[United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 115-141
115th Congress
An Act
To amend the State Department Basic Authorities Act of 1956 to include
severe forms of trafficking in persons within the definition of
transnational organized crime for purposes of the rewards program of the
Department of State, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2018''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
Title I--Corps of Engineers--Civil
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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
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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.
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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
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provided for, as determined by the Secretary: Provided further, That
the amount made available under this heading for Departmental
Administration shall be reimbursed from applicable appropriations in
this Act for travel expenses incident to the holding of hearings as
required by 5 U.S.C. 551-558: Provided further, That funds made
available under this heading for the Office of the Assistant Secretary
for Congressional Relations may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain personnel at
the agency level: Provided further, That no funds made available under
this heading for the Office of Assistant Secretary for Congressional
Relations may be obligated after 30 days from the date of enactment of
this Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation of these
funds by USDA agency.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$19,786,000, of which $4,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
$9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $58,950,000, of which not less than $33,000,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
$6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $901,000: Provided, That funds made available by this Act
to an agency in the Civil Rights mission area for salaries and expenses
are available to fund up to one administrative support staff for the
Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $24,206,000.
[[Page 353]]
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and for
related costs, $64,414,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.), $3,503,000, to remain available
until expended: Provided, That appropriations and funds available
herein to the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in meeting all
requirements pursuant to the above Acts on Federal and non-Federal
lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General, including
employment pursuant to the Inspector General Act of 1978 (Public Law 95-
452; 5 U.S.C. App.), $98,208,000, including such sums as may be
necessary for contracting and other arrangements with public agencies
and private persons pursuant to section 6(a)(9) of the Inspector General
Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational expenses, including
the payment of informants, to be expended under the direction of the
Inspector General pursuant to the Inspector General Act of 1978 (Public
Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$44,546,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $800,000: Provided, That
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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
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shall be available for granting easements at any Agricultural Research
Service location for the construction of a research facility by a non-
Federal entity for use by, and acceptable to, the Agricultural Research
Service and a condition of the easements shall be that upon completion
the facility shall be accepted by the Secretary, subject to the
availability of funds herein, if the Secretary finds that acceptance of
the facility is in the interest of the United States: Provided further,
That funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing or operating
any research facility or research project of the Agricultural Research
Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $140,600,000 to
remain available until expended.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$887,171,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, capacity
building for non-land-grant colleges of agriculture, the agriculture and
food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution challenge
grants, and grants management systems shall remain available until
expended: Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than $1,000,000:
Provided further, That funds for education grants for Alaska Native and
Native Hawaiian-serving institutions be made available to individual
eligible institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available
until expended.
[[Page 356]]
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, the Northern Marianas, and American
Samoa, $483,626,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute of Food and
Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility improvements at
1890 institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7 U.S.C. 3221
for cooperative extension receive no less than $1,000,000: Provided
further, That funds for cooperative extension under sections 3(b) and
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c)
of Public Law 93-471 shall be available for retirement and employees'
compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $37,000,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided, That
funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2019: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be
charged against any Extension Implementation Program Area grant awarded
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $901,000: Provided, That funds made
available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$981,893,000, of which $470,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $11,520,000, to remain available until expended,
shall be used for the cotton pests program
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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
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entity's liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency, and
such fees shall be reimbursed to this account, to remain available until
expended, without further appropriation, for providing such assistance,
goods, or services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$151,595,000, of which $3,000,000 shall be available for the purposes of
section 12306 of Public Law 113-79: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $20,705,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
[[Page 359]]
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional supervision
and oversight, or other uncontrollable factors occur, this limitation
may be exceeded by up to 10 percent with notification to the Committees
on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food
Safety, $800,000: Provided, That funds made available by this Act to an
agency in the Food Safety mission area for salaries and expenses are
available to fund up to one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,056,844,000; and in
addition, $1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by section 1327
of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
138f): Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available until
expended: Provided further, That no fewer than 148 full-time equivalent
positions shall be employed during fiscal year 2018 for purposes
dedicated solely to inspections and enforcement related to the Humane
Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided further,
That not later than 180 days after the date of enactment of this Act,
the Food Safety and Inspection Service shall issue equivalence
determinations for all countries wishing to continue exporting
Siluriformes to the United States: Provided further, That unless the
requirements pursuant to the previous proviso have been met, thereafter,
none of the funds made available by this or any other Act may be used to
inspect, at point of entry, Siluriformes from countries exporting to the
United States until all requirements under section 557.2 of title 9,
Code of Federal Regulations have been met and a final determination of
equivalence final rule has been published in the Federal Register adding
such countries to the list under section 327.2 of title 9, Code of
Federal Regulations: Provided further, That of the funds made available
under this heading, $7,500,000 shall remain available until expended for
public health veterinarian recruitment and retention incentives:
Provided further, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings and
[[Page 360]]
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement value
of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for Farm
Production and Conservation, $901,000: Provided, That funds made
available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
For necessary expenses of the Farm Production and Conservation
Business Center, $1,028,000, to remain available until expended:
Provided, That $145,000 of amounts appropriated for the current fiscal
year pursuant to section 1241(a) of the Farm Security and Rural
Investment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred to and
merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,202,146,000:
Provided, That not more than 50 percent of the $78,013,000 made
available under this heading for information technology related to farm
program delivery, including the Modernize and Innovate the Delivery of
Agricultural Systems and other farm program delivery systems, may be
obligated until the Secretary submits to the Committees on
Appropriations of both Houses of Congress, and receives written or
electronic notification of receipt from such Committees of, a plan for
expenditure that (1) identifies for each project/investment over $25,000
(a) the functional and performance capabilities to be delivered and the
mission benefits to be realized, (b) the estimated lifecycle cost,
including estimates for development as well as maintenance and
operations, and (c) key milestones to be met; (2) demonstrates that each
project/investment is, (a) consistent with the Farm Service Agency
Information Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and (c) subject
to the applicable Department's capital planning and investment control
requirements; and (3) has been reviewed by the Government Accountability
Office and approved by the Committees on Appropriations of both Houses
of Congress: Provided further, That the agency shall submit a report by
the end of the fourth quarter of fiscal year 2018 to the Committees on
Appropriations and the Government Accountability Office, that identifies
for each project/investment that is operational (a) current performance
against key
[[Page 361]]
indicators of customer satisfaction, (b) current performance of service
level agreements or other technical metrics, (c) current performance
against a pre-established cost baseline, (d) a detailed breakdown of
current and planned spending on operational enhancements or upgrades,
and (e) an assessment of whether the investment continues to meet
business needs as intended as well as alternatives to the investment:
Provided further, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with this
account: Provided further, That funds made available to county
committees shall remain available until expended: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to close Farm Service Agency county offices: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to permanently relocate county based employees that would result in
an office with two or fewer employees without prior notification and
approval of the Committees on Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987, as amended (7 U.S.C. 5101-5106), $3,904,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described in
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat.
1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
and Indian highly fractionated land loans (25 U.S.C. 488) to be
available from funds in the Agricultural
[[Page 362]]
Credit Insurance Fund, as follows: $2,750,000,000 for guaranteed farm
ownership loans and $1,500,000,000 for farm ownership direct loans;
$1,960,000,000 for unsubsidized guaranteed operating loans and
$1,530,000,000 for direct operating loans; emergency loans, $25,610,000;
Indian tribe land acquisition loans, $20,000,000; guaranteed
conservation loans, $150,000,000; Indian highly fractionated land loans,
$10,000,000; and for boll weevil eradication program loans, $60,000,000:
Provided, That the Secretary shall deem the pink bollworm to be a boll
weevil for the purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm operating loans,
$61,812,000 for direct operating loans, $21,756,000 for unsubsidized
guaranteed operating loans, emergency loans, $1,260,000 and $2,272,000
for Indian highly fractionated land loans to remain available until
expended.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $325,068,000: Provided, That of
this amount, $314,998,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses'', of
which $8,000,000 shall be available until September 30, 2019.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $74,829,000:
Provided, That not to exceed $1,000 shall be available for official
reception and representation expenses, as authorized by 7 U.S.C.
1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$874,107,000,
[[Page 363]]
to remain available until September 30, 2019: Provided, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements at
plant materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements shall not
exceed $250,000: Provided further, That when buildings or other
structures are erected on non-Federal land, that the right to use such
land is obtained as provided in 7 U.S.C. 2250a: Provided further, That
of the amounts made available under this heading, $5,600,000, shall
remain available until expended for the authorities under 16 U.S.C.
1001-1005 and 1007-1009 for authorized ongoing watershed projects with a
primary purpose of providing water to rural communities.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and
1007-1009) and in accordance with the provisions of laws relating to the
activities of the Department, $150,000,000, to remain available until
expended: Provided, That for funds provided by this Act or any other
prior Act, the limitation regarding the size of the watershed or
subwatershed exceeding two hundred and fifty thousand acres in which
such activities can be undertaken shall only apply for activities
undertaken for the primary purpose of flood prevention (including
structural and land treatment measures): Provided further, That of the
amounts made available under this heading, $50,000,000 shall be
allocated to projects and activities that can commence promptly
following enactment; that address regional priorities for flood
prevention, agricultural water management, inefficient irrigation
systems, fish and wildlife habitat, or watershed protection; or that
address authorized ongoing projects under the authorities of section 13
of the Flood Control Act of December 22, 1944 (Public Law 78-534) with a
primary purpose of watershed protection by preventing floodwater damage
and stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $10,000,000 is provided: Provided, That of the
amounts made available under this heading, $5,000,000 shall remain
available until expended for watershed rehabilitation projects in states
with high-hazard dams and other watershed structures and that have
recently incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying
[[Page 364]]
out the programs set forth in the budget for the current fiscal year for
such corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $230,835,000: Provided,
That notwithstanding any other provision of law, funds appropriated
under this heading may be used for advertising and promotional
activities that support Rural Development programs: Provided further,
That in addition to any other funds appropriated for purposes authorized
by section 502(i) of
[[Page 365]]
the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts collected under
such section, as amended by this Act, will immediately be credited to
this account and will remain available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$1,100,000,000 shall be for direct loans and $24,000,000,000 shall be
for unsubsidized guaranteed loans; $28,000,000 for section 504 housing
repair loans; $40,000,000 for section 515 rental housing; $230,000,000
for section 538 guaranteed multi-family housing loans; $10,000,000 for
credit sales of single family housing acquired property; $5,000,000 for
section 523 self-help housing land development loans; and $5,000,000 for
section 524 site development loans: Provided, That section 514(f)(3)(A)
of the Housing Act of 1949 (42 U.S.C. 1484(f)(3)(A)) is amended by
striking ``United States'' and inserting ``United States,'' and by
inserting before the semicolon the following: ``, or a person legally
admitted to the United States and authorized to work in agriculture''.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $42,350,000 shall be for
direct loans; section 504 housing repair loans, $3,452,000; section 523
self-help housing land development loans, $368,000; section 524 site
development loans, $58,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $10,524,000: Provided, That
to support the loan program level for section 538 guaranteed loans made
available under this heading the Secretary may charge or adjust any fees
to cover the projected cost of such loan guarantees pursuant to the
provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and
the interest on such loans may not be subsidized: Provided further,
That applicants in communities that have a current rural area waiver
under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q) shall be
treated as living in a rural area for purposes of section 502 guaranteed
loans provided under this heading: Provided further, That of the
amounts available under this paragraph for section 502 direct loans, no
less than $5,000,000 shall be available for direct loans for individuals
whose homes will be built pursuant to a program funded with a mutual and
self-help housing grant authorized by section 523 of the Housing Act of
1949 until June 1, 2018: Provided further, That the Secretary shall
implement provisions to provide incentives to nonprofit organizations
and public housing authorities to facilitate the acquisition of Rural
Housing Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to keep such
properties in the RHS multifamily housing program for a period of time
as determined by the Secretary, with such incentives to include, but not
be limited to, the following: allow such nonprofit
[[Page 366]]
entities and public housing authorities to earn a Return on Investment
on their own resources to include proceeds from low income housing tax
credit syndication, own contributions, grants, and developer loans at
favorable rates and terms, invested in a deal; and allow reimbursement
of organizational costs associated with owner's oversight of asset
referred to as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans, grants, and contracts, as
authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C.
1484, 1486), $14,710,000, to remain available until expended, for direct
farm labor housing loans and domestic farm labor housing grants and
contracts: Provided, That any balances available for the Farm Labor
Program Account shall be transferred to and merged with this account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the Housing
Act of 1949, $1,345,293,000, of which $40,000,000 shall be available
until September 30, 2019; and in addition such sums as may be necessary,
as authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That rental assistance
agreements entered into or renewed during the current fiscal year shall
be funded for a one-year period: Provided further, That any unexpended
balances remaining at the end of such one-year agreements may be
transferred and used for purposes of any debt reduction; maintenance,
repair, or rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the Act:
Provided further, That rental assistance provided under agreements
entered into prior to fiscal year 2018 for a farm labor multi-family
housing project financed under section 514 or 516 of the Act may not be
recaptured for use in another project until such assistance has remained
unused for a period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the project has
rental assistance eligible tenants who are not receiving such
assistance: Provided further, That such recaptured rental assistance
shall, to the extent practicable, be applied to another farm labor
multi-family housing project financed under section 514 or 516 of the
Act: Provided further, That except as provided in the third proviso
under this heading and notwithstanding any other provision of the Act,
the Secretary may recapture rental assistance provided under agreements
entered into prior to fiscal year 2018 for a project that the Secretary
determines no longer needs rental assistance and use such recaptured
funds for current needs.
[[Page 367]]
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $47,000,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $25,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided further,
That the amount of such voucher shall be the difference between
comparable market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available for such
vouchers shall be subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum extent
practicable, administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing vouchers
administered by the Secretary of the Department of Housing and Urban
Development: Provided further, That if the Secretary determines that
the amount made available for vouchers in this or any other Act is not
needed for vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph: Provided
further, That of the funds made available under this heading,
$22,000,000 shall be available for a demonstration program for the
preservation and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA multi-
family housing loans, as the Secretary deems appropriate, expressly for
the purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating, reducing
or reamortizing loan debt; and other financial assistance including
advances, payments and incentives (including the ability of owners to
obtain reasonable returns on investment) required by the Secretary:
Provided further, That the Secretary shall as part of the preservation
and revitalization agreement obtain a restrictive use agreement
consistent with the terms of the restructuring: Provided further, That
if the Secretary determines that additional funds for vouchers described
in this paragraph are needed, funds for the preservation and
revitalization demonstration program may be used for such vouchers:
Provided further, That if Congress enacts legislation to permanently
authorize a multi-family rental housing loan restructuring program
similar to the demonstration program described herein, the Secretary may
use funds made available for the demonstration program under this
heading to carry out such legislation with the prior approval of the
Committees on Appropriations of both Houses of Congress: Provided
further, That in addition to any other available funds, the Secretary
may expend not more than $1,000,000 total, from the program funds made
available under this heading, for administrative expenses for activities
funded under this heading.
[[Page 368]]
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $40,000,000, to remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $148,287,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act of
1974, $4,849,000, to remain available until expended.
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $43,778,000, to remain
available until expended: Provided, That $4,000,000 of the amount
appropriated under this heading shall be available for a Rural Community
Development Initiative: Provided further, That such funds shall be used
solely to develop the capacity and ability of private, nonprofit
community-based housing and community development organizations, low-
income rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community facilities,
community and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to carry out a
program of financial and technical assistance: Provided further, That
such intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That $5,778,000 of the
amount appropriated under this heading shall be to provide grants for
facilities in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5 percent for
administration and capacity building in the State rural development
offices: Provided further, That $4,000,000 of the amount appropriated
under this heading shall be available for community facilities grants to
tribal colleges, as authorized by section 306(a)(19) of such Act:
Provided further, That sections 381E-H and 381N of the Consolidated Farm
and Rural Development Act are not applicable to the funds made available
under this heading.
[[Page 369]]
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $77,342,000, to remain available until
expended: Provided, That of the amount appropriated under this heading,
not to exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical assistance for
rural transportation in order to promote economic development and
$6,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C.
2009aa et seq.) and the Appalachian Regional Commission (40 U.S.C. 14101
et seq.) for any Rural Community Advancement Program purpose as
described in section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to funds
made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $4,361,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$557,000 shall be available through June 30, 2018, for Federally
Recognized Native American Tribes; and of which $1,072,000 shall be
available through June 30, 2018, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$45,000,000.
[[Page 370]]
The cost of grants authorized under section 313 of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $27,550,000, of which $2,750,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised of
individuals who are members of socially disadvantaged groups; and of
which $16,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a), of which $1,000,000 shall be for Agriculture
Innovation Centers authorized pursuant to section 6402 of Public Law
107-171.
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $293,000: Provided, That
the cost of loan guarantees, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $560,263,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That not to exceed $15,000,000 of the amount
appropriated under this heading shall be for grants authorized by
section 306A(i)(2) of the Consolidated Farm and Rural Development Act in
addition to funding authorized by section 306A(i)(1) of such Act and
such grants may not exceed $1,000,000 notwithstanding section 306A(f)(1)
of such Act: Provided further, That $68,000,000 of the amount
appropriated under this heading shall be for loans and grants including
water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided
[[Page 371]]
further, That funding provided for section 306D of the Consolidated Farm
and Rural Development Act may be provided to a consortium formed
pursuant to section 325 of Public Law 105-83: Provided further, That
not more than 2 percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by the State of
Alaska for training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by a consortium formed
pursuant to section 325 of Public Law 105-83 for training and technical
assistance programs: Provided further, That not to exceed $40,000,000
of the amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $8,000,000 shall be made available for a grant to
a qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities on water
and waste water problems, the principal purpose of such grant shall be
to assist rural communities with populations of 3,300 or less, in
improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $19,000,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $4,000,000 shall be for solid waste management grants:
Provided further, That $10,000,000 of the amount appropriated under this
heading shall be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants authorized
under section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a): Provided further, That any prior year balances for high-energy
cost grants authorized by section 19 of the Rural Electrification Act of
1936 (7 U.S.C. 918a) shall be transferred to and merged with the Rural
Utilities Service, High Energy Cost Grants Account: Provided further,
That sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available under
this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized by
sections 305, 306, and 317 of the Rural Electrification Act of 1936 (7
U.S.C. 935, 936, and 940g) shall be made as follows: loans made pursuant
to sections 305, 306, and 317, notwithstanding 317(c), of that Act,
rural electric, $5,500,000,000; guaranteed underwriting loans pursuant
to section 313A, $750,000,000; 5 percent rural telecommunications loans,
cost of money rural telecommunications loans, and for loans made
pursuant to section 306 of that Act, rural telecommunications loans,
$690,000,000: Provided, That up to $2,000,000,000 shall be used for the
construction, acquisition,
[[Page 372]]
or improvement of fossil-fueled electric generating plants (whether new
or existing) that utilize carbon sequestration systems.
For the cost of direct loans as authorized by section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, cost of money rural telecommunications loans, $863,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$29,851,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $32,000,000, to remain
available until expended: Provided, That $3,000,000 shall be made
available for grants authorized by 379G of the Consolidated Farm and
Rural Development Act: Provided further, That funding provided under
this heading for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet all of the
eligibility criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by section 601 of the
Rural Electrification Act, $5,000,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $30,000,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $800,000: Provided, That funds
made available by this Act to an agency in the Food, Nutrition and
Consumer Services mission area for salaries and expenses are available
to fund up to one administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17
and 21; $24,254,139,000 to remain available
[[Page 373]]
through September 30, 2019, of which such sums as are made available
under section 14222(b)(1) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246), as amended by this Act, shall be merged with
and available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $17,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $30,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies and
schools to purchase the equipment, with a value of greater than $1,000,
needed to serve healthier meals, improve food safety, and to help
support the establishment, maintenance, or expansion of the school
breakfast program: Provided further, That of the total amount
available, $28,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of 2010 (Public
Law 111-80): Provided further, That section 26(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the
first sentence by striking ``2010 through 2017'' and inserting ``2010
through 2018'': Provided further, That section 9(h)(3) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended
in the first sentence by striking ``for fiscal year 2017'' and inserting
``for fiscal year 2018'': Provided further, That section 9(h)(4) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is
amended in the first sentence by striking ``for fiscal year 2017'' and
inserting ``for fiscal year 2018''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $6,175,000,000, to remain available through
September 30, 2019, of which $25,000,000 shall be placed in reserve, to
remain available until expended, to be allocated as the Secretary deemed
necessary, notwithstanding section 17(i) of such Act, to support
participation should cost or participation exceed budget estimates:
Provided, That notwithstanding section 17(h)(10) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(h)(10)), not less than $60,000,000 shall be
used for breastfeeding peer counselors and other related activities, and
$14,000,000 shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available for the
purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in section 17
of such Act: Provided further, That none of the funds provided shall be
available for activities that are not fully reimbursed by other Federal
Government departments or agencies unless authorized by section 17 of
such Act: Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and conditions
established by the Secretary, the Secretary may waive the requirement at
7 CFR 246.12(g)(6) at the request of a State agency.
[[Page 374]]
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $74,013,499,000, of which $3,000,000,000,
to remain available through December 31, 2019, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
provided herein shall be expended in accordance with section 16 of the
Food and Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to provide
nutrition education services to State agencies and Federally Recognized
Tribes participating in the Food Distribution Program on Indian
Reservations: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available
through September 30, 2019: Provided further, That funds made available
under this heading for section 28(d)(1), section 4(b), and section 27(a)
of the Food and Nutrition Act of 2008 shall remain available through
September 30, 2019: Provided further, That none of the funds made
available under this heading may be obligated or expended in
contravention of section 213A of the Immigration and Nationality Act (8
U.S.C. 1183A): Provided further, That funds made available under this
heading may be used to enter into contracts and employ staff to conduct
studies, evaluations, or to conduct activities related to program
integrity provided that such activities are authorized by the Food and
Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note);
the Emergency Food Assistance Act of 1983; special assistance for the
nuclear affected islands, as authorized by section 103(f)(2) of the
Compact of Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $322,139,000, to remain
available through September 30, 2019: Provided, That none of these
funds shall be available to reimburse the Commodity Credit Corporation
for commodities donated to the program: Provided further, That
notwithstanding any other provision of law, effective with funds made
available in fiscal year 2018 to support the Seniors Farmers' Market
Nutrition Program, as authorized by section 4402 of the Farm Security
and Rural Investment Act of 2002, such funds shall remain available
through September 30, 2019: Provided further, That of the funds made
available under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 15 percent for costs
associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$153,841,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public
[[Page 375]]
Law 107-171, as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $875,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$3,796,000.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $199,666,000, of which no more than 6 percent shall remain
available until September 30, 2019, for overseas operations to include
the payment of locally employed staff: Provided, That the Service may
utilize advances of funds, or reimburse this appropriation for
expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology Fellowship
program, and up to $2,000,000 of the Foreign Agricultural Service
appropriation solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to documentation by the
Foreign Agricultural Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program of title
I, Food for Peace Act (Public Law 83-480) and the Food for Progress Act
of 1985, $149,000, shall be transferred to and
[[Page 376]]
merged with the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,600,000,000, to remain available until expended:
Provided, That the Administrator of the United States Agency for
International Development shall in each instance notify in writing the
Committees on Appropriations of both Houses of Congress, the Committee
on Agriculture of the House, the Committee on Foreign Relations of the
Senate, the Committee on Foreign Affairs of the House, and the Committee
on Agriculture, Nutrition, and Forestry of the Senate and make publicly
available online the amount and use of authority in section 202(a) of
the Food for Peace Act (7 U.S.C. 1722(a)) to notwithstand the minimum
level of nonemergency assistance required by section 412(e)(2) of the
Food for Peace Act (7 U.S.C. 1736f(e)(2)) not later than 15 days after
the date of such action.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $207,626,000, to remain available until expended, of which
$1,000,000 is for the use of recently developed potable water
technologies in school feeding projects: Provided, That the Commodity
Credit Corporation is authorized to provide the services, facilities,
and authorities for the purpose of implementing such section, subject to
reimbursement from amounts provided herein: Provided further, That of
the amount made available under this heading, $10,000,000, shall remain
available until expended for necessary expenses to carry out the
provisions of section 3207 of the Agricultural Act of 2014 (7 U.S.C.
1726c).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103, $8,845,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $6,382,000 shall be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $2,463,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
[[Page 377]]
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; in addition to amounts appropriated
to the FDA Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public Law 114-
255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $25,000; and
notwithstanding section 521 of Public Law 107-188; $5,138,041,000:
Provided, That of the amount provided under this heading, $911,346,000
shall be derived from prescription drug user fees authorized by 21
U.S.C. 379h, and shall be credited to this account and remain available
until expended; $193,291,000 shall be derived from medical device user
fees authorized by 21 U.S.C. 379j, and shall be credited to this account
and remain available until expended; $493,600,000 shall be derived from
human generic drug user fees authorized by 21 U.S.C. 379j-42, and shall
be credited to this account and remain available until expended;
$40,214,000 shall be derived from biosimilar biological product user
fees authorized by 21 U.S.C. 379j-52, and shall be credited to this
account and remain available until expended; $18,093,000 shall be
derived from animal drug user fees authorized by 21 U.S.C. 379j-12, and
shall be credited to this account and remain available until expended;
$9,419,000 shall be derived from generic new animal drug user fees
authorized by 21 U.S.C. 379j-21, and shall be credited to this account
and remain available until expended; $672,000,000 shall be derived from
tobacco product user fees authorized by 21 U.S.C. 387s, and shall be
credited to this account and remain available until expended: Provided
further, That in addition to and notwithstanding any other provision
under this heading, amounts collected for prescription drug user fees,
medical device user fees, human generic drug user fees, biosimilar
biological product user fees, animal drug user fees, and generic new
animal drug user fees that exceed the respective fiscal year 2018
limitations are appropriated and shall be credited to this account and
remain available until expended: Provided further, That fees derived
from prescription drug, medical device, human generic drug, biosimilar
biological product, animal drug, and generic new animal drug assessments
for fiscal year 2018, including any such fees collected prior to fiscal
year 2018 but credited for fiscal year 2018, shall be subject to the
fiscal year 2018 limitations: Provided further, That the Secretary may
accept payment during fiscal year 2018 of user fees specified under this
heading and authorized for fiscal year 2019,
[[Page 378]]
prior to the due date for such fees, and that amounts of such fees
assessed for fiscal year 2019 for which the Secretary accepts payment in
fiscal year 2018 shall not be included in amounts under this heading:
Provided further, That none of these funds shall be used to develop,
establish, or operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount appropriated: (1)
$1,041,615,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $1,617,881,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of Regulatory
Affairs; (3) $359,614,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the Office
of Regulatory Affairs; (4) $197,252,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $487,197,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the Office
of Regulatory Affairs; (6) $63,331,000 shall be for the National Center
for Toxicological Research; (7) $625,646,000 shall be for the Center for
Tobacco Products and for related field activities in the Office of
Regulatory Affairs; (8) not to exceed $172,003,000 shall be for Rent and
Related activities, of which $50,559,000 is for White Oak Consolidation,
other than the amounts paid to the General Services Administration for
rent; (9) not to exceed $237,671,000 shall be for payments to the
General Services Administration for rent; and (10) $335,831,000 shall be
for other activities, including the Office of the Commissioner of Food
and Drugs, the Office of Foods and Veterinary Medicine, the Office of
Medical and Tobacco Products, the Office of Global and Regulatory
Policy, the Office of Operations, the Office of the Chief Scientist, and
central services for these offices: Provided further, That not to
exceed $25,000 of this amount shall be for official reception and
representation expenses, not otherwise provided for, as determined by
the Commissioner: Provided further, That any transfer of funds pursuant
to section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379dd(n)) shall only be from amounts made available under this heading
for other activities: Provided further, That of the amounts that are
made available under this heading for ``other activities'', and that are
not derived from user fees, $1,500,000 shall be transferred to and
merged with the appropriation for ``Department of Health and Human
Services--Office of Inspector General'' for oversight of the programs
and operations of the Food and Drug Administration and shall be in
addition to funds otherwise made available for oversight of the Food and
Drug Administration: Provided further, That of the total amount made
available under this heading, $1,500,000 shall be used by the
Commissioner of Food and Drugs, in coordination with the Secretary of
Agriculture, for consumer outreach and education regarding agricultural
biotechnology and biotechnology-derived food products and animal feed,
including through publication and distribution of science-based
educational information on the environmental, nutritional, food safety,
economic, and humanitarian impacts of such biotechnology, food products,
and feed: Provided further, That funds may be transferred from one
specified activity to another with the prior approval of the Committees
on Appropriations of both Houses of Congress.
[[Page 379]]
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C. 353(e)(3), third-
party logistics provider licensing and inspection fees authorized by 21
U.S.C. 360eee-3(c)(1), third-party auditor fees authorized by 21 U.S.C.
384d(c)(8), and medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, shall be credited to this account, to
remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension, alteration,
demolition, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$11,788,000, to remain available until expended.
fda innovation account, cures act
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts
available for such purposes under the heading ``Salaries and Expenses'',
$60,000,000, to remain available until expended: Provided, That amounts
appropriated in this paragraph are appropriated pursuant to section
1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts
transferred under section 1002(b)(2)(A) of such Act, and may be
transferred by the Commissioner of Food and Drugs to the appropriation
for ``Department of Health and Human Services--Food and Drug
Administration--Salaries and Expenses'' solely for the purposes provided
in such Act: Provided further, That upon a determination by the
Commissioner that funds transferred pursuant to the previous proviso are
not necessary for the purposes provided, such amounts may be transferred
back to the account: Provided further, That such transfer authority is
in addition to any other transfer authority provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $249,000,000,
including not to exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for consultations
and meetings hosted by the Commission with foreign governmental and
other regulatory officials, of which not less than $48,000,000, to
remain available until September 30, 2019, shall be for the purchase of
information technology and of which not less than $2,700,000 shall be
for expenses of the Office of the Inspector General: Provided, That
notwithstanding the limitations in 31 U.S.C. 1553, amounts provided
under
[[Page 380]]
this heading are available for the liquidation of obligations equal to
current year payments on leases entered into prior to the date of
enactment of this Act: Provided further, That for the purpose of
recording and liquidating any lease obligations that should have been
recorded and liquidated against accounts closed pursuant to 31 U.S.C.
