subparagraph (A)
in similar circumstances or with respect to similarly situated
persons.''.
(n) Penalties Related to Administrative Adjustment Requests and
Partnership Adjustment Tracking Reports.--
(1) Failure to pay.--Section 6651 is amended by redesignating
subsection (i) as subsection (j) and by inserting after subsection
(h) the following new subsection:
``(i) Application to Imputed Underpayment.--For purposes of this
section, any failure to comply with section 6226(b)(4)(A)(ii) shall be
treated as a failure to pay the amount described in subclause (II)
thereof and such amount shall be treated for purposes of this section
as an amount shown as tax on a return specified in subsection
(a)(1).''.
(2) Failure to file partnership adjustment tracking report.--
Section 6698(a) is amended--
(A) in the matter preceding paragraph (1) by inserting ``,
or a partnership adjustment tracking report under section
6226(b)(4)(A),'' after ``under section 6031'',
(B) in paragraph (1) by inserting ``, or such report,''
after ``such return'', and
(C) in paragraph (2)--
(i) by inserting ``or a report'' after ``a return'',
and
(ii) by inserting ``or 6226(b)(4)(A), respectively''
before the comma at the end.
(3) Tax return preparer related penalties.--Section 6696(e)(1)
is amended by inserting ``, any administrative adjustment request
under section 6227, and any partnership adjustment tracking report
under section 6226(b)(4)(A)'' before the period at the end.
(4) Frivolous tax submissions.--Section 6702 is amended by
adding at the end the following new subsection:
``(f) Partnership Adjustments.--An administrative adjustment
request under section 6227 and a partnership adjustment tracking report
under section 6226(b)(4)(A) shall be treated as a return for purposes
of this section.''.
(o) Adjusted Schedule K-1 Treated as Payee Statement.--Section
6724(d)(2) is amended by striking ``or'' at the end of subparagraph
(HH), by striking the period at the end of subparagraph (II) and
inserting ``, or'', and by inserting after subparagraph (II) the
following new subparagraph:
``(JJ) section 6226(a)(2) (relating to statements relating
to alternative to payment of imputed underpayment by
partnership) or under any other provision of this title which
provides for the application of rules similar to such
section.''.
(p) Other Clerical Corrections.--
(1) Section 6225(c)(7) is amended by striking ``submitted
pursuant to paragraph (1)'' and inserting ``filed or submitted
under this subsection''.
(2) Section 6227(b) is amended by striking ``is made'' both
places it appears and inserting ``is filed''.
(3) Section 6227(b)(1) is amended by striking ``paragraphs (2),
(6), and (7)'' and inserting ``paragraphs (2), (7), and (9)''.
(4) Section 6232(b) is amended by striking ``this chapter'' and
inserting ``this subtitle (other than subchapter B of this
chapter)''.
(5) Section 6232(d)(1)(A) is amended by striking ``a item'' and
inserting ``an item''.
(6) Section 6232(e) is amended by striking ``thereof''.
(7) Section 6241(5) is amended by striking ``sections 6234''
and inserting ``section 6234''.
(8) Section 7485(b) is amended by striking ``a partner'' and
inserting ``the partnership''.
(9) The heading of the first part of subchapter C of chapter 63
is amended to read as follows:
``PART I--IN GENERAL''.
(10) The heading of the second part of subchapter C of chapter
63 is amended to read as follows:
``PART II--PARTNERSHIP ADJUSTMENTS''.
(11) The heading of the third part of subchapter C of chapter
63 is amended to read as follows:
``PART III--PROCEDURE''.
(12) The heading of the fourth part of subchapter C of chapter
63 is amended to read as follows:
``PART IV--DEFINITIONS AND SPECIAL RULES''.
SEC. 207. EFFECTIVE DATE.
The amendments made by this title shall take effect as if included
in section 1101 of the Bipartisan Budget Act of 2015.
TITLE III--OTHER CORRECTIONS
SEC. 301. AMENDMENTS RELATING TO THE BIPARTISAN BUDGET ACT OF 2015.
(a) Amendments Relating to Section 1101.--
(1) Section 6011(e) is amended by adding at the end the
following new paragraph:
``(5) Special rules for partnerships.--
``(A) Partnerships permitted to be required to file on
magnetic media.--In the case of a partnership, paragraph (2)(A)
shall be applied by substituting for `250' the following
amount:
``(i) In the case of returns and statements relating to
calendar year 2018, `200'.
``(ii) In the case of returns and statements relating
to calendar year 2019, `150'.
``(iii) In the case of returns and statements relating
to calendar year 2020, `100'.
``(iv) In the case of returns and statements relating
to calendar year 2021, `50'.
``(v) In the case of returns and statements relating to
calendar years after 2021, `20'.
``(B) Partnerships required to file on magnetic media.--
Notwithstanding subparagraph (A) and paragraph (2)(A), the
Secretary shall require partnerships having more than 100
partners to file returns on magnetic media.''.
(2) Section 6011(e)(2) is amended by striking the last
sentence.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in section 1101 of the Bipartisan Budget Act of
2015.
SEC. 302. AMENDMENTS RELATING TO THE ENERGY POLICY ACT OF 2005.
(a) Amendments Relating to Section 1253.--
(1) Subclause (II) of section 168(e)(3)(B)(vi) is amended by
striking ``is a qualifying small power production facility'' and
all that follows and inserting ``has a power production capacity of
not greater than 80 megawatts, or''.
(2) The last sentence of section 168(e)(3)(B) is amended by
striking ``clause (vi)(I)'' and all that follows and inserting
``subclause (I) or (II) of clause (vi) by reason of being public
utility property.''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
TITLE IV--CLERICAL CORRECTIONS AND DEADWOOD
SEC. 401. CLERICAL CORRECTIONS AND DEADWOOD-RELATED PROVISIONS.
(a) Clerical Corrections.--
(1) The table of subchapters for chapter 1 is amended by moving
the item relating to subchapter R before the item relating to
subchapter S.
(2)(A) Sections 22(c)(3)(A)(i)(III), 104(b)(2)(D), 140(a)(3),
and 149(b)(3)(A)(i) are each amended by striking ``Veterans'
Administration'' and inserting ``Department of Veterans Affairs''.
(B) The heading of section 4980H(c)(2)(F) is amended by
striking ``Veterans administration'' and inserting ``Department of
veterans affairs''.
(C) Section 6050H(h)(3)(B)(i) is amended by striking ``Veterans
Administration'' and inserting ``Department of Veterans Affairs''.
(3) Section 24(d) is amended by redesignating paragraph (5) as
paragraph (3).
(4) Section 25C(b)(2) is amended by striking ``subsection
(c)(2)(B)'' and inserting ``subsection (c)(3)(B)''.
(5) Section 25C(d)(3) is amended--
(A) by striking the period at the end of subparagraph (B)
and inserting a comma, and
(B) by striking the period at the end of subparagraph (D)
and inserting ``, and''.
(6) Section 25C(g)(2) is amended by striking ``2017..'' and
inserting ``2017.''.
(7) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended--
(A) by striking the item relating to section 41 which
relates to the employee stock ownership credit, and
(B) by moving the item relating to section 45K after the
item relating to section 45J.
(8) Section 38(b)(34) is amended by adding a comma at the end.
(9) The heading of section 40(g)(2) is amended by striking
``Aggregration'' and inserting ``Aggregation''.
(10) The heading of section 42(e)(2)(B) is amended by striking
``etc,'' and inserting ``etc.,''.
(11)(A) Section 42(d)(4)(C)(i) is amended by striking ``as
defined in paragraph (5)(C)'' and inserting ``as defined in
paragraph (5)(B)(ii)''.
(B) Section 42(f)(5)(B)(ii)(I) is amended by striking
``(d)(6)(C)'' and inserting ``(d)(6)(B)''.
(C) Section 42(k)(2)(B) is amended--
(i) by striking ``(d)(6)(B)'' and inserting ``(d)(6)(C)'',
and
(ii) by striking ``building..'' in clause (ii) and
inserting ``building.''.
(D) Section 42(m)(1)(B)(ii)(III) is amended by striking ``as
defined in subsection (d)(5)(C)'' and inserting ``as defined in
subsection (d)(5)(B)(ii)''.
(12) Section 42(h)(5)(C)(ii) is amended by striking ``; and''
and inserting ``, and''.
(13) Section 42(i)(3)(D)(ii)(I) is amended by striking the
period at the end.
(14) Section 45(c)(6) is amended by striking ``section 2(27)''
and inserting ``section 1004(27)''.
(15) Section 45(c)(7)(A)(i)(II) is amended by striking ``for
purpose'' and inserting ``for the purpose''.
(16) Section 45(c)(7)(A)(i)(III) is amended by striking the
period at the end and inserting ``, or''.
(17) Section 45C(b)(2)(A)(ii)(II) is amended by striking ``;
and'' and inserting ``, and''.
(18) Section 45D(f)(1)(F) is amended by adding ``, and'' at the
end.
(19) Section 45H(d) is amended by striking ``purposes this''
and inserting ``purposes of this''.
(20) Section 48(a)(1) is amended by striking ``(3)(B), and
(4)(B)'' and inserting ``and (3)(B)''.
(21) Section 48(a)(6)(B) is amended by striking ``property
energy property'' and inserting ``energy property''.
(22) Section 48(c)(2)(B) is amended by striking ``equal $200''
and inserting ``equal to $200''.
(23) Section 48(d)(3) is amended--
(A) by striking ``shall'' in the matter that precedes
subparagraph (A), and
(B) by inserting ``shall'' before ``not'' in subparagraph
(A).
(24) Section 49(a)(1)(D)(iii) is amended by striking ``share-
holder'' in the last sentence and inserting ``shareholder''.
(25) Section 50(b)(2)(A) is amended by striking the period at
the end and inserting a semicolon.
(26) Section 51(c)(4) is amended by adding a period at the end.
(27) Section 51(d)(3)(A)(ii)(II) is amended by adding a comma
at the end.
(28) Section 51(d)(8) is amended by striking ``food stamp
recipient'' in the heading thereof and inserting ``supplemental
nutrition assistance program benefits recipient''.
(29) Section 51(i)(1)(A) is amended by striking ``entity,'' and
inserting ``entity''.
(30) Section 58(a)(2)(A) is amended by striking ``461(j)'' and
inserting ``461(k)''.
(31) Section 62(a)(20) is amended by inserting a comma after
``United States Code''.
(32) Section 62(e)(1) is amended by striking ``(2 U.S.C.
1202)'' and inserting ``(42 U.S.C. 2000e-16b)''.
(33) Section 68(b)(2) is amended by striking ``shall be shall
be'' and inserting ``shall be''.
(34) The heading of section 82 is amended by striking
``<SUP>for</SUP> expenses</SUP> of</SUP> moving</SUP>'' and
inserting ``<SUP>of</SUP> moving</SUP> expenses</SUP>''.
(35) The heading of section 84 is amended by striking
``<SUP>political</SUP> organization</SUP>'' and inserting
``<SUP>political</SUP> organizations</SUP>''.
(36) Section 105(h)(7)(B) is amended by striking ``subparagraph
(A)'' and inserting ``subparagraph (A))''.
(37) Section 125(e)(2) is amended by striking ``subparagraphs''
and inserting ``subparagraph''.
(38) Section 132(c)(4) is amended by striking ``peforming'' and
inserting ``performing''.
(39) Section 134(b)(6) is amended by striking ``an combat'' and
inserting ``a combat''.
(40) Section 137(c) is amended by striking ``section 514'' in
the second sentence and inserting ``section 541''.
(41) Section 139(c)(2) is amended by striking ``federally'' and
inserting ``a federally''.
(42) Section 139E(c)(1) is amended by striking ``(43 U.S.C.
1601, et seq.)'' and inserting ``(43 U.S.C. 1601 et seq.)''.
(43) Section 139E(c)(3) is amended by striking ``2013'' and
inserting ``2014''.
(44) Section 3(a) of the Tribal General Welfare Exclusion Act
of 2014 is amended by striking ``subsection'' and inserting
``section''.
(45) Section 4(c) of such Act is amended by striking
``subsection'' and inserting ``section''.
(46) The item relating to section 143 in the table of sections
for subpart A of part IV of subchapter B of chapter 1 is amended to
read as follows:
``Sec. 143. Mortgage revenue bonds; qualified mortgage bond and
qualified veterans' mortgage bond.''.
(47) Section 142(d)(2)(C) is amended by inserting ``section''
before ``42(i)(3)(D)''.
(48) Section 163(e)(5)(C)(ii) is amended by inserting ``in''
before ``subsection (i)(1)(B)''.
(49) Section 168(d)(3)(B)(i) is amended by inserting a comma
after ``real property''.
(50) Section 168(e)(3)(C)(i) is amended by striking ``and''.
(51) Section 169(d)(5)(B) is amended by inserting ``a'' before
``facility''.
(52) Section 170(b)(1)(A)(ix) is amended by inserting
``National'' before ``Agricultural''.
(53) Section 172(d)(5) is amended by striking ``section 243''
and inserting ``sections 243''.
(54) Section 179D(d)(1)(B) is amended by striking ``which'' and
inserting ``such that''.
(55) Section 219(f)(1) is amended by striking ``term
compensation includes'' in the last sentence and inserting ``term
`compensation' includes''.
(56) Section 219(g)(8) is amended by striking ``shall each be''
and inserting ``shall be''.
(57) Section 223(c)(2)(C) is amended by striking ``section
1871'' and inserting ``section 1861''.
(58) Section 223(d)(2)(A) is amended by striking ``section
213(d)'' and inserting ``section 213(d))''.
(59) The item relating to section 280H in the table of sections
for part IX of subchapter B of chapter 1 is amended to read as
follows:
``Sec. 280H. Limitation on certain amounts paid to employee-owners by
personal service corporations electing alternative taxable
years.''.
(60) Subparagraphs (F) and (G) of section 263(a)(1) are each
amended by striking the semicolon at the end and inserting a comma.
(61) Section 263(a)(1) is amended by redesignating
subparagraphs (I) through (L) as subparagraphs (H) through (K),
respectively.
(62) Section 280C(a) is amended by striking ``and 1396(a),''
and inserting ``1396(a),''.
(63) The heading of section 331 is amended by striking
``<SUP>shareholders</SUP>'' and inserting
``<SUP>shareholder</SUP>''.
(64) Section 338(h)(3)(A)(iii) is amended by striking
``paragaraph'' and inserting ``paragraph''.
(65) The second sentence of section 355(h)(2)(B) is amended by
striking ``of assets''.
(66) The heading of subpart C of part III of subchapter C of
chapter 1 is amended by striking ``Corporation'' and inserting
``Corporations''.
(67) Section 362(a) is amended by striking the comma after
``acquired''.
(68) Section 368(a)(2)(F)(vii) is amended by striking ``(15
U.S.C. 80a-2(36))'' and inserting ``(15 U.S.C. 80a-2(a)(36))''.
(69) Section 401(a)(2) is amended by striking
``determination).;'' and inserting ``determination));''.
(70) Section 401(a)(15) is amended by striking ``a trust'' and
inserting ``A trust''.
(71) Section 401(a)(32)(A) is amended by striking ``section
section'' both places it appears and inserting ``section''.
(72) Section 401(c)(2)(A)(iii) is amended by striking
``sections 3121(d)(3)(A), (C), or (D), without regard to paragraph
(2) of section 1402(c)'' and inserting ``subparagraph (A), (C), or
(D) of section 3121(d)(3), without regard to section 1402(c)(2)''.
(73) Section 402(i) is amended by striking ``subparagraph (A)
of subsection (d)(4)'' and inserting ``subsection (e)(4)(D)(i)''.
(74) Section 404A(c)(4)(B) is amended by striking ``and'' at
the end.
(75) Section 408(a)(1) is amended by inserting ``or'' after
``subsection (d)(3)''.
(76) Section 408(m)(3)(B) is amended by striking ``section 7''
and inserting ``section 5''.
(77) Section 408A(d)(3)(B) is amended by adding a period at the
end.
(78) Section 408A(e)(2)(B) is amended by striking ``the
subparagraph (A)'' and inserting ``subparagraph (A)''.
(79) Section 409(n)(1)(A)(i) is amended by striking
``securities,,,'' and inserting ``securities,''.
(80) Section 409A(b)(3)(B)(i) is amended by striking the
semicolon at the end and inserting a comma.
(81) The item relating to section 413 in the table of sections
for subpart B of part I of subchapter D of chapter 1 is amended to
read as follows:
``Sec. 413. Collectively bargained plans, etc.''.
(82) Section 411(a)(4)(A) is amended by striking the comma at
the end and inserting a semicolon.
(83) Section 412(c)(1)(A) is amended by adding a period at the
end.
(84) Section 412(c)(4)(B) is amended by inserting ``section''
before ``433(d)''.
(85) Section 412(c)(7)(B)(iii) is amended by striking the comma
after ``subchapter D''.
(86) Section 413(b)(6) is amended by striking ``and the last
sentence of section 4971(a)'' in the last sentence and inserting
``and section 4971(e)''.
(87) Section 414(l)(2)(G) is amended by striking ``banks'' in
the heading thereof and inserting ``depository institutions''.
(88) Section 414(u)(6) is amended by striking ``section
457(b))'' and inserting ``section 457(b)))''.
(89) Section 414(x)(1) is amended by striking ``are'' and
inserting ``is''.
(90) Section 414(y)(1)(C)(i) is amended by striking ``of such
Code''.
(91) Section 414(y)(2) is amended by striking ``subparagraph''
and inserting ``subparagraphs''.
(92) Section 418E is amended by striking ``subsection
432(b)(2)'' each place it appears and inserting ``section
432(b)(2)''.
(93) Section 418E(d)(1), as amended by the preceding paragraph,
is amended--
(A) by striking ``section 432(b)(2),,'' and inserting
``section 432(b)(2),'',
(B) by striking ``section 432(b)(2),)'' and inserting
``section 432(b)(2))'', and
(C) by striking ``compare the value of plan assets'' and
all that follows through ``for that plan year with'' and
inserting ``compare the value of plan assets for that plan year
with''.
(94) Section 418E(e)(1)(A) is amended to read as follows:
``(A) notify the Secretary and the parties described in
section 101(f)(1) of the Employee Retirement Income Security
Act of 1974 of that determination, and''.
(95) The table of subparts for part I of subchapter D of
chapter 1 is amended by striking the item relating to subpart C and
inserting the following:
``subpart c--insolvent plans''.
(96) Section 419A(c)(6)(B) is amended by striking ``(42 U.S.C.
300gg-91(d)(3))'' and inserting ``(42 U.S.C. 300gg-91(d)(3)))''.
(97) Section 420(c)(1)(A) is amended by striking ``subsection
(e)(1)(D)'' and inserting ``subsection (e)(1)(E)''.
(98) Section 424(g) is amended by striking ``section
422(a)(2)'' and inserting ``sections 422(a)(2)''.
(99) Section 430(c)(7)(E)(v)(II) is amended by inserting
``the'' after ``title I of''.
(100) Section 430(h)(2)(F) is amended by striking ``section
417(e)(3)(D)(i)'' and inserting ``section 417(e)(3)(D)''.
(101) Section 431(d)(2)(B)(i) is amended by striking ``this
Act'' and inserting ``the Pension Protection Act of 2006''.
(102) Section 432(b)(3)(A)(i) is amended by striking ``in
endangered status for such plan year'' and all that follows through
``, whether or not'' and inserting the following: ``in endangered
status for such plan year, or would be in endangered status for
such plan year but for paragraph (5), whether or not''.
(103) Section 432(b)(3)(B) is amended by redesignating the
clause (iv) relating to projections of critical and declining
status as clause (v).
(104) Section 432(b)(3)(D)(iv) is amended by inserting a comma
after ``Labor''.
(105) Section 432(e)(8)(C)(iii) is amended by striking ``the
Secretary shall'' and inserting ``The Secretary shall''.
(106) So much of the text of section 432(f)(3) as precedes
subparagraph (A) is amended to read as follows: ``During the period
beginning on the date of the certification under subsection
(b)(3)(A) for the initial critical year and ending on the date of
the adoption of a rehabilitation plan--''.
(107) Section 432(g)(1) is amended by striking ``subsection
(e)(9))'' and inserting ``subsection (e)(9)''.
(108) Section 433(c)(5)(C)(ii)(II) is amended by inserting ``of
such Act'' after ``title IV''.
(109)(A) The heading for section 433 is amended by inserting
``<SUP>for</SUP> csec</SUP> plans</SUP>'' after ``<SUP>funding</SUP>
standards</SUP>''.
(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
``<SUP>loss</SUP> disposition</SUP>'' and inserting ``<SUP>loss</SUP>
on</SUP> disposition</SUP>''.
(112) Section 457(f)(4)(C)(i) is amended--
(A) by striking ``section 9101'' and inserting ``section
8101'', and
(B) by striking ``7801),'' and inserting ``7801)),''.
(113) Section 457A(d)(4) is amended--
(A) by striking ``case a foreign'' and inserting ``case of
a foreign'', and
(B) by striking ``had been'' and inserting ``been''.
(114) Section 458(b)(9) is amended by striking ``Repurchased''
in the heading thereof and inserting ``Repurchase''.
(115) Section 458(c)(1) is amended by striking ``regulations
prescribed'' and inserting ``regulations prescribe''.
(116) Section 460(b)(2)(A) is amended by inserting a comma
after ``first''.
(117)(A) Section 461 is amended by redesignating the second
subsection (j) (relating to farming syndicate defined) as
subsection (k).
(B) Section 461(i)(4) is amended by striking ``subsection (j)''
and inserting ``subsection (k)''.
(118) The heading of section 464 is amended by inserting
``<SUP>expenses</SUP>'' after ``<SUP>farming</SUP>''.
(119) Section 464(d)(2)(B)(iii) is amended by striking
``subsection (c)(2)(E)'' and inserting ``section 461(k)(2)(E)''.
(120) Section 470(d)(2)(B) is amended by striking ``clause
(ii)'' and inserting ``subparagraph (A)(ii)''.
(121) The item relating to part VIII in the table of parts for
subchapter F of chapter 1 is amended to read as follows:
``Part VIII. Certain Savings Entities''.
(122) Section 501(c)(14)(B)(iv) is amended by adding a period
at the end.
(123) Section 501(c)(19)(B) is amended by striking ``widows,,''
and inserting ``widows,''.
(124) Section 501(f)(3)(B) is amended by striking ``section
115(a)'' and inserting ``section 115''.
(125) The item relating to section 511 in the table of sections
for part III of subchapter F of chapter 1 is amended to read as
follows:
``Sec. 511. Imposition of tax on unrelated business income of
charitable, etc., organizations.''.
(126) Section 512(b)(19)(H)(iii) is amended by striking
``clause (i)(II)'' and inserting ``clause (i)''.
(127) Section 529(c)(6) is amended by striking ``an Coverdell''
and inserting ``a Coverdell''.
(128) Section 529(e)(3)(A) is amended--
(A) by striking the semicolon at the end of clause (i) and
inserting a comma, and
(B) by adding ``, and'' at the end of clause (ii).
(129) Section 529A(d)(4) is amended by striking ``Achieving a
Better Life Experience Act of 2014'' and inserting ``Stephen Beck,
Jr., ABLE Act of 2014''.
(130) Section 529A(e)(4) is amended by striking ``subparagraph
section'' and inserting ``section''.
(131) Section 530(d)(9)(B) is amended by striking ``by the''
and inserting ``by''.
(132) Section 542(c)(5) is amended by striking the comma at the
end and inserting a semicolon.
(133) Section 542(c)(7) is amended by striking ``A small'' and
inserting ``a small''.
(134) Section 543(a)(2)(B)(ii) is amended by striking ``section
563(d)'' and inserting ``section 563(c)''.
(135) Section 543(d)(5)(A)(ii) is amended by striking ``section
563(d)'' and inserting ``section 563(c)''.
(136) Section 613A(c)(7)(B) is amended by striking
``taxpayers'' and inserting ``taxpayer's''.
(137) Section 642(c)(1) is amended by striking ``other then''
and inserting ``other than''.
(138) The item relating to section 661 in the table of sections
for subpart C of part I of subchapter J of chapter 1 is amended to
read as follows:
``Sec. 661. Deduction for estates and trusts accumulating income or
distributing corpus.''.
(139) Section 706(b)(5) is amended by striking ``section
584(h)'' and inserting ``section 584(i)''.
(140) Section 751(c) is amended by striking ``and, sections''
both places it appears and inserting ``and sections''.
(141) Section 807(e)(5)(A)(i) is amended by striking
``subparagraph (C)'' and inserting ``subparagraph (B)''.
(142) Section 831(c) is amended by striking ``section
816(a)).'' and inserting ``section 816(a).''.
(143) Section 832(b)(7)(E)(ii)(II) is amended by striking the
comma at the end and inserting a period.
(144) Section 852(a)(1)(B) is amended by striking ``265,'' and
inserting ``265 and''.
(145) Section 852(b)(2)(D) is amended by striking ``the
deduction'' and inserting ``The deduction''.
(146) Subparagraphs (A) and (B) of section 856(c)(7) are each
amended by striking ``paragraph (4)(B)(iii)'' and inserting
``paragraph (4)(B)(iv)''.
(147) Paragraphs (1), (3), (4), and (5) of section 856(m) are
each amended by striking ``subsection (c)(4)(B)(iii)'' and
inserting ``subsection (c)(4)(B)(iv)''.
(148) Section 857(b)(6)(J) is amended by striking ``section
856(c)(8)'' and inserting ``section 856(c)(10)''.
(149) Section 860(f)(2)(A)(ii) is amended by striking
``decreased'' and inserting ``decrease''.
(150) Section 860(i) is amended by striking ``willfull'' and
inserting ``willful''.
(151) Section 860G(a)(3)(A)(iii)(III) is amended by striking
the period at the end and inserting a comma.
(152) Section 864(d)(8) is amended by striking ``section
956(b)(3)'' and inserting ``section 956(c)(3)''.
(153) Section 877(d)(4)(B)(i) is amended by striking ``in 957''
and inserting ``in section 957''.
(154) Section 877A(g)(6) is amended by striking ``220(e)(4)''
and inserting ``220(f)(4)''.