1552, and consistent with the preceding proviso, such amounts shall be
transferred to and recorded in a new no-year account in the Treasury,
which may be established for the sole purpose of recording adjustments
for and liquidating such unpaid obligations: Provided further, That if
any furlough or reduction-in-force of personnel at the Commission occurs
as a result of an action under 5 U.S.C. 7119, the Commission shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate no later than 30 days after the furlough
or reduction-in-force occurs detailing the agency's reasoning for
conducting a furlough or reduction-in-force: Provided further, That in
the report the Commission shall explain why the furlough or reduction-
in-force was the only reasonable course of action in response to an
action taken under 5 U.S.C. 7119: Provided further, That after the
conclusion of any furlough or reduction-in-force of the Commission in
response to an action taken under 5 U.S.C. 7119, the Comptroller General
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a report that describes (1) the long-term cost
of any pay increases the Commission must make in response to an action
taken under 5 U.S.C. 7119; and (2) the operational impact of the
furlough or reduction-in-force.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $70,600,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of Agriculture
for the current fiscal year under this Act shall be available for the
purchase, in addition to those specifically provided for, of not to
exceed 71 passenger motor vehicles of which 68 shall be for replacement
only, and for the hire of such vehicles: Provided, That notwithstanding
this section, the only purchase of new passenger vehicles shall be for
those determined by the Secretary to be necessary for transportation
safety, to reduce operational costs, and for the protection of life,
property, and public safety.
[[Page 381]]
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of plant and capital equipment necessary for the delivery of
financial, administrative, and information technology services of
primary benefit to the agencies of the Department of Agriculture, such
transferred funds to remain available until expended: Provided, That
none of the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without written notification to and the
prior approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds appropriated by this
Act or made available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes to the
Department's National Finance Center without written notification to and
prior approval of the Committees on Appropriations of both Houses of
Congress as required by section 717 of this Act: Provided further, That
none of the funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for obligation or
expenditure to initiate, plan, develop, implement, or make any changes
to remove or relocate any systems, missions, or functions of the offices
of the Chief Financial Officer or any personnel from the National
Finance Center prior to written notification to and prior approval of
the Committee on Appropriations of both Houses of Congress and in
accordance with the requirements of section 717 of this Act: Provided
further, That the Secretary of Agriculture and the offices of the Chief
Financial Officer shall actively market to existing and new Departments
and other government agencies National Finance Center shared services
including, but not limited to, payroll, financial management, and human
capital shared services and allow the National Finance Center to perform
technology upgrades: Provided further, That of annual income amounts in
the Working Capital Fund of the Department of Agriculture attributable
to the amounts in excess of the true costs of the shared services
provided by the National Finance Center and budgeted for the National
Finance Center, the Secretary shall reserve not more than 4 percent for
the replacement or acquisition of capital equipment, including equipment
for the improvement, delivery, and implementation of financial,
administrative, and information technology services, and other systems
of the National Finance Center or to pay any unforeseen, extraordinary
cost of the National Finance Center: Provided further, That none of the
amounts reserved shall be available for obligation unless the Secretary
submits written notification of the obligation to the Committees on
Appropriations of both Houses of Congress: Provided further, That the
limitations on the obligation of funds pending notification to
Congressional Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a declared state
of emergency that significantly impacts the operations of the National
Finance Center; or to evacuate employees of the National Finance Center
to a safe haven to continue operations of the National Finance Center:
[[Page 382]]
Provided further, That the Secretary of Agriculture shall conduct and
submit a detailed cost benefit analysis to the Committees on
Appropriations that includes a complete analysis of the National Finance
Center data center and two other operationally comparable data centers
in both size and complexity in supported applications that details and
provides: (1) the cost effectiveness of each center; (2) a security
analysis of each center; and (3) each center's Federal Risk and
Authorization Management Program (FedRAMP) certifications status and the
center's demonstrated history record and ability for maintaining
Continuity of Operations Plan (COOP) functions and not miss critical
operations: Provided further, That the cost-benefit analysis shall be
submitted no later than 90 days after enactment of this Act to the
Committees on Appropriations: Provided further, That not later than 90
days after submission of the cost-benefit analysis, the Comptroller
General of the United States shall submit to the Committees on
Appropriations a sufficiency review of the cost-benefit analysis,
including any findings and recommendations relating to such review.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing Insurance
Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of Congress:
Provided further, That, notwithstanding section 11319 of title 40,
United States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for projects,
contracts, or other agreements over $25,000 prior to receipt of written
approval by the Chief Information Officer: Provided further, That the
Chief Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon
[[Page 383]]
the performance of an agency measured against the performance plan
requirements described in the explanatory statement accompanying Public
Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or guaranteed
loan under the Rural Electrification Act of 1936, or any not-for-profit
utility that is eligible to receive an insured or direct loan under such
Act, shall be eligible for assistance under section 313(b)(2)(B) of such
Act in the same manner as a borrower under such Act.
Sec. 709. Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2019, for
information technology expenses: Provided, That except as otherwise
specifically provided by law, unobligated balances from appropriations
made available for salaries and expenses in this Act for the Rural
Development mission area shall remain available through September 30,
2019, for information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by the
Agricultural Act of 2014 (Public Law 113-79), other than by title I or
subtitle A of title III of such Act, or programs for which indefinite
amounts were provided in that Act, that is authorized or required to be
carried out using funds of the Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,000,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. None of the funds in this Act shall be available to pay
indirect costs charged against any agricultural research, education, or
extension grant awards issued by the National Institute of Food and
Agriculture that exceed 30 percent of total
[[Page 384]]
Federal funds provided under each award: Provided, That notwithstanding
section 1462 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act
for grants awarded competitively by the National Institute of Food and
Agriculture shall be available to pay full allowable indirect costs for
each grant awarded under section 9 of the Small Business Act (15 U.S.C.
638).
Sec. 714. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 715. Notwithstanding subsection (b) of section 14222 of Public
Law 110-246 (7 U.S.C. 612c-6; in this section referred to as ``section
14222''), none of the funds appropriated or otherwise made available by
this or any other Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act of August
24, 1935 (7 U.S.C. 612c; in this section referred to as ``section 32'')
in excess of $1,266,582,000 (exclusive of carryover appropriations from
prior fiscal years), as follows: Child Nutrition Programs Entitlement
Commodities--$465,000,000; State Option Contracts-- $5,000,000; Removal
of Defective Commodities-- $2,500,000; Administration of Section 32
Commodity Purchases--$35,853,000: Provided, That of the total funds
made available in the matter preceding this proviso that remain
unobligated on October 1, 2018, such unobligated balances shall
carryover into the next fiscal year and shall remain available until
expended for any of the three stated purposes of section 32, except that
any such carryover funds used in accordance with clause (3) of section
32 may not exceed $350,000,000 and may not be obligated until the
Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses of
Congress at least two weeks in advance: Provided further, That, with
the exception of any available carryover funds authorized in the first
proviso of this section to be used for the purposes of clause (3) of
section 32, none of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries or expenses
of any employee of the Department of Agriculture to carry out clause (3)
of section 32.
Sec. 716. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2019 appropriations Act.
[[Page 385]]
Sec. 717. (a) None of the funds provided by this Act, or provided by
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7
U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives approval
from the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming of such funds or the use
of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Secretary of Agriculture, the Chairman of the Commodity Futures
Trading Commission, or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming or
transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services shall notify in writing and receive approval from the
Committees on Appropriations of both Houses of Congress before
implementing any program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this Act or
specifically funded by any other Act.
[[Page 386]]
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent of
the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request; unless the agencies funded by
this Act notify, in writing, the Committees on Appropriations of
both Houses of Congress at least 30 days in advance of using the
funds for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of Health and
Human Services receives from the Committee on Appropriations of both
Houses of Congress written or electronic mail confirmation of receipt of
the notification as required in this section.
Sec. 718. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available reports, questions, or responses to questions that are a
result of information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of Health and Human
Services, non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 720. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency to
produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that executive
branch agency.
Sec. 721. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
60 days in a fiscal year unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of assignment.
[[Page 387]]
Sec. 722. (a) <> There is hereby established in
the Treasury of the United States a Working Capital Fund (the Fund) to
be administered by the Food and Drug Administration (FDA), without
fiscal year limitation, for the payment of salaries, travel, and other
expenses necessary to the maintenance and operation of (1) a supply
service for the purchase, storage, handling, issuance, packing, or
shipping of stationery, supplies, materials, equipment, and blank forms,
for which stocks may be maintained to meet, in whole or in part, the
needs of the FDA and requisitions of other Government Offices, and (2)
such other services as the Commissioner of the FDA, subject to review by
the Secretary of Health and Human Services, determines may be performed
more advantageously as central services. The Fund shall be reimbursed
from applicable discretionary resources, notwithstanding any otherwise
applicable purpose limitations, available when services are performed or
stock furnished, or in advance, on a basis of rates which shall include
estimated or actual charges for personal services, materials, equipment,
information technology, and other expenses. Charges for equipment and
information technology shall include costs associated with maintenance,
repair, and depreciation (including improvement and replacement).
(b) Of any discretionary resources appropriated in this Act for
fiscal year 2018 for ``Department of Health and Human Services, Food and
Drug Administration, Salaries and Expenses'', not to exceed $5,000,000
of amounts available as of September 30 may be transferred to and merged
with the Fund established under subsection (a), notwithstanding any
otherwise applicable purpose limitations.
(c) No amounts may be transferred pursuant to this section that are
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 723. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food and
Drug Administration, the Chairman of the Commodity Futures Trading
Commission, and the Chairman of the Farm Credit Administration shall
submit to the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for all the
funds made available under this Act including appropriated user fees, as
defined in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Sec. 724. Of the unobligated balances from amounts made available
for the supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786), $800,000,000 are
hereby rescinded.
Sec. 725. The Secretary shall continue an intermediary loan
packaging program based on the pilot program in effect for fiscal year
2013 for packaging and reviewing section 502 single family direct loans.
The Secretary shall continue agreements with current intermediary
organizations and with additional qualified intermediary organizations.
The Secretary shall work with these organizations to increase
effectiveness of the section 502 single family direct loan program in
rural communities and shall set aside and make available from the
national reserve section 502 loans an amount necessary to support the
work of such intermediaries and provide a priority for review of such
loans.
[[Page 388]]
Sec. 726. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 727. None of the credit card refunds or rebates transferred to
the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall be
available for obligation only for the acquisition of plant and capital
equipment necessary for the delivery of financial, administrative, and
information technology services of primary benefit to the agencies of
the Department of Agriculture.
Sec. 728. None of the funds made available by this Act may be used
to implement, administer, or enforce the ``variety'' requirements of the
final rule entitled ``Enhancing Retailer Standards in the Supplemental
Nutrition Assistance Program (SNAP)'' published by the Department of
Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg.
90675) until the Secretary of Agriculture amends the definition of the
term ``variety'' as de fined in section 278.1(b)(1)(ii)(C) of title 7,
Code of Federal Regulations, and ``variety'' as applied in the
definition of the term ``staple food'' as defined in section 271.2 of
title 7, Code of Federal Regulations, to increase the number of items
that qualify as acceptable varieties in each staple food category so
that the total number of such items in each staple food category exceeds
the number of such items in each staple food category included in the
final rule as published on December 15, 2016: Provided, That until the
Secretary promulgates such regulatory amendments, the Secretary shall
apply the requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers that were
in effect on the day before the date of the enactment of the
Agricultural Act of 2014 (Public Law 113-79).
Sec. 729. None of the funds made available by this Act or any other
Act may be used--
(1) in contravention of section 7606 of the Agricultural Act
of 2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing, sale, or use
of industrial hemp, or seeds of such plant, that is grown or
cultivated in accordance with subsection section 7606 of the
Agricultural Act of 2014, within or outside the State in which
the industrial hemp is grown or cultivated.
Sec. 730. Funds provided by this or any prior Appropriations Act
for the Agriculture and Food Research Initiative under 7 U.S.C. 450i(b)
shall be made available without regard to section 7128 of the
Agricultural Act of 2014 (7 U.S.C. 3371 note), under the matching
requirements in laws in effect on the date before the date of enactment
of such section: Provided, That the requirements of 7 U.S.C. 450i(b)(9)
shall continue to apply.
[[Page 389]]
Sec. 731. For tree assistance payments under section 1501(e) of the
Agricultural Act of 2014 (7 U.S.C. 9081(e)) to eligible orchardists or
nursery tree growers (as defined in such section) of pecan trees with a
tree mortality rate that exceeds 7.5 percent (adjusted for normal
mortality) and is less than 15 percent (adjusted for normal mortality),
$15,000,000, to be available until expended, for losses incurred during
the period beginning January 1, 2017 and ending December 31, 2017.
Sec. 732. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall
have the same authority with respect to loans guaranteed under such
section and eligible lenders for such loans as the Secretary has under
subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p-2)
with respect to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 733. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 734. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission for
an exemption for investigational use of a drug or biological product
under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(i)) or section 351(a)(3) of the Public Health Service Act (42
U.S.C. 262(a)(3)) in research in which a human embryo is intentionally
created or modified to include a heritable genetic modification. Any
such submission shall be deemed to have not been received by the
Secretary, and the exemption may not go into effect.
Sec. 735. None of the funds made available by this or any other Act
may be used to carry out the final rule promulgated by the Food and Drug
Administration and put into effect November 16, 2015, in regards to the
hazard analysis and risk-based preventive control requirements of the
current good manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to the
regulation of the production, distribution, sale, or receipt of dried
spent grain byproducts of the alcoholic beverage production process.
Sec. 736. Funds made available under title II of the Food for Peace
Act (7 U.S.C. 1721 et seq.) may only be used to provide assistance to
recipient nations if adequate monitoring and controls, as determined by
the Administrator, are in place to ensure that emergency food aid is
received by the intended beneficiaries in areas affected by food
shortages and not diverted for unauthorized or inappropriate purposes.
Sec. 737. There is hereby appropriated $1,996,000 to carry out
section 1621 of Public Law 110-246.
Sec. 738. No partially hydrogenated oils as defined in the order
published by the Food and Drug Administration in the Federal Register on
June 17, 2015 (80 Fed. Reg. 34650 et seq.) shall be deemed unsafe within
the meaning of section 409(a) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 348(a)) and no food that
[[Page 390]]
is introduced or delivered for introduction into interstate commerce
that bears or contains a partially hydrogenated oil shall be deemed
adulterated under sections 402(a)(1) or 402(a)(2)(C)(i) of this Act by
virtue of bearing or containing a partially hydrogenated oil until the
compliance date as specified in such order (June 18, 2018).
Sec. 739. For the cost of refinancing a loan pursuant to section
749 of division A of Public Law 115-31, and in addition to amounts
provided by that section, for any borrower identified by the Federal
Financing Bank for refinancing a loan where the modification calculation
methodology used for such refinancing pursuant to section 185 of Office
of Management and Budget Circular No. A-11 results in a cost to the
pilot program, $5,000,000, to remain available until expended:
Provided, That these funds shall also be available for refinancing a
loan pursuant to any extension or expansion of this pilot program that
is enacted subsequent to this Act for those same borrowers.
Sec. 740. None of the funds made available by this Act may be used
by the Secretary of Agriculture, acting through the Food and Nutrition
Service, to commence any new research and evaluation projects until the
Secretary submits to the Committees on Appropriations of both Houses of
Congress a research and evaluation plan for fiscal year 2018, prepared
in coordination with the Research, Education, and Economics mission area
of the Department of Agriculture, and a period of 30 days beginning on
the date of the submission of the plan expires to permit Congressional
review of the plan.
Sec. 741. There is hereby appropriated $8,000,000, to remain
available until expended, to carry out section 6407 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the
Secretary may allow eligible entities to offer loans to customers in any
part of their service territory and to offer loans to replace a
manufactured housing unit with another manufactured housing unit, if
replacement would be more cost effective in saving energy: Provided
further, That funds provided in section 769 of division A, Public Law
115-31, shall remain available until September 30, 2019.
Sec. 742. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with United
States obligations under its international trade agreements.
Sec. 743. There is hereby appropriated $1,000,000 for the Secretary
to carry out a pilot program that provides forestry inventory analysis,
forest management and economic outcomes modelling for certain currently
enrolled Conservation Reserve Program participants. The Secretary shall
allow the Commodity Credit Corporation
[[Page 391]]
to enter into agreements with and provide grants to qualified non-profit
organizations dedicated to conservation, forestry and wildlife habitats,
that also have experience in conducting accurate forest inventory
analysis through the use of advanced, cost-effective technology. The
Secretary shall focus the analysis on lands enrolled for at least eight
years and located in areas with a substantial concentration of acres
enrolled under conservation practices devoted to multiple bottomland
hardwood tree species including CP03, CP03A, CP11, CP22, CP31 and CP40.
Sec. 744. None of the funds made available by this Act may be used
to carry out any activities or incur any expense related to the issuance
of licenses under section 3 of the Animal Welfare Act (7 U.S.C. 2133),
or the renewal of such licenses, to class B dealers who sell dogs and
cats for use in research, experiments, teaching, or testing.
Sec. 745. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water Bank
Act (16 U.S.C. 1301-1311).
Sec. 746. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926 et seq.) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water or wastewater
system unless all of the iron and steel products used in the project are
produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves, structural
steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Secretary or the designee receives a request for a waiver
under this section, the Secretary or the designee shall make available
to the public on an informal basis a copy of the request and information
available to the Secretary or the designee concerning the request, and
shall allow for informal public input on the request for at least 15
days prior to making a finding based on the request. The Secretary or
the designee shall make the request and accompanying information
available by electronic means, including on the official public Internet
Web site of the Department.
[[Page 392]]
(d) This section shall be applied in a manner consistent with United
States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ``United States'' and
``State'' shall include each of the several States, the District of
Columbia, and each federally recognized Indian tribe.
Sec. 747. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2018, an amount of funds made
available in title III under the headings of Rural Housing Insurance
Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing
Assistance Grants, Rural Community Facilities Program Account, Rural
Business Program Account, Rural Development Loan Fund Program Account,
and Rural Water and Waste Disposal Program Account, equal to the amount
obligated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obligated
under such headings for REAP Zones.
Sec. 748. For the purposes of determining eligibility or level of
program assistance for Rural Development programs the Secretary shall
not include incarcerated prison populations.
Sec. 749. There is hereby appropriated $1,000,000, to remain
available until expended, for a pilot program for the Secretary to
provide grants to qualified non-profit organizations and public housing
authorities to provide technical assistance, including financial and
legal services, to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas where the
Secretary determines a risk of loss of affordable housing, by non-profit
housing organizations and public housing authorities as authorized by
law that commit to keep such properties in the RHS multi-family housing
program for a period of time as determined by the Secretary.
Sec. 750. Beginning on the date of enactment of this Act through
fiscal year 2019, notwithstanding any other provision of law, any fee
issued by the State's Electronic Benefit Transfer contractor and
subcontractors, including Affiliates of the contractor or subcontractor,
related to the switching or routing of benefits for Department of
Agriculture domestic food assistance programs shall be prohibited:
Provided, That for purposes of this provision, the term ``switching''
means the routing of an intrastate or interstate transaction that
consists of transmitting the details of a transaction electronically
recorded through the use of an electronic benefit transfer card in one
State to the issuer of the card that may be in the same or different
State.
Sec. 751. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S.C.
1913.
[[Page 393]]
Sec. 752. (a) The Secretary of Agriculture (referred to in this
section as the ``Secretary'') shall carry out a pilot program during
fiscal year 2018 with respect to the 2017 crop year for county-level
agriculture risk coverage payments under section 1117(b)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), that provides all or
some of the State Farm Service Agency offices in each State the
opportunity to provide agricultural producers in the State a
supplemental payment described in subsection (c) based on the alternate
calculation method described in subsection (b) for 1 or more counties in
a State if the office for that State determines that the alternate
calculation method is necessary to ensure that, to the maximum extent
practicable, there are not significant yield calculation disparities
between comparable counties in the State.
(b) The alternate calculation method referred to in subsection (a)
is a method of calculating the actual yield for the 2017 crop year for
county-level agriculture risk coverage payments under section 1117(b)(1)
of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), under which--
(1) county data of the National Agricultural Statistics
Service (referred to in this section as ``NASS data'') is used
for the calculations;
(2) if there is insufficient NASS data for a county (as
determined under standards of the Secretary in effect as of the
date of enactment of this Act) or the available NASS data
produces a substantially disparate result, the calculation of
the county yield is determined using comparable contiguous
county NASS data as determined by the Farm Service Agency office
in the applicable State; and
(3) if there is insufficient NASS data for a comparable
contiguous county (as determined under standards of the
Secretary in effect as of the date of enactment of this Act),
the calculation of the county yield is determined using reliable
yield data from other sources, such as Risk Management Agency
data, National Agricultural Statistics Service district data,
National Agricultural Statistics Service State yield data, or
other data as determined by the Farm Service Agency office in
the applicable State.
(c)(1) A supplemental payment made under the pilot program
established under this section may be made to an agricultural producer
who is subject to the alternate calculation method described in
subsection (b) if that agricultural producer would otherwise receive a
county-level agriculture risk coverage payment for the 2017 crop year in
an amount that is less than the payment that the agricultural producer
would receive under the alternate calculation method.
(2) The amount of a supplemental payment to an agricultural producer
under this section may not exceed the difference between--
(A) the payment that the agricultural producer would have
received without the alternate calculation method described in
subsection (b); and
(B) the payment that the agricultural producer would receive
using the alternate calculation method.
(d)(1) There is appropriated to the Secretary, out of funds of the
Treasury not otherwise appropriated, $5,000,000, to remain available
until September 30, 2019, to carry out the pilot program described in
this section.
[[Page 394]]
(2) Of the funds appropriated, the Secretary shall use not more than
$5,000,000 to carry out the pilot program described in this section.
(e)(1) To the maximum extent practicable, the Secretary shall select
States to participate in the pilot program under this section so the
cost of the pilot program equals the amount provided under subsection
(d).
(2) To the extent that the cost of the pilot program exceeds the
amount made available, the Secretary shall reduce all payments under the
pilot program on a pro rata basis.
(f) Nothing in this section affects the calculation of actual yield
for purposes of county-level agriculture risk coverage payments under
section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1))
other than payments made in accordance with the pilot program under this
section.
(g) A calculation of actual yield made using the alternate
calculation method described in subsection (b) shall not be used as a
basis for any agriculture risk coverage payment determinations under
section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) other than
for purposes of the pilot program under this section.
Sec. 753. For an additional amount for ``National Institute of Food
and Agriculture--Research and Education Activities'', $6,000,000, to be
available until expended, for relocation expenses and for the alteration
and repair of leased buildings and improvements pursuant to 7 U.S.C.
2250: Provided, That not later than 60 days after enactment of this
Act, the Secretary of Agriculture shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the planned uses of this funding.
Sec. 754. The Secretary of Agriculture and the Secretary's
designees are hereby granted the same access to information and subject
to the same requirements applicable to the Secretary of Housing and
Urban Development as provided in section 453 of the Social Security Act
(42 U.S.C. 653) and section 6103(1)(7)(D)(ix) of the Internal Revenue
Code of 1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to verify the income for
individuals participating in sections 502, 504, 521, and 524 of the
Housing Act of 1949 (42 U.S.C. 1972, 1474, 1490a, and 1490r),
notwithstanding section 453(l)(1) of the Social Security Act.
Sec. 755. In addition to amounts otherwise made available by this
Act under the heading ``Domestic Food Programs--Food and Nutrition
Services--Child Nutrition Programs'', there is appropriated $2,000,000,
to remain available until September 30, 2019, to allow allied
professional associations to develop a training program for school
nutrition personnel that focuses on school food service meal preparation
and workforce development.
Sec. 756. None of the funds made available by this Act may be used
to procure raw or processed poultry products imported into the United
States from the People's Republic of China for use in the school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), the Child and Adult Care Food Program under
section 17 of such Act (42 U.S.C. 1766), the Summer Food Service Program
for Children under section 13 of such Act (42 U.S.C. 1761), or the
school breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
[[Page 395]]
Sec. 757. In response to an eligible community where the drinking
water supplies are inadequate due to a natural disaster, as determined
by the Secretary, including drought or severe weather, the Secretary may
provide potable water through the Emergency Community Water Assistance
Grant Program for an additional period of time not to exceed 120 days
beyond the established period provided under the Program in order to
protect public health.
Sec. 758. Section 502(i) of the Housing Act of 1949 (42 U.S.C.
1472(i)), is amended by striking paragraph (1) and inserting the
following:
``(1) Authority; maximum amount.--To the extent provided in
advance in appropriations Acts, the Secretary may assess and
collect a fee for a lender to access the automated underwriting
systems of the Department in connection with such lender's
participation in the single family loan program under this
section and only in an amount necessary to cover the costs of
information technology enhancements, improvements, maintenance,
and development for automated underwriting systems used in
connection with the single family loan program under this
section, except that such fee shall not exceed $50 per loan.''.
Sec. 759. Of the total amounts made available by this Act for
direct loans and grants in the following headings: ``Rural Housing
Service--Rural Housing Insurance Fund Program Account''; ``Rural Housing
Service--Mutual and Self-Help Housing Grants''; ``Rural Economic
Infrastructure Grants''; ``Rural Housing Service--Rural Community
Facilities Program Account''; ``Rural Business-Cooperative Service--
Rural Business Program Account''; ``Rural Business-Cooperative Service--
Rural Economic Development Loans Program Account''; ``Rural Business-
Cooperative Service--Rural Cooperative Development Grants''; ``Rural
Utilities Service--Rural Water and Waste Disposal Program Account''; and
``Rural Utilities Service--Rural Electrification and Telecommunications
Loans Program Account'', at least 10 percent of the funds shall be
allocated for assistance in persistent poverty counties under this
section, including, notwithstanding any other provision regarding
population limits, any county seat of such a persistent poverty county
that has a population that does not exceed the authorized population
limit by more than 10 percent: Provided, That for purposes of this
section, the term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1980, 1990, and 2000 decennial
censuses, and 2007-2011 American Community Survey 5-year average:
Provided further, That with respect to specific activities for which
program levels have been made available by this Act that are not
supported by budget authority, the requirements of this section shall be
applied to such program level.
Sec. 760. (a) No funds shall be used to finalize the proposed rule
entitled ``Eligibility of the People's Republic of China (PRC) to Export
to the United States Poultry Products from Birds Slaughtered in the
PRC'' published in the Federal Register by the Department of Agriculture
on June 16, 2017 (82 Fed. Reg. 27625), unless the Secretary of
Agriculture shall--
(1) ensure that the poultry slaughter inspection system for
the PRC is equivalent to that of the United States;
[[Page 396]]
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry products
comply with all other applicable requirements for poultry
products in interstate commerce in the United States;
(3) conduct periodic verification reviews and audits of any
such plants in the PRC intending to export into the United
States processed poultry products;
(4) conduct re-inspection of such poultry products at United
States ports-of-entry to check the general condition of such
products, for the proper certification and labeling of such
products, and for any damage to such products that may have
occurred during transportation; and
(5) ensure that shipments of any such poultry products
selected to enter the United States are subject to additional
re-inspection procedures at appropriate levels to verify that
the products comply with relevant Federal regulations or
standards, including examinations for product defects and
laboratory analyses to detect harmful chemical residues or
pathogen testing appropriate for the products involved.
(b) This section shall be applied in a manner consistent with
obligations of the United States under any trade agreement to which the
United States is a party.
Sec. 761. (a) Section 2 of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1002) is amended in the matter following
paragraph (3) by striking ``$5,000,000'' and inserting ``$25,000,000''.
(b) Section 5 of the Watershed Protection and Flood Prevention Act
(16 U.S.C. 1005) is amended--
(1) in paragraph (3), by striking ``$5,000,000'' and
inserting ``$25,000,000''; and
(2) in paragraph (4), by striking ``$5,000,000'' and
inserting ``$25,000,000''.
Sec. 762. In addition to funds appropriated in this Act, there is
hereby appropriated $116,000,000, to remain available until expended,
under the heading ``Food for Peace Title II Grants'': Provided, That
the funds made available under this section shall be used for the
purposes set forth in the Food for Peace Act for both emergency and non-
emergency purposes.
Sec. 763. In addition to any other funds made available in this Act
or any other Act, there is appropriated $5,000,000 to carry out section
18(g)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769(g)), to remain available until expended.
Sec. 764. None of the funds made available by this Act may be used
by the Food and Drug Administration to develop, issue, promote, or
advance any regulations applicable to food manufacturers for population-
wide sodium reduction actions or to develop, issue, promote or advance
final guidance applicable to food manufacturers for long term
population-wide sodium reduction actions until the date on which a
dietary reference intake report with respect to sodium is completed.
Sec. 765. Pursuant to section 185 of Public Law 114-223 (as added
by Public Law 114-254 (130 Stat. 1018)), the Secretary of Agriculture
may provide financial and technical assistance to remove and dispose of
debris and sediment that could adversely affect health and safety on
non-Federal land in a flood-affected county or parish: Provided, That
such assistance may be used to restore pre-disaster hydraulic capacity
of the watershed: Provided
[[Page 397]]
further, That such assistance may not be used to correct an operation
and maintenance issue that existed prior to the disaster.
Sec. 766. Section 1244 of the Food Security Act of 1985 (16 U.S.C.
3844) is amended by adding at the end the following:
``(m) Exemption From Certain Reporting Requirements.--
``(1) Definition of exempted producer.--In this subsection,
the term `exempted producer' means a producer or landowner
eligible to participate in any conservation program administered
by the Secretary.
``(2) Exemption.--Notwithstanding the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-282;
31 U.S.C. 6101 note), the requirements of parts 25 and 170 of
title 2, Code of Federal Regulations (and any successor
regulations), shall not apply with respect to assistance
received by an exempted producer from the Secretary, acting
through the Natural Resources Conservation Service.''.