(155) Section 897(a)(1)(A) is amended by striking ``section
871(B)(1)'' and inserting ``section 871(b)(1)''.
(156) The heading of section 897(k)(2) is amended by striking
``usrpi'' and inserting ``united states real property interest''.
(157) Section 904(d)(2)(B)(ii) is amended--
(A) by striking ``, except as provided in subparagraph
(E)(iii) or paragraph (3)(I),'', and
(B) by inserting ``subparagraph (E)(ii), or paragraph
(3)(H),'' after ``Except as provided in clause (iii),''
(158) Section 907(c)(3)(C) is amended by striking the period
after ``partnerships'' and inserting a comma.
(159) Section 907(f)(1) is amended by striking ``year,'' and
inserting ``years,''.
(160) Section 911(d)(8)(B)(i) is amended by striking ``(50
U.S.C. App. 1 et seq.)'' and inserting ``(50 U.S.C. 4301 et
seq.)''.
(161) Section 912(1)(B) is amended by striking ``(50 U.S.C.,
sec. 403e)'' and inserting ``(50 U.S.C. 3505)''.
(162) Section 956(c)(2)(E) is amended by striking ``which are
not contracts described in section 953(a)(1)'' and inserting
``which are contracts described in section 953(e)(2)''.
(163) Section 956(e) is amended by striking ``provisons'' and
inserting ``provisions''.
(164) Section 957(b) is amended by striking ``contracts
described in section 953(a)(1)'' and inserting ``contracts not
described in section 953(e)(2)''.
(165) The heading of section 993 is amended by inserting
``<SUP>and</SUP> special</SUP> rules</SUP>'' after
``<SUP>definitions</SUP>''.
(166) Section 1016(a)(3)(D) is amended by inserting ``as in
effect prior to its repeal by the Tax Reform Act of 1986'' before
``(or the corresponding provisions of prior income tax laws)''.
(167) Section 1033(h)(2) is amended by inserting ``is'' before
``located''.
(168) Section 1035(a)(1) is amended by striking ``; or'' and
inserting a semicolon.
(169) Section 1059(d)(3) is amended by striking ``; except
that'' and all that follows and inserting ``and there shall not be
taken into account any day which is more than 2 years after the
date on which such share becomes ex-dividend.''.
(170) Section 1092(a)(2)(B) is amended by striking ``with
respect other'' in the last sentence and inserting ``with respect
to other''.
(171) Section 1092(c)(4)(E) is amended by striking ``(other
than subparagraph (B) thereof)''.
(172) The item relating to section 1222 in the table of
sections for part III of subchapter P of chapter 1 is amended to
read as follows:
``Sec. 1222. Other terms relating to capital gains and losses.''.
(173) The item relating to section 1252 in the table of
sections for part IV of subchapter P of chapter 1 is amended to
read as follows:
``Sec. 1252. Gain from disposition of farm land.''.
(174) Section 1250(d)(3) is amended by striking ``paragraph
(9)'' and inserting ``paragraph (6)''.
(175) Section 1255(b)(2) is amended by striking ``170(e),'' and
inserting ``170(e)''.
(176)(A) Subparagraphs (B) and (C) of section 1256(e)(3) are
each amended by striking ``section 464(e)(2)'' and inserting
``section 461(k)(4)''.
(B) Section 1258(d)(5)(C) is amended by striking ``section
464(e)(2)'' and inserting ``section 461(k)(4)''.
(177) Section 1257(c)(1) is amended--
(A) by striking ``section 1201(4)'' and inserting ``section
1201(a)(7)'', and
(B) by striking ``16 U.S.C. 3801(4)'' and inserting ``16
U.S.C. 3801(7)''.
(178) Section 1257(c)(2) is amended--
(A) by striking ``section 1201(6)'' and inserting ``section
1201(a)(10)'', and
(B) by striking ``16 U.S.C. 3801(6)'' and inserting ``16
U.S.C. 3801(10)''.
(179) Section 1274(b)(3)(B)(i) is amended by striking ``section
6662(d)(2)(C)(iii)'' and inserting ``section 6662(d)(2)(C)(ii)''.
(180) Section 1276(a)(4) is amended by striking ``871(a),,''
and inserting ``871(a),''.
(181) Section 1278(b)(1) is amended by striking ``871(a),,''
and inserting ``871(a),''.
(182) Section 1286(f) is amended by striking ``and 305(e),''
and inserting ``and section 305(e),''.
(183) Section 1291(e) is amended by striking ``subsections (c)
and (d) (e),'' and inserting ``subsections (c), (d), and (e)''.
(184) Section 1298(b)(5)(B) is amended by striking ``section
951(f)'' and inserting ``section 951(c)''.
(185) Section 1298(d)(2)(A) is amended by striking ``section
1296(a)(2)'' and inserting ``section 1297(a)(2)''.
(186) Section 1298(e)(2)(B)(ii) is amended by striking
``provisons'' and inserting ``provisions''.
(187) Section 1355(f)(3) is amended by striking ``of which''
and inserting ``on which''.
(188) Section 1358(b)(1) is amended by striking ``section
1352(a)(2)'' and inserting ``section 1352(2)''.
(189) Section 1358(c)(2) is amended by striking ``an person's''
and inserting ``a person's''.
(190) Sections 1361(f)(2), 1362(d)(3)(C)(v), and 4975(d)(16)(A)
are each amended by striking ``1813(w)(1)),'' and inserting
``1813(w)(1))),''.
(191) Section 1362(f) is amended by striking ``may be during''
and inserting ``may be, during''.
(192) Section 1366(e) is amended by striking ``section
704(e)(3)'' and inserting ``section 704(e)(2)''.
(193) Section 1368(f)(2) is amended by striking ``in included''
and inserting ``is included''.
(194) Section 1391(g)(3)(E)(ii) is amended by striking
``Interior'' and inserting ``the Interior''.
(195) Section 1394(b)(3)(B)(i)(II) is amended by striking
``subsection'' and inserting ``subsections''.
(196) Section 1397C(d)(5)(B) is amended by striking
``subparagraphs (A) or (B)'' and inserting ``subparagraph (A) or
(B)''.
(197) Section 1402(a)(1) is amended--
(A) by striking ``section 1233(2)'' and inserting ``section
1233(a)(2)'', and
(B) by striking ``16 U.S.C. 3833(2)'' and inserting ``16
U.S.C. 3833(a)(2)''.
(198) Section 1402(b) is amended by striking ``3211,.'' and
inserting ``3211.''.
(199) The heading of section 1446 is amended by striking
``<SUP>withholding</SUP> tax</SUP>'' in the heading and inserting
``<SUP>withholding</SUP> of</SUP> tax</SUP>''.
(200) Section 2031(c)(1) is amended by striking all that
follows subparagraph (A) and inserting the following:
``(B) $500,000.''.
(201) Section 2031(c)(2) is amended by striking ``paragraph
(5)).'' and inserting ``paragraph (5))).''.
(202) Section 2055(e)(3)(G) is amended by striking
``subparagraph (J)'' and inserting ``subparagraph (J))''.
(203) Section 2106(a)(4) is amended by inserting ``section''
before ``2058(a)''.
(204) Section 2522(c)(1) is amended by striking ``to of for''
and inserting ``to or for''.
(205) Section 2523(g)(1) is amended by striking ``noncharitable
beneficiary'' and inserting ``beneficiary who is not a charitable
beneficiary''.
(206) Section 2523(g)(2) is amended by striking
``noncharitable'' and inserting ``charitable''.
(207) Section 3101(a) is amended by adding a period at the end.
(208) Section 3111(e)(5)(B) is amended by inserting ``the''
before ``meaning''.
(209) Section 3121(b)(5)(B)(i)(V) is amended by striking
``section 105(e)(2)'' and inserting ``section 104(e)(2)''.
(210) Section 3121(b)(5)(H)(i) is amended by striking ``1997''
and inserting ``1997,''.
(211) Section 3304(a)(4)(G)(ii) is amended by striking
``section 6402(f)(4)(B)'' and inserting ``section 6402(f)(4)(C)''.
(212) Section 3306(b)(5)(F) is amended by striking the
semicolon at the end and inserting a comma.
(213) Section 3306(c)(19) is amended by striking ``Service''
and inserting ``service''.
(214) Section 3306(u) is amended by striking ``25 U.S.C.
450b(e)'' and inserting ``25 U.S.C. 5304(e)''.
(215) Section 3306(v) is amended by striking ``this part'' and
inserting ``this section''.
(216) Section 3309(d) is amended by striking ``25 U.S.C.
450b(e)'' and inserting ``25 U.S.C. 5304(e)''.
(217)(A) Paragraphs (1), (2), (3), (4)(B), (5), (6),
(8)(A)(ii), (8)(B), (8)(D), (9), (10)(B), (11), (12)(A), (12)(B),
(12)(C), (13), (14), and (15) of section 3401(a) are each amended
by striking ``; or'' at the end and inserting a comma.
(B) Paragraphs (4)(A), (8)(A)(i), (8)(C), (10)(A), (12)(D), and
(22) of section 3401(a) are each amended by striking ``; or'' at
the end and inserting ``, or''.
(C) Section 3401(a)(12)(E) is amended by striking ``, or'' at
the end and inserting a comma.
(D) Paragraphs (16)(A), (16)(B), (17), (18), (19), (20), and
(21) of section 3401(a) are each amended by striking the semicolon
at the end and inserting a comma.
(218) Section 3509(d)(1)(C) is amended by striking ``sections''
and inserting ``section''.
(219) Section 4051(a)(3) is amended by striking ``Secretary.''
and inserting ``Secretary).''.
(220) Section 4104(a)(1) is amended by striking ``section'' and
inserting ``sections''.
(221) Section 4221(a) is amended by striking ``section 4051,''
and inserting ``section 4051''.
(222) The item relating to part III in the table of parts for
subchapter C of chapter 33 is amended by striking ``relating'' and
inserting ``applicable''.
(223) Section 4612(e)(2)(B)(ii)(I) is amended by striking
``tranferred'' and inserting ``transferred''.
(224) Section 4958(f)(1)(D) is amended by striking the period
at the end and inserting a comma.
(225) Section 4971(b) is amended by striking ``minimum required
contribution,'' and all that follows through ``whichever is
applicable'' and inserting the following: ``minimum required
contribution, accumulated funding deficiency, or CSEC accumulated
funding deficiency, whichever is applicable''.
(226) Section 4971(c)(3) is amended by striking ``applicable
and'' and inserting ``applicable, and''.
(227) Section 4971(f) is amended by striking ``applicable for''
and inserting ``applicable, for''.
(228) Section 4971(g)(4)(C)(ii) is amended by striking
``section 432(i)(9)'' and inserting ``section 432(j)(9)''.
(229) Section 4975(d)(3) is amended by striking ``an
leveraged'' and inserting ``a leveraged''.
(230) Section 4975(d)(17) is amended by striking ``Any'' and
inserting ``any''.
(231) Section 4975(d)(21) is amended by striking ``person
person'' and inserting ``person''.
(232) Section 4975(f)(8)(C)(iv)(II) is amended by inserting
``subsection'' before ``(d)(17)(A)(ii)''.
(233) Section 4975(f)(8)(F)(i)(I) is amended by striking
``adviser,'' and inserting ``adviser''.
(234) Section 4975(f)(8)(F)(i)(V) is amended by inserting
``of'' before ``the manner''.
(235) Section 4980B(f)(1) is amended by striking ``section 2162
of the Public Health Service Act'' and inserting ``section
1928(h)(6) of the Social Security Act (42 U.S.C. 1396s(h)(6))''.
(236) Section 4980B(f)(5)(C)(iii) is amended by striking
``section 2701(c)(2)'' and inserting ``section 2704(c)(2)''.
(237) Section 4980I(b)(3)(C)(iv) is amended by striking the
comma at the end and inserting a period.
(238) Section 4980I(b)(3)(C)(v) is amended by striking ``for
for'' and inserting ``for''.
(239) Section 5054(a)(3)(B) is amended by striking ``sections''
and inserting ``section''.
(240) Section 5066(d) is amended by striking ``section
5001(a)(5)'' and inserting ``section 5001(a)(4)''.
(241) The item relating to subpart C in the table of subparts
for part II of subchapter A of chapter 51 is amended to read as
follows:
``subpart c. recordkeeping and registration by dealers''.
(242) The item relating to section 5178 in the table of
sections for subchapter B of chapter 51 is amended to read as
follows:
``Sec. 5178. Premises of distilled spirits plants.''.
(243) Section 5182 is amended by striking ``section 5112'' and
inserting ``section 5121''.
(244) Section 5273(e)(2) is amended by striking ``section
5001(a)(6)'' and inserting ``section 5001(a)(5)''.
(245) Section 5314(a)(2) is amended by striking ``section
5001(a)(10)'' and inserting ``section 5001(a)(9)''.
(246) Section 5392(f) is amended by striking ``section
17(a)(5)'' and inserting ``section 117(a)(5)''.
(247) Section 5512 is amended by striking ``section
5001(a)(7)'' and inserting ``section 5001(a)(6)''.
(248) Section 5601(a)(15) is amended by striking ``Withdraws,''
and inserting ``withdraws,''.
(249) The heading of section 5603 is amended by inserting a
comma after ``<SUP>returns</SUP>''.