Sec. 767. There is hereby appropriated $600,000 for the purposes of
section 727 of division A of Public Law 112-55.
Sec. 768. None of the funds made available by this Act may be used
in contravention of--
(1) section 9(b)(10) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(10)); or
(2) section 245.8 of title 7, Code of Federal Regulations.
Sec. 769. There is hereby appropriated $1,000,000, to remain
available until September 30, 2019, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of 2014,
for necessary expenses of the Secretary to support projects that provide
access to healthy food in underserved areas, to create and preserve
quality jobs, and to revitalize low-income communities.
Sec. 770. During fiscal year 2018, the Food and Drug Administration
shall not allow the introduction or delivery for introduction into
interstate commerce of any food that contains genetically engineered
salmon until the FDA publishes final labeling guidelines for informing
consumers of such content.
Sec. 771. For an additional amount for ``Animal and Plant Health
Inspection Service--Salaries and Expenses'', $7,500,000, to remain
available until September 30, 2019, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 772. (a) The Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6931) is amended--
(1) by striking ``Subtitle B--Farm and Foreign Agricultural
Services'' and inserting ``Subtitle B--Farm Production and
Conservation''; and
(2) by revising section 225 to read as follows:
``SEC. 225. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUCTION AND
CONSERVATION.
``(a) Authorization.--The Secretary is authorized to establish in
the Department the position of Under Secretary of Agriculture for Farm
Production and Conservation.
``(b) Confirmation Required.--If the Secretary establishes the
position of Under Secretary of Agriculture for Farm Production and
Conservation authorized under subsection (a), the Under Secretary shall
be appointed by the President, by and with the advice and consent of the
Senate.
[[Page 398]]
``(c) Functions of Undersecretary.--The Under Secretary of
Agriculture for Farm Production and Conservation shall perform such
functions and duties as the Secretary shall prescribe.
``(d) Succession.--Any official who is serving as Under Secretary of
Agriculture for Farm and Foreign Agricultural Services on the date of
the enactment of this Act and who was appointed by the President, by and
with the advice and consent of the Senate, shall not be required to be
reappointed under subsection (b) to the successor position authorized
under subsection (a).''.
(b) Section 5314 of title 5, United States Code, is amended by
striking ``Under Secretary of Agriculture for Farm and Foreign
Agricultural Services.'' and inserting ``Under Secretary of Agriculture
for Farm Production and Conservation.'' and ``Under Secretary of
Agriculture for Trade and Foreign Agricultural Affairs.''.
Sec. 773. None of the funds made available by this or any other Act
may be used to enforce the final rule promulgated by the Food and Drug
Administration entitled ``Standards for the Growing, Harvesting,
Packing, and Holding of Produce for Human Consumption,'' and published
on November 27, 2015, with respect to the regulation of the production,
distribution, sale, or receipt of grape varietals that are grown,
harvested and used solely for wine and receive commercial processing
that adequately reduces the presence of microorganisms of public health
significance.
Sec. 774. None of the funds made available by this Act may be used
to revoke an exception made--
(1) pursuant to the rule entitled ``Exceptions to Geographic
Areas for Official Agencies Under the USGSA'' published by the
Department of Agriculture in the Federal Register on April 18,
2003 (68 Fed. Reg. 19137, 19139); and
(2) on a date before April 14, 2017.
Sec. 775. There is hereby appropriated $20,000,000, to remain
available until expended, for an additional amount for telemedicine and
distance learning services in rural areas, as authorized by 7 U.S.C
950aaa et seq., to help address the opioid epidemic in rural America.
Sec. 776. For school year 2018-2019, only a school food authority
that had a negative balance in the nonprofit school food service account
as of January 31, 2018, shall be required to establish a price for paid
lunches in accordance with Section 12(p) of the Richard B. Russell
National School Lunch Act, 42 U.S.C. 1760(p).
Sec. 777. There is hereby appropriated $5,000,000, to remain
available until September 30, 2019, for a pilot program for the National
Institute of Food and Agriculture to provide grants to nonprofit
organizations for programs and services to establish and enhance farming
and ranching opportunities for military veterans.
Sec. 778. For an additional amount for ``Department of Health and
Human Services--Food and Drug Administration--Salaries and Expenses'',
$94,000,000, to remain available until expended, in addition to amounts
otherwise made available for necessary expenses of processing opioid and
other articles imported or offered for import through international mail
facilities of the U.S. Postal Service: Provided, That such additional
amounts shall also be available for expanding and enhancing inspection
capacity related to such processing activity (including but not limited
to increasing staffing, obtaining necessary equipment and supplies, and
expanding and upgrading infrastructure, laboratory facilities, and data
libraries): Provided further, That amounts appropriated under this
section
[[Page 399]]
shall be in addition to amounts otherwise made available for research
and criminal investigations related to such import articles, and be
available for enhancing such research and investigations: Provided
further, That the Secretary of Health and Human Services shall provide
quarterly reports to the Committees on Appropriations of the House and
Senate on the obligation of amounts appropriated under this section.
Sec. 779. For an additional amount for ``Rural Utilities Service--
Distance Learning, Telemedicine, and Broadband Program'', $600,000,000,
to remain available until expended, for the Secretary of Agriculture to
conduct a new broadband loan and grant pilot program under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.): Provided, That for
the purpose of the new pilot program, the authorities provided in such
Act shall include the authority to make grants for such purposes, as
described in section 601(a) of such Act: Provided further, That the
cost of direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That at least 90
percent of the households to be served by a project receiving a loan or
grant under the pilot program shall be in a rural area without
sufficient access to broadband, defined for this pilot program as 10
Mbps downstream, and 1 Mbps upstream, which shall be reevaluated and
redetermined, as necessary, on an annual basis by the Secretary of
Agriculture: Provided further, That an entity to which a loan or grant
is made under the pilot program shall not use the loan or grant to
overbuild or duplicate broadband expansion efforts made by any entity
that has received a broadband loan from the Rural Utilities Service:
Provided further, That in addition to other available funds, not more
than four percent of the funds can be used for administrative costs to
carry out this pilot program and up to three percent may be utilized for
technical assistance and pre-development planning activities to support
the most rural communities, which shall be transferred to and merged
with the appropriation for ``Rural Development, Salaries and Expenses'':
Provided further, That the Rural Utility Service is directed to
expedite program delivery methods that would implement this section:
Provided further, That for purposes of this section, the Secretary shall
adhere to the notice, reporting and service area assessment requirements
set forth in sections 6104(a)(2)(D) and 6104(a)(2)(E) of the
Agricultural Act of 2014 (7 U.S.C. 950bb(d)(5), and 950bb(d)(8) and
950bb(d)(10)).
Sec. 780. For an additional amount for the cost of direct loans and
grants made under the ``Rural Water and Waste Disposal Program
Account'', $500,000,000, to remain available until expended, of which
not to exceed $495,000,000 shall be for grants.
Sec. 781. The Secretary of Agriculture and the Commissioner of Food
and Drugs shall--
(1) post on a public Website in a searchable format
information on competitive grant awards made using funds made
available under an appropriations Act (other than funds
appropriated to the Commodity Credit Corporation, the Forest
Service, or funds provided under the heading ``Food for Peace
Title II Grants'') that includes, with respect to each such
award, the Congressional District corresponding to the State,
District, Tribal jurisdiction, or territory of the United States
in which the recipient of the funds is geographically located;
and
[[Page 400]]
(2) not provide advance notification of such grant awards to
any person outside of the Department of Agriculture or the Food
and Drug Administration except potential awardees, until such
information is posted, as described in paragraph (1).
Sec. 782. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 783. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries and
expenses of personnel to carry out the Biomass Crop Assistance Program
authorized by section 9011 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8111).
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2018''.
DIVISION <> B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to sections 3702 and 3703 of title 44,
United States Code; full medical coverage for dependent members of
immediate families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of employees of
the International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years, and
expenses of alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use abroad; payment
of tort claims, in the manner authorized in the first paragraph of
section 2672 of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official representation
expenses abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining insurance on
official motor vehicles; and rental of tie lines, $495,000,000, to
remain available until September 30, 2019, of which $13,000,000 is to be
derived from fees to be retained and used by the International Trade
Administration, notwithstanding section 3302 of
[[Page 401]]
title 31, United States Code: Provided, That, of amounts provided under
this heading, not less than $16,400,000 shall be for China antidumping
and countervailing duty enforcement and compliance activities: Provided
further, That the provisions of the first sentence of section 105(f) and
all of section 108(c) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out
these activities; and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cultural Exchange Act
of 1961 shall include payment for assessments for services provided as
part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner authorized in the
first paragraph of section 2672 of title 28, United States Code, when
such claims arise in foreign countries; not to exceed $13,500 for
official representation expenses abroad; awards of compensation to
informers under the Export Administration Act of 1979, and as authorized
by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C.
401(b)); and purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law, $113,500,000, to remain available until expended:
Provided, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in
carrying out these activities: Provided further, That payments and
contributions collected and accepted for materials or services provided
as part of such activities may be retained for use in covering the cost
of such activities, and for providing information to the public with
respect to the export administration and national security activities of
the Department of Commerce and other export control programs of the
United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by section 27 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722), $262,500,000,
to remain available until expended, of which $21,000,000 shall be for
grants under such section 27.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $39,000,000:
[[Page 402]]
Provided, That these funds may be used to monitor projects approved
pursuant to title I of the Public Works Employment Act of 1976, title II
of the Trade Act of 1974, section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722), and the Community Emergency
Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $39,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$99,000,000, to remain available until September 30, 2019.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics, provided for by law, $270,000,000:
Provided, That, from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities: Provided further, That
the Bureau of the Census shall collect and analyze data for the Annual
Social and Economic Supplement to the Current Population Survey using
the same health insurance questions included in previous years, in
addition to the revised questions implemented in the Current Population
Survey beginning in February 2014.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics for periodic censuses and programs
provided for by law, $2,544,000,000, to remain available until September
30, 2020: Provided, That, from amounts provided herein, funds may be
used for promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $2,580,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the Bureau of the Census: Provided further, That not more
than 50 percent of the amounts made available under this heading for
information technology related to 2020 census delivery, including the
Census Enterprise Data Collection and Processing (CEDCaP) program, may
be obligated until the Secretary updates the previous expenditure plan
and resubmits to the Committees on Appropriations of the House of
Representatives and the Senate a plan for expenditure that: (1)
identifies
[[Page 403]]
for each CEDCaP project/investment over $25,000: (A) the functional and
performance capabilities to be delivered and the mission benefits to be
realized; (B) an updated estimated lifecycle cost, including cumulative
expenditures to date by fiscal year, and all revised estimates for
development, maintenance, and operations; (C) key milestones to be met;
and (D) impacts of cost variances on other Census programs; (2) details
for each project/investment: (A) reasons for any cost and schedule
variances; and (B) top risks and mitigation strategies; and (3) has been
submitted to the Government Accountability Office.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $39,500,000,
to remain available until September 30, 2019: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from other
Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended: Provided
further, That $7,500,000 shall be to update the national broadband
availability map in coordination with the Federal Communications
Commission and using partnerships previously developed with the States.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,500,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2018, so as to result in a fiscal year 2018
appropriation from the general
[[Page 404]]
fund estimated at $0: Provided further, That during fiscal year 2018,
should the total amount of such offsetting collections be less than
$3,500,000,000 this amount shall be reduced accordingly: Provided
further, That any amount received in excess of $3,500,000,000 in fiscal
year 2018 and deposited in the Patent and Trademark Fee Reserve Fund
shall remain available until expended: Provided further, That the
Director of USPTO shall submit a spending plan to the Committees on
Appropriations of the House of Representatives and the Senate for any
amounts made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the preceding
proviso shall be transferred to the United States Patent and Trademark
Office ``Salaries and Expenses'' account: Provided further, That from
amounts provided herein, not to exceed $900 shall be made available in
fiscal year 2018 for official reception and representation expenses:
Provided further, That in fiscal year 2018 from the amounts made
available for ``Salaries and Expenses'' for the USPTO, the amounts
necessary to pay (1) the difference between the percentage of basic pay
contributed by the USPTO and employees under section 8334(a) of title 5,
United States Code, and the normal cost percentage (as defined by
section 8331(17) of that title) as provided by the Office of Personnel
Management (OPM) for USPTO's specific use, of basic pay, of employees
subject to subchapter III of chapter 83 of that title, and (2) the
present value of the otherwise unfunded accruing costs, as determined by
OPM for USPTO's specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees who are
enrolled in Federal Employees Health Benefits (FEHB) and Federal
Employees Group Life Insurance (FEGLI), shall be transferred to the
Civil Service Retirement and Disability Fund, the FEGLI Fund, and the
FEHB Fund, as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any differences
between the present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's specific
use shall be recognized as an imputed cost on USPTO's financial
statements, where applicable: Provided further, That, notwithstanding
any other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to section
42(c) of title 35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29): Provided further,
That within the amounts appropriated, $1,000,000 shall be transferred to
the ``Office of Inspector General'' account for activities associated
with carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $724,500,000, to remain available until
[[Page 405]]
expended, of which not to exceed $9,000,000 may be transferred to the
``Working Capital Fund'': Provided, That not to exceed $20,000 shall be
for official reception and representation expenses: Provided further,
That NIST may provide local transportation for summer undergraduate
research fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$155,000,000, to remain available until expended, of which $140,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $15,000,000 shall be for the National Network for Manufacturing
Innovation (also known as ``Manufacturing USA'').
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation and maintenance of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by sections 13 through 15 of the
National Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $319,000,000, to remain available until expended: Provided,
That <> the Secretary of Commerce shall
include in the budget justification materials that the Secretary submits
to Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000, and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; pilot programs for state-
led fisheries management, notwithstanding any other provision of law;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities, $3,536,331,000, to remain available until
September 30, 2019, except that funds provided for cooperative
enforcement shall remain available until September 30, 2020: Provided,
That fees and donations received by the National Ocean Service for the
management of national marine sanctuaries may be retained and used for
the salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code: Provided
further, That in addition, $144,000,000 shall be derived by transfer
from the fund entitled ``Promote and Develop Fishery Products and
Research Pertaining to American Fisheries'', which shall only be used
for fishery activities related to the Saltonstall-Kennedy
[[Page 406]]
Grant Program, Cooperative Research, Annual Stock Assessments, Survey
and Monitoring Projects, Interjurisdictional Fisheries Grants, and Fish
Information Networks: Provided further, That of the $3,697,831,000
provided for in direct obligations under this heading, $3,536,331,000 is
appropriated from the general fund, $144,000,000 is provided by
transfer, and $17,500,000 is derived from recoveries of prior year
obligations: Provided further, That any deviation from the amounts
designated for specific activities in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any use of deobligated balances of funds provided
under this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents
under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such sums as
may be necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $2,290,684,000, to remain available until
September 30, 2020, except that funds provided for acquisition and
construction of vessels and construction of facilities shall remain
available until expended: Provided, That of the $2,303,684,000 provided
for in direct obligations under this heading, $2,290,684,000 is
appropriated from the general fund and $13,000,000 is provided from
recoveries of prior year obligations: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated balances
of funds provided under this heading in previous years, shall be subject
to the procedures set forth in section 505 <>
of this Act: Provided further, That the Secretary of Commerce shall
include in budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or construction
project having a total of more than $5,000,000 and simultaneously the
budget justification shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years: Provided further, That, within the amounts appropriated,
$1,302,000 shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out investigations and
audits related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September 30,
2019: Provided, That, of the funds provided herein,
[[Page 407]]
the Secretary of Commerce may issue grants to the States of Washington,
Oregon, Idaho, Nevada, California, and Alaska, and to the Federally
recognized tribes of the Columbia River and Pacific Coast (including
Alaska), for projects necessary for conservation of salmon and steelhead
populations that are listed as threatened or endangered, or that are
identified by a State as at-risk to be so listed, for maintaining
populations necessary for exercise of tribal treaty fishing rights or
native subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be developed by the
Secretary of Commerce: Provided further, That all funds shall be
allocated based on scientific and other merit principles and shall not
be available for marketing activities: Provided further, That funds
disbursed to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of the
Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $349,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fishery disaster assistance
For the necessary expenses associated with the mitigation of fishery
disasters, $20,000,000 to remain available until expended: Provided,
That funds shall be used for mitigating the effects of commercial
fishery failures and fishery resource disasters as declared by the
Secretary of Commerce.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2018, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $63,000,000.
renovation and modernization
For necessary expenses for the renovation and modernization of the
Herbert C. Hoover Building, $45,130,000, to remain available until
expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $32,744,000.
[[Page 408]]
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments
not otherwise authorized only upon the certification of officials
designated by the Secretary of Commerce that such payments are in the
public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. The <> requirements set forth
by section 105 of the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (Public Law 112-55), as amended by section 105
of title I of division B of Public Law 113-6, are hereby adopted by
reference and made applicable with respect to fiscal year 2018:
Provided, That the life cycle cost for the Joint Polar Satellite System
is $11,322,125,000 and the life cycle cost for the Geostationary
Operational Environmental Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the Secretary
may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms, or
organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to the
Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which initially
bears the costs of such services.
[[Page 409]]
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and Atmospheric
Administration is authorized to use, with their consent, with
reimbursement and subject to the limits of available appropriations, the
land, services, equipment, personnel, and facilities of any department,
agency, or instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or possession, or of
any political subdivision thereof, or of any foreign government or
international organization, for purposes related to carrying out the
responsibilities of any statute administered by the National Oceanic and
Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may be
accessed and downloaded for free online. Should a customer still require
the Service to provide a printed or digital copy of the report or
document, the charge shall be limited to recovering the Service's cost
of processing, reproducing, and delivering such report or document.
Sec. 109. The Secretary of Commerce may waive the requirement for
bonds under 40 U.S.C. 3131 with respect to contracts for the
construction, alteration, or repair of vessels, regardless of the terms
of the contracts as to payment or title, when the contract is made under
the Coast and Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.).
Sec. 110. To carry out the responsibilities of the National Oceanic
and Atmospheric Administration (NOAA), the Administrator of NOAA is
authorized to: (1) enter into grants and cooperative agreements with;
(2) use on a non-reimbursable basis land, services, equipment,
personnel, and facilities provided by; and (3) receive and expend funds
made available on a consensual basis from: a Federal agency, State or
subdivision thereof, local government, tribal government, territory, or
possession or any subdivisions thereof: Provided, That funds received
for permitting and related regulatory activities pursuant to this
section shall be deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and Facilities'' and
shall remain available until September 30, 2020, for such purposes:
Provided further, That all funds within this section and their
corresponding uses are subject to section 505 of this Act.
Sec. 111. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the Bureau of the Census, shall
be available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2018''.
[[Page 410]]
TITLE <> II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $114,000,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction,
$35,000,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $35,400,000 to this account, from
funds available to the Department of Justice for information technology,
to remain available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer authority
in the preceding proviso is in addition to any other transfer authority
contained in this Act: Provided further, That any transfer pursuant to
the first proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
executive office for immigration review
(including transfer of funds)
For expenses necessary for the administration of immigration-related
activities of the Executive Office for Immigration Review, $504,500,000,
of which $4,000,000 shall be derived by transfer from the Executive
Office for Immigration Review fees deposited in the ``Immigration
Examinations Fee'' account: Provided, That not to exceed $35,000,000 of
the total amount made available under this heading shall remain
available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$97,250,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $13,308,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor has
been appointed.
[[Page 411]]
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; the administration of pardon and clemency petitions; and rent
of private or Government-owned space in the District of Columbia,
$897,500,000, of which not to exceed $20,000,000 for litigation support
contracts shall remain available until expended: Provided, That of the
amount provided for INTERPOL Washington dues payments, not to exceed
$685,000 shall remain available until expended: Provided further, That
of the total amount appropriated, not to exceed $9,000 shall be
available to INTERPOL Washington for official reception and
representation expenses: Provided further, That notwithstanding section
205 of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer such
amounts to ``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That of the amount appropriated, such sums as may be necessary
shall be available to the Civil Rights Division for salaries and
expenses associated with the election monitoring program under section 8
of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the
Office of Personnel Management for such salaries and expenses: Provided
further, That of the amounts provided under this heading for the
election monitoring program, $3,390,000 shall remain available until
expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $10,000,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $164,977,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $126,000,000 in fiscal year 2018), shall be retained and
used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2018, so as to result in a
final fiscal year 2018 appropriation from the general fund estimated at
$38,977,000.
[[Page 412]]
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,136,750,000: Provided, That of the total amount appropriated, not to
exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $225,908,000, to remain available until expended: Provided,
That, notwithstanding any other provision of law, deposits to the United
States Trustee System Fund and amounts herein appropriated shall be
available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, fees collected pursuant to section 589a(b) of title 28, United
States Code, shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended: Provided
further, That to the extent that fees collected in fiscal year 2018, net
of amounts necessary to pay refunds due depositors, exceed $225,908,000,
those excess amounts shall be available in future fiscal years only to
the extent provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general fund shall be
reduced (1) as such fees are received during fiscal year 2018, net of
amounts necessary to pay refunds due depositors, (estimated at
$231,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from amounts deposited in the Fund in
previous fiscal years that are not otherwise appropriated, so as to
result in a final fiscal year 2018 appropriation from the general fund
estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,409,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private counsel
expenses, including advances, and for expenses of foreign counsel,
$270,000,000, to remain available until expended, of which not to exceed
$16,000,000 is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and maintenance
of armored and other vehicles for witness security caravans; and not to
exceed $15,000,000 is for the purchase, installation, maintenance, and
upgrade of secure telecommunications equipment and a secure automated
information network to store and retrieve the identities and locations
of protected witnesses: Provided, That amounts made available under
this heading may not be transferred pursuant to section 205 of this Act.
[[Page 413]]
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$15,500,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent circumstances
require additional funding for conflict resolution and violence
prevention activities of the Community Relations Service, the Attorney
General may transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,311,492,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$15,000,000 shall remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related support,
$53,400,000, to remain available until expended.
federal prisoner detention
(including transfer of funds)
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,536,000,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18, United
States Code: Provided further, That the United States Marshals Service
shall be responsible for managing the Justice Prisoner and Alien
Transportation System: Provided further, That any unobligated balances
available from funds appropriated under the heading ``General
Administration, Detention Trustee'' shall be transferred to and merged
with the appropriation under this heading.
[[Page 414]]
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $101,031,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this heading
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals involved in
transnational organized crime and drug trafficking, $542,850,000, of
which $50,000,000 shall remain available until expended: Provided, That
any amounts obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed from this
appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $9,030,202,000, of which not to exceed $216,900,000 shall remain
available until expended: Provided, That not to exceed $184,500 shall
be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment, furniture,
and information technology requirements, related to construction or
acquisition of buildings, facilities and sites by purchase, or as
otherwise authorized by law; conversion, modification and extension of
federally owned buildings; preliminary planning and design of projects;
and operation and maintenance of secure work environment facilities and
secure networking capabilities; $370,000,000, to remain available until
expended.
[[Page 415]]
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in such
programs and the distribution of items of token value that promote the
goals of such programs, $2,190,326,000, of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement agencies
with or without reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire accelerants
detection; and for provision of laboratory assistance to State and local
law enforcement agencies, with or without reimbursement, $1,293,776,000,
of which not to exceed $36,000 shall be for official reception and
representation expenses, not to exceed $1,000,000 shall be available for
the payment of attorneys' fees as provided by section 924(d)(2) of title
18, United States Code, and not to exceed $20,000,000 shall remain
available until expended: Provided, That none of the funds appropriated
herein shall be available to investigate or act upon applications for
relief from Federal firearms disabilities under section 925(c) of title
18, United States Code: Provided further, That such funds shall be
available to investigate and act upon applications filed by corporations
for relief from Federal firearms disabilities under section 925(c) of
title 18, United States Code: Provided further, That no funds made
available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol, Tobacco,
Firearms and Explosives to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$7,114,000,000: Provided, That <> the Attorney
General may transfer to the Department of Health and Human Services such
amounts as may be necessary for direct expenditures by that Department
for medical relief for inmates of Federal penal and correctional
institutions: Provided further, That the Director of the Federal Prison
System, where necessary, may enter into contracts
[[Page 416]]
with a fiscal agent or fiscal intermediary claims processor to determine
the amounts payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to the custody
of the Federal Prison System: Provided further, That not to exceed
$5,400 shall be available for official reception and representation
expenses: Provided further, That not to exceed $50,000,000 shall remain
available for necessary operations until September 30, 2019: Provided
further, That, of the amounts provided for contract confinement, not to
exceed $20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable agreements,
and other expenses: Provided further, That the Director of the Federal
Prison System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity which
has operated such program in the past, notwithstanding the fact that
such not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$161,571,000, to remain available until expended: Provided, That labor
of United States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of
[[Page 417]]
facilities and other property belonging to the corporation or in which
it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); and
the Rape Survivor Child Custody Act of 2015 (Public Law 114-22) (``the
2015 Act''); and for related victims services, $492,000,000, to remain
available until expended, which shall be derived by transfer from
amounts available for obligation in this Act from the Fund established
by section 1402 of chapter XIV of title II of Public Law 98-473 (34
U.S.C. 20101), notwithstanding section 1402(d) of such Act of 1984, and
merged with the amounts otherwise made available under this heading:
Provided, That except as otherwise provided by law, not to exceed 5
percent of funds made available under this heading may be used for
expenses related to evaluation, training, and technical assistance:
Provided further, That of the amount provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $35,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $3,500,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office of
Justice Programs;
(4) $11,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided,
[[Page 418]]
That unobligated balances available for the programs authorized
by sections 41201, 41204, 41303, and 41305 of the 1994 Act,
prior to its amendment by the 2013 Act, shall be available for
this program: Provided further, That 10 percent of the total
amount available for this grant program shall be available for
grants under the program authorized by section 2015 of the 1968
Act: Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to this
program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000 is
for a homicide reduction initiative;
(6) $35,000,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $40,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $45,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized
by section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of
the 1994 Act, prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $6,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist tribal governments
in exercising special domestic violence criminal jurisdiction,
as authorized by section 904 of the 2013 Act: Provided, That
the grant conditions in section 40002(b) of the 1994 Act shall
apply to this program; and
(17) $1,500,000 for the purposes authorized under the 2015
Act.
[[Page 419]]
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's
Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety Act
of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
Children Act of 2008 (Public Law 110-401); subtitle D of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 Act'');
the NICS Improvement Amendments Act of 2007 (Public Law 110-180); the
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); and other programs, $90,000,000, to remain available
until expended, of which--
(1) $48,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act, of which $5,000,000 is for a nationwide incident-based
crime statistics program; and
(2) $42,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
I of the 1968 Act and subtitle D of title II of the 2002 Act, of
which $4,000,000 is for research targeted toward developing a
better understanding of the domestic radicalization phenomenon,
and advancing evidence-based strategies for effective
intervention and prevention.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106-386); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-403);
the Victims of Crime Act of 1984 (Public Law 98-473);
[[Page 420]]
the Mentally Ill Offender Treatment and Crime Reduction Reauthorization
and Improvement Act of 2008 (Public Law 110-416); the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act'');
the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-
198) (``CARA''); the Justice for All Reauthorization Act of 2016 (Public
Law 114-324); and other programs, $1,677,500,000, to remain available
until expended as follows--
(1) $415,500,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g) of title I of
the 1968 Act shall not apply for purposes of this Act), of
which, notwithstanding such subpart 1, $10,000,000 is for the
Officer Robert Wilson III Memorial Initiative on Preventing
Violence Against Law Enforcement Officer Resilience and
Survivability (VALOR), $5,000,000 is for an initiative to
support evidence-based policing, $2,500,000 is for an initiative
to enhance prosecutorial decision-making, $2,400,000 is for the
operationalization, maintenance and expansion of the National
Missing and Unidentified Persons System, $2,500,000 is for a
national training initiative to improve police-based responses
to people with mental illness or developmental disabilities,
$20,000,000 is for competitive and evidence-based programs to
reduce gun crime and gang violence, $2,000,000 is for a student
loan repayment assistance program pursuant to section 952 of
Public Law 110-315, $15,500,000 is for prison rape prevention
and prosecution grants to states and units of local government,
and other programs, as authorized by the Prison Rape Elimination
Act of 2003 (Public Law 108-79), and $16,000,000 is for
emergency law enforcement assistance for events occurring during
or after fiscal year 2018, as authorized by section 609M of the
Justice Assistance Act of 1984 (34 U.S.C. 50101);
(2) $240,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other detainees
housed in State and local detention facilities;
(3) $77,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, for programs authorized under Public Law 109-164, or
programs authorized under Public Law 113-4;
(4) $3,000,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405, and
for grants for wrongful conviction review;
(5) $14,000,000 for economic, high technology, white collar
and Internet crime prevention grants, including as authorized by
section 401 of Public Law 110-403;
(6) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(7) $22,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of title
I of the 1968 Act: Provided, That $1,500,000 is transferred
directly to the National Institute of Standards and Technology's
[[Page 421]]
Office of Law Enforcement Standards for research, testing and
evaluation programs;
(8) $1,000,000 for the National Sex Offender Public Website;
(9) $75,000,000 for grants to States to upgrade criminal and
mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000 shall
be for grants made under the authorities of the NICS Improvement
Amendments Act of 2007 (Public Law 110-180);
(10) $30,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(11) $130,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $120,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and
Federal forensic activities, including the purposes
authorized under section 2 of the DNA Analysis Backlog
Elimination Act of 2000 (Public Law 106-546) (the Debbie
Smith DNA Backlog Grant Program): Provided, That up to
4 percent of funds made available under this paragraph
may be used for the purposes described in the DNA
Training and Education for Law Enforcement, Correctional
Personnel, and Court Officers program (Public Law 108-
405, section 303);
(B) $6,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Grant
Program (Public Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108-405;
(12) $47,500,000 for a grant program for community-based
sexual assault response reform;
(13) $12,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(14) $35,000,000 for assistance to Indian tribes;
(15) $85,000,000 for offender reentry programs and research,
as authorized by the Second Chance Act of 2007 (Public Law 110-
199), without regard to the time limitations specified at
section 6(1) of such Act, of which not to exceed $6,000,000 is
for a program to improve State, local, and tribal probation or
parole supervision efforts and strategies, $5,000,000 is for
Children of Incarcerated Parents Demonstrations to enhance and
maintain parental and family relationships for incarcerated
parents as a reentry or recidivism reduction strategy, and
$4,000,000 is for additional replication sites employing the
Project HOPE Opportunity Probation with Enforcement model
implementing swift and certain sanctions in probation, and for a
research project on the effectiveness of the model: Provided,
That up to $7,500,000 of funds made available in this paragraph
may be used for performance-based awards for Pay for Success
projects, of which up to $5,000,000 shall be for Pay for Success
programs implementing the Permanent Supportive Housing Model;
(16) $75,000,000 for the Comprehensive School Safety
Initiative;
[[Page 422]]
(17) $65,000,000 for initiatives to improve police-community
relations, of which $22,500,000 is for a competitive matching
grant program for purchases of body-worn cameras for State,
local and tribal law enforcement, $25,000,000 is for a justice
reinvestment initiative, for activities related to criminal
justice reform and recidivism reduction, and $17,500,000 is for
an Edward Byrne Memorial criminal justice innovation program;
and
(18) $330,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid abuse reduction
consistent with underlying program authorities--
(A) $75,000,000 for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $30,000,000 for mental health courts and adult
and juvenile collaboration program grants, as authorized
by parts V and HH of title I of the 1968 Act, and the
Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law
110-416);
(C) $30,000,000 for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by
part S of title I of the 1968 Act;
(D) $20,000,000 for a veterans treatment courts
program;
(E) $30,000,000 for a program to monitor
prescription drugs and scheduled listed chemical
products; and
(F) $145,000,000 for a comprehensive opioid abuse
program:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public
Law 110-401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); and other juvenile
justice programs, $282,500,000, to remain available until expended as
follows--
(1) $60,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
[[Page 423]]
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State, local
and tribal juvenile justice residential facilities;
(2) $94,000,000 for youth mentoring grants;
(3) $27,500,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261
and 262 thereof--
(A) $5,000,000 shall be for the Tribal Youth
Program;
(B) $4,000,000 shall be for gang and youth violence
education, prevention and intervention, and related
activities;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated
parents;
(D) $2,000,000 shall be for competitive grants
focusing on girls in the juvenile justice system;
(E) $8,000,000 shall be for community-based violence
prevention initiatives, including for public health
approaches to reducing shootings and violence; and
(F) $8,000,000 shall be for an opioid-affected youth
initiative;
(4) $21,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $76,000,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the
1974 Act (except that section 102(b)(4)(B) of the PROTECT Our
Children Act of 2008 (Public Law 110-401) shall not apply for
purposes of this Act);
(6) $2,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act; and
(7) $2,000,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
2 percent of the amounts designated under paragraphs (1) through (3) and
(6) may be used for training and technical assistance: Provided
further, That the two preceding provisos shall not apply to grants and
projects administered pursuant to sections 261 and 262 of the 1974 Act
and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $24,800,000 for payments authorized
by section 1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding
[[Page 424]]
for such disability and education payments, the Attorney General may
transfer such amounts to ``Public Safety Officer Benefits'' from
available appropriations for the Department of Justice as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); and the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''), $275,500,000, to remain
available until expended: Provided, That any balances made available
through prior year deobligations shall only be available in accordance
with section 505 of this Act: Provided further, That of the amount
provided under this heading--
(1) $225,500,000 is for grants under section 1701 of title I
of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsection (i) of such section: Provided,
That, notwithstanding section 1704(c) of such title (34 U.S.C.