(250) Section 5701(e) is amended by striking ``manufacturered''
and inserting ``manufactured''.
(251) The item relating to section 5847 in the table of
sections for part I of subchapter B of chapter 53 is amended to
read as follows:
``Sec. 5847. Effect on other laws.''.
(252) Section 5847 is amended by striking ``section 414 of the
Mutual Security Act of 1954'' and inserting ``section 38 of the
Arms Export Control Act (22 U.S.C. 2778)''.
(253) The item relating to section 5852 in the table of
sections for part II of subchapter B of chapter 53 is amended to
read as follows:
``Sec. 5852. General transfer and making tax exemption.''.
(254) The item relating to section 5853 in the table of
sections for part II of subchapter B of chapter 53 is amended to
read as follows:
``Sec. 5853. Transfer and making tax exemption available to certain
governmental entities.''.
(255) Section 6012(a)(6) is amended by striking ``and'' at the
end.
(256) Section 6012(a)(7) is amended by striking the period at
the end and inserting ``; and''.
(257) Section 6012(a)(8) is amended by striking ``section
63(c)(2)(D).'' and inserting ``section 63(c)(2)(C);''.
(258) Section 6033(b)(15) is amended by striking the period at
the end and inserting ``, and''.
(259) Section 6039(d)(2) is amended to read as follows:
``(2) the term `employee stock purchase plan', see section
423(b).''.
(260) The table of sections for subpart B of part III of
subchapter A of chapter 61 is amended by inserting after the item
relating to section 6041 the following new item:
``Sec. 6041A. Returns regarding payments of remuneration for services
and direct sales.''.
(261) The item relating to section 6050I in the table of
sections for subpart B of part III of subchapter A of chapter 61 is
amended to read as follows:
``Sec. 6050I. Returns relating to cash received in trade or business,
etc.''.
(262) The item relating to section 6050W in the table of
sections for subpart B of part III of subchapter A of chapter 61 is
amended to read as follows:
``Sec. 6050W. Returns relating to payments made in settlement of payment
card and third party network transactions.''.
(263) Section 6050H(h)(3)(B)(i) is amended by striking ``Rural
Housing Administration'' and inserting ``Rural Housing Service''.
(264) Section 6058(e) is amended by striking paragraph (1) and
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2),
respectively.
(265) Section 6059(b)(3)(B) is amended--
(A) by striking ``the requirements'' and inserting ``that
the requirements'', and
(B) by striking the period at the end and inserting a
comma.
(266) Section 6091(b)(2)(B)(ii) is amended by striking ``and''
at the end.
(267) Section 6103(l)(7) is amended by striking ``of 1977'' in
the heading thereof.
(268) Section 6103(l)(10)(A) is amended by striking ``request
made under subsection (f)(5)'' and inserting ``notice submitted
under subsection (f)(5)(C)''.
(269) Section 6103(l)(10) is amended by striking so much of
subparagraph (B) as precedes ``Any'' and inserting the following:
``(B) Restriction on use of disclosed information.--(i)''.
(270) Section 6103(l)(16)(A) is amended by striking
``subsection 6103(b)(6)'' and inserting ``section 6103(b)(6)''.
(271) Section 6103(p)(3)(A) is amended by striking
``subsections'' and inserting ``subsection''.
(272) Section 6103(p)(3)(C)(ii) is amended by striking the
comma at the end and inserting a period.
(273) Section 6103(p)(4) is amended by striking ``7(A)(ii)'' in
the matter preceding subparagraph (A) and inserting ``(7)(A)(ii)''.
(274) Section 6103(p)(4)(F)(ii) is amended--
(A) by striking ``subsections'' and inserting
``subsection'', and
(B) by striking ``subsection (l)(21),,,'' and inserting
``subsection (l)(21),''.
(275) Section 6103(p)(4) is amended by striking ``subsection
(l)(21),,'' both places it appears in the flush matter at the end
and inserting ``subsection (l)(21),''.
(276) Section 6109(f) is amended by striking ``of 1977'' in the
heading thereof.
(277) Section 6213(g)(2)(O) is amended by adding a comma at the
end.
(278) Section 6213(g)(2)(P) is amended--
(A) by striking ``section 24(h)(2)'' and inserting
``section 24(g)(2)'', and
(B) by striking ``subsection (h)(1)'' and inserting
``subsection (g)(1)''.
(279) Section 6302(e)(2)(A) is amended by striking ``sections''
and inserting ``section''.
(280) Section 6311(d)(3)(D) is amended--
(A) by striking ``section 103(f)'' and inserting ``section
103(g)'', and
(B) by striking ``1602(f)'' and inserting ``1602(g)''.
(281) Section 6330(c) is amended by striking ``subsection
(d)(2)(B)'' in the last sentence and inserting ``subsection
(d)(3)(B)''.
(282) Section 6330(d)(2) is amended by striking ``, and'' at
the end and inserting a period.
(283) Section 6334(a)(10)(A) is amended by striking ``V,,'' and
inserting ``V,''.
(284) Section 6342(a) is amended by striking ``subsection
(c)(2)'' and inserting ``subsection (d)(2)''.
(285) Section 6402(a) is amended by striking ``(f) refund'' and
inserting ``(f), refund''.
(286) Section 6402(c) is amended by striking ``of of'' and
inserting ``of''.
(287) Section 6402(d)(2) is amended by striking ``section
402(a)(26) of the Social Security Act'' and inserting ``section
408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(3))''.
(288) Section 6404(g)(2)(E) is amended by striking ``section
6664(d)(2)(A)'' and inserting ``section 6664(d)(3)(A)''.
(289) Section 6420(i)(4) is amended by striking ``State and''
and inserting ``State (and''.
(290) Section 6421(c) is amended by striking ``(4) (5)'' and
inserting ``(4), (5)''.
(291) Section 6421(j)(3) is amended by striking ``State and''
and inserting ``State (and''.
(292) Section 6422 is amended--
(A) by striking paragraph (7),
(B) by redesignating paragraphs (8) through (12) as
paragraphs (7) through (11), respectively, and
(C) by striking ``for credit'' in paragraph (10) as so
redesignated and inserting ``For credit''.
(293) Section 6425(c)(1)(A) is amended by striking ``The sum''
and inserting ``the sum''.
(294) Section 6426(b)(2)(A)(ii) is amended by striking
``cents..'' and inserting ``cents.''.
(295) Section 6501(m) is amended by striking ``any election''
and all that follows through ``(or any'' and inserting the
following: ``any election under section 30B(h)(9), 30C(e)(4),
30D(e)(4), 35(g)(11), 40(f), 43, 45B, 45C(d)(4), 45H(g), or 51(j)
(or any''.
(296) Section 6503(a)(1) is amended by striking ``section
6230(a)).'' and inserting ``section 6230(a))''.
(297) Section 6612(c) is amended--
(A) by inserting ``sections'' before ``2014(e)'', and
(B) by striking ``and 6420'' and inserting ``6420''.
(298) The item relating to section 6651 in the table of
sections for part I of subchapter A of chapter 68 is amended to
read as follows:
``Sec. 6651. Failure to file tax return or to pay tax.''.
(299) Each of the following sections are amended by inserting
``an amount equal to'' after ``increased by'' and by inserting
``for the calendar year'' after ``section 1(f)(3)'':
(A) Section 6651(i).
(B) Section 6652(c)(7)(A).
(C) Section 6695(h)(1).
(D) Section 6698(e)(1).
(E) Section 6699(e)(1).
(F) Section 6721(f)(1).
(G) Section 6722(f)(1).
(300) Section 6652(e) is amended by striking ``section
6724(d)(2)(Y)'' in the last sentence and inserting ``section
6724(d)(2)(AA)''.
(301) Section 6654(a) is amended by striking ``chapter 1 the
tax'' and inserting ``chapter 1, the tax''.
(302) Section 6654(f)(3) is amended by striking ``taxes'' and
inserting ``tax''.
(303) Section 6662(d)(3) is amended by striking ``section
6664(d)(2)'' and inserting ``section 6664(d)(3)''.
(304) Section 6662 is amended by moving subsection (i) before
subsection (j).
(305) The heading of section 6676(c) is amended by striking
``Reasonable Basis'' and inserting ``Reasonable Cause''.
(306) The item relating to section 6684 in the table of
sections for part I of subchapter B of chapter 68 is amended to
read as follows:
``Sec. 6684. Assessable penalties with respect to liability for tax
under chapter 42.''.
(307) The item relating to section 6686 in the table of
sections for part I of subchapter B of chapter 68 is amended to
read as follows:
``Sec. 6686. Failure to file returns or supply information by DISC or
former FSC.''.
(308) Section 6679(a)(1) is amended by striking ``section 6046
and 6046A'' and inserting ``section 6046 or 6046A''.
(309) Section 6695(h)(2) is amended by striking ``subparagraph
(A)'' and inserting ``paragraph (1)''.
(310) Section 6695(h)(2)(B) is amended by striking ``clause
(i)'' and inserting ``subparagraph (A)''.
(311) Section 6696(a) is amended by striking ``section 6694,''
and inserting ``sections 6694,''.
(312) Section 6696(d)(1) is amended by striking ``section
6695,'' and inserting ``6695,''.
(313) Section 6698(b)(2) is amended by adding a period at the
end.
(314) Section 6700(a) is amended by striking ``the $1,000'' and
inserting ``$1,000''.
(315) Section 6724(d)(1)(B)(xx) is amended by striking ``or''
at the end.
(316) Section 6724(d)(1)(B)(xxi) is amended by striking ``and''
at the end.
(317) Section 6724(d)(1) is amended by striking ``Such term
also includes'' and inserting the following:
``Such term also includes''.
(318) Section 6724(d)(2)(F) is amended by striking the period
at the end and inserting a comma.
(319) Section 6724(d)(2)(M) is amended by striking ``(h)(2)
relating'' and inserting ``(h)(2) (relating''.
(320) Section 6724(d)(2)(DD) is amended by adding a comma at
the end.
(321) Section 6863(a) is amended by striking ``6852,,'' and
inserting ``6852,''.
(322) Section 6901(a)(1)(B) is amended by striking ``Code in''
and inserting ``Code, in''.
(323) Section 7275(b)(2) is amended by striking ``taxes,
shall'' and inserting ``taxes,''.
(324) Section 7421(b)(2) is amended by striking ``Code in'' and
inserting ``Code, in''.
(325)(A) Subsections (e) and (i) of section 7422 and sections
3121(b)(5)(E), 6110(j)(1)(B), 7428(a), and 7430(c)(6) are each
amended by striking ``United States Claims Court'' and inserting
``United States Court of Federal Claims''.
(B) Subsections (a), (b), and (c)(1)(C)(iii) of section 7428
are each amended by striking ``Claims Court'' and inserting ``Court
of Federal Claims''.
(C) The heading of section 4961(c)(1) is amended by striking
``united states claims court'' and inserting ``united states court
of federal claims''.
(D) Section 6672(c)(2) is amended by striking ``Court of
Claims'' and inserting ``Court of Federal Claims''.
(326) The item relating to section 7448 in the table of
sections for part I of subchapter C of chapter 76 is amended to
read as follows:
``Sec. 7448. Annuities to surviving spouses and dependent children of
judges and special trial judges.''.
(327) Section 7448(j)(1)(A) is amended by striking ``Code,),''
and inserting ``Code),''.
(328) Section 7448(m) is amended by striking ``Code,'' and
inserting ``Code),''.
(329) Section 7454(b) is amended by striking ``4955),,'' and
inserting ``4955),''.
(330) Section 7654(d)(1) is amended by striking ``50 App.
U.S.C. 501 et seq.'' and inserting ``50 U.S.C. 3901 et seq.''.
(331) Section 7701(a)(36)(B) is amended by striking ``an `tax''
and inserting ``a `tax''.
(332) Section 7701(e)(5)(B) is amended by striking
``Reconcilation'' and inserting ``Reconciliation''.
(333) Section 7801(a)(2)(B) is amended--
(A) by striking ``this Act'' and inserting ``the Homeland
Security Act of 2002'', and
(B) by striking ``effective date of the Homeland Security
Act of 2002'' and inserting ``effective date of such Act''.
(334) Section 7809(c)(1) is amended by striking ``Work'' and
inserting ``work''.
(335) Section 7851(a)(1)(A) is amended by striking ``, 4''.
(336) Section 7851(a)(1)(B) is amended by striking ``Chapters 3
and 5'' and inserting ``Chapter 3''.
(337) Section 7871(c)(3)(D)(ii)(II) is amended by striking
``calender'' and inserting ``calendar''.
(338) Section 9003(b)(2) is amended by striking ``section
9006(d)'' and inserting ``section 9006(c)''.
(339) Section 9011(b)(1) is amended by striking ``contrue'' and
inserting ``construe''.
(340) Section 9502(d)(2) is amended by striking ``farms,'' and
inserting ``farms),''.
(341) Section 9503(c)(5) is amended by striking ``and before
October 1, 2011,''.
(342) Section 9508(c)(1) is amended by striking ``the Public''
and inserting ``Public''.
(343) Section 9701(a)(4) is amended by striking ``section
9713A'' and inserting ``section 9712''.