10384(c)), funding for hiring or rehiring a career law
enforcement officer may not exceed $125,000 unless the Director
of the Office of Community Oriented Policing Services grants a
waiver from this limitation: Provided further, That within the
amounts appropriated under this paragraph, $30,000,000 is for
improving tribal law enforcement, including hiring, equipment,
training, anti-methamphetamine activities, and anti-opioid
activities: Provided further, That of the amounts appropriated
under this paragraph, $10,000,000 is for community policing
development activities in furtherance of the purposes in section
1701: Provided further, That of the amounts appropriated under
this paragraph $36,000,000 is for regional information sharing
activities, as authorized by part M of title I of the 1968 Act,
which shall be transferred to and merged with ``Research,
Evaluation, and Statistics'' for administration by the Office of
Justice Programs;
(2) $10,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $8,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and
laboratory dump seizures: Provided, That funds appropriated
under this paragraph shall be utilized for investigative
purposes to locate or investigate illicit activities, including
precursor diversion, laboratories, or methamphetamine
traffickers; and
(4) $32,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
[[Page 425]]
That these funds shall be utilized for investigative purposes to
locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration.
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $50,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case of
rape or incest: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act may be used
by Federal prisons to purchase cable television services, or to rent or
purchase audiovisual or electronic media or equipment used primarily for
recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 208. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information
[[Page 426]]
technology program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House of
Representatives and the Senate that the information technology program
has appropriate program management controls and contractor oversight
mechanisms in place, and that the program is compatible with the
enterprise architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 210. None of the funds appropriated by this Act may be used to
plan for, begin, continue, finish, process, or approve a public-private
competition under the Office of Management and Budget Circular A-76 or
any successor administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States Attorney
from the residency requirements of section 545 of title 28, United
States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by this
title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 3 percent of funds made available to the Office of
Justice Programs for grant or reimbursement programs may be used
by such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute of
Justice and the Bureau of Justice Statistics, shall be
transferred to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice Statistics, to be
used by them for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
Sec. 213. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2015 through 2018 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
[[Page 427]]
(2) For State, Tribal, and local reentry courts under part
FF of title I of such Act of 1968 (34 U.S.C. 10631 et seq.), the
requirements under section 2978(e)(1) and (2) of such part (34
U.S.C. 10633(e)(1) and (2)).
(3) For the prosecution drug treatment alternatives to
prison program under part CC of title I of such Act of 1968 (34
U.S.C. 10581), the requirements under the second sentence of
section 2901(f) of such part (34 U.S.C. 10581(f)).
Sec. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 215. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer
to facilitate the transfer of an operable firearm to an individual if
the Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2018, except up to $40,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2018, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2018, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under section 526 of division
H of Public Law 113-76, section 524 of division G of Public Law 113-235,
section 525 of division H of Public Law 114-113, and such authorities as
are enacted for Performance Partnership Pilots in an appropriations Act
for fiscal years 2017 and 2018.
This title may be cited as the ``Department of Justice
Appropriations Act, 2018''.
[[Page 428]]
TITLE III <>
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses, and rental of
conference rooms in the District of Columbia, $5,544,000.
National Space Council
For necessary expenses of the National Space Council, in carrying
out the purposes of Title V of Public Law 100-685 and Executive Order
13803, hire of passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, not to exceed $2,250 for
official reception and representation expenses, $1,965,000: Provided,
That notwithstanding any other provision of law, the National Space
Council may accept personnel support from Federal agencies, departments,
and offices, and such Federal agencies, departments, and offices may
detail staff without reimbursement to the National Space Council for
purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $6,221,500,000, to remain available until
September 30, 2019: Provided, That the formulation and development
costs (with development cost as defined under section 30104 of title 51,
United States Code) for the James Webb Space Telescope shall not exceed
$8,000,000,000: Provided further, That should the individual identified
under subsection (c)(2)(E) of section 30104 of title 51, United States
Code, as responsible for the James Webb Space Telescope determine that
the development cost of the program is likely to exceed that limitation,
the individual shall immediately notify the Administrator and the
increase shall be treated as if it meets the 30 percent threshold
described in subsection (f) of section 30104: Provided further, That,
of the amounts provided, $595,000,000 is for an orbiter and a lander to
meet the science goals for the Jupiter Europa mission as outlined in the
most recent planetary science decadal survey: Provided further, That
the National Aeronautics and Space
[[Page 429]]
Administration shall use the Space Launch System as the launch vehicles
for the Jupiter Europa mission, plan for an orbiter launch no later than
2022 and a lander launch no later than 2024, and include in the fiscal
year 2020 budget the 5-year funding profile necessary to achieve these
goals.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $685,000,000, to remain available until
September 30, 2019.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $760,000,000, to remain available until
September 30, 2019: Provided, That $130,000,000 shall be for RESTORE.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $4,790,000,000, to remain available until
September 30, 2019: Provided, That not less than $1,350,000,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,150,000,000 shall be for the Space Launch System (SLS)
launch vehicle, which shall have a lift capability not less than 130
metric tons and which shall have core elements and an Exploration Upper
Stage developed simultaneously: Provided further, That of the amounts
provided for SLS, not less than $300,000,000 shall be for Exploration
Upper Stage development: Provided further, That $895,000,000 shall be
for Exploration Ground Systems, including $350,000,000 for a second
mobile launch platform and associated
[[Page 430]]
SLS activities: Provided further, That the National Aeronautics and
Space Administration (NASA) shall provide to the Committees on
Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget profile
for an integrated system that includes the Space Launch System, the
Orion Multi-Purpose Crew Vehicle, and associated ground systems that
will ensure an Exploration Mission-2 crewed launch as early as possible,
as well as a system-based funding profile for a sustained launch cadence
beyond the initial crewed test launch: Provided further,
That <> acquisition of Orion crew vehicles,
SLS launch vehicles, Exploration Ground Systems, mobile launch
platforms, and their associated components may be funded incrementally
in fiscal year 2018 and thereafter: Provided further, That $395,000,000
shall be for exploration research and development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services; space
flight, spacecraft control and communications activities, including
operations, production, and services; maintenance and repair, facility
planning and design; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance and operation of mission and administrative aircraft,
$4,751,500,000, to remain available until September 30, 2019.
education
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$100,000,000, to remain available until September 30, 2019, of which
$18,000,000 shall be for the Established Program to Stimulate
Competitive Research and $40,000,000 shall be for the National Space
Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire
[[Page 431]]
of passenger motor vehicles; not to exceed $63,000 for official
reception and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$2,826,900,000, to remain available until September 30, 2019.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $562,240,000, to remain available until
September 30, 2023: Provided, That <>
proceeds from leases deposited into this account shall be available for
a period of 5 years to the extent and in amounts as provided in annual
appropriations Acts: Provided further, That such proceeds referred to
in the preceding proviso shall be available for obligation for fiscal
year 2018 in an amount not to exceed $9,470,300: Provided further, That
each <> annual budget request shall include
an annual estimate of gross receipts and collections and proposed use of
all funds collected pursuant to section 20145 of title 51, United States
Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $39,000,000, of which
$500,000 shall remain available until September 30, 2019.
administrative provisions
(including transfer of funds)
Funds <> for any announced prize
otherwise authorized shall remain available, without fiscal year
limitation, until a prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by NASA at
the theme, program, project and activity level. The spending plan, as
well as any subsequent change of an amount established in that spending
plan that meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
[[Page 432]]
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $6,334,476,000, to remain available
until September 30, 2019, of which not to exceed $544,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science support and logistical and other related activities for the
United States Antarctic program: Provided, That receipts for scientific
support services and materials furnished by the National Research
Centers and other National Science Foundation supported research
facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $182,800,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms in
the District of Columbia, $902,000,000, to remain available until
September 30, 2019.
agency operations and award management
For agency operations and award management necessary in carrying out
the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.);
services authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles; uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
rental of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for security guard
services; $328,510,000: Provided, That not to exceed $8,280 is for
official reception and representation expenses: Provided further, That
contracts may be entered into under this heading in fiscal year 2018 for
maintenance and operation of facilities and for other services to be
provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
[[Page 433]]
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of 1950
(42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,370,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $15,200,000, of which
$400,000 shall remain available until September 30, 2019.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 10 percent by any such transfers. Any
transfer pursuant to this paragraph shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
The Director of the National Science Foundation shall notify the
Committees on Appropriations of the House of Representatives and the
Senate at least 30 days in advance of the acquisition or disposal of any
capital asset (including land, structures, and equipment) not
specifically provided for in this Act or any other law appropriating
funds for the National Science Foundation.
This title may be cited as the ``Science Appropriations Act, 2018''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,700,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than 75
billable days, with the exception of the chairperson, who is permitted
125 billable days: Provided further, That none of the funds
appropriated in this paragraph shall be used for any activity or expense
that is not explicitly authorized by section 3 of the Civil Rights
Commission Act of 1983 (42 U.S.C. 1975a).
[[Page 434]]
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services as
authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $379,500,000: Provided, That the
Commission is authorized to make available for official reception and
representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until such
time as the Committees on Appropriations of the House of Representatives
and the Senate have been notified of such proposals, in accordance with
the reprogramming requirements of section 505 of this Act: Provided
further, That the Chair is authorized to accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to exceed $2,250
for official reception and representation expenses, $93,700,000, to
remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $410,000,000, of
which $376,000,000 is for basic field programs and required independent
audits; $5,100,000 is for the Office of Inspector General, of which such
amounts as may be necessary may be used to conduct additional audits of
recipients; $19,400,000 is for management and grants oversight;
$4,000,000 is for client self-help and information technology;
$4,500,000 is for a Pro Bono Innovation Fund; and $1,000,000 is for loan
repayment assistance: Provided, That the Legal Services Corporation may
continue to provide locality pay to officers and employees at a rate no
greater than that provided by the Federal Government to Washington, DC-
based employees as authorized by section 5304 of title 5, United States
Code, notwithstanding section 1005(d) of the Legal Services Corporation
Act (42 U.S.C. 2996d(d)): Provided further, That the
[[Page 435]]
authorities provided in section 205 of this Act shall be applicable to
the Legal Services Corporation: Provided further, That, for the
purposes of section 505 of this Act, the Legal Services Corporation
shall be considered an agency of the United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2017 and 2018, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.), $3,431,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $57,600,000, of which $1,000,000 shall
remain available until expended: Provided, That of the total amount
made available under this heading, not to exceed $124,000 shall be
available for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized
by section 611 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
from the Trade Enforcement Trust Fund: Provided, That any transfer
pursuant to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.)
$5,121,000, of which $500,000 shall remain available until September 30,
2019: Provided, That not to exceed $2,250 shall be available for
official reception and representation expenses: Provided further, That,
for the purposes of section 505 of this Act,
[[Page 436]]
the State Justice Institute shall be considered an agency of the United
States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to section
3109 of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year 2018,
or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds that: (1) creates or initiates a new program,
project or activity; (2) eliminates a program, project or activity; (3)
increases funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates an office
or employees; (5) reorganizes or renames offices, programs or
activities; (6) contracts out or privatizes any functions or activities
presently performed by Federal employees; (7) augments existing
programs, projects or activities in excess of $500,000 or 10 percent,
whichever is less, or reduces by 10 percent funding for any program,
project or activity, or numbers of personnel by 10 percent; or (8)
results from any general savings, including savings from a reduction in
personnel, which would result in a change in existing programs, projects
or activities as approved by Congress; unless the House and Senate
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment,
[[Page 437]]
suspension, and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term in
OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the status
of balances of appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the quarterly
reports shall separately identify the amounts attributable to each
source year of appropriation from which the balances were derived. For
balances that are obligated, but unexpended, the quarterly reports shall
separately identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted within
30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation of
a current accounting system, the department or agency shall fulfill such
aspect to the maximum extent practicable under such accounting system
and shall identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded under
this Act resulting from, or to prevent, personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That for the Department of Commerce, this section shall also
apply to actions taken for the care and protection of loan collateral or
grant property.
Sec. 509. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to seek
the reduction or removal by any foreign country of restrictions on the
marketing of tobacco or tobacco products, except for restrictions which
are not applied equally to all tobacco or tobacco products of the same
type.
Sec. 510. Notwithstanding <> any other
provision of law, amounts deposited or available in the Fund established
by section 1402 of chapter XIV of title II of Public Law 98-473 (34
U.S.C. 20101) in any fiscal year in excess of $4,436,000,000 shall not
be available for obligation until the following fiscal year: Provided,
That notwithstanding section 1402(d) of such Act, of the amounts
available from the Fund for obligation: (1) $10,000,000 shall remain
available until expended to the Department of Justice Office of
Inspector General for oversight and auditing purposes; and (2) 3 percent
shall be available to the Office for Victims of Crime for grants,
[[Page 438]]
consistent with the requirements of the Victims of Crime Act, to Indian
tribes to improve services for victims of crime.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate the
religious or moral beliefs of students who participate in programs for
which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are appropriated
by this Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a description of
areas of particular interest, within 180 days after initiating such an
audit and every 180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as appropriate,
shall make the results of the audit available to the public on the
Internet website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall be made
available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in any
other manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 514. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard
[[Page 439]]
Publication 199, ``Standards for Security Categorization of Federal
Information and Information Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems within
the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available under
this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless the
head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy for
any identified risks;
(2) determined, in consultation with NIST and the FBI, that
the acquisition of such system is in the national interest of
the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
Sec. 515. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 516. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States in
connection with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of subsection
(b) of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
[[Page 440]]
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in the
United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first in
the Federal Register, that the Government of Canada has implemented or
maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in the
escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 517. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny any
application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to import
United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 518. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the text
of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 519. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of any
of the following laws authorizing the Federal Bureau of Investigation to
issue national security letters: The Right to Financial Privacy Act of
1978; The Electronic Communications Privacy Act of 1986; The Fair Credit
Reporting Act; The National Security Act of 1947; USA PATRIOT Act; USA
FREEDOM Act of 2015; and the laws amended by these Acts.
Sec. 520. If at any time during any quarter, the program manager of
a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more
[[Page 441]]
than $75,000,000 has reasonable cause to believe that the total program
cost has increased by 10 percent or more, the program manager shall
immediately inform the respective Secretary, Administrator, or Director.
The Secretary, Administrator, or Director shall notify the House and
Senate Committees on Appropriations within 30 days in writing of such
increase, and shall include in such notice: the date on which such
determination was made; a statement of the reasons for such increases;
the action taken and proposed to be taken to control future cost growth
of the project; changes made in the performance or schedule milestones
and the degree to which such changes have contributed to the increase in
total program costs or procurement costs; new estimates of the total
project or procurement costs; and a statement validating that the
project's management structure is adequate to control total project or
procurement costs.
Sec. 521. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2018 until the enactment of the Intelligence
Authorization Act for fiscal year 2018.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to the
agency awarding the contract or grant that, to the best of its knowledge
and belief, the contractor or grantee has filed all Federal tax returns
required during the three years preceding the certification, has not
been convicted of a criminal offense under the Internal Revenue Code of
1986, and has not, more than 90 days prior to certification, been
notified of any unpaid Federal tax assessment for which the liability
remains unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been approved by
the Internal Revenue Service and is not in default, or the assessment is
the subject of a non-frivolous administrative or judicial proceeding.
(rescissions)
Sec. 523. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, Economic
Development Administration, Economic Development Assistance Programs,
$10,000,000 is rescinded not later than September 30, 2018.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby rescinded, not later than
September 30, 2018, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $154,768,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $127,291,000 including from, but not limited to,
fees collected to defray expenses for the automation of
fingerprint identification and criminal justice information
services and associated costs;
(3) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $15,000,000;
[[Page 442]]
(4) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $40,000,000;
(5) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $10,000,000; and
(6) ``Legal Activities, Assets Forfeiture Fund'',
$304,000,000, is permanently rescinded.
(c) The Departments of Commerce and Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2018, specifying the amount
of each rescission made pursuant to subsections (a) and (b).
Sec. 524. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 525. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency, who are stationed in the United
States, at any single conference occurring outside the United States
unless such conference is a law enforcement training or operational
conference for law enforcement personnel and the majority of Federal
employees in attendance are law enforcement personnel stationed outside
the United States.
Sec. 526. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other detainee
who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 527. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire, or
modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 528. The Director of the Office of Management and Budget shall
instruct any department, agency, or instrumentality of the United States
receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in
[[Page 443]]
its annual performance plan and performance and accountability reports
the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on
the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Sec. 529. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA) or the
Office of Science and Technology Policy (OSTP) to develop, design, plan,
promulgate, implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or coordinate
bilaterally in any way with China or any Chinese-owned company unless
such activities are specifically authorized by a law enacted after the
date of enactment of this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA or OSTP, after consultation with the
Federal Bureau of Investigation, have certified--
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, and the Federal Bureau of Investigation, no later than 30
days prior to the activity in question and shall include a description
of the purpose of the activity, its agenda, its major participants, and
its location and timing.
Sec. 530. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel to deny, or fail to act on,
an application for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily adaptable
to sporting purposes.
Sec. 531. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless
[[Page 444]]
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution,
adjudication, or other law enforcement- or victim assistance-related
activity.
Sec. 532. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, the National Science Foundation,
the Commission on Civil Rights, the Equal Employment Opportunity
Commission, the International Trade Commission, the Legal Services
Corporation, the Marine Mammal Commission, the Offices of Science and
Technology Policy and the United States Trade Representative, the
National Space Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of Representatives and the
Senate within 45 days after the date of enactment of this Act.
Sec. 533. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 534. The Department of Commerce, the National Aeronautics and
Space Administration, and the National Science Foundation shall provide
a quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose of such
travel.
Sec. 535. Of the amounts made available by this Act, not less than
10 percent of each total amount provided, respectively, for Public Works
grants authorized by the Public Works and Economic Development Act of
1965 and grants authorized by section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty counties'' means
any county that has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990 and 2000
decennial censuses and the most recent Small Area Income and Poverty
Estimates.
Sec. 536. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance that
does not meet the basic requirements of a contract.
Sec. 537. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
Sec. 538. None of the funds made available under this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York,
[[Page 445]]
North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia,
Washington, West Virginia, Wisconsin, and Wyoming, or with respect to
the District of Columbia, Guam, or Puerto Rico, to prevent any of them
from implementing their own laws that authorize the use, distribution,
possession, or cultivation of medical marijuana.
Sec. 539. Not later than 30 days <> after the
enactment of this Act, the Secretary of Commerce (Secretary) shall lift
the stay on the effective date of the final rule for the seafood import
monitoring program published by the Secretary on December 9, 2016, (81
Fed. Reg. 88975 et seq.) for the species described in section
300.324(a)(3) of title 50, Code of Federal Regulations: Provided, That
the compliance date for the species described in section 300.324(a)(3)
of title 50, Code of Federal Regulations, shall occur not later than
December 31, 2018: Provided further, That not later than December 31,
2018, the Secretary shall establish a traceability program for United
States inland, coastal, and marine aquaculture of shrimp and abalone
from point of production to entry into United States commerce: Provided
further, That the Secretary shall promulgate such regulations as are
necessary and appropriate to establish and implement the program:
Provided further, That information collected pursuant to a regulation
promulgated under this section shall be confidential and not be
disclosed except for the information disclosed under section 401(b)(1)
of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1881a(b)(1)): Provided further, That any regulations promulgated
under this section shall be enforced as if this section were a provision
of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) and the regulations were promulgated under such
Act.
Sec. 540. For an additional amount for ``Department of Justice,
State and Local Law Enforcement Activities, Office of Justice Programs,
State and Local Law Enforcement Assistance'', $2,500,000 to keep young
athletes safe.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2018''.
DIVISION C--DEPARTMENT <> OF DEFENSE APPROPRIATIONS ACT, 2018
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $41,628,855,000.
[[Page 446]]
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $28,772,118,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $13,231,114,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $28,790,440,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,715,608,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section
[[Page 447]]
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$1,988,362,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $764,903,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $1,802,554,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$8,264,626,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or
[[Page 448]]
other duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $3,408,817,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$38,816,957,000: Provided, That not to exceed $12,478,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $45,384,353,000: Provided, That not to exceed
$15,055,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of the Navy,
and payments may be made on his certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$6,605,546,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$39,544,193,000: Provided, That not to exceed $7,699,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Air Force, and payments
may be made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$34,059,257,000: Provided, That not more than $15,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity for
confidential
[[Page 449]]
military purposes: Provided further, That of the funds provided under
this heading, not less than $38,458,000 shall be made available for the
Procurement Technical Assistance Cooperative Agreement Program, of which
not less than $3,600,000 shall be available for centers defined in 10
U.S.C. 2411(1)(D): Provided further, That none of the funds
appropriated or otherwise made available by this Act may be used to plan
or implement the consolidation of a budget or appropriations liaison
office of the Office of the Secretary of Defense, the office of the
Secretary of a military department, or the service headquarters of one
of the Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $9,385,000, to remain available until
expended, is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary of
Defense to operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged with and
to be available for the same time period as the appropriations to which
transferred: Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and maintenance
funds shall not apply to the funds described in the preceding proviso:
Provided further, That of the funds provided under this heading,
$631,670,000, of which $157,917,000, to remain available until September
30, 2019, shall be available to provide support and assistance to
foreign security forces or other groups or individuals to conduct,
support or facilitate counterterrorism, crisis response, or other
Department of Defense security cooperation programs: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $2,877,104,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,069,707,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $284,837,000.
[[Page 450]]
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,202,307,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $7,284,170,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,900,798,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $14,538,000, of which not to exceed $5,000
may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $235,809,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made
[[Page 451]]
available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $365,883,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $352,549,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
[[Page 452]]
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $19,002,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be merged
with and to be available for the same purposes and for the same time
period as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $248,673,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $129,900,000, to remain available until
September 30, 2019.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $350,000,000, to remain
available until September 30, 2020.
[[Page 453]]
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $500,000,000, to remain available for obligation until September
30, 2019: Provided, That no other amounts may be otherwise credited or
transferred to the Fund, or deposited into the Fund, in fiscal year 2018
pursuant to section 1705(d) of title 10, United States Code: Provided
further, That within 60 days after the date of enactment of this Act,
the Secretary of Defense shall transfer to the Treasury from amounts
made available under this heading an amount equal to any amounts
transferred to the Fund for fiscal year 2018 before the date of the
enactment of this Act pursuant to section 1705(d)(3) of title 10, United
States Code, or any other provision of law: Provided further, That
amounts so transferred shall be deposited in the Treasury as
miscellaneous receipts.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,535,794,000, to remain available for obligation until
September 30, 2020.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,196,910,000, to remain available for obligation until
September 30, 2020.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment
[[Page 454]]
and training devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $4,391,573,000, to
remain available for obligation until September 30, 2020.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $2,548,740,000, to remain available for obligation until
September 30, 2020.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $8,298,418,000, to
remain available for obligation until September 30, 2020.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$19,957,380,000, to remain available for obligation until September 30,
2020.
[[Page 455]]
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $3,510,590,000, to remain available for obligation
until September 30, 2020.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $804,335,000, to remain available for obligation until
September 30, 2020.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long lead
time components and designs for vessels to be constructed or converted
in the future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, as follows:
Ohio Replacement Submarine (AP), $861,853,000;
Carrier Replacement Program (CVN 80), $1,569,646,000;
Carrier Replacement Program (CVN 79), $2,561,058,000;
Virginia Class Submarine, $3,305,315,000;
Virginia Class Submarine (AP), $2,145,596,000;
CVN Refueling Overhauls, $1,569,669,000;
CVN Refueling Overhauls (AP), $75,897,000;
DDG-1000 Program, $216,968,000;
DDG-51 Destroyer, $3,357,079,000;
DDG-51 Destroyer (AP), $90,336,000;
Littoral Combat Ship, $1,566,971,000;
Amphibious Ship Replacement, $1,800,000,000;
Expeditionary Sea Base, $635,000,000;
LHA Replacement, $1,710,927,000;
Expeditionary Fast Transport, $225,000,000;
TAO Fleet Oiler, $457,988,000;
TAO Fleet Oiler (AP), $75,068,000;
[[Page 456]]
Towing, Salvage, and Rescue Ship, $76,204,000;
T-AGS Oceanographic Survey Ship, $180,000,000;
Ship to Shore Connector, $524,554,000;
Service Craft, $62,994,000;
For outfitting, post delivery, conversions, and first
destination transportation, $489,073,000;
Completion of Prior Year Shipbuilding Programs,
$117,542,000; and
Polar Icebreakers, $150,000,000.
In all: $23,824,738,000, to remain available for obligation until
September 30, 2022: Provided, That additional obligations may be
incurred after September 30, 2022, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for production of
the common missile compartment of nuclear-powered vessels may be
available for multiyear procurement of critical components to support
continuous production of such compartments only in accordance with the
provisions of subsection (i) of section 2218a of title 10, United States
Code (as added by section 1023 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328)).
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $7,941,018,000, to remain available for obligation
until September 30, 2020.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, $1,942,737,000, to remain available for obligation until
September 30, 2020.
[[Page 457]]
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $18,504,556,000, to remain available for
obligation until September 30, 2020.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,207,747,000, to remain
available for obligation until September 30, 2020.
Space Procurement, Air Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $3,552,175,000, to remain
available for obligation until September 30, 2020.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other
[[Page 458]]
expenses necessary for the foregoing purposes, $1,651,977,000, to remain
available for obligation until September 30, 2020.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $20,503,273,000, to remain available for
obligation until September 30, 2020.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$5,429,270,000, to remain available for obligation until September 30,
2020.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $67,401,000, to remain available until
expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $10,647,426,000, to
remain available for obligation until September 30, 2019.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment,
[[Page 459]]
$18,010,754,000, to remain available for obligation until September 30,
2019: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $37,428,078,000, to
remain available for obligation until September 30, 2019.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $22,010,975,000, to remain
available for obligation until September 30, 2019: Provided, That, of
the funds made available in this paragraph, $250,000,000 for the Defense
Rapid Innovation Program shall only be available for expenses, not
otherwise provided for, to include program management and oversight, to
conduct research, development, test and evaluation to include proof of
concept demonstration; engineering, testing, and validation; and
transition to full-scale production: Provided further, That the
Secretary of Defense may transfer funds provided herein for the Defense
Rapid Innovation Program to appropriations for research, development,
test and evaluation to accomplish the purpose provided herein: Provided
further, That this transfer authority is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That the Secretary of Defense shall, not fewer than 30 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $210,900,000, to remain available for obligation until
September 30, 2019.
[[Page 460]]
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,685,596,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$34,428,167,000; of which $31,521,850,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2019, and of which up to
$15,349,700,000 may be available for contracts entered into under the
TRICARE program; of which $867,002,000, to remain available for
obligation until September 30, 2020, shall be for procurement; and of
which $2,039,315,000, to remain available for obligation until September
30, 2019, shall be for research, development, test and evaluation:
Provided, That, notwithstanding any other provision of law, of the
amount made available under this heading for research, development, test
and evaluation, not less than $8,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations: Provided further,
That of the funds provided under this heading for research, development,
test and evaluation, not less than $1,095,100,000 shall be made
available to the United States Army Medical Research and Materiel
Command to carry out the congressionally directed medical research
programs.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $961,732,000, of which $104,237,000 shall be
for operation and maintenance, of which no less than $49,401,000 shall
be for the Chemical Stockpile Emergency Preparedness Program, consisting
of $21,045,000 for activities on military installations and $28,356,000,
to remain available until September 30, 2019, to assist State and local
governments; $18,081,000 shall be for procurement, to remain available
until September 30, 2020, of which $16,787,000 shall be for the Chemical
Stockpile Emergency Preparedness Program to assist State and local
governments and $1,294,000 for activities on military installations; and
$839,414,000, to remain available until September 30, 2019, shall be for
research, development, test and evaluation, of which $831,900,000 shall
only be for the Assembled Chemical Weapons Alternatives program.
[[Page 461]]
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $934,814,000, of which $552,648,000
shall be for counter-narcotics support; $120,813,000 shall be for the
drug demand reduction program; $236,353,000 shall be for the National
Guard counter-drug program; and $25,000,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $321,887,000, of which $319,087,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $2,800,000, to remain available until September
30, 2019, shall be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $537,600,000.
[[Page 462]]
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. During <> the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national employees
of the Department of Defense funded by this Act shall not be at a rate
in excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 25 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training of
the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$4,250,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by the Congress: Provided further, That
the Secretary of Defense shall notify the Congress promptly of all
transfers made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher priority
items, based on unforeseen military requirements, than those for which
originally appropriated and in no case where the
[[Page 463]]
item for which reprogramming is requested has been denied by the
Congress: Provided further, That a request for multiple reprogrammings
of funds using authority provided in this section shall be made prior to
June 30, 2018: Provided further, That transfers among military
personnel appropriations shall not be taken into account for purposes of
the limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2018: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
[[Page 464]]
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Secretary of
Defense has notified the Congress of the proposed transfer: Provided
further, That except in amounts equal to the amounts appropriated to
working capital funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war reserve
material inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30 calendar
days in advance to the congressional defense committees.
Sec. 8010. None <> of the funds provided
in this Act shall be available to initiate: (1) a multiyear contract
that employs economic order quantity procurement in excess of
$20,000,000 in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a contract for
advance procurement leading to a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in any one
year, unless the congressional defense committees have been notified at
least 30 days in advance of the proposed contract award: Provided, That
no part of any appropriation contained in this Act shall be available to
initiate a multiyear contract for which the economic order quantity
advance procurement is not funded at least to the limits of the
Government's liability: Provided further, That no part of any
appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or component thereof if
the value of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no multiyear
procurement contract can be terminated without 30-day prior notification
to the congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a present
value analysis to determine lowest cost compared to an annual
procurement: Provided further, That none of the funds provided in this
Act may be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
[[Page 465]]
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows: V-22 Osprey aircraft
variants; up to 13 SSN Virginia Class Submarines and Government-
furnished equipment; and DDG-51 Arleigh Burke class Flight III guided
missile destroyers, the MK41 Vertical Launching Systems, and associated
Government-furnished systems and subsystems: Provided, That the term of
any multiyear procurement contract for V-22 Osprey aircraft variants
entered into for use of any part of any appropriation contained in this
Act may not exceed 5 years.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States Code.
Such funds may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States Code,
and these obligations shall be reported as required by section 401(d) of
title 10, United States Code: Provided, That funds available for
operation and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a determination by the
Secretary of the Army that such action is beneficial for graduate
medical education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision of
medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during that
fiscal year shall not be subject to any constraint or limitation (known
as an end-strength) on the number of such personnel who may be employed
on the last day of such fiscal year.
(b) The fiscal year 2019 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2019 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2019.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
2358 note) civilian personnel at the Department of Army
[[Page 466]]
Science and Technology Reinvention Laboratories may not be managed on
the basis of the Table of Distribution and Allowances, and the
management of the workforce strength shall be done in a manner
consistent with the budget available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987: Provided further, That this section applies only to
active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and agencies)
of welded shipboard anchor and mooring chain 4 inches in diameter and
under unless the anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured in the
United States: Provided, That for the purpose of this section, the term
``manufactured'' shall include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations
that such an acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8017. None of the funds appropriated by this Act shall be used
for the support of any nonappropriated funds activity of the Department
of Defense that procures malt beverages and
[[Page 467]]
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located in the
United States unless such malt beverages and wine are procured within
that State, or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is located:
Provided, That, in a case in which the military installation is located
in more than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8018. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional defense
committees that such a relocation is required in the best interest of
the Government.
Sec. 8020. Of the funds made available in this Act, $20,000,000
shall be available for incentive payments authorized by section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided, That a
prime contractor or a subcontractor at any tier that makes a subcontract
award to any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and controlled
by an individual or individuals defined under section 4221(9) of title
25, United States Code, shall be considered a contractor for the
purposes of being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves the
expenditure of funds appropriated by an Act making appropriations for
the Department of Defense with respect to any fiscal year: Provided
further, That notwithstanding section 1906 of title 41, United States
Code, this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items produced or
manufactured, in whole or in part, by any subcontractor or supplier
defined in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals defined
under section 4221(9) of title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
[[Page 468]]
Sec. 8022. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed $350,000,000
for purposes specified in section 2350j(c) of title 10, United States
Code, in anticipation of receipt of contributions, only from the
Government of Kuwait, under that section: Provided, That, upon receipt,
such contributions from the Government of Kuwait shall be credited to
the appropriations or fund which incurred such obligations.
Sec. 8023. (a) Of the funds made available in this Act, not less
than $43,100,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $30,800,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $10,600,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,700,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8024. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity
of a defense FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated for his
or her services as a member of such entity, or as a paid consultant by
more than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal Joint
Travel Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2018, not more than 6,030
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided, That, of the specific amount referred to previously
in this subsection, not more than 1,125 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the National
Intelligence Program (NIP) and the Military Intelligence Program (MIP).
[[Page 469]]
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2019 budget request, submit a report presenting
the specific amounts of staff years of technical effort to be allocated
for each defense FFRDC during that fiscal year and the associated budget
estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$131,000,000.
Sec. 8025. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy, or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel Institute (AISI)
specifications of carbon, alloy or armor steel plate: Provided further,
That the Secretary of the military department responsible for the
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8026. For <> the purposes of this
Act, the term ``congressional defense committees'' means the Armed
Services Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
Sec. 8027. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8028. (a)(1) <> If the Secretary of
Defense, after consultation with the United States Trade Representative,
determines that a foreign country which is party to an agreement
described in paragraph (2) has violated the terms of the agreement by
discriminating against certain types of products produced in the United
States that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary
[[Page 470]]
of Defense has prospectively waived the Buy American Act for certain
products in that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2018. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to any
agreement described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement to which
the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8029. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8030. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of Nevada,
Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and
Washington relocatable military housing units located at Grand Forks Air
Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are excess to
the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under subsection (a)
before submitting requests to the Secretary of the Air Force under
subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8031. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $250,000.
Sec. 8032. None of the funds made available by this Act may be used
to--
(1) disestablish, or prepare to disestablish, a Senior
Reserve Officers' Training Corps program in accordance with
Department of Defense Instruction Number 1215.08, dated June 26,
2006; or
(2) close, downgrade from host to extension center, or place
on probation a Senior Reserve Officers' Training Corps program
[[Page 471]]
in accordance with the information paper of the Department of
the Army titled ``Army Senior Reserve Officer's Training Corps
(SROTC) Program Review and Criteria'', dated January 27, 2014.
Sec. 8033. The <> Secretary of Defense
shall issue regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United States, its
territories and possessions at a price below the most competitive price
in the local community: Provided, That such regulations shall direct
that the prices of tobacco or tobacco-related products in overseas
military retail outlets shall be within the range of prices established
for military retail system stores located in the United States.
Sec. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2019 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2019 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2019 procurement appropriation and not in the supply
management business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8035. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year, except for funds appropriated for the
Reserve for Contingencies, which shall remain available until September
30, 2019: Provided, That <> funds
appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or
any prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action programs
authorized by the President under section 503 of the National Security
Act of 1947 (50 U.S.C. 3093) shall remain available until September 30,
2019.
Sec. 8036. Up to $10,322,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of enabling
the Pacific Command to execute Theater Security Cooperation activities
such as humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign security forces:
Provided, That funds made available for this purpose may be used,
notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses: Provided
further, That funds may
[[Page 472]]
not be obligated to provide assistance to any foreign country that is
otherwise prohibited from receiving such type of assistance under any
other provision of law.
Sec. 8037. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8038. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act. For purposes of
this subsection, the term ``Buy American Act'' means chapter 83 of title
41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality competitive, and available in a timely fashion.
Sec. 8039. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis, if
the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive
devices, and, as determined by the Secretary of the Army, other
similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
[[Page 473]]
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8040. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the enactment
of this Act, is performed by Department of Defense civilian employees
unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or exceeds
the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or function
under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any commercial
or industrial type function of the Department of Defense that--
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O'Day Act (section 8503 of
title 41, United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in accordance
with that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
[[Page 474]]
(2) This section shall not apply to depot contracts or contracts for
depot maintenance as provided in sections 2469 and 2474 of title 10,
United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to be
awarded under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the competition or
outsourcing of commercial activities.
(rescissions)
Sec. 8041. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
or as an emergency requirement pursuant to the Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended:
``Other Procurement, Army'', 2016/2018, $5,517,000;
``Aircraft Procurement, Navy'', 2016/2018, $172,000,000;
``Aircraft Procurement, Air Force'', 2016/2018, $56,900,000;
``Procurement of Ammunition, Air Force'', 2016/2018,
$5,000,000;
``Procurement, Defense-wide'', 2016/2018, $7,264,000;
``Missile Procurement, Army'', 2017/2019, $19,319,000;
``Aircraft Procurement, Army'', 2017/2019, $17,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2017/2019, $7,064,000;
``Procurement of Ammunition, Army'', 2017/2019, $15,507,000;
``Other Procurement, Army'', 2017/2019, $12,535,000;
``Aircraft Procurement, Navy'', 2017/2019, $45,900,000;
``Weapons Procurement, Navy'', 2017/2019, $32,200,000;
``Shipbuilding and Conversion, Navy: Carrier Replacement
Program'', 2017/2021, $14,000,000;
``Aircraft Procurement, Air Force'', 2017/2019, $78,347,000;
``Missile Procurement, Air Force'', 2017/2019, $31,639,000;
``Space Procurement, Air Force'', 2017/2019, $34,900,000;
``Procurement of Ammunition, Air Force'', 2017/2019,
$18,000,000;
``Other Procurement, Air Force'', 2017/2019, $136,691,000;
``Research, Development, Test and Evaluation, Army'', 2017/
2018, $62,331,000;
``Research, Development, Test and Evaluation, Navy'', 2017/
2018, $9,128,000;
``Research, Development, Test and Evaluation, Air Force'',
2017/2018, $131,000,000; and
``Defense Health Program: Research, Development, Test and
Evaluation'', 2017/2018, $30,000,000.
Sec. 8042. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard,
[[Page 475]]
Army Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or
reduction on military technicians (dual status), unless such reductions
are a direct result of a reduction in military force structure.
Sec. 8043. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to the
Democratic People's Republic of Korea unless specifically appropriated
for that purpose.
Sec. 8044. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8045. (a) <> None of the funds
available to the Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to any other
department or agency of the United States except as specifically
provided in an appropriations law.
(b) <> None of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
Sec. 8046. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 103 of title 41, United States Code, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8047. Of the amounts appropriated for ``Working Capital Fund,
Army'', $99,000,000 shall be available to maintain competitive rates at
the arsenals.
Sec. 8048. None of the funds made available by this Act for Evolved
Expendable Launch Vehicle service competitive procurements may be used
unless the competitive procurements are open for award to all certified
providers of Evolved Expendable Launch Vehicle-class systems: Provided,
That the award shall be made to the provider that offers the best value
to the government.
Sec. 8049. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby appropriated
to the Department of Defense: Provided, That upon the determination of
the Secretary of Defense that it shall serve the
[[Page 476]]
national interest, the Secretary shall make grants in the amounts
specified as follows: $20,000,000 to the United Service Organizations
and $24,000,000 to the Red Cross.
Sec. 8050. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States, unless
the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8051. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they contribute
to the extramural budget.
Sec. 8052. None of the funds available to the Department of Defense
under this Act shall be obligated or expended to pay a contractor under
a contract with the Department of Defense for costs of any amount paid
by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8054. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
[[Page 477]]
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8055. (a) Notwithstanding any other provision of law, the Chief
of the National Guard Bureau may permit the use of equipment of the
National Guard Distance Learning Project by any person or entity on a
space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8056. None of the funds available to the Department of Defense
may be obligated to modify command and control relationships to give
Fleet Forces Command operational and administrative control of United
States Navy forces assigned to the Pacific fleet: Provided, That the
command and control relationships which existed on October 1, 2004,
shall remain in force until a written modification has been proposed to
the House and Senate Appropriations Committees: Provided further, That
the proposed modification may be implemented 30 days after the
notification unless an objection is received from either the House or
Senate Appropriations Committees: Provided further, That any proposed
modification shall not preclude the ability of the commander of United
States Pacific Command to meet operational requirements.
(including transfer of funds)
Sec. 8057. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-wide'', $35,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes and
for the same time period as the appropriations to which the funds are
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8058. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That the Secretary of
Defense shall, not later than 60 days after enactment of this Act,
submit a report detailing the use of funds requested in research,
development, test and evaluation accounts for end-items used in
development, prototyping and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Intelligence
Program: Provided further, That
[[Page 478]]
the Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8059. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if the
Secretary determines that the application of the limitation with respect
to that country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of defense
items entered into under section 2531 of title 10, United States Code,
and the country does not discriminate against the same or similar
defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
(including transfer of funds)
Sec. 8061. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer to
the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8062. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development, Test
and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction
[[Page 479]]
on a case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8063. The Secretary of Defense shall continue to provide a
classified quarterly report to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as directed in
the classified annex accompanying this Act.
Sec. 8064. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8065. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the Department
of Defense that has a center-fire cartridge and a United States military
nomenclature designation of ``armor penetrator'', ``armor piercing
(AP)'', ``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under a contract
that requires the entity to demonstrate to the satisfaction of the
Department of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or (2) used
to manufacture ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant to a
License for Permanent Export of Unclassified Military Articles issued by
the Department of State.
Sec. 8066. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or
part of the consideration that otherwise would be required under section
2667 of title 10, United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any organization
specified in section 508(d) of title 32, United States Code, or any
other youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his designee, on
a case-by-case basis.
(including transfer of funds)
Sec. 8067. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $66,881,780 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered into
under the authority of this section may provide for such indemnification
as the Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with applicable
Federal, State, and local law to the maximum extent consistent with the
national security, as determined by the Secretary of Defense.
Sec. 8068. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
[[Page 480]]
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit the merger
of programs or changes to the National Intelligence Program budget at or
below the Expenditure Center level, provided such change is otherwise in
accordance with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary of
Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and develop
detailed proposals for alternative financial management processes. Such
study shall include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not adversely
affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense and
intelligence committees.
Sec. 8069. In addition to amounts provided elsewhere in this Act,
$10,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of additional
Fisher Houses to meet the needs of military family members when
confronted with the illness or hospitalization of an eligible military
beneficiary.
Sec. 8070. Any <> notice that is required
to be submitted to the Committees on Appropriations of the Senate and
the House of Representatives under section 806(c)(4) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302
note) after the date of the enactment of this Act shall be submitted
pursuant to that requirement concurrently to the Subcommittees on
Defense of the Committees on Appropriations of the Senate and the House
of Representatives.
[[Page 481]]
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development, Test
and Evaluation, Defense-Wide'', $705,800,000 shall be for the Israeli
Cooperative Programs: Provided, That of this amount, $92,000,000 shall
be for the Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to counter short-
range rocket threats, subject to the U.S.-Israel Iron Dome Procurement
Agreement, as amended; $221,500,000 shall be for the Short Range
Ballistic Missile Defense (SRBMD) program, including cruise missile
defense research and development under the SRBMD program, of which
$120,000,000 shall be for co-production activities of SRBMD systems in
the United States and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and procedures, subject
to the U.S.-Israeli co-production agreement for SRBMD, as amended;
$310,000,000 shall be for an upper-tier component to the Israeli Missile
Defense Architecture, of which $120,000,000 shall be for co-production
activities of Arrow 3 Upper Tier systems in the United States and in
Israel to meet Israel's defense requirements consistent with each
nation's laws, regulations, and procedures, subject to the U.S.-Israeli
co-production agreement for Arrow 3 Upper Tier, as amended, of which
$105,000,000 shall be for testing of the upper-tier component to the
Israeli Missile Defense Architecture in the United States; and
$82,300,000 shall be for the Arrow System Improvement Program including
development of a long range, ground and airborne, detection suite:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $117,542,000 shall be
available until September 30, 2018, to fund prior year shipbuilding cost
increases: Provided, That upon enactment of this Act, the Secretary of
the Navy shall transfer funds to the following appropriations in the
amounts specified: Provided further, That the amounts transferred shall
be merged with and be available for the same purposes as the
appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2008/2018: Carrier Replacement Program $20,000,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2018: DDG-51 Destroyer $19,436,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2018: Littoral Combat Ship $6,394,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2018: LHA Replacement $14,200,000;
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2018: DDG-51 Destroyer $31,941,000;
(6) Under the heading ``Shipbuilding and Conversion, Navy'',
2014/2018: Litoral Combat Ship $20,471,000; and
(7) Under the heading ``Shipbuilding and Conversion, Navy'',
2015/2018: LCAC $5,100,000.
Sec. 8073. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are
[[Page 482]]
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during
fiscal year 2018 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2018.
Sec. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of funds
that creates or initiates a new program, project, or activity unless
such program, project, or activity must be undertaken immediately in the
interest of national security and only after written prior notification
to the congressional defense committees.
Sec. 8075. The <> budget of the President for
fiscal year 2019 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed Forces'
participation in contingency operations for the Military Personnel
accounts, the Operation and Maintenance accounts, the Procurement
accounts, and the Research, Development, Test and Evaluation accounts:
Provided, That these documents shall include a description of the
funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: Provided further, That these documents shall
include estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates of the
major weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management
Regulation) for all contingency operations for the budget year and the
two preceding fiscal years.
Sec. 8076. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8077. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $4,000,000.
Sec. 8078. The Secretary of Defense may use up to $800,000,000 of
the amounts appropriated or otherwise made available in this Act to the
Department of Defense for the rapid acquisition and deployment of
supplies and associated support services pursuant to section 806 of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 10 U.S.C. 2302 note): Provided, That the Secretary
of Defense shall notify the congressional defense committees promptly of
all uses of this authority.
Sec. 8079. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such action
would reduce the WC-130 Weather Reconnaissance mission below the levels
funded in this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless the
information has been lawfully collected and processed during
[[Page 483]]
the conduct of authorized foreign intelligence activities: Provided,
That information pertaining to United States persons shall only be
handled in accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through Executive Order
No. 12333.
Sec. 8081. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other program
authority relating to current tactical unmanned aerial vehicles (TUAVs)
from the Army.
(b) The Army shall retain responsibility for and operational control
of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to
support the Secretary of Defense in matters relating to the employment
of unmanned aerial vehicles.
Sec. 8082. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2019.
Sec. 8083. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered to
be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior fiscal
year, and the 1 percent limitation shall apply to the total amount of
the appropriation.
Sec. 8084. (a) Not later than 60 days after the date of enactment of
this Act, the Director of National Intelligence shall submit a report to
the congressional intelligence committees to establish the baseline for
application of reprogramming and transfer authorities for fiscal year
2018: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence Program
in this Act shall be available for reprogramming or transfer until the
report identified in subsection (a) is submitted to the congressional
intelligence committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence committees that
such reprogramming or transfer is necessary as an emergency requirement.
Sec. 8085. None of the funds made available by this Act may be used
to eliminate, restructure, or realign Army Contracting Command--New
Jersey or make disproportionate personnel reductions at any Army
Contracting Command--New Jersey sites without 30-day prior notification
to the congressional defense committees.
Sec. 8086. Notwithstanding any other provision of law, any transfer
of funds, appropriated or otherwise made available by this Act, for
support to friendly foreign countries in connection with the conduct of
operations in which the United States is not participating, pursuant to
section 331(d) Title 10 U.S.C. shall be made in accordance with sections
8005 or 9002 of this Act, as applicable.
[[Page 484]]
Sec. 8087. Any transfer of amounts appropriated to, credited to, or
deposited in the Department of Defense Acquisition Workforce Development
Fund in or for fiscal year 2018 to a military department or Defense
Agency pursuant to section 1705(e)(1) of title 10, United States Code,
shall be covered by and subject to sections 8005 or 9002 of this Act, as
applicable.
Sec. 8088. None of the funds made available by this Act for excess
defense articles, assistance under section 333 of title 10, United
States Code, or peacekeeping operations for the countries designated
annually to be in violation of the standards of the Child Soldiers
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be
used to support any military training or operation that includes child
soldiers, as defined by the Child Soldiers Prevention Act of 2008,
unless such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
Sec. 8089. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period may be
reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence Program
in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the Act unless
the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period may be
reduced for urgent national security requirements.
Sec. 8090. The <> Director of National
Intelligence shall submit to Congress each year, at or about the time
that the President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting the
estimated expenditures and proposed appropriations included in that
budget. Any such future-years intelligence program shall cover the
fiscal year with respect to which the budget is submitted and at least
the four succeeding fiscal years.
Sec. 8091. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives, and the Subcommittee
on Defense of the Committee on Appropriations of the Senate.
[[Page 485]]
(including transfer of funds)
Sec. 8092. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this Act
for ``Operation and Maintenance, Army'', ``Operation and Maintenance,
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
by the military department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
States Code.
Sec. 8093. None of the funds appropriated by this Act may be
available for the purpose of making remittances to the Department of
Defense Acquisition Workforce Development Fund in accordance with
section 1705 of title 10, United States Code.
Sec. 8094. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee or
Committees of Congress for no less than 45 days.
Sec. 8095. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a), with
respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
[[Page 486]]
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of subsection
(a) or (b) to a particular contractor or subcontractor for the purposes
of a particular contract or subcontract if the Secretary or the Deputy
Secretary personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and that the
term of the contract or subcontract is not longer than necessary to
avoid such harm. The determination shall set forth with specificity the
grounds for the waiver and for the contract or subcontract term
selected, and shall state any alternatives considered in lieu of a
waiver and the reasons each such alternative would not avoid harm to
national security interests of the United States. The Secretary of
Defense shall transmit to Congress, and simultaneously make public, any
determination under this subsection not less than 15 business days
before the contract or subcontract addressed in the determination may be
awarded.
(including transfer of funds)
Sec. 8096. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$115,519,000, shall be available for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund in accordance with the provisions of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility operations
funded are operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility as
described by section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of Defense
to the Committees on Appropriations of the House of Representatives and
the Senate.
Sec. 8097. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense or a
component thereof in contravention of the provisions of section 130h of
title 10, United States Code.
Sec. 8098. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for the
physical security of personnel or for force protection purposes up to a
limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8099. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national interest,
the Director may, with the approval of the Office of Management and
Budget, transfer not to exceed $1,500,000,000 of the funds made
available in this Act for the National Intelligence
[[Page 487]]
Program: Provided, That such authority to transfer may not be used
unless for higher priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated and in no
case where the item for which funds are requested has been denied by the
Congress: Provided further, That a request for multiple reprogrammings
of funds using authority provided in this section shall be made prior to
June 30, 2018.
Sec. 8100. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other detainee
who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 8101. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire, or
modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8102. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained at
United States Naval Station Guantanamo Bay, Cuba, to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with section
1034 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1034 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
Sec. 8103. None of the funds made available by this Act may be used
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
Sec. 8104. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary, in consultation with the Secretary
[[Page 488]]
of State and the Director of National Intelligence, determines that it
is in the vital national security interest of the United States to do
so, and certifies in writing to the congressional defense committees
that, to the best of the Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall conduct
a review of any action involving Rosoboronexport with respect to a
waiver issued by the Secretary of Defense pursuant to subsection (b),
and not later than 90 days after the date on which such a waiver is
issued by the Secretary of Defense, the Inspector General shall submit
to the congressional defense committees a report containing the results
of the review conducted with respect to such waiver.
Sec. 8105. None of the funds made available in this Act may be used
for the purchase or manufacture of a flag of the United States unless
such flags are treated as covered items under section 2533a(b) of title
10, United States Code.
Sec. 8106. The Secretary of Defense, in consultation with the
Service Secretaries, shall submit two reports to the congressional
defense committees, not later than March 1, 2018, and not later than
September 1, 2018, detailing the submission of records during the
previous 6 months to databases accessible to the National Instant
Criminal Background Check System (NICS), including the Interstate
Identification Index (III), the National Crime Information Center
(NCIC), and the NICS Index, as required by Public Law 110-180:
Provided, That such reports shall provide the number and category of
records submitted by month to each such database, by Service or
Component: Provided further, That such reports shall identify the
number and category of records submitted by month to those databases for
which the Identification for Firearm Sales (IFFS) flag or other database
flags were used to pre-validate the records and indicate that such
persons are prohibited from receiving or possessing a firearm: Provided
further, That such reports shall describe the steps taken during the
previous 6 months, by Service or Component, to ensure complete and
accurate submission and appropriate flagging of records of individuals
prohibited from gun possession or receipt pursuant to 18 U.S.C. 922(g)
or (n) including applicable records involving proceedings under the
Uniform Code of Military Justice.
Sec. 8107. (a) <> Of the funds
appropriated in this Act for the Department of Defense, amounts may be
made available, under such regulations as the Secretary of Defense may
prescribe, to local military commanders appointed by the Secretary, or
by an officer or employee designated by the Secretary, to provide at
their discretion ex gratia payments in amounts consistent with
subsection (d) of this section for damage, personal injury, or death
that is
[[Page 489]]
incident to combat operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided only
if--
(1) the prospective foreign civilian recipient is determined
by the local military commander to be friendly to the United
States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known as
the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a program under
subsection (a) shall not be considered an admission or acknowledgement
of any legal obligation to compensate for any damage, personal injury,
or death.
(d) Amount of Payments.--If the Secretary of Defense determines a
program under subsection (a) to be appropriate in a particular setting,
the amounts of payments, if any, to be provided to civilians determined
to have suffered harm incident to combat operations of the Armed Forces
under the program should be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which should
include such factors as cultural appropriateness and prevailing economic
conditions.
(e) Legal Advice.--Local military commanders shall receive legal
advice before making ex gratia payments under this subsection. The legal
advisor, under regulations of the Department of Defense, shall advise on
whether an ex gratia payment is proper under this section and applicable
Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia payment
offered or denied shall be kept by the local commander and on a timely
basis submitted to the appropriate office in the Department of Defense
as determined by the Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the efficacy of the
ex gratia payment program including the number of types of cases
considered, amounts offered, the response from ex gratia payment
recipients, and any recommended modifications to the program.
Sec. 8108. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
Sec. 8109. The Secretary of Defense shall post grant awards on a
public Website in a searchable format.
Sec. 8110. The Secretary of each military department, in reducing
each research, development, test and evaluation and procurement account
of the military department as required under paragraph (1) of section
828(d) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2430 note), as amended by section
825(a)(3) of the National Defense Authorization Act for Fiscal Year
2018, shall allocate the percentage
[[Page 490]]
reduction determined under paragraph (2) of such section 828(d)
proportionally from all programs, projects, or activities under such
account: Provided, That the authority under section 804(d)(2) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 2302 note) to transfer amounts available in the Rapid
Prototyping Fund shall be subject to section 8005 or 9002 of this Act,
as applicable.
Sec. 8111. None of the funds made available by this Act may be used
to fund the performance of a flight demonstration team at a location
outside of the United States: Provided, That this prohibition applies
only if a performance of a flight demonstration team at a location
within the United States was canceled during the current fiscal year due
to insufficient funding.
Sec. 8112. None of the funds made available by this Act may be used
by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of
any electronic communication of a United States person from a
provider of electronic communication services to the public
pursuant to section 501 of the Foreign Intelligence Surveillance
Act of 1978.
Sec. 8113. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 8114. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of any
agency funded by this Act who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of another
Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8115. None of the funds made available in this Act may be
obligated for activities authorized under section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 112-81; 125 Stat. 1621) to initiate support for, or expand support
to, foreign forces, irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance with the
direction contained in the classified annex accompanying this Act, not
less than 15 days before initiating such support: Provided, That none
of the funds made available in this Act may be used under section 1208
for any activity that is not in support of an ongoing military operation
being conducted by United States Special Operations Forces to combat
terrorism: Provided further, That the Secretary of Defense may waive
the prohibitions in this section if the Secretary determines that such
waiver is required by extraordinary circumstances and, by not later than
72 hours after making such waiver, notifies the congressional defense
committees of such waiver.
Sec. 8116. None of the funds made available by this Act may be used
with respect to Iraq in contravention of the War Powers
[[Page 491]]
Resolution (50 U.S.C. 1541 et seq.), including for the introduction of
United States armed forces into hostilities in Iraq, into situations in
Iraq where imminent involvement in hostilities is clearly indicated by
the circumstances, or into Iraqi territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such Resolution (50
U.S.C. 1542 and 1543).