(344) Section 9704(d)(2)(B) is amended by striking ``1232)),''
and inserting ``1232),''.
(345) Section 9705(b)(1) is amended by striking ``1232(h)'' and
inserting ``1232''.
(346) Section 9705(b)(2) is amended by striking ``Acts'' and
inserting ``Act''.
(347) Section 9711(c)(4)(B) is amended by striking ``paragraph
(4)(C)'' and inserting ``paragraph (3)(C)''.
(348) Section 9712(a)(4)(A) is amended by inserting ``section
402 of'' after ``subsections (h) and (i) of''.
(349) Section 9812(a)(3)(B)(i) is amended by striking the comma
at the end and inserting a period.
(350) Section 302 of division P of the Consolidated
Appropriations Act, 2016 is amended--
(A) in subsection (a), by inserting ``of the Internal
Revenue Code of 1986'' after ``section 48(a)(5)(C)'', and
(B) in subsection (b), by inserting ``of such Code'' after
``section 48(a)''.
(351) Section 32103(a) of the Fixing America's Surface
Transportation Act is amended by striking ``section 52106'' and
inserting ``section 32102''.
(352) Section 7518(i) is amended--
(A) by striking ``section 607(k) of the Merchant Marine
Act, 1936'' and inserting ``chapter 535 of title 46, United
States Code,'', and
(B) by striking ``such section 607(k)'' and inserting
``such chapter''.
(b) General Deadwood-related Provisions.--
(1) Section 25A(c)(1) is amended by striking ``($5,000 in the
case of taxable years beginning before January 1, 2003)''.
(2) Section 26(b)(2) is amended by striking subparagraph (P).
(3) Section 30C(e) is amended by striking paragraph (6) and
redesignating paragraph (7) as paragraph (6).
(4) Section 32(l) is amended by striking ``, and any payment
made to such individual (or such spouse) by an employer under
section 3507,''.
(5)(A) Section 38(c)(5) is amended--
(i) by striking all that precedes subparagraph (C) thereof
and inserting the following:
``(5) Rules related to eligible small businesses.--'',
(ii) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively, and
(iii) by amending subparagraph (B) (as so redesignated) to
read as follows:
``(B) Treatment of partners and s corporation
shareholders.--For purposes of paragraph (4)(B)(ii), any credit
determined under section 41 with respect to a partnership or S
corporation shall not be treated as a specified credit by any
partner or shareholder unless such partner or shareholder meets
the gross receipts test under subparagraph (A) for the taxable
year in which such credit is treated as a current year business
credit.''.
(B) Section 38(c)(2)(A)(ii)(II) is amended by striking ``the
eligible small business credits,''.
(C) Section 38(c)(4)(A)(ii)(II) is amended by striking ``the
eligible small business credits and''.
(D) Section 38(c)(4)(B)(ii) is amended by striking ``(as
defined in paragraph (5)(C), after application of rules similar to
the rules of paragraph (5)(D))'' and inserting ``(as defined in
paragraph (5)(A) after application of the rules of paragraph
(5)(B))''.
(E) Section 39(a) is amended by striking paragraph (4).
(F) Section 39(a)(3)(A) is amended by striking ``or the
eligible small business credits''.
(6) Section 41(c)(4)(A), as amended by the preceding provisions
of this Act, is amended by striking ``(12 percent in the case of
taxable years ending before January 1, 2009)''.
(7) Section 56(b)(1)(E) is amended by striking the last
sentence.
(8) Section 56(d)(1)(A)(ii)(I) is amended by inserting ``(as in
effect before its repeal by the Tax Increase Prevention Act of
2014)'' after ``section 172(b)(1)(H)''.
(9) Section 126(a) is amended by striking paragraph (7) and by
redesignating paragraphs (8) and (9) as paragraphs (7) and (8),
respectively.
(10)(A) Section 139(c)(2) is amended by striking ``section
165(h)(3)(C)(i)'' and inserting ``section 165(i)(5)(A)''.
(B) Section 7508A(a) is amended by striking ``section
165(h)(3)(C)(i)'' and inserting ``section 165(i)(5)(A)''.
(11) Section 140(a) is amended by striking paragraph (2) and by
redesignating paragraphs (3) through (6) as paragraphs (2) through
(5), respectively.
(12) Section 163(d)(4) is amended by striking subparagraph (E).
(13)(A) Section 168 is amended by striking subsection (n).
(B) The amendment made by this paragraph shall not apply to
property placed in service before the date of the enactment of this
Act.
(14) Section 170(e)(3) is amended by striking subparagraph (D)
and redesignating subparagraph (E) as subparagraph (D).
(15)(A) Section 179 is amended by striking subsection (e) and
redesignating subsection (f) as subsection (e).
(B) Section 179(d)(1)(B)(ii) is amended by striking
``subsection (f)'' and inserting ``subsection (e)''.
(C) The amendments made by this paragraph shall not apply to
property placed in service before the date of the enactment of this
Act.
(16) Section 196(d) is amended--
(A) by striking ``in the case of--'' and all that follows
and inserting ``in the case of the investment credit determined
under section 46 (other than the rehabilitation credit).'', and
(B) by striking ``and Research Credit'' in the heading
thereof.
(17) Section 246A(b)(1) is amended by striking ``without regard
to section 243(d)(4)''.
(18) Section 381(c)(16) is amended by striking the second
sentence.
(19) Section 411(a)(3)(F)(i) is amended by striking ``under
section 418D or''.
(20) Section 415(g) is amended by striking ``subsection
(f)(3)'' and inserting ``subsection (f)(2)''.
(21)(A) Section 419(e)(3)(A) is amended by striking ``(17), or
(20)'' and inserting ``or (17)''.
(B) Section 419A(g)(1) is amended by striking ``(17), or (20)''
and inserting ``or (17)''.
(C) Section 419A(g)(2) is amended by striking ``(17), or (20)''
and inserting ``or (17)''.
(D) Section 505 is amended--
(i) in the heading thereof, by striking ``<SUP>paragraph</SUP>
(9),</SUP> (17),</SUP> or</SUP> (20)</SUP>'' and inserting
``<SUP>paragraph</SUP> (9)</SUP> or</SUP> (17)</SUP>'',
(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''.
(32)(A) Section 1252(a)(1) is amended by striking ``during a
taxable year beginning''.
(B) Section 1252(a)(1)(A) is amended--
(i) by striking ``sections'' and inserting ``section'', and
(ii) by striking ``and 182'' and all that follows through
``for expenditures'' and inserting ``for expenditures''.
(C) Section 1252(a)(2) is amended--
(i) by striking ``sections'' and inserting ``section'', and
(ii) by striking ``or 182'' and all that follows and
inserting a period.
(33) Section 1374(d)(2)(B) is amended by striking the last
sentence.
(34) Section 3111 is amended by striking subsection (d).
(35) Section 3127(b)(3) is amended by striking ``or 222(b)''.
(36) Section 3221 is amended by striking subsection (c) and by
redesignating subsection (d) as subsection (c).
(37) Section 3301 is amended by striking ``equal to--'' and all
that follows and inserting ``equal to 6 percent of the total wages
(as defined in section 3306(b)) paid by such employer during the
calendar year with respect to employment (as defined in section
3306(c)).''.
(38) Section 3302(c)(2) is amended by striking the next to last
sentence.
(39) Section 3302(f)(2) is amended--
(A) by striking ``(or, for purposes of applying this
subparagraph to taxable year 1983, September 30, 1981)'' in
subparagraph (D), and
(B) by striking the last sentence.
(40) Section 4042(b)(1) is amended by adding ``and'' at the end
of subparagraph (A), by striking ``, and'' at the end of
subparagraph (B) and inserting a period, and by striking
subparagraph (C).
(41) Section 4042(b)(2) is amended by striking subparagraph
(C).
(42) Section 4261(b)(1) is amended by striking ``a tax in the
amount'' and all that follows and inserting ``a tax in the amount
of $3.00.''.
(43) Section 4481(d) is amended to read as follows:
``(d) One Tax Liability Per Period.--To the extent that the tax
imposed by this section is paid with respect to any highway motor
vehicle for any taxable period, no further tax shall be imposed by this
section for such taxable period with respect to such vehicle.''.
(44) Section 4971(d) is amended by striking the last sentence.
(45) Section 6050G(a)(2) is amended by striking ``(to the
extent not previously taken into account under section 72(d)(1))''.
(46) Section 6215(b) is amended by striking paragraph (5) and
by redesignating paragraphs (6) and (7) as paragraphs (5) and (6),
respectively.
(47) Section 6601(b) is amended by striking paragraph (2) and
by redesignating paragraphs (3) through (5) as paragraphs (2)
through (4), respectively.
(48) Section 6654(d)(1)(C)(i) is amended by striking ``by
substituting'' and all that follows and inserting ``by substituting
`110 percent' for `100 percent'.''.
(49) Section 6654(d)(1) is amended by striking subparagraph
(D).
(50) Part II of subchapter C of chapter 75 is amended by
striking section 7326 (and by striking the item relating to such
section in the table of sections for such part).
(51) Section 7448(a)(5) is amended by striking ``, whether or
not performing judicial duties under section 7443B''.
(52) Section 7448(a)(6) is amended by striking ``, and
compensation received under section 7443B''.
(53) Section 7448(d) is amended by striking ``at 4 percent per
annum to December 31, 1947, and 3 percent per annum thereafter''
and inserting ``at 3 percent per annum''.
(54) Section 7701(a)(19)(A) is amended by striking ``either
(i)'' and all that follows through ``(ii)''.
(55) Section 7701(a)(32)(A) is amended to read as follows:
``(A) is subject by law to supervision and examination by
State or Federal authority having supervision over such
institutions, and''.
(56) Section 8021 is amended by striking subsection (f).
(57) Section 8022(3) is amended by striking subparagraph (C).
(c) Repeal of Certain Obsolete Bond Provisions.--
(1) Certain rules with respect to bonds issued before july 2,
1982.--
(A) Section 1271 is amended--
(i) by striking subsection (c) and by redesignating
subsection (d) as subsection (c), and
(ii) by striking ``(and paragraph (2) of subsection
(c))'' in subsection (a)(2)(B).
(B) Section 1272 is amended by striking subsection (b) and
by redesignating subsections (c) and (d) as subsections (b) and
(c), respectively.
(C) Section 163(e)(1) is amended by striking ``In the case
of any debt instrument issued after July 1, 1982, the portion
of the original issue discount with respect to such debt
instrument which is'' and inserting ``The portion of the
original issue discount with respect to any debt instrument
which is''.
(D) Section 1271(a)(2)(A)(ii) is amended by striking
``subsection (a)(7) or (b)(4) of section 1272'' and inserting
``section 1272(a)(7)''.
(E) Section 1271(b)(1) is amended to read as follows:
``(1) In general.--This section shall not apply to any
obligation issued by a natural person before June 9, 1997.''.
(F) Section 1272(a) is amended--
(i) by striking ``on Debt Instruments Issued After July
1, 1982,'' in the heading, and
(ii) by striking ``issued after July 1, 1982'' in
paragraph (1).
(G) Section 1278(a)(4)(B) is amended by striking ``or
(b)(4)''.
(H) The amendments made by this paragraph shall apply to
debt instruments issued on or after July 2, 1982.
(2) Certain rules with respect to stripped bonds purchased
before july 2, 1982.--
(A) Section 1286, as amended by this section, is amended by
striking subsection (c) and by redesignating subsections (d),
(e), (f), and (g) as subsections (c), (d), (e), and (f),
respectively.
(B) Subsections (a) and (b) of section 1286 are each
amended by striking ``after July 1, 1982,''.
(C) Section 1286(d)(5), as redesignated by subparagraph
(A), is amended by striking the last sentence.
(D) Section 305(e)(7) is amended by striking ``1286(f)''
and inserting ``1286(e)''.
(E) The amendments made by this paragraph shall apply to
bonds purchased on or after July 2, 1982.
(3) Certain rules with respect to obligations issued before
march 2, 1984.--
(A) Section 1272(a)(2) is amended by striking subparagraph
(D) and by redesignating subparagraph (E) as subparagraph (D).
(B) Section 163(e)(4) is amended to read as follows:
``(4) Exception.--This subsection shall not apply to any debt
instrument described in section 1272(a)(2)(D) (relating to loans
between natural persons).''.
(C) The amendments made by this paragraph shall apply to
obligations issued on or after March 2, 1984.
(d) Deadwood Provisions Involving Repeal of One or More Sections.--
(1) Puerto rico economic activity credit; puerto rico and
possession tax credit.--
(A) Possession tax credit.--Section 27 is amended to read
as follows:
``SEC. 27. TAXES OF FOREIGN COUNTRIES AND POSSESSIONS OF THE UNITED
STATES.
``The amount of taxes imposed by foreign countries and possessions
of the United States shall be allowed as a credit against the tax
imposed by this chapter to the extent provided in section 901''.
(B) Puerto rico economic activity credit.--Subpart C of
part IV of subchapter A of chapter 1 is amended by striking
section 30A (and by striking the item relating to such section
in the table of sections for such subpart).
(C) Puerto rico and possession tax credit.--Subpart C of
part III of subchapter N of chapter 1 is amended by striking
section 936 (and by striking the item relating to such section
in the table of sections for such subpart).