Sec. 8117. None of the funds provided in this Act for the T-AO(X)
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Auxiliary equipment (including pumps)
for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes.
Sec. 8118. Notwithstanding any other provision of this Act, to
reflect savings due to lower than anticipated fuel costs, the total
amount appropriated in title II of this Act is hereby reduced by
$110,780,000.
Sec. 8119. None of the funds made available by this Act may be used
for Government Travel Charge Card expenses by military or civilian
personnel of the Department of Defense for gaming, or for entertainment
that includes topless or nude entertainers or participants, as
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8120. None of the funds made available by this Act may be used
to propose, plan for, or execute a new or additional Base Realignment
and Closure (BRAC) round.
Sec. 8121. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $289,255,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. 4405): Provided, That such amounts are available
for reimbursements to the Ready Reserve Force, Maritime Administration
account of the United States Department of Transportation for programs,
projects, activities, and expenses related to the National Defense
Reserve Fleet.
(including transfer of funds)
Sec. 8122. Of the amounts appropriated in this Act, the Secretary
of Defense may use up to $46,000,000 under the heading ``Operation and
Maintenance, Defense-Wide'', and up to $45,000,000 under the heading
``Research, Development, Test and Evaluation, Defense-Wide'' to develop,
replace, and sustain Federal Government security and suitability
background investigation information technology systems of the Office of
Personnel Management or other Federal agency responsible for conducting
such investigations: Provided, That the Secretary may transfer
additional amounts into these headings or into ``Procurement, Defense-
Wide'' using established reprogramming procedures prescribed in the
Department of Defense Financial Management Regulation 7000.14, Volume 3,
Chapter 6, dated September 2015: Provided further, That such funds
shall supplement, not supplant any other amounts made available to other
Federal agencies for such purposes.
[[Page 492]]
Sec. 8123. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8124. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities, or for any activity necessary for the national
defense, including intelligence activities.
Sec. 8125. Notwithstanding any other provision of law, any transfer
of funds appropriated or otherwise made available by this Act to the
Global Engagement Center established by section 1287 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 22 U.S.C. 2656 note) shall be made in accordance with section 8005
or 9002 of this Act, as applicable.
Sec. 8126. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal Year
2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8127. In addition to amounts provided elsewhere in this Act,
there is appropriated $235,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to remain available until
expended: Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Economic Adjustment
of the Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal funds to
construct, renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity or
facility condition deficiencies at such schools: Provided further, That
in making such funds available, the Office of Economic Adjustment or the
Secretary of Education shall give priority consideration to those
military installations with schools having the most serious capacity or
facility condition deficiencies as determined by the Secretary of
Defense: Provided further, That as a condition of receiving funds under
this section a local educational agency or State shall provide a
matching share as described in the notice titled ``Department of Defense
Program for Construction, Renovation, Repair or Expansion of Public
Schools Located on Military Installations'' published by the Department
of Defense in the Federal Register on September 9, 2011 (76 Fed. Reg.
55883 et seq.): Provided further, That these provisions apply to funds
provided under this section, and to funds previously provided by
Congress to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to address
capacity or facility condition deficiencies at
[[Page 493]]
such schools to the extent such funds remain unobligated on the date of
enactment of this section.
Sec. 8128. In carrying out the program described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services for the
Benefit of Seriously or Severely Ill/Injured (Category II or III) Active
Duty Service Members'' issued by the Assistant Secretary of Defense for
Health Affairs on April 3, 2012, and the guidance issued to implement
such memorandum, the Secretary of Defense shall apply such policy and
guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without limitation
on the duration of such cryopreservation and storage.
Sec. 8129. None of the funds made available by this Act may be used
to provide arms, training, or other assistance to the Azov Battalion.
Sec. 8130. None of the funds made available by this Act may be used
to purchase heavy water from Iran.
Sec. 8131. Section 316(a)(2) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) is amended by striking
``the study under this subsection'' and inserting ``the study and
assessment under this section''.
Sec. 8132. Notwithstanding any other provision of law, from funds
made available to the Department of Defense in title II of this Act
under the heading ``Operation and Maintenance, Defense-Wide'',
$15,000,000 shall be available for a project in a country designated by
the Secretary of Defense: Provided, That in furtherance of the project
the Department of Defense is authorized to acquire services, including
services performed pursuant to a grant agreement, from another Federal
agency, on an advance of funds or reimbursable basis: Provided further,
That an order for services placed under this section is deemed to be an
obligation in the same manner that a similar order placed under a
contract with a private contractor is an obligation.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,683,694,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$377,857,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 494]]
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$103,979,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$914,119,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$24,942,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$9,091,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$2,328,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$20,569,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$184,589,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 495]]
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $5,004,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$17,352,994,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$6,449,404,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,401,536,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $10,873,895,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,575,195,000: Provided, That of the funds provided under this
heading, not to exceed $1,000,000,000, to remain available until
September 30, 2019, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and Syria:
Provided further, That such reimbursement payments may be made in such
amounts as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on documentation
determined by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days following
notification to the
[[Page 496]]
appropriate congressional committees: Provided further, That these
funds may be used for the purpose of providing specialized training and
procuring supplies and specialized equipment and providing such supplies
and loaning such equipment on a non-reimbursable basis to coalition
forces supporting United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and Syria, and 15
days following notification to the appropriate congressional committees:
Provided further, That these funds may be used to support the
Government of Jordan, in such amounts as the Secretary of Defense may
determine, to enhance the ability of the armed forces of Jordan to
increase or sustain security along its borders, upon 15 days prior
written notification to the congressional defense committees outlining
the amounts intended to be provided and the nature of the expenses
incurred: Provided further, That of the funds provided under this
heading, not to exceed $750,000,000, to remain available until September
30, 2019, shall be available to provide support and assistance to
foreign security forces or other groups or individuals to conduct,
support or facilitate counterterrorism, crisis response, or other
Department of Defense security cooperation programs: Provided further,
That the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided in this
paragraph: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $24,699,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $23,980,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $3,367,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $53,523,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 497]]
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $108,111,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $15,400,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $4,666,815,000, to
remain available until September 30, 2019: Provided, That such funds
shall be available to the Secretary of Defense for the purpose of
allowing the Commander, Combined Security Transition Command--
Afghanistan, or the Secretary's designee, to provide assistance, with
the concurrence of the Secretary of State, to the security forces of
Afghanistan, including the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation, construction,
and funding: Provided further, That the Secretary of Defense may
obligate and expend funds made available to the Department of Defense in
this title for additional costs associated with existing projects
previously funded with amounts provided under the heading ``Afghanistan
Infrastructure Fund'' in prior Acts: Provided further, That such costs
shall be limited to contract changes resulting from inflation, market
fluctuation, rate adjustments, and other necessary contract actions to
complete existing projects, and associated supervision and
administration costs and costs for design during construction: Provided
further, That the Secretary may not use more than $50,000,000 under the
authority provided in this section: Provided further, That the
Secretary shall notify in advance such contract changes and adjustments
in annual reports to the congressional defense committees: Provided
further, That the authority to provide assistance under this heading is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or international
organization may be credited to this Fund, to remain available until
expended, and used for such purposes: Provided further, That the
Secretary of Defense shall notify the congressional defense committees
in writing upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and the
specific use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to obligating
from this appropriation account, notify the congressional defense
committees in writing of the details of any such obligation: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees of any proposed new projects or transfer of funds
between budget sub-activity groups in excess of $20,000,000: Provided
further, That the United States may accept equipment procured using
funds provided under this
[[Page 498]]
heading in this or prior Acts that was transferred to the security
forces of Afghanistan and returned by such forces to the United States:
Provided further, That equipment procured using funds provided under
this heading in this or prior Acts, and not yet transferred to the
security forces of Afghanistan or transferred to the security forces of
Afghanistan and returned by such forces to the United States, may be
treated as stocks of the Department of Defense upon written notification
to the congressional defense committees: Provided further, That of the
funds provided under this heading, not less than $10,000,000 shall be
for recruitment and retention of women in the Afghanistan National
Security Forces, and the recruitment and training of female security
personnel: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $1,769,000,000, to remain available until September 30, 2019:
Provided, That such funds shall be available to the Secretary of Defense
in coordination with the Secretary of State, to provide assistance,
including training; equipment; logistics support, supplies, and
services; stipends; infrastructure repair and renovation; and
sustainment, to foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their affiliated or
associated groups: Provided further, That these funds may be used in
such amounts as the Secretary of Defense may determine to enhance the
border security of nations adjacent to conflict areas including Jordan,
Lebanon, Egypt, and Tunisia resulting from actions of the Islamic State
of Iraq and Syria: Provided further, That amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a security mission
to counter the Islamic State of Iraq and Syria, and following written
notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating from this
appropriation account, notify the congressional defense committees in
writing of the details of any such obligation: Provided further, That
the Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Government
of Iraq and other entities, to carry out assistance authorized under
this heading: Provided further, That contributions of funds for the
purposes provided herein from any foreign government or other entity may
be credited to this Fund, to remain available until expended, and used
for such purposes:
[[Page 499]]
Provided further, That the Secretary of Defense may waive a provision
of law relating to the acquisition of items and support services or
sections 40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and
2785) if the Secretary determines that such provision of law would
prohibit, restrict, delay or otherwise limit the provision of such
assistance and a notice of and justification for such waiver is
submitted to the congressional defense committees, the Committees on
Appropriations and Foreign Relations of the Senate and the Committees on
Appropriations and Foreign Affairs of the House of Representatives:
Provided further, That the United States may accept equipment procured
using funds provided under this heading, or under the heading, ``Iraq
Train and Equip Fund'' in prior Acts, that was transferred to security
forces, irregular forces, or groups participating, or preparing to
participate in activities to counter the Islamic State of Iraq and Syria
and returned by such forces or groups to the United States, may be
treated as stocks of the Department of Defense upon written notification
to the congressional defense committees: Provided further, That
equipment procured using funds provided under this heading, or under the
heading, ``Iraq Train and Equip Fund'' in prior Acts, and not yet
transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter the
Islamic State of Iraq and Syria may be treated as stocks of the
Department of Defense when determined by the Secretary to no longer be
required for transfer to such forces or groups and upon written
notification to the congressional defense committees: Provided further,
That the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided under this
heading, including, but not limited to, the number of individuals
trained, the nature and scope of support and sustainment provided to
each group or individual, the area of operations for each group, and the
contributions of other countries, groups, or individuals: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$420,086,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$709,283,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 500]]
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $1,191,139,000, to remain available until
September 30, 2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$191,836,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$405,575,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$157,300,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$130,994,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $233,406,000, to remain available until September 30,
2020: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 501]]
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$239,359,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$64,307,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$503,938,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$481,700,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Space Procurement, Air Force
For an additional amount for ``Space Procurement, Air Force'',
$2,256,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $551,509,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$3,324,590,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas
[[Page 502]]
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$517,041,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $1,300,000,000, to remain
available for obligation until September 30, 2020: Provided, That the
Chiefs of National Guard and Reserve components shall, not later than 30
days after enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or modify
missiles, munitions, or ammunition: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $235,368,000, to remain available until September
30, 2019: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $167,565,000, to remain available until September
30, 2019: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $129,608,000, to remain available until
September 30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War
[[Page 503]]
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $394,396,000, to remain available until
September 30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$148,956,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$395,805,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $196,300,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $24,692,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2018.
[[Page 504]]
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up to
$2,250,000,000 between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to the
authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005 of this Act.
Sec. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project funded
with appropriations available for operation and maintenance or the
``Afghanistan Security Forces Fund'' provided in this Act and executed
in direct support of overseas contingency operations in Afghanistan, may
be obligated at the time a construction contract is awarded: Provided,
That, for the purpose of this section, supervision and administration
costs and costs for design during construction include all in-house
Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the United States Central Command area of
responsibility: (1) passenger motor vehicles up to a limit of $75,000
per vehicle; and (2) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts appropriated by
this title under the heading ``Operation and Maintenance, Army'' may be
used, notwithstanding any other provision of law, to fund the
Commanders' Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent, small-
scale, humanitarian relief and reconstruction requirements within their
areas of responsibility: Provided, That each project (including any
ancillary or related elements in connection with such project) executed
under this authority shall not exceed $2,000,000: Provided further,
That not later than 45 days after the end of each 6 months of the fiscal
year, the Secretary of Defense shall submit to the congressional defense
committees a report regarding the source of funds and the allocation and
use of funds during that 6-month period that were made available
pursuant to the authority provided in this section or under any other
provision of law for the purposes described herein: Provided further,
That, not later than 30 days after the end of each fiscal year quarter,
the Army shall submit to the congressional defense committees quarterly
commitment, obligation, and expenditure data for the CERP in
Afghanistan: Provided further, That, not less than 15 days before
making funds available pursuant to the authority provided in this
section or under any other provision of law for the purposes described
herein for a project with a total anticipated cost for completion of
$500,000 or more, the Secretary shall submit to the congressional
defense committees a written notice containing each of the following:
[[Page 505]]
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones, and
completion date for the proposed project, including any other
CERP funding that has been or is anticipated to be contributed
to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or
a third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to allied
forces participating in a combined operation with the armed forces of
the United States and coalition forces supporting military and stability
operations in Afghanistan and to counter the Islamic State of Iraq and
Syria: Provided, That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees regarding support
provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by the
United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of
[[Page 506]]
$50,000,000 annually and any non-standard equipment requirements in
excess of $100,000,000 using ASFF: Provided further, That the
Department of Defense must certify to the congressional defense
committees that the AROC has convened and approved a process for
ensuring compliance with the requirements in the preceding proviso and
accompanying report language for the ASFF.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action is
necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such funds
may be used to purchase items having an investment item unit cost of not
more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by this Act for
the Defense Security Cooperation Agency in ``Operation and Maintenance,
Defense-Wide'' may be used to provide assistance to the Government of
Jordan to support the armed forces of Jordan and to enhance security
along its borders.
Sec. 9012. None of the funds made available by this Act under the
heading ``Counter-ISIS Train and Equip Fund'' may be used to procure or
transfer man-portable air defense systems.
Sec. 9013. For the ``Ukraine Security Assistance Initiative'',
$200,000,000 is hereby appropriated, to remain available until September
30, 2018: Provided, That such funds shall be available to the Secretary
of Defense, in coordination with the Secretary of State, to provide
assistance, including training; equipment; lethal weapons of a defensive
nature; logistics support, supplies and services; sustainment; and
intelligence support to the military and national security forces of
Ukraine, and for replacement of any weapons or defensive articles
provided to the Government of Ukraine from the inventory of the United
States: Provided further, That the Secretary of Defense shall, not less
than 15 days prior to obligating funds provided under this heading,
notify the congressional defense committees in writing of the details of
any such obligation: Provided further, That the United States may
accept equipment procured using funds provided under this heading in
this or prior Acts that was transferred to the security forces of
Ukraine and returned by such forces to the United States: Provided
further, That equipment procured using funds provided under this heading
in this or prior Acts, and not yet transferred to the military or
National Security Forces of Ukraine or returned by such forces to the
United States, may be treated as stocks of the Department of Defense
upon written notification to the congressional defense committees:
Provided further, That amounts made available by this section are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 9014. Funds appropriated in this title shall be available for
replacement of funds for items provided to the Government of Ukraine
from the inventory of the United States to the extent specifically
provided for in section 9013 of this Act.
Sec. 9015. None of the funds made available by this Act under
section 9013 for ``Assistance and Sustainment to the Military and
National Security Forces of Ukraine'' may be used to procure or transfer
man-portable air defense systems.
[[Page 507]]
Sec. 9016. (a) None of the funds appropriated or otherwise made
available by this Act under the heading ``Operation and Maintenance,
Defense-Wide'' for payments under section 1233 of Public Law 110-181 for
reimbursement to the Government of Pakistan may be made available unless
the Secretary of Defense, in coordination with the Secretary of State,
certifies to the congressional defense committees that the Government of
Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other
domestic and foreign terrorist organizations, including taking
steps to end support for such groups and prevent them from
basing and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture of
IEDs;
(4) preventing the proliferation of nuclear-related material
and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary of
State, may waive the restriction in subsection (a) on a case-by-case
basis by certifying in writing to the congressional defense committees
that it is in the national security interest to do so: Provided, That
if the Secretary of Defense, in coordination with the Secretary of
State, exercises such waiver authority, the Secretaries shall report to
the congressional defense committees on both the justification for the
waiver and on the requirements of this section that the Government of
Pakistan was not able to meet: Provided further, That such report may
be submitted in classified form if necessary.
(including transfer of funds)
Sec. 9017. In addition to amounts otherwise made available in this
Act, $770,000,000 is hereby appropriated to the Department of Defense
and made available for transfer only to the operation and maintenance,
military personnel, and procurement accounts, to improve the
intelligence, surveillance, and reconnaissance capabilities of the
Department of Defense: Provided, That the transfer authority provided
in this section is in addition to any other transfer authority provided
elsewhere in this Act: Provided further, That not later than 30 days
prior to exercising the transfer authority provided in this section, the
Secretary of Defense shall submit a report to the congressional defense
committees on the proposed uses of these funds: Provided further, That
the funds
[[Page 508]]
provided in this section may not be transferred to any program, project,
or activity specifically limited or denied by this Act: Provided
further, That amounts made available by this section are designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That the
authority to provide funding under this section shall terminate on
September 30, 2018.
Sec. 9018. None of the funds made available by this Act may be used
with respect to Syria in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.), including for the introduction of United States
armed or military forces into hostilities in Syria, into situations in
Syria where imminent involvement in hostilities is clearly indicated by
the circumstances, or into Syrian territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of that law (50 U.S.C.
1542 and 1543).
Sec. 9019. None of the funds in this Act may be made available for
the transfer of additional C-130 cargo aircraft to the Afghanistan
National Security Forces or the Afghanistan Air Force until the
Department of Defense provides a report to the congressional defense
committees of the Afghanistan Air Force's medium airlift requirements.
The report should identify Afghanistan's ability to utilize and maintain
existing medium lift aircraft in the inventory and the best alternative
platform, if necessary, to provide additional support to the Afghanistan
Air Force's current medium airlift capacity.
(rescissions)
Sec. 9020. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985:
``Operation and Maintenance, Defense-Wide: Coalition Support
Fund'', 2017/2018, $500,000,000;
``Operation and Maintenance, Defense-Wide: DSCA Security
Cooperation'', 2017/2018, $250,000,000;
``Afghanistan Security Forces Fund'', 2017/2018,
$100,000,000;
``Counter-ISIL Train and Equip Fund'', 2017/2018,
$80,000,000;
``Other Procurement, Air Force'', 2017/2019, $25,100,000;
and
``Counter-ISIL Overseas Contingency Operations Transfer
Fund'', XXXX, $1,610,000,000.
Sec. 9021. (a) Not later than 30 days after the date of the
enactment of this Act, the President shall submit to Congress a report
on the United States strategy to defeat Al-Qaeda, the Taliban, the
Islamic State of Iraq and Syria (ISIS), and their associated forces and
co-belligerents.
(b) The report required under subsection (a) shall include the
following:
[[Page 509]]
(1) An analysis of the adequacy of the existing legal
framework to accomplish the strategy described in subsection
(a), particularly with respect to the Authorization for Use of
Military Force (Public Law 107-40; 50 U.S.C. 1541 note) and the
Authorization for Use of Military Force Against Iraq Resolution
of 2002 (Public Law 107-243; 50 U.S.C. 1541 note).
(2) An analysis of the budgetary resources necessary to
accomplish the strategy described in subsection (a).
(c) Not later than 30 days after the date on which the President
submits to the appropriate congressional committees the report required
by subsection (a), the Secretary of State and the Secretary of Defense
shall testify at any hearing held by any of the appropriate
congressional committees on the report and to which the Secretary is
invited.
(d) In this section, the term ``appropriate congressional
committees'' means--
(1) the Committees on Foreign Relations, Armed Services and
Appropriations of the Senate; and
(2) the Committees on Foreign Affairs, Armed Services and
Appropriations of the House of Representatives.
Sec. 9022. Funds available for the Afghanistan Security Forces Fund
may be used to provide limited training, equipment, and other assistance
that would otherwise be prohibited by 10 U.S.C. 362 to a unit of the
security forces of Afghanistan only if the Secretary certifies to the
congressional defense committees, within 30 days of a decision to
provide such assistance, that (1) a denial of such assistance would
present significant risk to U.S. or coalition forces or significantly
undermine United States national security objectives in Afghanistan; and
(2) the Secretary has sought a commitment by the Government of
Afghanistan to take all necessary corrective steps: Provided, That such
certification shall be accompanied by a report describing: (1) the
information relating to the gross violation of human rights; (2) the
circumstances that necessitated the provision of such assistance; (3)
the Afghan security force unit involved; (4) the assistance provided and
the assistance withheld; and (5) the corrective steps to be taken by the
Government of Afghanistan: Provided further, That every 120 days after
the initial report an additional report shall be submitted detailing the
status of any corrective steps taken by the Government of Afghanistan:
Provided further, That if the Government of Afghanistan has not
initiated necessary corrective steps within one year of the
certification, the authority under this section to provide assistance to
such unit shall no longer apply: Provided further, That the Secretary
shall submit a report to such committees detailing the final disposition
of the case by the Government of Afghanistan.
This division may be cited as the ``Department of Defense
Appropriations Act, 2018''.
[[Page 510]]
DIVISION D--ENERGY <> AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood and
storm damage reduction, shore protection, aquatic ecosystem restoration,
and related needs; for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm damage
reduction, shore protection, and aquatic ecosystem restoration projects,
and related efforts prior to construction; for restudy of authorized
projects; and for miscellaneous investigations, and, when authorized by
law, surveys and detailed studies, and plans and specifications of
projects prior to construction, $123,000,000, to remain available until
expended: Provided, That the Secretary shall initiate six new study
starts during fiscal year 2018: Provided further, That the new study
starts shall consist of five studies where the majority of the benefits
are derived from navigation transportation savings or from flood and
storm damage reduction and one study where the majority of benefits are
derived from environmental restoration: Provided further, That the
Secretary shall not deviate from the new starts proposed in the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law (but
such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,085,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland
[[Page 511]]
waterways projects shall be derived from the Inland Waterways Trust
Fund, except as otherwise specifically provided for in law: Provided,
That the Secretary shall initiate five new construction starts during
fiscal year 2018: Provided further, That the new construction starts
shall consist of four projects where the majority of the benefits are
derived from navigation transportation savings or from flood and storm
damage reduction and one project where the majority of the benefits are
derived from environmental restoration: Provided further, That for new
construction projects, project cost sharing agreements shall be executed
as soon as practicable but no later than September 30, 2018: Provided
further, That no allocation for a new start shall be considered final
and no work allowance shall be made until the Secretary provides to the
Committees on Appropriations of both Houses of Congress an out-year
funding scenario demonstrating the affordability of the selected new
starts and the impacts on other projects: Provided further, That the
Secretary may not deviate from the new starts proposed in the work plan,
once the plan has been submitted to the Committees on Appropriations of
both Houses of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $425,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for inland
harbors shall be derived from the Harbor Maintenance Trust Fund:
Provided, That the Secretary shall initiate one new study start during
fiscal year 2018.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; providing
security for infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor channels
provided by a State, municipality, or other public agency that serve
essential navigation needs of general commerce, where authorized by law;
surveying and charting northern and northwestern lakes and connecting
waters; clearing and straightening channels; and removing obstructions
to navigation, $3,630,000,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor Maintenance Trust
Fund; of which such sums as become available from the special account
for the Corps of Engineers established by the Land and Water
Conservation Fund Act of 1965 shall be derived from that account for
resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which such fees have been collected: Provided,
That 1 percent of the total amount of funds provided for each of the
programs,
[[Page 512]]
projects, or activities funded under this heading shall not be allocated
to a field operating activity prior to the beginning of the fourth
quarter of the fiscal year and shall be available for use by the Chief
of Engineers to fund such emergency activities as the Chief of Engineers
determines to be necessary and appropriate, and that the Chief of
Engineers shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities proportionally in
accordance with the amounts provided for the programs, projects, or
activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $200,000,000, to remain
available until September 30, 2019.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $139,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $185,000,000, to remain available until September 30, 2019, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this title
shall be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may be used to
fund the supervision and general administration of emergency operations,
repairs, and other activities in response to any flood, hurricane, or
other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2019: Provided, That not more than 75
percent of such amount may be obligated or expended until
[[Page 513]]
the Assistant Secretary submits to the Committees on Appropriations of
both Houses of Congress a work plan that allocates at least 95 percent
of the additional funding provided under each heading in this title (as
designated under such heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act))
to specific programs, projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2018, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House and
Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the House
and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall notify
the House and Senate Committees on Appropriations of these
emergency actions as soon thereafter as practicable: Provided
further, That for a base level over $1,000,000, reprogramming of
15 percent of the base amount up to a limit of $5,000,000 per
project, study, or activity is allowed: Provided
[[Page 514]]
further, That for a base level less than $1,000,000, the
reprogramming limit is $150,000: Provided further, That
$150,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees on
Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing authorities
program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the House and Senate Committees
on Appropriations to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year which
shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed in
the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in this
Act solely in accordance with the provisions of this Act and the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), including the determination and
designation of new starts.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost due
to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or tributaries
thereto, unless it is approved under a State water quality certification
pursuant to section 401 of the Federal Water Pollution Control Act (33
U.S.C. 1341): Provided, That until an open lake placement alternative
for dredged material is approved under a State water quality
certification, the Corps
[[Page 515]]
of Engineers shall continue upland placement of such dredged material
consistent with the requirements of section 101 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available in this title may be
used for any acquisition of buoy chain that is not consistent with 48
CFR 225.7007, subsections (a)(1) and (a)(2).
Sec. 107. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of July
24, 1946 (60 Stat. 636, ch. 595).
Sec. 108. None of the funds made available by this Act may be used
to require a permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for the
activities identified in subparagraphs (A) and (C) of section 404(f)(1)
of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
Sec. 109. Relative to the Rough River Lake Flowage Easement
Encroachment Resolution Plan, the Chief of Engineers shall submit to the
Committees on Appropriations of both Houses of Congress, not later than
180 days after the date of enactment of this Act, a report that includes
an inventory of habitable structures and improvements built, installed,
or established in the flowage easement boundary; whether each such
structure or improvement in the inventory was built, installed or
established within the flowage easement boundary before or after the
surveys conducted by the Corps of Engineers in 2013, 2014, and 2015; and
what notice landowners had of the flowage easement boundary prior to
those surveys.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $10,500,000, to remain available until expended, of
which $898,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission: Provided, That of the amount provided under
this heading, $1,450,000 shall be available until September 30, 2019,
for expenses necessary in carrying out related responsibilities of the
Secretary of the Interior: Provided further, That for fiscal year 2018,
of the amount made available to the Commission under this Act or any
other Act, the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
[[Page 516]]
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $1,332,124,000, to remain available until expended, of which
$67,693,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $5,551,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund: Provided,
That such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 6806 shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further, That of the amounts provided herein, funds may be used for
high-priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further,
That in accordance with section 4009(c) of Public Law 114-322 and as
recommended by the Secretary in a letter dated November 21, 2017,
funding provided for such purpose in fiscal year 2017 shall be made
available to the North Valley Regional Recycled Water Program, the
Orange County Sanitation District Effluent Reuse Implementation
Project--Headworks Segregation, and the Groundwater Reliability
Improvement Program (GRIP) Recycled Water Project: Provided further,
That in accordance with section 4007 of Public Law 114-322 and as
recommended by the Secretary in a letter dated February 23, 2018,
funding provided for such purpose in fiscal year 2017 shall be made
available to the Shasta Dam and Reservoir Enlargement Project, the
North-of-Delta Offstream Storage Investigation/Sites Reservoir Storage
Project, the Upper San Joaquin River Basin Storage Investigation, the
Friant-Kern Canal Subsidence Challenges Project, the Boise River Basin
Feasibility Study, the Yakima River Basin Water Enhancement Project--Cle
Elum Pool Raise, and the Upper Yakima System Storage Feasibility Study.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat restoration,
improvement, and acquisition provisions of the Central Valley Project
Improvement Act, $41,376,000, to be derived from such sums as may be
collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the
[[Page 517]]
full amount of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided further,
That none of the funds made available under this heading may be used for
the acquisition or leasing of water for in-stream purposes if the water
is already committed to in-stream purposes by a court adopted decree or
order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $37,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
CALFED implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2019, $59,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act for
Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2018, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior
[[Page 518]]
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $400,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term transfer means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds reprogrammed
between programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60 days after
the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of California
of a plan, which shall conform to the water quality standards of the
State of California as approved by the Administrator of the
Environmental Protection Agency, to minimize any detrimental effect of
the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal reclamation
law.
[[Page 519]]
Sec. 203. (a) Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking
``2017'' and inserting ``2020''.
(b) Section 301 of the Reclamation States Emergency Drought Relief
Act of 1991 (43 U.S.C. 2241) is amended by--
(1) striking ``2017'' and inserting ``2020''; and
(2) striking ``$90,000,000'' and inserting ``$120,000,000''.
Sec. 204. Notwithstanding any other provision of law, during the
period from November 1 through April 30, water users may use their
diversion structures for the purpose of recharging the Eastern Snake
Plain Aquifer, when the Secretary, in consultation with the Advisory
Committee and Water District 1 watermaster, determines there is water
available in excess of that needed to satisfy existing Minidoka Project
storage and hydropower rights and ensure operational flexibility.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $2,321,778,000, to remain
available until expended: Provided, That of such amount, $162,500,000
shall be available until September 30, 2019, for program direction.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $248,329,000, to
remain available until expended: Provided, That of such amount,
$28,500,000 shall be available until September 30, 2019, for program
direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, $1,205,056,000, to remain available until
[[Page 520]]
expended: Provided, That of such amount, $80,000,000 shall be available
until September 30, 2019, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant or
facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $726,817,000, to remain available until expended: Provided, That
of such amount $60,000,000 shall be available until September 30, 2019,
for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $4,900,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42 U.S.C.