(D) Conforming amendments.--
(i) The item relating to section 27 in the table of
sections for subpart B of part IV of subchapter A of
chapter 1 is amended to read as follows:
``Sec. 27. Taxes of foreign countries and possessions of the United
States.''.
(ii) Sections 26(a)(1), 59(a)(1), 469(c)(3)(B), and
469(d)(2)(A)(ii) are each amended by striking ``27(a)'' and
inserting ``27''.
(iii) Section 45C(d)(2) is amended--
(I) by striking subparagraph (B),
(II) by redesignating clauses (i) and (ii) of
subparagraph (A) as subparagraphs (A) and (B),
respectively, and moving such subparagraphs (as so
redesignated) 2 ems to the left, and
(III) by striking ``In general.--'' and all that
precedes it and inserting the following:
``(2) Special limitations on foreign testing.--''.
(iv) Section 168(g)(4)(G) is amended by striking
``(other than a corporation which has an election in effect
under section 936)''.
(v) Section 243(b)(1)(B) is amended to read as follows:
``(B) if such dividend is distributed out of the earnings
and profits of a taxable year of the distributing corporation
which ends after December 31, 1963, and on each day of which
the distributing corporation and the corporation receiving the
dividend were members of such affiliated group.''.
(vi) Section 246 is amended by striking subsection (e).
(vii) Section 338(h)(6)(B)(i) is amended by striking
``, a DISC, or a corporation to which an election under
section 936 applies'' and inserting ``or a DISC''.
(viii)(I) Section 367(d) is amended by adding at the
end the following new paragraph:
``(4) Intangible property.--For purposes of this subsection,
the term `intangible property' means any--
``(A) patent, invention, formula, process, design, pattern,
or know-how,
``(B) copyright, literary, musical, or artistic
composition,
``(C) trademark, trade name, or brand name,
``(D) franchise, license, or contract,
``(E) method, program, system, procedure, campaign, survey,
study, forecast, estimate, customer list, or technical data,
``(F) goodwill, going concern value, or workforce in place
(including its composition and terms and conditions
(contractual or otherwise) of its employment), or
``(G) other item the value or potential value of which is
not attributable to tangible property or the services of any
individual.''.
(II) Section 367(d)(1) is amended by striking ``(within
the meaning of section 936(h)(3)(B))''.
(III) Sections 482 and 1298(e)(2)(A) are each amended
by striking ``section 936(h)(3)(B)'' and inserting
``section 367(d)(4)''.
(ix) Section 861(a)(2)(A) is amended by striking
``other than a corporation which has an election in effect
under section 936''.
(x) Section 864(d)(5) is amended to read as follows:
``(5) Certain provisions not to apply.--The following
provisions shall not apply to any amount treated as interest under
paragraph (1) or (6):
``(A) Section 904(d)(2)(B)(iii)(I) (relating to exceptions
for export financing interest).
``(B) Subparagraph (A) of section 954(b)(3) (relating to
exception where foreign base company income is less than 5
percent or $1,000,000).
``(C) Subparagraph (B) of section 954(c)(2) (relating to
certain export financing).
``(D) Clause (i) of section 954(c)(3)(A) (relating to
certain income received from related persons).''.
(xi) Section 865(j)(3) is amended by striking ``, 933,
and 936'' and inserting ``and 933''.
(xii) Section 901(g)(2) is amended by inserting ``(as
in effect on the day before the date of the enactment of
the Tax Technical Corrections Act of 2018)'' after
``section 936''.
(xiii) Section 904(b) is amended by striking paragraph
(4) and by redesignating paragraph (5) as paragraph (4).
(xiv) Section 904(f)(1) is amended by striking ``and
section 936''.
(xv) Section 1202(e)(4) is amended by striking
subparagraph (B) and by redesignating subparagraphs (C) and
(D) as subparagraphs (B) and (C), respectively.
(xvi) Section 1361(b)(2) is amended by adding ``or'' at
the end of subparagraph (B), by striking subparagraph (C),
and by redesignating subparagraph (D) as subparagraph (C).
(xvii)(I) Section 1504(b) is amended by striking
paragraph (4) and by redesignating paragraphs (6), (7), and
(8) as paragraphs (4), (5), and (6), respectively.
(II) Section 243(b)(2) is amended by striking ``,
1504(b)(4),''.
(III) Section 332(d)(2)(B) is amended by striking
``paragraphs (2) and (4)'' and inserting ``paragraph (2)''.
(IV) Section 864(e)(5)(A) is amended by striking
``(determined without regard to paragraph (4) of section
1504(b))''.
(V) Section 864(f) is amended in paragraphs (1)(C)(i)
and (2) by striking ``paragraphs (2) and (4)'' and
inserting ``paragraph (2)''.
(xviii) Section 6091(b)(2)(B) is amended by striking
clause (ii) and by redesignating clauses (iii) and (iv) as
clauses (ii) and (iii), respectively.
(xix) Section 6654(d)(2)(D) is amended--
(I) by striking ``936(h) or'' in clause (i), and
(II) by striking ``and section 936'' in the
heading.
(xx) Section 6655(e)(4) is amended--
(I) by striking ``936(h) or'' in subparagraph (A),
and
(II) by striking ``and section 936'' in the
heading.
(2) Energy efficient appliance credit.--
(A) In general.--Subpart D of part IV of subchapter A of
chapter 1 is amended by striking section 45M (and by striking
the item relating to such section in the table of sections for
such subpart).
(B) Conforming amendment.--Section 38(b), as amended by the
preceding provisions of this Act, is amended by striking
paragraph (24) and by redesignating paragraphs (25) through
(37) as paragraphs (24) through (36), respectively.
(3) Qualifying therapeutic discovery project credit.--
(A) In general.--Subpart E of part IV of subchapter A of
chapter 1 is amended by striking section 48D (and by striking
the item relating to such section in the table of sections for
such subpart).
(B) Conforming amendments.--
(i) Section 49(a)(1)(C) is amended by adding ``and'' at
the end of clause (iv), by striking ``, and'' at the end of
clause (v) and inserting a period, and by striking clause
(vi).
(ii) Section 50(a)(2)(E) is amended by striking
``48C(b)(2), or 48D(b)(4)'' and inserting ``or 48C(b)(2)''.
(iii) Section 280C is amended by striking the
subsection (g) which relates to the qualifying therapeutic
discovery project credit.
(C) Savings provision.--In the case of the repeal of
section 48D(e)(1) of the Internal Revenue Code of 1986, the
amendments made by this paragraph shall not apply to
expenditures made in taxable years beginning before January 1,
2011.
(4) DC zone provisions.--
(A) In general.--Chapter 1 is amended by striking
subchapter W (and by striking the item relating to such
subchapter in the table of subchapters for such chapter).
(B) Conforming amendments.--
(i) Section 23(c)(1) is amended by striking ``sections
25D and 1400C'' and inserting ``section 25D''.
(ii) Section 25(e)(1)(C) is amended by striking
``sections 23, 25D, and 1400C'' and inserting ``sections 23
and 25D''.
(iii) Section 45D(h) is amended by striking ``sections
1202, 1400B, and 1400F'' and inserting ``section 1202''.
(iv) Section 1016(a) is amended by striking paragraph
(27).
(v) Section 1202(a)(2)(B) is amended by inserting ``(as
in effect before its repeal)'' after ``1400B(b)''.
(vi) Section 1223(13) is amended by striking ``sections
1202(a)(2), 1202(c)(2)(A), 1400B(b), and 1400F(b)'' and
inserting ``subsections (a)(2) and (c)(2)(A) of section
1202''.
(vii) Section 1397B(b)(1) is amended by striking
subparagraph (B).
(C) Savings provisions.--The amendments made by this
paragraph shall not apply to--
(i) in the case of the repeal of section 1400A of the
Internal Revenue Code of 1986, obligations described in
section 1394 of such Code (as in effect before its repeal)
which were issued before January 1, 2012,
(ii) in the case of the repeal of section 1400B of such
Code, DC Zone assets (as defined in such section, as in
effect before its repeal) which were acquired by the
taxpayer before January 1, 2012, and
(iii) in the case of the repeal of section 1400C of
such Code, principal residences acquired before January 1,
2012.
(5) Renewal community provisions.--
(A) In general.--Chapter 1 is amended by striking
subchapter X (and by striking the item relating to such
subchapter in the table of subchapters for such chapter).
(B) Conforming amendments.--
(i) Section 469(i)(3) is amended by striking
subparagraph (C) and by redesignating subparagraphs (D),
(E), and (F) as subparagraphs (C), (D), and (E),
respectively.
(ii) Section 469(i)(3)(D), as so redesignated, is
amended to read as follows:
``(D) Ordering rule.--Paragraph (1) shall be applied for
any taxable year--
``(i) first, to the passive activity loss,
``(ii) second, to the portion of the passive activity
credit to which subparagraph (B) and (C) does not apply,
``(iii) third, to the portion of such credit to which
subparagraph (B) applies, and
``(iv) then, to the portion of such credit to which
subparagraph (C) applies.''.
(iii) Section 469(i)(6)(B) is amended--
(I) by striking ``, rehabilitation credit, or
commercial revitalization deduction'' in the heading
and inserting ``or rehabilitation credit'',
(II) by adding ``or'' at the end of clause (i),
(III) by striking ``, or'' at the end of clause
(ii) and inserting a comma, and
(IV) by striking clause (iii).
(iv) Section 1397B(b)(1), as amended by the preceding
provisions of this Act, is amended by adding at the end the
following new subparagraph:
``(B) References.--Any reference in this paragraph to
section 1400F shall be treated as reference to such section
before its repeal.''.
(v) Section 1397B(b)(5) is amended by striking ``which
is sold--'' and all that follows and inserting ``which is
sold, the taxpayer's holding period for such asset and the
asset referred to in subsection (a)(1) shall be determined
without regard to section 1223.''.
(C) Savings provisions.--The amendments made by this
paragraph shall not apply to--
(i) in the case of the repeal of section 1400F of the
Internal Revenue Code of 1986, qualified community assets
(as defined in such section, as in effect before its
repeal) which were acquired by the taxpayer before January
1, 2010,
(ii) in the case of the repeal section 1400H of such
Code, wages paid or incurred before January 1, 2010,
(iii) in the case of the repeal of section 1400I of
such Code, qualified revitalization buildings (as defined
in such section, as in effect before its repeal) which were
placed in service before January 1, 2010, and
(iv) in the case of the repeal of section 1400J of such
Code, property acquired before January 1, 2010.
(6) Short-term regional benefits.--
(A) In general.--Chapter 1 is amended by striking
subchapter Y (and by striking the item relating to such
subchapter in the table of subchapters for such chapter).
(B) Conforming amendments.--
(i) Section 38(b), as amended by the preceding
provisions of this Act, is amended by striking paragraphs
(26), (27), (28), and (29) and by redesignating paragraphs
(30) through (36) as paragraphs (26) through (32),
respectively.
(ii) Section 38(c)(2)(A)(ii)(II), as amended by the
preceding provisions of this Act, is amended by striking
``, the New York Liberty Zone business employee credit,''.
(iii) Section 38(c) is amended by striking paragraph
(3).
(iv) Section 280C(a), as amended by the preceding
provisions of this Act, is amended by striking ``1396(a),
1400P(b), and 1400R'' and inserting ``and 1396(a)''.
(v) Section 6033(b)(14) is amended by striking
``including the amount and use of qualified contributions
to which section 1400S(a) applies,''.
(vi) Section 6049(d)(8)(A) is amended--
(I) by striking ``or 1400N(l)(6)'', and
(II) by striking ``or 1400N(l)(2)(D), as the case
may be''.
(C) Savings provisions.--The amendments made by this
paragraph shall not apply to--
(i) in the case of the repeal of section 1400L(a) of
the Internal Revenue Code of 1986, qualified wages (as
defined in such section, as in effect before its repeal)
which were paid or incurred before January 1, 2004,
(ii) in the case of the repeal of subsections (b) and
(f) of section 1400L of such Code, qualified New York
Liberty Zone property (as defined in section 1400L(b) of
such Code, as in effect before its repeal) placed in
service before January 1, 2010,
(iii) in the case of the repeal of section 1400L(c) of
such Code, qualified New York Liberty Zone leasehold
improvement property (as defined in such section, as in
effect before its repeal) placed in service before January
1, 2007,
(iv) in the case of the repeal of section 1400L(d) of
such Code, qualified New York Liberty bonds (as defined in
such section, as in effect before its repeal) issued before
January 1, 2014,
(v) in the case of the repeal of section 1400L(e) of
such Code, advanced refundings before January 1, 2006,
(vi) in the case of the repeal of section 1400L(g) of
such Code, property which is compulsorily or involuntarily
converted as a result of the terrorist attacks on September
11, 2001,
(vii) in the case of the repeal of section 1400N(a) of
such Code, obligations issued before January 1, 2012,
(viii) in the case of the repeal of section 1400N(b) of
such Code, advanced refundings before January 1, 2011,
(ix) in the case of the repeal of section 1400N(d) of
such Code, property placed in service before January 1,
2012,
(x) in the case of the repeal of section 1400N(e) of
such Code, property placed in service before January 1,
2009,
(xi) in the case of the repeal of subsections (f) and
(g) of section 1400N of such Code, amounts paid or incurred
before January 1, 2008,
(xii) in the case of the repeal of section 1400N(h) of
such Code, amounts paid or incurred before January 1, 2012,
(xiii) in the case of the repeal of section
1400N(k)(1)(B) of such Code, losses arising in taxable
years beginning before January 1, 2008,
(xiv) in the case of the repeal of section 1400N(l) of
such Code, bonds issued before January 1, 2007,
(xv) in the case of the repeal of section 1400Q(a) of
such Code, distributions before January 1, 2007,
(xvi) in the case of the repeal of section 1400Q(b) of
such Code, contributions before March 1, 2006,
(xvii) in the case of the repeal of section 1400Q(c) of
such Code, loans made before January 1, 2007,
(xviii) in the case of the repeal of section 1400R of
such Code, wages paid or incurred before January 1, 2006,
(xix) in the case of the repeal of section 1400S(a) of
such Code, contributions paid before January 1, 2006,
(xx) in the case of the repeal of section 1400T of such
Code, financing provided before January 1, 2011, and
(xxi) in the case of the repeal of part III of
subchapter Y of chapter 1 of such Code, obligations issued
before January 1, 2011.
(7) Provisions related to cobra premium assistance.--
(A) In general.--Subchapter B of chapter 65 is amended by
striking section 6432 (and by striking the item relating to
such section in the table of sections for such subchapter).
(B) Notification requirement.--Part I of subchapter B of
chapter 68 is amended by striking section 6720C (and by
striking the item relating to such section in the table of
sections for such part).
(C) Exclusion from gross income.--Part III of subchapter B
of chapter 1 is amended by striking section 139C (and by
striking the item relating to such section in the table of
sections for such part).
(8) Effective date of presidential election campaign fund.--
Chapter 95 is amended by striking section 9013 (and by striking the
item relating to such section in the table of sections for such
chapter).
(e) General Savings Provision With Respect to Deadwood
Provisions.--If--
(1) any provision amended or repealed by the amendments made by
subsection (b) or (d) applied to--
(A) any transaction occurring before the date of the
enactment of this Act,
(B) any property acquired before such date of enactment, or
(C) any item of income, loss, deduction, or credit taken
into account before such date of enactment, and
(2) the treatment of such transaction, property, or item under
such provision would (without regard to the amendments or repeals
made by such subsection) affect the liability for tax for periods
ending after such date of enactment,
nothing in the amendments or repeals made by this section shall be
construed to affect the treatment of such transaction, property, or
item for purposes of determining liability for tax for periods ending
after such date of enactment.
DIVISION V--CLOUD ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Clarifying Lawful Overseas Use
of Data Act'' or the ``CLOUD Act''.
SEC. 102. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) Timely access to electronic data held by communications-
service providers is an essential component of government efforts
to protect public safety and combat serious crime, including
terrorism.
(2) Such efforts by the United States Government are being
impeded by the inability to access data stored outside the United
States that is in the custody, control, or possession of
communications-service providers that are subject to jurisdiction
of the United States.
(3) Foreign governments also increasingly seek access to
electronic data held by communications-service providers in the
United States for the purpose of combating serious crime.
(4) Communications-service providers face potential conflicting
legal obligations when a foreign government orders production of
electronic data that United States law may prohibit providers from
disclosing.
(5) Foreign law may create similarly conflicting legal
obligations when chapter 121 of title 18, United States Code
(commonly known as the `` Stored Communications Act''), requires
disclosure of electronic data that foreign law prohibits
communications-service providers from disclosing.
(6) International agreements provide a mechanism for resolving
these potential conflicting legal obligations where the United
States and the relevant foreign government share a common
commitment to the rule of law and the protection of privacy and
civil liberties.
SEC. 103. PRESERVATION OF RECORDS; COMITY ANALYSIS OF LEGAL PROCESS.
(a) Required Preservation and Disclosure of Communications and
Records.--
(1) Amendment.--Chapter 121 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2713. Required preservation and disclosure of communications and
records
``A provider of electronic communication service or remote
computing service shall comply with the obligations of this chapter to
preserve, backup, or disclose the contents of a wire or electronic
communication and any record or other information pertaining to a
customer or subscriber within such provider's possession, custody, or
control, regardless of whether such communication, record, or other
information is located within or outside of the United States.''.
(2) Table of sections.--The table of sections for chapter 121
of title 18, United States Code, is amended by inserting after the
item relating to section 2712 the following:
``2713. Required preservation and disclosure of communications and
records.''.
(b) Comity Analysis of Legal Process Seeking Contents of Wire or
Electronic Communication.--Section 2703 of title 18, United States
Code, is amended by adding at the end the following:
``(h) Comity Analysis and Disclosure of Information Regarding Legal
Process Seeking Contents of Wire or Electronic Communication.--
``(1) Definitions.--In this subsection--
``(A) the term `qualifying foreign government' means a
foreign government--
``(i) with which the United States has an executive
agreement that has entered into force under section 2523;
and
``(ii) the laws of which provide to electronic
communication service providers and remote computing
service providers substantive and procedural opportunities
similar to those provided under paragraphs (2) and (5); and
``(B) the term `United States person' has the meaning given
the term in section 2523.
``(2) Motions to quash or modify.--(A) A provider of electronic
communication service to the public or remote computing service,
including a foreign electronic communication service or remote
computing service, that is being required to disclose pursuant to
legal process issued under this section the contents of a wire or
electronic communication of a subscriber or customer, may file a
motion to modify or quash the legal process where the provider
reasonably believes--
``(i) that the customer or subscriber is not a United
States person and does not reside in the United States; and
``(ii) that the required disclosure would create a material
risk that the provider would violate the laws of a qualifying
foreign government.
Such a motion shall be filed not later than 14 days after the
date on which the provider was served with the legal process,
absent agreement with the government or permission from the
court to extend the deadline based on an application made
within the 14 days. The right to move to quash is without
prejudice to any other grounds to move to quash or defenses
thereto, but it shall be the sole basis for moving to quash on
the grounds of a conflict of law related to a qualifying
foreign government.
``(B) Upon receipt of a motion filed pursuant to subparagraph
(A), the court shall afford the governmental entity that applied
for or issued the legal process under this section the opportunity
to respond. The court may modify or quash the legal process, as
appropriate, only if the court finds that--
``(i) the required disclosure would cause the provider to
violate the laws of a qualifying foreign government;
``(ii) based on the totality of the circumstances, the
interests of justice dictate that the legal process should be
modified or quashed; and
``(iii) the customer or subscriber is not a United States
person and does not reside in the United States.
``(3) Comity analysis.--For purposes of making a determination
under paragraph (2)(B)(ii), the court shall take into account, as
appropriate--
``(A) the interests of the United States, including the
investigative interests of the governmental entity seeking to
require the disclosure;
``(B) the interests of the qualifying foreign government in
preventing any prohibited disclosure;
``(C) the likelihood, extent, and nature of penalties to
the provider or any employees of the provider as a result of
inconsistent legal requirements imposed on the provider;
``(D) the location and nationality of the subscriber or
customer whose communications are being sought, if known, and
the nature and extent of the subscriber or customer's
connection to the United States, or if the legal process has
been sought on behalf of a foreign authority pursuant to
section 3512, the nature and extent of the subscriber or
customer's connection to the foreign authority's country;
``(E) the nature and extent of the provider's ties to and
presence in the United States;
``(F) the importance to the investigation of the
information required to be disclosed;
``(G) the likelihood of timely and effective access to the
information required to be disclosed through means that would
cause less serious negative consequences; and
``(H) if the legal process has been sought on behalf of a
foreign authority pursuant to section 3512, the investigative
interests of the foreign authority making the request for
assistance.
``(4) Disclosure obligations during pendency of challenge.--A
service provider shall preserve, but not be obligated to produce,
information sought during the pendency of a motion brought under
this subsection, unless the court finds that immediate production
is necessary to prevent an adverse result identified in section
2705(a)(2).
``(5) Disclosure to qualifying foreign government.--(A) It
shall not constitute a violation of a protective order issued under
section 2705 for a provider of electronic communication service to
the public or remote computing service to disclose to the entity
within a qualifying foreign government, designated in an executive
agreement under section 2523, the fact of the existence of legal
process issued under this section seeking the contents of a wire or
electronic communication of a customer or subscriber who is a
national or resident of the qualifying foreign government.
``(B) Nothing in this paragraph shall be construed to modify or
otherwise affect any other authority to make a motion to modify or
quash a protective order issued under section 2705.''.
(c) Rule of Construction.--Nothing in this section, or an amendment
made by this section, shall be construed to modify or otherwise affect
the common law standards governing the availability or application of
comity analysis to other types of compulsory process or to instances of
compulsory process issued under section 2703 of title 18, United States
Code, as amended by this section, and not covered under subsection
(h)(2) of such section 2703.
SEC. 104. ADDITIONAL AMENDMENTS TO CURRENT COMMUNICATIONS LAWS.
Title 18, United States Code, is amended--
(1) in chapter 119--
(A) in section 2511(2), by adding at the end the following:
``(j) It shall not be unlawful under this chapter for a provider of
electronic communication service to the public or remote computing
service to intercept or disclose the contents of a wire or electronic
communication in response to an order from a foreign government that is
subject to an executive agreement that the Attorney General has
determined and certified to Congress satisfies section 2523.''; and
(B) in section 2520(d), by amending paragraph (3) to read
as follows:
``(3) a good faith determination that section 2511(3),
2511(2)(i), or 2511(2)(j) of this title permitted the conduct
complained of;'';
(2) in chapter 121--
(A) in section 2702--
(i) in subsection (b)--
(I) in paragraph (8), by striking the period at the
end and inserting ``; or''; and
(II) by adding at the end the following:
``(9) to a foreign government pursuant to an order from a
foreign government that is subject to an executive agreement that
the Attorney General has determined and certified to Congress
satisfies section 2523.''; and
(ii) in subsection (c)--
(I) in paragraph (5), by striking ``or'' at the
end;
(II) in paragraph (6), by striking the period at
the end and inserting ``; or''; and
(III) by adding at the end the following:
``(7) to a foreign government pursuant to an order from a
foreign government that is subject to an executive agreement that
the Attorney General has determined and certified to Congress
satisfies section 2523.''; and
(B) in section 2707(e), by amending paragraph (3) to read
as follows:
``(3) a good faith determination that section 2511(3), section
2702(b)(9), or section 2702(c)(7) of this title permitted the
conduct complained of;''; and
(3) in chapter 206--
(A) in section 3121(a), by inserting before the period at
the end the following: ``or an order from a foreign government
that is subject to an executive agreement that the Attorney
General has determined and certified to Congress satisfies
section 2523''; and
(B) in section 3124--
(i) by amending subsection (d) to read as follows:
``(d) No Cause of Action Against a Provider Disclosing Information
Under This Chapter.--No cause of action shall lie in any court against
any provider of a wire or electronic communication service, its
officers, employees, agents, or other specified persons for providing
information, facilities, or assistance in accordance with a court order
under this chapter, request pursuant to section 3125 of this title, or
an order from a foreign government that is subject to an executive
agreement that the Attorney General has determined and certified to
Congress satisfies section 2523.''; and
(ii) by amending subsection (e) to read as follows:
``(e) Defense.--A good faith reliance on a court order under this
chapter, a request pursuant to section 3125 of this title, a
legislative authorization, a statutory authorization, or a good faith
determination that the conduct complained of was permitted by an order
from a foreign government that is subject to executive agreement that
the Attorney General has determined and certified to Congress satisfies
section 2523, is a complete defense against any civil or criminal
action brought under this chapter or any other law.''.
SEC. 105. EXECUTIVE AGREEMENTS ON ACCESS TO DATA BY FOREIGN
GOVERNMENTS.
(a) In General.--Chapter 119 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2523. Executive agreements on access to data by foreign
governments
``(a) Definitions.--In this section--
``(1) the term `lawfully admitted for permanent residence' has
the meaning given the term in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)); and
``(2) the term `United States person' means a citizen or
national of the United States, an alien lawfully admitted for
permanent residence, an unincorporated association a substantial
number of members of which are citizens of the United States or
aliens lawfully admitted for permanent residence, or a corporation
that is incorporated in the United States.