6201 et seq.), $252,000,000, to remain available until expended:
Provided, That, <> as authorized by section
404 of the Bipartisan Budget Act of 2015 (Public Law 114-74; 42 U.S.C.
6239 note), the Secretary of Energy shall draw down and sell not to
exceed $350,000,000 of crude oil from the Strategic Petroleum Reserve in
fiscal year 2018: Provided further, That the proceeds from such
drawdown and sale shall be deposited into the ``Energy Security and
Infrastructure Modernization Fund'' during fiscal year 2018: Provided
further, That such amounts shall remain available until expended for
necessary expenses to carry out the Life Extension II project for the
Strategic Petroleum Reserve: Provided further, That section 158 of the
Continuing Appropriations Act, 2018 (division D of Public Law 115-56),
as amended by the Further Extension of Continuing Appropriations Act,
2018 (subdivision 3 of division B of Public Law 115-123), shall no
longer apply.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy Policy
and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C.
6241, 6239 note), and section 5010 of the 21st Century Cures Act (Public
Law 114-255), $8,400,000, to remain available until expended.
[[Page 521]]
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $6,500,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $125,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $298,400,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$840,000,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$35,732,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 16 passenger motor vehicles for
replacement only, including one ambulance and one bus, $6,259,903,000,
to remain available until expended: Provided, That of such amount,
$183,000,000 shall be available until September 30, 2019, for program
direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $353,314,000, to remain available until expended:
Provided, That of such amount, $29,250,000 shall be available until
September 30, 2019, for program direction.
[[Page 522]]
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses to carry out this Loan Guarantee
program, $33,000,000 is appropriated from fees collected in prior years
pursuant to section 1702(h) of the Energy Policy Act of 2005 which are
not otherwise appropriated, to remain available until September 30,
2019: Provided further, That if the amount in the previous proviso is
not available from such fees, an amount for such purposes is also
appropriated from the general fund so as to result in a total amount
appropriated for such purpose of no more than $23,000,000: Provided
further, That fees collected pursuant to such section 1702(h) for fiscal
year 2018 shall be credited as offsetting collections under this heading
and shall not be available until appropriated: Provided further, That
the Department of Energy shall not subordinate any loan obligation to
other financing in violation of section 1702 of the Energy Policy Act of
2005 or subordinate any Guaranteed Obligation to any loan or other debt
obligations in violation of section 609.10 of title 10, Code of Federal
Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2019.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $1,000,000, to
remain available until September 30, 2019.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$285,652,000, to remain available until September 30, 2019, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of
work are offset by revenue increases of the same or greater amount:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $96,000,000 in fiscal year
2018 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the
[[Page 523]]
fiscal year so as to result in a final fiscal year 2018 appropriation
from the general fund estimated at not more than $189,652,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$49,000,000, to remain available until September 30, 2019.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $10,642,138,000, to
remain available until expended: Provided, That of such amount,
$105,600,000 shall be available until September 30, 2019, for program
direction.
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,048,219,000, to
remain available until expended: Provided, That of the unobligated
balances from prior year appropriations available under this heading,
$49,000,000 is hereby rescinded: Provided further, That no amounts may
be rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,620,000,000,
to remain available until expended, of which, $85,500,000 shall be
transferred to ``Department of Energy--Energy
[[Page 524]]
Programs--Nuclear Energy'', for the Advanced Test Reactor: Provided,
That of such amount, $47,651,000 shall be available until September 30,
2019, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $407,595,000, to remain
available until September 30, 2019, including official reception and
representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $5,988,048,000, to
remain available until expended: Provided, That of such amount,
$300,000,000 shall be available until September 30, 2019, for program
direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $840,000,000, to remain available until expended: Provided,
That of such amount, $284,653,000 shall be available until September 30,
2019, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed $5,000:
Provided, That during fiscal year 2018, no new direct loan obligations
may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,379,000, including official reception
and representation expenses in an amount not
[[Page 525]]
to exceed $1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of
1944, up to $6,379,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$51,000,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling expenditures: Provided further, That for purposes of
this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding
purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power Administration,
$30,288,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), up to $18,888,000 collected by the Southwestern
Power Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of funding the
annual expenses of the Southwestern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation estimated at not more
than $11,400,000: Provided further, That notwithstanding 31 U.S.C.
3302, up to $40,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to recover
purchase power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for the
sole purpose of making purchase power and wheeling expenditures:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and wheeling
expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
[[Page 526]]
other related activities including conservation and renewable resources
programs as authorized, $223,276,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $221,251,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $129,904,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2018 appropriation
estimated at not more than $93,372,000, of which $91,347,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $209,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling expenditures: Provided further, That for purposes of
this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding
purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $4,176,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954 (68
Stat. 255): Provided, That notwithstanding the provisions of that Act
and of 31 U.S.C. 3302, up to $3,948,000 collected by the Western Area
Power Administration from the sale of power and related services from
the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until expended
for the sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2018 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2018, the
Administrator of the Western Area Power Administration may accept up to
$872,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund,
[[Page 527]]
and such funds shall be available for the purpose for which contributed
in like manner as if said sums had been specifically appropriated for
such purpose: Provided further, That any such funds shall be available
without further appropriation and without fiscal year limitation for use
by the Commissioner of the United States Section of the International
Boundary and Water Commission for the sole purpose of operating,
maintaining, repairing, rehabilitating, replacing, or upgrading the
hydroelectric facilities at these Dams in accordance with agreements
reached between the Administrator, Commissioner, and the power
customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, official reception and representation expenses not to exceed
$3,000, and the hire of passenger motor vehicles, $367,600,000, to
remain available until expended: Provided, That <> notwithstanding any other provision of law, not to exceed
$367,600,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2018 shall be retained and used
for expenses necessary in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2018 so as to result in a final fiscal year 2018 appropriation from
the general fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction
Agreement totaling $1,000,000 or more, including a contract
covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or (B);
or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
[[Page 528]]
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'', enter
into a multiyear contract, award a multiyear grant, or enter into a
multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time of
award; or
(2) the contract, grant, or cooperative agreement includes a
clause conditioning the Federal Government's obligation on the
availability of future year budget authority and the Secretary
notifies the Committees on Appropriations of both Houses of
Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the amounts
made available by this title shall be expended as authorized by law for
the programs, projects, and activities specified in the ``Final Bill''
column in the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The amounts made available by this title may be reprogrammed for
any program, project, or activity, and the Department shall notify the
Committees on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause any
program, project, or activity funding level to increase or decrease by
more than $5,000,000 or 10 percent, whichever is less, during the time
period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
[[Page 529]]
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2018 until the enactment of the Intelligence
Authorization Act for fiscal year 2018.
Sec. 303. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight is
conducted by the Office of Enterprise Assessments to ensure the project
is in compliance with nuclear safety requirements.
Sec. 304. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost exceeds
$100,000,000, until a separate independent cost estimate has been
developed for the project for that critical decision.
Sec. 305. (a) None of the funds made available in this or any prior
Act under the heading ``Defense Nuclear Nonproliferation'' may be made
available to enter into new contracts with, or new agreements for
Federal assistance to, the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in subsection
(a) if the Secretary determines that such activity is in the national
security interests of the United States. This waiver authority may not
be delegated.
(c) A waiver under subsection (b) shall not be effective until 15
days after the date on which the Secretary submits to the Committees on
Appropriations of both Houses of Congress, in classified form if
necessary, a report on the justification for the waiver.
Sec. 306. (a) New Regional Reserves.--The Secretary of Energy may
not establish any new regional petroleum product reserve unless funding
for the proposed regional petroleum product reserve is explicitly
requested in advance in an annual budget submission and approved by the
Congress in an appropriations Act.
(b) The budget request or notification shall include--
(1) the justification for the new reserve;
(2) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(3) a detailed plan for operation of the reserve, including
the conditions upon which the products may be released;
(4) the location of the reserve; and
(5) the estimate of the total inventory of the reserve.
Sec. 307. The Secretary of Energy may not transfer more than
$274,833,000 from the amounts made available under this title to the
working capital fund established under section 653
[[Page 530]]
of the Department of Energy Organization Act (42 U.S.C. 7263):
Provided, That the Secretary may transfer additional amounts to the
working capital fund after the Secretary provides notification in
advance of any such transfer to the Committees on Appropriations of both
Houses of Congress: Provided further, That any such notification shall
identify the sources of funds by program, project, or activity:
Provided further, That the Secretary shall notify the Committees on
Appropriations of both Houses of Congress before adding or removing any
activities from the fund.
Sec. 308. Not later than 90 days after the date of enactment of
this Act, the Secretary of the Department of Energy, in consultation
with the Office of Management and Budget, shall submit to the Committees
on Appropriations of both Houses of Congress a report that provides a
detailed explanation, using specific receipts data and legal
authorities, of how each of the Western Area Power Administration, the
Southwestern Power Administration, and the Southeastern Power
Administration are executing current receipt authority provided in this
and prior year appropriations Acts to create carryover of unobligated
balances for purchase power and wheeling expenditures.
Sec. 309. (a) Funds provided by this Act for Project 99-D-143, Mixed
Oxide Fuel Fabrication Facility, and any funds provided by prior Acts
for such Project that remain unobligated, may be made available only for
construction and project support activities for such Project.
(b) The Secretary of Energy shall not be subject to the requirements
of subsection (a) if the Secretary waives the requirements of section
3121(a) of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91) in accordance with subsection (b) of such section.
(c) If the Secretary waives the requirements of section 3121(a) of
the National Defense Authorization Act for Fiscal Year 2018, the
Secretary--
(1) shall concurrently submit to the Committees on
Appropriations of both Houses of Congress the lifecycle cost
estimate used to make the certification under section 3121(b) of
such Act; and
(2) may not use funds provided for the Project to eliminate
such Project until the date that is 30 days after the submission
of the lifecycle cost estimate required under paragraph (1).
Sec. 310. The unappropriated receipts currently in the Uranium
Supply and Enrichment Activities account shall be transferred to and
merged with the Uranium Enrichment Decontamination and Decommissioning
Fund and shall be available only to the extent provided in advance in
appropriations Acts.
Sec. 311. Notwithstanding section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241), upon a determination by the President
in this fiscal year that a regional supply shortage of refined petroleum
product of significant scope and duration exists, that a severe increase
in the price of refined petroleum product will likely result from such
shortage, and that a draw down and sale of refined petroleum product
would assist directly and significantly in reducing the adverse impact
of such shortage, the Secretary of Energy may draw down and sell refined
petroleum product from the Strategic Petroleum Reserve. Proceeds from a
sale under this section shall be deposited into the SPR Petroleum
Account established in section 167 of the Energy Policy and Conservation
[[Page 531]]
Act (42 U.S.C. 6247), and such amounts shall be available for
obligation, without fiscal year limitation, consistent with that
section.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, and for expenses necessary
for the Federal Co-Chairman and the Alternate on the Appalachian
Regional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$155,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $31,000,000, to
remain available until September 30, 2019.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, notwithstanding sections 382F(d), 382M, and 382N of said Act,
$25,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $30,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title III,
Public Law 105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50
percent for non-distressed communities: Provided further, That
notwithstanding any other provision of law regarding payment of a non-
Federal share in connection with a grant-in-aid program, amounts under
this heading shall be available for the payment of such a non-Federal
share for programs undertaken to carry out the purposes of the
Commission.
[[Page 532]]
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $15,000,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code:
Provided further, That during fiscal year 2018, the duties and authority
of the Federal Cochairperson shall be assumed by the Northern Border
Regional Commission Program Director if the position of the Federal
Cochairperson and Alternate Federal Cochairperson is vacant.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
(including rescission of funds)
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $909,137,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2019,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the Commission:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $779,768,032
in fiscal year 2018 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That of the amounts
appropriated under this heading, not less than $10,000,000 shall be for
activities related to the development of regulatory infrastructure for
advanced nuclear technologies, and $16,200,000 shall be for
international activities, except that the amounts provided under this
proviso shall not be derived from fee revenues, notwithstanding 42
U.S.C. 2214: Provided further, That the sum herein appropriated shall
be reduced by the amount of revenues received during fiscal year 2018 so
as to result in a final fiscal year 2018 appropriation estimated at not
more than $129,300,892: Provided further, That of the amounts
appropriated under this heading, $10,000,000 shall be for university
research and development in areas relevant to the Commission's mission,
and $5,000,000 shall be for a Nuclear Science and Engineering Grant
Program that will support multiyear projects that do not align with
programmatic missions but are critical to maintaining the discipline of
nuclear science and
[[Page 533]]
engineering: Provided further, That $68,076.04 of unobligated balances
from the funds transferred to the Nuclear Regulatory Commission from the
United States Agency for International Development pursuant to section
632(a) of the Foreign Assistance Act of 1961 are rescinded: Provided
further, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$12,859,000, to remain available until September 30, 2019: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,555,000 in fiscal year 2018
shall be retained and be available until September 30, 2019, for
necessary salaries and expenses in this account, notwithstanding section
3302 of title 31, United States Code: Provided further, That the sum
herein appropriated shall be reduced by the amount of revenues received
during fiscal year 2018 so as to result in a final fiscal year 2018
appropriation estimated at not more than $2,304,000: Provided further,
That of the amounts appropriated under this heading, $1,131,000 shall be
for Inspector General services for the Defense Nuclear Facilities Safety
Board, which shall not be available from fee revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,600,000, to be
derived from the Nuclear Waste Fund, to remain available until September
30, 2019.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would
pose a substantial risk to human health, the environment, welfare, or
national security.
(2) The Nuclear Regulatory Commission shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later
[[Page 534]]
than 3 days after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall include an
explanation of the substantial risk under paragraph (1) that permitted
such waiver and shall provide a detailed report to the Committees of
such waiver and changes to funding levels to programs, projects, or
activities.
(c) Except as provided in subsections (a), (b), and (d), the amounts
made available by this title for ``Nuclear Regulatory Commission--
Salaries and Expenses'' shall be expended as directed in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory Commission
shall be available for obligation or expenditure through a reprogramming
of funds that increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the report of the
Committee on Appropriations accompanying this Act, or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority whereby
a department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality.
(c) The head of any relevant department or agency funded in this Act
utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any
[[Page 535]]
authority whereby a department, agency, or instrumentality of the United
States Government may provide goods or services to another department,
agency, or instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts transferred and the
purposes for which they were transferred, and shall not replace or
modify existing notification requirements for each authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
This division may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2018''.
DIVISION E--FINANCIAL <> SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the performance
of official business; executive direction program activities;
international affairs and economic policy activities; domestic finance
and tax policy activities, including technical assistance to Puerto
Rico; and Treasury-wide management policies and programs activities,
$201,751,000: Provided, That of the amount appropriated under this
heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted
for solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2019, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
[[Page 536]]
(D) the development and implementation of programs
within the Office of Critical Infrastructure Protection
and Compliance Policy, including entering into
cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, money launderers, drug kingpins, and other
national security threats, $141,778,000: Provided, That of the amount
appropriated under this heading: (1) up to $32,000,000 may be
transferred to the Departmental Offices Salaries and Expenses
appropriation and shall be available for administrative support to the
Office of Terrorism and Financial Intelligence; and (2) up to $5,000,000
shall remain available until September 30, 2019.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $24,000,000, to remain
available until September 30, 2020: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
the Chief Information Officer of the individual offices and bureaus
shall submit a spend plan for each investment to the Treasury Chief
Information Officer for approval: Provided further, That the submitted
spend plan shall be reviewed and approved by the Treasury Chief
Information Officer prior to the obligation of funds under this heading:
Provided further, That of the total amount made available under this
heading $1,000,000 shall be available for administrative expenses for
the Treasury Chief Information Officer to provide oversight of the
investments made under this heading: Provided further, That such funds
shall supplement and not supplant any other amounts made available to
the Treasury Chief Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $4,426,000, to remain
available until September 30, 2020: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this heading
shall be used to support or supplement
[[Page 537]]
``Internal Revenue Service, Operations Support'' or ``Internal Revenue
Service, Business Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$37,044,000, including hire of passenger motor vehicles; of which not to
exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction of
the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2019, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of which
not to exceed $1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Inspector General for Tax Administration;
$169,634,000, of which $5,000,000 shall remain available until September
30, 2019; of which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000 shall be
available for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration; and of which not to exceed $1,500 shall be available
for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $34,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training expenses
of non-Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial intelligence
activities, law enforcement, and financial regulation; services
authorized by 5 U.S.C. 3109; not to exceed $10,000 for official
reception and representation expenses; and for
[[Page 538]]
assistance to Federal law enforcement agencies, with or without
reimbursement, $115,003,000, of which not to exceed $34,335,000 shall
remain available until September 30, 2020.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$702,000,000 are hereby permanently rescinded not later than September
30, 2018.
(including return of funds)
In addition, of amounts in the Treasury Forfeiture Fund, $38,800,000
from funds paid to the United States Government by BNP Paribas S.A. as
part of, or related to, a plea agreement dated June 27, 2014, entered
into between the Department of Justice and BNP Paribas S.A., and subject
to a consent order entered by the United States District Court for the
Southern District of New York on May 1, 2015, in United States v. BNPP,
No. 14 Cr. 460 (S.D.N.Y.), are hereby returned to the General Fund of
the Treasury.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $338,280,000; of which not to exceed $4,210,000, to remain
available until September 30, 2020, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$111,439,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That of
the amount appropriated under this heading, $5,000,000, to remain
available until September 30, 2019, shall be for the costs associated
with enforcement of the trade practice provisions of the Federal Alcohol
Administration Act (27 U.S.C. 201 et seq.).
[[Page 539]]
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2018 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvements Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-3, $250,000,000. Of the amount
appropriated under this heading--
(1) not less than $160,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to
Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September 30,
2019, for financial assistance, technical assistance, training,
and outreach under subparagraphs (A) and (B) of section
108(a)(1), respectively, of Public Law 103-325 (12 U.S.C.
4707(a)(1)(A) and (B)), of which up to $2,680,000 may be used
for the cost of direct loans, and of which up to $3,000,000,
notwithstanding subsection (d) of section 108 of Public Law 103-
325 (12 U.S.C. 4707 (d)), may be available to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions to expand
investments that benefit individuals with disabilities:
Provided, That the cost of direct and guaranteed loans,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not
to exceed $25,000,000;
(2) not less than $16,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
until September 30, 2019, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities
and provided primarily through qualified community development
lender organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations, and
other suitable providers;
(3) not less than $25,000,000 is available until September
30, 2019, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2019, for
[[Page 540]]
a Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose of
offering affordable financing and technical assistance to expand
the availability of healthy food options in distressed
communities;
(5) up to $27,000,000 is available until September 30, 2018,
for administrative expenses, including administration of CDFI
fund programs and the New Markets Tax Credit Program, of which
not less than $1,000,000 is for development of tools to better
assess and inform CDFI investment performance, and up to
$300,000 is for administrative expenses to carry out the direct
loan program; and
(6) during fiscal year 2018, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a): Provided, That commitments to
guarantee bonds and notes under such section 114A shall not
exceed $500,000,000: Provided further, That <> such section 114A shall remain in effect until
December 31, 2018: Provided further, That of the funds awarded
under this heading, not less than 10 percent shall be used for
awards that support investments that serve populations living in
persistent poverty counties: Provided further, That for the
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the 2011-
2015 5-year data series available from the American Community
Survey of the Census Bureau.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,506,554,000, of which not less than $9,890,000 shall be
for the Tax Counseling for the Elderly Program, of which not less than
$12,000,000 shall be available for low-income taxpayer clinic grants,
and of which not less than $15,000,000, to remain available until
September 30, 2019, shall be available for a Community Volunteer Income
Tax Assistance matching grants program for tax return preparation
assistance, of which not less than $206,000,000 shall be available for
operating expenses of the Taxpayer Advocate Service: Provided, That of
the amounts made available for the Taxpayer Advocate Service, not less
than $5,500,000 shall be for identity theft casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to provide
legal and litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal
[[Page 541]]
revenue laws and other financial crimes, to purchase and hire passenger
motor vehicles (31 U.S.C. 1343(b)), and to provide other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,860,000,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2019, and of which not less than
$60,257,000 shall be for the Interagency Crime and Drug Enforcement
program.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics of
income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,634,000,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2019; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2020, for research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided,
That <> not later than 30 days after the end
of each quarter, the Internal Revenue Service shall submit a report to
the Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General of the United States detailing the
cost and schedule performance for its major information technology
investments, including the purpose and life-cycle stages of the
investments; the reasons for any cost and schedule variances; the risks
of such investments and strategies the Internal Revenue Service is using
to mitigate such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter: Provided
further, That the Internal Revenue Service shall include, in its budget
justification for fiscal year 2019, a summary of cost and schedule
performance information for its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $110,000,000, to remain available until
September 30, 2020, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: <> Provided, That not later than
30 days after the end of each quarter, the Internal Revenue Service
shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate and the Comptroller General of the
United States detailing the cost and schedule performance for major
information technology investments, including the purposes and life-
cycle stages of the investments; the reasons for any cost and schedule
variances; the risks
[[Page 542]]
of such investments and the strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental milestones
to be achieved and costs to be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to any other Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. None of the funds made available to the Internal Revenue
Service by this Act may be used to make a video unless the Service-Wide
Video Editorial Board determines in advance that making the video is
appropriate, taking into account the cost, topic, tone, and purpose of
the video.
Sec. 106. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 107. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 108. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory scrutiny
based on their ideological beliefs.
Sec. 109. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the Treasury
Inspector General for Tax Administration entitled ``Review of the August
2010 Small Business/
[[Page 543]]
Self-Employed Division's Conference in Anaheim, California'' (Reference
Number 2013-10-037).
Sec. 110. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program or
process takes into account the conduct and Federal tax
compliance of such employee or former employee.
Sec. 111. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 112. Except to the extent provided in section 6014, 6020, or
6201(d) of the Internal Revenue Code of 1986, no funds in this or any
other Act shall be available to the Secretary of the Treasury to provide
to any person a proposed final return or statement for use by such
person to satisfy a filing or reporting requirement under such Code.
Sec. 113. In addition to the amounts otherwise made available in
this Act for the Internal Revenue Service, $320,000,000, to be available
until September 30, 2019, shall be transferred by the Commissioner to
the ``Taxpayer Services'', ``Enforcement'', or ``Operations Support''
accounts of the Internal Revenue Service for an additional amount to be
used solely for carrying out Public Law 115-97: Provided, That such
funds shall not be available until the Commissioner submits to the
Committees on Appropriations of the House of Representatives and the
Senate a spending plan for such funds.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 114. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 115. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--Salaries
and Expenses'', ``Office of Inspector General'', ``Special Inspector
General for the Troubled Asset Relief Program'', ``Financial Crimes
Enforcement Network'', ``Bureau of the Fiscal Service'', and ``Alcohol
and Tobacco Tax and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
[[Page 544]]
Sec. 116. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That no transfer may
increase or decrease any such appropriation by more than 2 percent.
Sec. 117. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 118. The Secretary of the Treasury may transfer funds from the
``Bureau of the Fiscal Service-Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States Mint
to construct or operate any museum without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 120. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 121. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2018 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2018.
Sec. 122. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 123. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the Senate and
the House of Representatives not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
[[Page 545]]
Sec. 124. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided by
the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing in
the Franchise Fund.
Sec. 125. During fiscal year 2018--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for
the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535 (November
29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 126. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives and the
Senate Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 127. Notwithstanding paragraph (2) of section 402(c) of the
Helping Families Save their Homes Act of 2009, in utilizing funds made
available by paragraph (1) of section 402(c) of such Act, the Special
Inspector General for the Troubled Asset Relief Program shall prioritize
the performance of audits or investigations of any program that is
funded in whole or in part by funds appropriated under the Emergency
Economic Stabilization Act of 2008, to the extent that such priority is
consistent with other aspects of the mission of the Special Inspector
General.
[[Page 546]]
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2018''.
TITLE II <>
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3 U.S.C.
103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $12,917,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that such
amount is collected within 30 days after the submission of such notice:
Provided further, That the Executive Residence shall charge interest
[[Page 547]]
and assess penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the interest and
penalty provisions applicable to an outstanding debt on a United States
Government claim under 31 U.S.C. 3717: Provided further, That each such
amount that is reimbursed, and any accompanying interest and charges,
shall be deposited in the Treasury as miscellaneous receipts: Provided
further, That the Executive Residence shall prepare and submit to the
Committees on Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during the
preceding fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking of
expenses related to reimbursable events within the Executive Residence
that includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $750,000, to
remain available until expended, for required maintenance, resolution of
safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,187,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $11,800,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $100,000,000, of which not to exceed
$12,800,000 shall remain available until expended
[[Page 548]]
for continued modernization of information resources within the
Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, to carry out the provisions of chapter 35 of title 44,
United States Code, and to prepare and submit the budget of the United
States Government, in accordance with section 1105(a) of title 31,
United States Code, $101,000,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That none of
the funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That of the funds made available for the Office of Management
and Budget by this Act, no less than three full-time equivalent senior
staff position shall be dedicated solely to the Office of the
Intellectual Property Enforcement Coordinator: Provided further, That
none of the funds provided in this or prior Acts shall be used, directly
or indirectly, by the Office of Management and Budget, for evaluating or
determining if water resource project or study reports submitted by the
Chief of Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and requirements
relevant to the Civil Works water resource planning process: Provided
further, That the Office of Management and Budget shall have not more
than 60 days in which to perform budgetary policy reviews of water
resource matters on which the Chief of Engineers has reported: Provided
further, That the Director of the Office of Management and Budget shall
notify the appropriate authorizing and appropriating committees when the
60-day review is initiated: Provided further, That if water resource
reports have not been transmitted to the appropriate authorizing and
appropriating committees within 15 days after the end of the Office of
Management and Budget review period based on the notification from the
Director, Congress shall assume Office of Management and Budget
concurrence with the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research,
[[Page 549]]
or public organizations or agencies, with or without reimbursement,
$18,400,000: Provided, That <> the Office is
authorized to accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation, for the
purpose of aiding or facilitating the work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $280,000,000, to
remain available until September 30, 2019, for drug control activities
consistent with the approved strategy for each of the designated High
Intensity Drug Trafficking Areas (``HIDTAs''), of which not less than 51
percent shall be transferred to State and local entities for drug
control activities and shall be obligated not later than 120 days after
enactment of this Act: Provided, That up to 49 percent may be
transferred to Federal agencies and departments in amounts determined by
the Director of the Office of National Drug Control Policy, of which up
to $2,700,000 may be used for auditing services and associated
activities: Provided further, That, notwithstanding the requirements of
Public Law 106-58, any unexpended funds obligated prior to fiscal year
2016 may be used for any other approved activities of that HIDTA,
subject to reprogramming requirements: Provided further, That each
HIDTA designated as of September 30, 2017, shall be funded at not less
than the fiscal year 2017 base level, unless the Director submits to the
Committees on Appropriations of the House of Representatives and the
Senate justification for changes to those levels based on clearly
articulated priorities and published Office of National Drug Control
Policy performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2018 funding among HIDTAs not later
than 45 days after enactment of this Act, and shall notify the
Committees of planned uses of discretionary HIDTA funding, as determined
in consultation with the HIDTA Directors, not later than 90 days after
enactment of this Act: Provided further, That upon a determination that
all or part of the funds so transferred from this appropriation are not
necessary for the purposes provided herein and upon notification to the
Committees on Appropriations of the House of Representatives and the
Senate, such amounts may be transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $117,093,000, to remain available until expended, which shall
be available as follows: $99,000,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $2,000,000 for drug
[[Page 550]]
court training and technical assistance; $9,500,000 for anti-doping
activities; $2,343,000 for the United States membership dues to the
World Anti-Doping Agency; and $1,250,000 shall be made available as
directed by section 1105 of Public Law 109-469; and $3,000,000, to
remain available until expended, shall be for activities authorized by
section 103 of Public Law 114-198: Provided, That amounts made
available under this heading may be transferred to other Federal
departments and agencies to carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $798,000, to remain available until
September 30, 2019.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated, efficient,
secure, and effective uses of information technology in the Federal
Government, $19,000,000, to remain available until expended: Provided,
That the Director of the Office of Management and Budget may transfer
these funds to one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $302,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
[[Page 551]]
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'', ``White
House Repair and Restoration'', ``Council of Economic Advisers'',
``National Security Council and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'', and
``Official Residence of the Vice President'', the Director of the Office
of Management and Budget (or such other officer as the President may
designate in writing), may, with advance approval of the Committees on
Appropriations of the House of Representatives and the Senate, transfer
not to exceed 10 percent of any such appropriation to any other such
appropriation, to be merged with and available for the same time and for
the same purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by more than
50 percent by such transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the Vice
President.
Sec. 202. Within 90 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate on the costs of implementing the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203). Such report shall include--
(1) the estimated mandatory and discretionary obligations of
funds through fiscal year 2019, by Federal agency and by fiscal
year, including--
(A) the estimated obligations by cost inputs such as
rent, information technology, contracts, and personnel;
(B) the methodology and data sources used to
calculate such estimated obligations; and
(C) the specific section of such Act that requires
the obligation of funds; and
(2) the estimated receipts through fiscal year 2019 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including--
(A) the methodology and data sources used to
calculate such estimated collections; and
(B) the specific section of such Act that authorizes
the collection of funds.
Sec. 203. (a) During fiscal year 2018, any Executive order or
Presidential memorandum issued or revoked by the President shall be
accompanied by a written statement from the Director of the Office of
Management and Budget on the budgetary impact, including costs,
benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
[[Page 552]]
by Federal agency, for each year in the 5-fiscal year period
beginning in fiscal year 2018; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year period
beginning in fiscal year 2018.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2018 due to a national emergency, the Director of the
Office of Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that such order or
memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda
shall only apply for Presidential memoranda estimated to have a
regulatory cost in excess of $100,000,000.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2018''.