``(b) Executive Agreement Requirements.--For purposes of this
chapter, chapter 121, and chapter 206, an executive agreement governing
access by a foreign government to data subject to this chapter, chapter
121, or chapter 206 shall be considered to satisfy the requirements of
this section if the Attorney General, with the concurrence of the
Secretary of State, determines, and submits a written certification of
such determination to Congress, including a written certification and
explanation of each consideration in paragraphs (1), (2), (3), and (4),
that--
``(1) the domestic law of the foreign government, including the
implementation of that law, affords robust substantive and
procedural protections for privacy and civil liberties in light of
the data collection and activities of the foreign government that
will be subject to the agreement, if--
``(A) such a determination under this section takes into
account, as appropriate, credible information and expert input;
and
``(B) the factors to be met in making such a determination
include whether the foreign government--
``(i) has adequate substantive and procedural laws on
cybercrime and electronic evidence, as demonstrated by
being a party to the Convention on Cybercrime, done at
Budapest November 23, 2001, and entered into force January
7, 2004, or through domestic laws that are consistent with
definitions and the requirements set forth in chapters I
and II of that Convention;
``(ii) demonstrates respect for the rule of law and
principles of nondiscrimination;
``(iii) adheres to applicable international human
rights obligations and commitments or demonstrates respect
for international universal human rights, including--
``(I) protection from arbitrary and unlawful
interference with privacy;
``(II) fair trial rights;
``(III) freedom of expression, association, and
peaceful assembly;
``(IV) prohibitions on arbitrary arrest and
detention; and
``(V) prohibitions against torture and cruel,
inhuman, or degrading treatment or punishment;
``(iv) has clear legal mandates and procedures
governing those entities of the foreign government that are
authorized to seek data under the executive agreement,
including procedures through which those authorities
collect, retain, use, and share data, and effective
oversight of these activities;
``(v) has sufficient mechanisms to provide
accountability and appropriate transparency regarding the
collection and use of electronic data by the foreign
government; and
``(vi) demonstrates a commitment to promote and protect
the global free flow of information and the open,
distributed, and interconnected nature of the Internet;
``(2) the foreign government has adopted appropriate procedures
to minimize the acquisition, retention, and dissemination of
information concerning United States persons subject to the
agreement;
``(3) the terms of the agreement shall not create any
obligation that providers be capable of decrypting data or
limitation that prevents providers from decrypting data; and
``(4) the agreement requires that, with respect to any order
that is subject to the agreement--
``(A) the foreign government may not intentionally target a
United States person or a person located in the United States,
and shall adopt targeting procedures designed to meet this
requirement;
``(B) the foreign government may not target a non-United
States person located outside the United States if the purpose
is to obtain information concerning a United States person or a
person located in the United States;
``(C) the foreign government may not issue an order at the
request of or to obtain information to provide to the United
States Government or a third-party government, nor shall the
foreign government be required to share any information
produced with the United States Government or a third-party
government;
``(D) an order issued by the foreign government--
``(i) shall be for the purpose of obtaining information
relating to the prevention, detection, investigation, or
prosecution of serious crime, including terrorism;
``(ii) shall identify a specific person, account,
address, or personal device, or any other specific
identifier as the object of the order;
``(iii) shall be in compliance with the domestic law of
that country, and any obligation for a provider of an
electronic communications service or a remote computing
service to produce data shall derive solely from that law;
``(iv) shall be based on requirements for a reasonable
justification based on articulable and credible facts,
particularity, legality, and severity regarding the conduct
under investigation;
``(v) shall be subject to review or oversight by a
court, judge, magistrate, or other independent authority
prior to, or in proceedings regarding, enforcement of the
order; and
``(vi) in the case of an order for the interception of
wire or electronic communications, and any extensions
thereof, shall require that the interception order--
``(I) be for a fixed, limited duration; and
``(II) may not last longer than is reasonably
necessary to accomplish the approved purposes of the
order; and
``(III) be issued only if the same information
could not reasonably be obtained by another less
intrusive method;
``(E) an order issued by the foreign government may not be
used to infringe freedom of speech;
``(F) the foreign government shall promptly review material
collected pursuant to the agreement and store any unreviewed
communications on a secure system accessible only to those
persons trained in applicable procedures;
``(G) the foreign government shall, using procedures that,
to the maximum extent possible, meet the definition of
minimization procedures in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801),
segregate, seal, or delete, and not disseminate material found
not to be information that is, or is necessary to understand or
assess the importance of information that is, relevant to the
prevention, detection, investigation, or prosecution of serious
crime, including terrorism, or necessary to protect against a
threat of death or serious bodily harm to any person;
``(H) the foreign government may not disseminate the
content of a communication of a United States person to United
States authorities unless the communication may be disseminated
pursuant to subparagraph (G) and relates to significant harm,
or the threat thereof, to the United States or United States
persons, including crimes involving national security such as
terrorism, significant violent crime, child exploitation,
transnational organized crime, or significant financial fraud;
``(I) the foreign government shall afford reciprocal rights
of data access, to include, where applicable, removing
restrictions on communications service providers, including
providers subject to United States jurisdiction, and thereby
allow them to respond to valid legal process sought by a
governmental entity (as defined in section 2711) if foreign law
would otherwise prohibit communications-service providers from
disclosing the data;
``(J) the foreign government shall agree to periodic review
of compliance by the foreign government with the terms of the
agreement to be conducted by the United States Government; and
``(K) the United States Government shall reserve the right
to render the agreement inapplicable as to any order for which
the United States Government concludes the agreement may not
properly be invoked.
``(c) Limitation on Judicial Review.--A determination or
certification made by the Attorney General under subsection (b) shall
not be subject to judicial or administrative review.
``(d) Effective Date of Certification.--
``(1) Notice.--Not later than 7 days after the date on which
the Attorney General certifies an executive agreement under
subsection (b), the Attorney General shall provide notice of the
determination under subsection (b) and a copy of the executive
agreement to Congress, including--
``(A) the Committee on the Judiciary and the Committee on
Foreign Relations of the Senate; and
``(B) the Committee on the Judiciary and the Committee on
Foreign Affairs of the House of Representatives.
``(2) Entry into force.--An executive agreement that is
determined and certified by the Attorney General to satisfy the
requirements of this section shall enter into force not earlier
than the date that is 180 days after the date on which notice is
provided under paragraph (1), unless Congress enacts a joint
resolution of disapproval in accordance with paragraph (4).
``(3) Requests for information.--Upon request by the Chairman
or Ranking Member of a congressional committee described in
paragraph (1), the head of an agency shall promptly furnish a
summary of factors considered in determining that the foreign
government satisfies the requirements of this section.
``(4) Congressional review.--
``(A) Joint resolution defined.--In this paragraph, the
term `joint resolution' means only a joint resolution--
``(i) introduced during the 180-day period described in
paragraph (2);
``(ii) which does not have a preamble;
``(iii) the title of which is as follows: `Joint
resolution disapproving the executive agreement signed by
the United States and __.', the blank space being
appropriately filled in; and
``(iv) the matter after the resolving clause of which
is as follows: `That Congress disapproves the executive
agreement governing access by ___ to certain electronic
data as submitted by the Attorney General on ___', the
blank spaces being appropriately filled in.
``(B) Joint resolution enacted.--Notwithstanding any other
provision of this section, if not later than 180 days after the
date on which notice is provided to Congress under paragraph
(1), there is enacted into law a joint resolution disapproving
of an executive agreement under this section, the executive
agreement shall not enter into force.
``(C) Introduction.--During the 180-day period described in
subparagraph (B), a joint resolution of disapproval may be
introduced--
``(i) in the House of Representatives, by the majority
leader or the minority leader; and
``(ii) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or the
minority leader's designee).
``(5) Floor consideration in house of representatives.--If a
committee of the House of Representatives to which a joint
resolution of disapproval has been referred has not reported the
joint resolution within 120 days after the date of referral, that
committee shall be discharged from further consideration of the
joint resolution.
``(6) Consideration in the senate.--
``(A) Committee referral.--A joint resolution of
disapproval introduced in the Senate shall be referred
jointly--
``(i) to the Committee on the Judiciary; and
``(ii) to the Committee on Foreign Relations.
``(B) Reporting and discharge.--If a committee to which a
joint resolution of disapproval was referred has not reported
the joint resolution within 120 days after the date of referral
of the joint resolution, that committee shall be discharged
from further consideration of the joint resolution and the
joint resolution shall be placed on the appropriate calendar.
``(C) Proceeding to consideration.--It is in order at any
time after both the Committee on the Judiciary and the
Committee on Foreign Relations report a joint resolution of
disapproval to the Senate or have been discharged from
consideration of such a joint resolution (even though a
previous motion to the same effect has been disagreed to) to
move to proceed to the consideration of the joint resolution,
and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. The
motion is not debatable or subject to a motion to postpone. A
motion to reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order.
``(D) Consideration in the senate.--In the Senate,
consideration of the joint resolution, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally
between those favoring and those opposing the joint resolution.
A motion further to limit debate is in order and not debatable.
An amendment to, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a motion to
recommit the joint resolution is not in order.
``(E) Consideration of veto messages.--Debate in the Senate
of any veto message with respect to a joint resolution of
disapproval, including all debatable motions and appeals in
connection with the joint resolution, shall be limited to 10
hours, to be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
``(7) Rules relating to senate and house of representatives.--
``(A) Treatment of senate joint resolution in house.--In
the House of Representatives, the following procedures shall
apply to a joint resolution of disapproval received from the
Senate (unless the House has already passed a joint resolution
relating to the same proposed action):
``(i) The joint resolution shall be referred to the
appropriate committees.
``(ii) If a committee to which a joint resolution has
been referred has not reported the joint resolution within
7 days after the date of referral, that committee shall be
discharged from further consideration of the joint
resolution.
``(iii) Beginning on the third legislative day after
each committee to which a joint resolution has been
referred reports the joint resolution to the House or has
been discharged from further consideration thereof, it
shall be in order to move to proceed to consider the joint
resolution in the House. All points of order against the
motion are waived. Such a motion shall not be in order
after the House has disposed of a motion to proceed on the
joint resolution. The previous question shall be considered
as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable. A
motion to reconsider the vote by which the motion is
disposed of shall not be in order.
``(iv) The joint resolution shall be considered as
read. All points of order against the joint resolution and
against its consideration are waived. The previous question
shall be considered as ordered on the joint resolution to
final passage without intervening motion except 2 hours of
debate equally divided and controlled by the sponsor of the
joint resolution (or a designee) and an opponent. A motion
to reconsider the vote on passage of the joint resolution
shall not be in order.
``(B) Treatment of house joint resolution in senate.--
``(i) If, before the passage by the Senate of a joint
resolution of disapproval, the Senate receives an identical
joint resolution from the House of Representatives, the
following procedures shall apply:
``(I) That joint resolution shall not be referred
to a committee.
``(II) With respect to that joint resolution--
``(aa) the procedure in the Senate shall be the
same as if no joint resolution had been received
from the House of Representatives; but
``(bb) the vote on passage shall be on the
joint resolution from the House of Representatives.
``(ii) If, following passage of a joint resolution of
disapproval in the Senate, the Senate receives an identical
joint resolution from the House of Representatives, that
joint resolution shall be placed on the appropriate Senate
calendar.
``(iii) If a joint resolution of disapproval is
received from the House, and no companion joint resolution
has been introduced in the Senate, the Senate procedures
under this subsection shall apply to the House joint
resolution.
``(C) Application to revenue measures.--The provisions of
this paragraph shall not apply in the House of Representatives
to a joint resolution of disapproval that is a revenue measure.
``(8) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
``(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, and
supersedes other rules only to the extent that it is
inconsistent with such rules; and
``(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``(e) Renewal of Determination.--
``(1) In general.--The Attorney General, with the concurrence
of the Secretary of State, shall review and may renew a
determination under subsection (b) every 5 years.
``(2) Report.--Upon renewing a determination under subsection
(b), the Attorney General shall file a report with the Committee on
the Judiciary and the Committee on Foreign Relations of the Senate
and the Committee on the Judiciary and the Committee on Foreign
Affairs of the House of Representatives describing--
``(A) the reasons for the renewal;
``(B) any substantive changes to the agreement or to the
relevant laws or procedures of the foreign government since the
original determination or, in the case of a second or
subsequent renewal, since the last renewal; and
``(C) how the agreement has been implemented and what
problems or controversies, if any, have arisen as a result of
the agreement or its implementation.
``(3) Nonrenewal.--If a determination is not renewed under
paragraph (1), the agreement shall no longer be considered to
satisfy the requirements of this section.
``(f) Revisions to Agreement.--A revision to an agreement under
this section shall be treated as a new agreement for purposes of this
section and shall be subject to the certification requirement under
subsection (b), and to the procedures under subsection (d), except that
for purposes of a revision to an agreement--
``(1) the applicable time period under paragraphs (2),
(4)(A)(i), (4)(B), and (4)(C) of subsection (d) shall be 90 days
after the date notice is provided under subsection (d)(1); and
``(2) the applicable time period under paragraphs (5) and
(6)(B) of subsection (d) shall be 60 days after the date notice is
provided under subsection (d)(1).
``(g) Publication.--Any determination or certification under
subsection (b) regarding an executive agreement under this section,
including any termination or renewal of such an agreement, shall be
published in the Federal Register as soon as is reasonably practicable.
``(h) Minimization Procedures.--A United States authority that
receives the content of a communication described in subsection
(b)(4)(H) from a foreign government in accordance with an executive
agreement under this section shall use procedures that, to the maximum
extent possible, meet the definition of minimization procedures in
section 101 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801) to appropriately protect nonpublicly available information
concerning United States persons.''.
(b) Table of Sections Amendment.--The table of sections for chapter
119 of title 18, United States Code, is amended by inserting after the
item relating to section 2522 the following:
``2523. Executive agreements on access to data by foreign
governments.''.
SEC. 106. RULE OF CONSTRUCTION.
Nothing in this division, or the amendments made by this division,
shall be construed to preclude any foreign authority from obtaining
assistance in a criminal investigation or prosecution pursuant to
section 3512 of title 18, United States Code, section 1782 of title 28,
United States Code, or as otherwise provided by law.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.