TITLE III <>
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $82,028,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $16,153,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $31,291,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
[[Page 553]]
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $18,889,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $5,099,061,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for furniture
and furnishings related to new space alteration and construction
projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$8,230,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b);
and for necessary training and general administrative expenses,
$1,078,713,000 to remain available until expended.
[[Page 554]]
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $50,944,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court operations, and the procurement,
installation, and maintenance of security systems and equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter security, basic
security services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$586,999,000, of which not to exceed $20,000,000 shall remain available
until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering
the Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative Office of the
United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $90,423,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $29,265,000; of which $1,800,000 shall remain
available through September 30, 2019, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
[[Page 555]]
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $18,699,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance with
the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 304. Section 3315(a) of title 40, United States Code, shall be
applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and notwithstanding
any other provision of law, the United States Marshals Service shall
provide, for such courthouses as its Director may designate in
consultation with the Director of the Administrative Office of the
United States Courts, for purposes of a pilot program, the security
services that 40 U.S.C. 1315 authorizes the Department of Homeland
Security to provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``26 years and 6 months'' and inserting
``27 years and 6 months''; and
[[Page 556]]
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``21 years and 6 months'' and inserting
``24 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``24 years and 6 months'' and
inserting ``25 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``15 years'' and
inserting ``16 years'';
(2) in the second sentence (relating to the central District
of California), by striking ``14 years and 6 months'' and
inserting ``15 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``13 years'' and inserting ``14
years''.
Sec. 307. (a) Section 1871(b) of title 28, United States Code, is
amended in paragraph (1) by striking ``$40'' and inserting ``$50''.
(b) <> Effective Date.--The amendment made
in subsection (a) shall take effect 45 days after the date of enactment
of this Act.
This title may be cited as the ``Judiciary Appropriations Act,
2018''.
TITLE IV <>
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$40,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia Chief
Financial Officer, who shall use those funds solely for the purposes of
carrying out the Resident Tuition Support Program: Provided further,
That the Office of the Chief Financial Officer shall provide a quarterly
financial report to the Committees
[[Page 557]]
on Appropriations of the House of Representatives and the Senate for
these funds showing, by object class, the expenditures made and the
purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$13,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$265,400,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,000,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $121,000,000, of which not to exceed $2,500
is for official reception and representation expenses; for the District
of Columbia Court System, $71,500,000, of which not to exceed $2,500 is
for official reception and representation expenses; and $58,900,000, to
remain available until September 30, 2019, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and facilities condition
assessment: Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and the Senate, the District of Columbia Courts may
reallocate not more than $6,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial Administration in
the District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, for employees of the District
of Columbia Courts.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments
[[Page 558]]
for counsel appointed in proceedings in the Family Court of the Superior
Court of the District of Columbia under chapter 23 of title 16, D.C.
Official Code, or pursuant to contractual agreements to provide guardian
ad litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments authorized
under section 21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $49,890,000, to remain available
until expended: Provided, That not more than $20,000,000 in unobligated
funds provided in this account may be transferred to and merged with
funds made available under the heading ``Federal Payment to the District
of Columbia Courts,'' to be available for the same period and purposes
as funds made available under that heading for capital improvements to
District of Columbia courthouse facilities: Provided, That funds
provided under this heading shall be administered by the Joint Committee
on Judicial Administration in the District of Columbia: Provided
further, That, notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$244,298,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, of which not to exceed $25,000 is for
dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $180,840,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include expenses relating
to the supervision of adults subject to protection orders or the
provision of services for or related to such persons; and of which
$63,458,000 shall be available to the Pretrial Services Agency:
Provided, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies:
Provided further, That amounts under this heading may be used for
programmatic incentives for defendants to successfully complete their
terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $41,829,000: Provided,
[[Page 559]]
That notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,000,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30, 2019,
to the Commission on Judicial Disabilities and Tenure, $295,000, and for
the Judicial Nomination Commission, $270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $45,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125 Stat.
211) including students who were not offered a scholarship during any
previous school year: Provided further, That within funds provided for
opportunity scholarships $3,200,000 shall be for the activities
specified in sections 3007(b) through 3007(d) and 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$435,000, to remain available until expended for the Major General David
F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing of
individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth under the
heading ``part a--summary of expenses'' and at the rate set forth under
such heading, as included in D.C. Bill 22-242, as amended as of the date
of enactment of this Act: Provided, That notwithstanding any other
provision of law, except as provided in section 450A of the District of
Columbia Home Rule Act (section
[[Page 560]]
1-204.50a, D.C. Official Code), sections 816 and 817 of the Financial
Services and General Government Appropriations Act, 2009 (secs. 47-
369.01 and 47-369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2018 under this heading shall not
exceed the estimates included in D.C. Bill 22-242, as amended as of the
date of enactment of this Act or the sum of the total revenues of the
District of Columbia for such fiscal year: Provided further, That the
amount appropriated may be increased by proceeds of one-time
transactions, which are expended for emergency or unanticipated
operating or capital needs: Provided further, That such increases shall
be approved by enactment of local District law and shall comply with all
reserve requirements contained in the District of Columbia Home Rule
Act: Provided further, That the Chief Financial Officer of the District
of Columbia shall take such steps as are necessary to assure that the
District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2018, except
that the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other obligations
issued for capital projects.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $14,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
This title may be cited as the ``District of Columbia Appropriations
Act, 2018''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,100,000, to remain
available until September 30, 2019, of which not to exceed $1,000 is for
official reception and representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $8,000 for
official reception and representation
[[Page 561]]
expenses, $126,000,000, of which $1,100,000 shall remain available until
expended to carry out the program, including administrative costs,
required by section 1405 of the Virginia Graeme Baker Pool and Spa
Safety Act (Public Law 110-140; 15 U.S.C. 8004).
administrative provisions--consumer product safety commission
Sec. 501. During fiscal year 2018, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the Consumer
Product Safety Commission in the Federal Register on November 19, 2014
(79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard for purposes of reducing the risk of
Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road
environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a ROV's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
United States military if the proposed requirements were
adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $10,100,000, of which $1,500,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act of
2002.
election reform program
Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of
2002 (52 U.S.C. 20904(c)(2)(B)), $380,000,000 is provided
[[Page 562]]
to the Election Assistance Commission for necessary expenses to make
payments to States for activities to improve the administration of
elections for Federal office, including to enhance election technology
and make election security improvements, as authorized by sections 101,
103, and 104 of such Act: Provided, That each reference to the
``Administrator of General Services'' or the ``Administrator'' in
sections 101 and 103 shall be deemed to refer to the ``Election
Assistance Commission'': Provided further, That each reference to
``$5,000,000'' in section 103 shall be deemed to refer to ``$3,000,000''
and each reference to ``$1,000,000'' in section 103 shall be deemed to
refer to ``$600,000'': Provided further, That not later than 45 days
after the date of enactment of this Act, the Election Assistance
Commission shall make the payments to states under this heading:
Provided further, That not later than two years after receiving a
payment under this heading, a state shall make available funds for such
activities in an amount equal to 5 percent of the total amount of the
payment made to the State under this heading.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $322,035,000, to remain available until expended: Provided, That
$322,035,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of 1934,
shall be retained and used for necessary expenses and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 2018 so as to result in a final fiscal year
2018 appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $322,035,000 in fiscal year
2018 shall not be available for obligation: Provided further, That
remaining offsetting collections from prior years collected in excess of
the amount specified for collection in each such year and otherwise
becoming available on October 1, 2017, shall not be available for
obligation: Provided further, That, notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding system that
may be retained and made available for obligation shall not exceed
$111,150,000 for fiscal year 2018: Provided further, That, of the
amount appropriated under this heading, not less than $11,020,000 shall
be for the salaries and expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004 recommendations of the Federal-State Joint Board
on Universal Service
[[Page 563]]
regarding single connection or primary line restrictions on universal
service support payments.
Sec. 511. Section 6403 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1452) is amended by adding at the end
the following:
``(j) Reserve Source for Payment of Relocation Costs.--
``(1) Funding.--There are hereby authorized to be
appropriated, and appropriated, to the TV Broadcaster Relocation
Fund established by subsection (d), out of any monies in the
Treasury not otherwise appropriated--
``(A) for fiscal year 2018, $600,000,000, to remain
available, notwithstanding subsection (d)(4), until not
later than July 3, 2023, pursuant to this subsection;
and
``(B) for fiscal year 2019, $400,000,000, to remain
available, notwithstanding subsection (d)(4), until not
later than July 3, 2023, pursuant to this subsection.
``(2) Availability of funds.--
``(A) In general.--If the Commission makes the
certification described in subparagraph (B), amounts
made available to the TV Broadcaster Relocation Fund by
paragraph (1) shall be available to the Commission to
make--
``(i) reimbursements pursuant to subsection
(b)(4)(A)(i) or (b)(4)(A)(ii), including not more
than $350,000,000 for this purpose from funds made
available by paragraph (1)(A);
``(ii) payments required by subsection (k),
including not more than $150,000,000 for this
purpose from funds made available by paragraph
(1)(A);
``(iii) payments required by subsection (l),
including not more than $50,000,000 for this
purpose from funds made available by paragraph
(1)(A); and
``(iv) payments solely for the purposes of
consumer education relating to the reorganization
of broadcast television spectrum under subsection
(b), including $50,000,000 for this purpose from
funds made available by paragraph (1)(A).
``(B) Certification.--The certification described in
this subparagraph is a certification from the Commission
to the Secretary of the Treasury that the funds
available prior to the date of enactment of this
subsection in the TV Broadcaster Relocation Fund are
likely to be insufficient to reimburse reasonably
incurred costs described in subsection (b)(4)(A)(i) or
(b)(4)(A)(ii).
``(C) Availability for payments after april 13,
2020.--
``(i) For payments to broadcast television
licensees and mvpds.--Notwithstanding subsection
(b)(4)(D), the Commission may make payments
pursuant to subsection (b)(4)(A)(i) or
(b)(4)(A)(ii) from amounts made available to the
TV Broadcaster Relocation Fund by paragraph (1)
after April 13, 2020, if, before making any such
payments after such date, the Commission submits
to Congress a certification that such payments are
necessary to reimburse reasonably incurred costs
described in such subsection.
``(ii) For payments to television translator
stations and low power television stations.--
[[Page 564]]
Amounts made available to the TV Broadcaster
Relocation Fund by paragraph (1) shall not be
available to the Commission to make payments
required by subsection (k) after April 13, 2020,
unless, before making any such payments after such
date, the Commission submits to Congress a
certification that such payments are necessary to
reimburse costs reasonably incurred by a
television translator station or low power
television station (as such terms are defined in
subsection (k)) on or after January 1, 2017, in
order for such station to relocate its television
service from one channel to another channel or
otherwise modify its facility as a result of the
reorganization of broadcast television spectrum
under subsection (b).
``(iii) For payments to fm broadcast
stations.--Amounts made available to the TV
Broadcaster Relocation Fund by paragraph (1) shall
not be available to the Commission to make
payments required by subsection (l) after April
13, 2020, unless, before making any such payments
after such date, the Commission submits to
Congress a certification that such payments are
necessary to reimburse costs reasonably incurred
by an FM broadcast station (as defined in
subsection (l)) for facilities necessary for such
station to reasonably minimize disruption of
service as a result of the reorganization of
broadcast television spectrum under subsection
(b).
``(3) Unused funds rescinded and deposited into the general
fund of the treasury.--
``(A) Rescission and deposit.--If any unobligated
amounts made available to the TV Broadcaster Relocation
Fund by paragraph (1) remain in the Fund after the date
described in subparagraph (B), such amounts shall be
rescinded and deposited into the general fund of the
Treasury, where such amounts shall be dedicated for the
sole purpose of deficit reduction.
``(B) Date described.--The date described in this
subparagraph is the earlier of--
``(i) the date of a certification by the
Commission under subparagraph (C) that all
reimbursements pursuant to subsections
(b)(4)(A)(i) and (b)(4)(A)(ii) have been made and
that all reimbursements pursuant to subsections
(k) and (l) have been made; or
``(ii) July 3, 2023.
``(C) Certification.--If all reimbursements pursuant
to subsections (b)(4)(A)(i) and (b)(4)(A)(ii) and all
reimbursements pursuant to subsections (k) and (l) have
been made before July 3, 2023, the Commission shall
submit to the Secretary of the Treasury a certification
that all such reimbursements have been made.
``(4) Administrative costs.--The amount of auction proceeds
that the salaries and expenses account of the Commission is
required to retain under section 309(j)(8)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), including
from the proceeds of the forward auction under this section,
shall be sufficient to cover the administrative costs incurred
by the Commission in making any reimbursements out of the TV
[[Page 565]]
Broadcaster Relocation Fund from amounts made available to that
Fund by paragraph (1).
``(k) Payment of Relocation Costs of Television Translator Stations
and Low Power Television Stations.--
``(1) Payment required.--From amounts made available under
subsection (j)(2), the Commission shall reimburse costs
reasonably incurred by a television translator station or low
power television station on or after January 1, 2017, in order
for such station to relocate its television service from one
channel to another channel or otherwise modify its facility as a
result of the reorganization of broadcast television spectrum
under subsection (b). Only stations that are eligible to file
and do file an application in the Commission's Special
Displacement Window are eligible to seek reimbursement under
this paragraph.
``(2) Limitation.--The Commission may not make
reimbursements under paragraph (1) for lost revenues.
``(3) Duplicative payments prohibited.--In the case of a low
power television station that has been accorded primary status
as a Class A television licensee under section 73.6001(a) of
title 47, Code of Federal Regulations--
``(A) if the licensee of such station has received
reimbursement with respect to such station under
subsection (b)(4)(A)(i) (including from amounts made
available under subsection (j)(2)(A)(i)), or from any
other source, such station may not receive reimbursement
under paragraph (1); and
``(B) if such station has received reimbursement
under paragraph (1), the licensee of such station may
not receive reimbursement with respect to such station
under subsection (b)(4)(A)(i).
``(4) Additional limitation.--The Commission may not make
reimbursement under paragraph (1) for costs incurred to resolve
mutually exclusive applications, including costs incurred in any
auction of available channels.
``(5) Definitions.--In this subsection:
``(A) Low power television station.--The term `low
power television station' means a low power TV station
(as defined in section 74.701 of title 47, Code of
Federal Regulations) that was licensed and transmitting
for at least 9 of the 12 months prior to April 13, 2017.
For purposes of the preceding sentence, the operation of
analog and digital companion facilities may be combined.
``(B) Television translator station.--The term
`television translator station' means a television
broadcast translator station (as defined in section
74.701 of title 47, Code of Federal Regulations) that
was licensed and transmitting for at least 9 of the 12
months prior to April 13, 2017. For purposes of the
preceding sentence, the operation of analog and digital
companion facilities may be combined.
``(l) Payment of Relocation Costs of Fm Broadcast Stations.--
``(1) Payment required.--
``(A) In general.--From amounts made available under
subsection (j)(2), the Commission shall reimburse costs
reasonably incurred by an FM broadcast station for
[[Page 566]]
facilities necessary for such station to reasonably
minimize disruption of service as a result of the
reorganization of broadcast television spectrum under
subsection (b).
``(B) Limitation.--The Commission may not make
reimbursements under subparagraph (A) for lost revenues.
``(C) Duplicative payments prohibited.--If an FM
broadcast station has received a payment for interim
facilities from the licensee of a television broadcast
station that was reimbursed for such payment under
subsection (b)(4)(A)(i) (including from amounts made
available under subsection (j)(2)(A)(i)), or from any
other source, such FM broadcast station may not receive
any reimbursements under subparagraph (A).
``(2) Fm broadcast station defined.--In this subsection, the
term `FM broadcast station' has the meaning given such term in
section 73.310 of title 47, Code of Federal Regulations, and
includes an FM translator, which has the meaning given the term
`FM translator' in section 74.1201 of such title.
``(m) Rulemaking.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Commission shall complete a
rulemaking to implement subsections (k) and (l).
``(2) Matters for inclusion.--The rulemaking completed under
paragraph (1) shall include the development of lists of
reasonable eligible costs to be reimbursed by the Commission
pursuant to subsections (k) and (l), and procedures for the
submission and review of cost estimates and other materials
related to those costs consistent with the regulations developed
by the Commission pursuant to subsection (b)(4).
``(n) Rule of Construction.--
``(1) Nothing in subsections (j) through (m) shall alter the
final transition phase completion date established by the
Commission for full power and Class A television stations.''.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$39,136,000, to be derived from the Deposit Insurance Fund or, only when
appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $71,250,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
[[Page 567]]
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of conference
rooms in the District of Columbia and elsewhere, $26,200,000: Provided,
That public members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as authorized by law
(5 U.S.C. 5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109: Provided
further, That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account, to be
available without further appropriation for the costs of carrying out
these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $306,317,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $126,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of law, not
to exceed $16,000,000 in offsetting collections derived from fees
sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2018, so as to result in a final fiscal year
2018 appropriation from the general fund estimated at not more than
$164,317,000: Provided further, That none of the funds made available
to the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
[[Page 568]]
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for public
buildings acquired by installment purchase and purchase contract; in the
aggregate amount of $9,073,938,000, of which--
(1) $692,069,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $132,979,000 shall be for the Alexandria Bay,
New York, Land Port of Entry;
(B) $121,848,000 shall be for the San Diego,
California, Otay Mesa Land Port of Entry;
(C) $137,242,000 shall be for the Harrisburg,
Pennsylvania, United States Courthouse, as requested by
the Federal Judiciary;
(D) $110,000,000 shall be for the Huntsville,
Alabama, United States Courthouse, as requested by the
Federal Judiciary;
(E) $190,000,000 shall be for the Fort Lauderdale,
Florida, United States Courthouse, as requested by the
Federal Judiciary:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but not
to exceed 10 percent of the amounts included in a transmitted
prospectus, if required, unless advance approval is obtained
from the Committees on Appropriations of a greater amount;
(2) $666,335,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
[[Page 569]]
(A) $289,245,000 is for Major Repairs and
Alterations;
(B) $312,090,000 is for Basic Repairs and
Alterations; and
(C) $65,000,000 is for Special Emphasis Programs, of
which--
(i) $25,000,000 is for Fire and Life Safety;
(ii) $20,000,000 is for Judiciary Capital
Security; and
(iii) $20,000,000 is for Consolidation
Activities: Provided, That consolidation projects
result in reduced annual rent paid by the tenant
agency: Provided further, That no consolidation
project exceed $10,000,000 in costs: Provided
further, That consolidation projects are approved
by each of the committees specified in section
3307(a) of title 40, United States Code: Provided
further, That preference is given to consolidation
projects that achieve a utilization rate of 130
usable square feet or less per person for office
space: Provided further, That the obligation of
funds under this paragraph for consolidation
activities may not be made until 10 days after a
proposed spending plan and explanation for each
project to be undertaken, including estimated
savings, has been submitted to the Committees on
Appropriations of the House of Representatives and
the Senate:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or any
previous Act may be increased by an amount not to exceed 10
percent unless advance approval is obtained from the Committees
on Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:
Provided further, That the amounts provided in this or any prior
Act for ``Repairs and Alterations'' may be used to fund costs
associated with implementing security improvements to buildings
necessary to meet the minimum standards for security in
accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference between
the funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used to
fund authorized increases in prospectus projects: Provided
further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against
the Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized increases
in prospectus projects;
(3) $5,493,768,000 for rental of space to remain available
until expended; and
(4) $2,221,766,000 for building operations to remain
available until expended, of which $1,146,089,000 is for
building services, and $1,075,677,000 is for salaries and
expenses: Provided, That not to exceed 5 percent of any
appropriation made
[[Page 570]]
available under this paragraph for building operations may be
transferred between and merged with such appropriations upon
notification to the Committees on Appropriations of the House of
Representatives and the Senate, but no such appropriation shall
be increased by more than 5 percent by any such transfers:
Provided further, That section 521 of this title shall not apply
with respect to funds made available under this heading for
building operations: Provided further, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended for
each project for required expenses for the development of a
proposed prospectus: Provided further, That funds available in
the Federal Buildings Fund may be expended for emergency repairs
when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under 40
U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on private
or other property not in Government ownership or control as may
be appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections: Provided
further, That revenues and collections and any other sums
accruing to this Fund during fiscal year 2018, excluding
reimbursements under 40 U.S.C. 592(b)(2), in excess of the
aggregate new obligational authority authorized for Real
Property Activities of the Federal Buildings Fund in this Act
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, travel, motor vehicles, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109; $53,499,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide policy
direction, management, and communications; and services as authorized by
5 U.S.C. 3109; $45,645,000, of which $24,357,000 is for Real and
Personal Property Management and Disposal; $21,288,000 is for the Office
of the Administrator, of which not to exceed $7,500 is for official
reception and representation expenses.
[[Page 571]]
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$8,795,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $65,000,000: Provided, That not to
exceed $50,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $4,754,000.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Products and Programs,
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
for necessary expenses in support of interagency projects that enable
the Federal Government to enhance its ability to conduct activities
electronically, through the development and implementation of innovative
uses of information technology; $50,000,000, to be deposited into the
Federal Citizen Services Fund: Provided, That the previous amount may
be transferred to Federal agencies to carry out the purpose of the
Federal Citizen Services Fund: Provided further, That the
appropriations, revenues, reimbursements, and collections deposited into
the Fund shall be available until expended for necessary expenses of
Federal Citizen Services and other activities that enable the Federal
Government to enhance its ability to conduct activities electronically
in the aggregate amount not to exceed $100,000,000: Provided further,
That appropriations, revenues, reimbursements, and collections accruing
to this Fund during fiscal year 2018 in excess of such amount shall
remain in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts: Provided further, That any
appropriations provided to the Electronic Government Fund that remain
unobligated may be transferred to the Federal Citizen Services Fund:
Provided further, That the transfer authorities provided herein shall be
in addition to any other transfer authority provided in this Act.
technology modernization fund
For the Technology Modernization Fund, $100,000,000, to remain
available until expended, for technology-related modernization
activities.
[[Page 572]]
Asset Proceeds and Space Management Fund
For carrying out the purposes of the Federal Assets Sale and
Transfer Act of 2016 (Public Law 114-287), $5,000,000, to be deposited
into the Asset Proceeds and Space Management Fund, to remain available
until expended.
environmental review improvement fund
For necessary expenses of the Environmental Review Improvement Fund
established pursuant to 42 U.S.C. 4370m-8(d), $1,000,000, to remain
available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2018 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, That any proposed transfers shall be
approved in advance by the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2019
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established and
approved by the General Services Administration, the Judicial Conference
of the United States, and the Office of Management and Budget; (2)
reflects the priorities of the Judicial Conference of the United States
as set out in its approved Courthouse Project Priorities plan; and (3)
includes a standardized courtroom utilization study of each facility to
be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading Federal
Buildings Fund, Limitations on Availability of Revenue, claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to
[[Page 573]]
the delineated area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the delineated area of
the procurement should not be identical to the delineated area included
in the prospectus, the Administrator shall provide an explanatory
statement to each of such committees and the Committees on
Appropriations of the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
Sec. 526. With respect to each project funded under the heading
``Major Repairs and Alterations'' or ``Judiciary Capital Security
Program'', and with respect to E-Government projects funded under the
heading ``Federal Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act.
Sec. 527. Section 16 of the Federal Assets Sale and Transfer Act of
2016 (Public Law 114-287) <> is amended--
(1) by inserting the following at the end of subparagraph
(a)(1): ``The Account shall be under the custody and control of
the Chairperson of the Board and deposits in the Account shall
remain available until expended.'';
(2) by striking subparagraph (b)(1) and inserting in lieu
thereof the following:
``(1) Establishment.--There is established in the Treasury
of the United States an account to be known as the `Public
Buildings Reform Board--Asset Proceeds and Space Management
Fund' (in this subsection referred to as the `Fund'). The Fund
shall be under the custody and control of the Administrator of
General Services and deposits in the Fund shall remain available
until expended.''.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust Fund,
established by section 10 of Public Law 93-642, $1,000,000, to remain
available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978, and the Whistleblower Protection Act
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $44,490,000, to remain available until
September 30, 2019, and in addition not to exceed $2,345,000, to remain
available until September 30, 2019, for administrative expenses to
adjudicate
[[Page 574]]
retirement appeals to be transferred from the Civil Service Retirement
and Disability Fund in amounts determined by the Merit Systems
Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,975,000, to remain available until expended, of
which, notwithstanding sections 8 and 9 of such Act: (1) up to $50,000
shall be used to conduct financial audits pursuant to the Accountability
of Tax Dollars Act of 2002 (Public Law 107-289); and (2) up to
$1,000,000 shall be available to carry out the activities authorized by
section 6(7) of Public Law 102-259 and section 817(a) of Public Law 106-
568 (20 U.S.C. 5604(7)): Provided, That of the total amount made
available under this heading $200,000 shall be transferred to the Office
of Inspector General of the Department of the Interior, to remain
available until expended, for audits and investigations of the Morris K.
Udall and Stewart L. Udall Foundation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,366,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the operations
and maintenance of the electronic records archives, the hire of
passenger motor vehicles, and for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning, $384,911,000, of which $7,500,000 shall remain available until
expended for the repair, alteration, and improvement of an additional
leased facility to provide adequate storage for holdings of the House of
Representatives and the Senate.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of 2008,
Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector General
Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor
vehicles, $4,801,000.
[[Page 575]]
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $7,500,000, to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $6,000,000, to
remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be
available until September 30, 2019, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $16,439,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of
1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of OPM and the Federal
Bureau of Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem and/or
subsistence allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of duty,
$129,341,000: Provided, That of the total amount made available under
this heading, not to exceed $21,000,000 shall
[[Page 576]]
remain available until September 30, 2019, for information technology
infrastructure modernization and Trust Fund Federal Financial System
migration or modernization, and shall be in addition to funds otherwise
made available for such purposes upon submitting to the Committees on
Appropriations of the Senate and House of Representatives the plan of
expenditure as required by the ``Consolidated Appropriations Act,
2017'': Provided further, That the amount made available by the
previous proviso may not be obligated until the Director of the Office
of Personnel Management submits to the Committees on Appropriations of
the Senate and the House of Representatives within 90 days of enactment
a plan for expenditure of such amount, prepared in consultation with the
Director of the Office of Management and Budget, the Administrator of
the United States Digital Service, and the Secretary of Homeland
Security, that--
(1) identifies the full scope and cost of the IT systems
remediation and stabilization project;
(2) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11, part 7;
(3) includes a Major IT Business Case under the requirements
established by the Office of Management and Budget Exhibit 300;
(4) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Government;
(5) complies with all Office of Management and Budget,
Department of Homeland Security and National Institute of
Standards and Technology requirements related to securing the
agency's information system as described in 44 U.S.C. 3554; and
(6) is reviewed and commented upon within 60 days of plan
development by the Inspector General of the Office of Personnel
Management, and such comments are submitted to the Director of
the Office of Personnel Management before the date of such
submission:
Provided further, That of the total amount made available under this
heading, $584,000 may be made available for strengthening the capacity
and capabilities of the acquisition workforce (as defined by the Office
of Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of such
workforce and information technology in support of acquisition workforce
effectiveness or for management solutions to improve acquisition
management; and in addition $131,414,000 for administrative expenses, to
be transferred from the appropriate trust funds of OPM without regard to
other statutes, including direct procurement of printed materials, for
the retirement and insurance programs: Provided further, That the
provisions of this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B),
8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United
States Code: Provided further, That no part of this appropriation shall
be available for salaries and expenses of the Legal Examining Unit of
OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or
any successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal
[[Page 577]]
year 2018, accept donations of money, property, and personal services:
Provided further, That such donations, including those from prior years,
may be used for the development of publicity materials to provide
information about the White House Fellows, except that no such donations
shall be accepted for travel or reimbursement of travel expenses, or for
the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,000,000, and in addition, not to exceed $25,000,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12) as amended by Public Law 107-
304, the Whistleblower Protection Enhancement Act of 2012 (Public Law
112-199), and the Uniformed Services Employment and Reemployment Rights
Act of 1994 (Public Law 103-353), including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses, rental of
conference rooms in the District of Columbia and elsewhere, and hire of
passenger motor vehicles; $26,535,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and Enhancement
Act (Public Law 109-435), $15,200,000, to be derived by transfer from
the Postal Service Fund and expended as authorized by section 603(a) of
such Act.
[[Page 578]]
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $8,000,000, to
remain available until September 30, 2019.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform Board in
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287), $5,000,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,652,000,000, to remain available until
expended; of which funding for information technology initiatives shall
be increased over the fiscal year 2017 level by not less than
$45,000,000; of which not less than $14,748,358 shall be for the Office
of Inspector General; of which not to exceed $75,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and foreign
invitees in attendance including: (1) incidental expenses such as meals;
(2) travel and transportation; and (3) related lodging or subsistence;
and of which not less than $68,950,000 shall be for the Division of
Economic and Risk Analysis.
In addition to the foregoing appropriation, for costs associated
with relocation under a replacement lease for the Commission's
headquarters facilities, not to exceed $244,507,052, to remain available
until expended: Provided, That for purposes of calculating the fee rate
under section 31(j) of the Securities Exchange Act of 1934 (15 U.S.C.
78ee(j)) for fiscal year 2018, all amounts appropriated under this
heading shall be deemed to be the regular appropriation to the
Commission for fiscal year 2018: Provided further, That fees and
charges authorized by section 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed $1,652,000,000 of
such offsetting collections shall be available until expended for
necessary expenses of this account and not to exceed $244,507,052 of
such offsetting collections shall be available until expended for costs
under this heading associated
[[Page 579]]
with relocation under a replacement lease for the Commission's
headquarters facilities: Provided further, That the total amount
appropriated under this heading from the general fund for fiscal year
2018 shall be reduced as such offsetting fees are received so as to
result in a final total fiscal year 2018 appropriation from the general
fund estimated at not more than $0: Provided further, That if any
amount of the appropriation for costs associated with relocation under a
replacement lease for the Commission's headquarters facilities is
subsequently de-obligated by the Commission, such amount that was
derived from the general fund shall be returned to the general fund, and
such amounts that were derived from fees or assessments collected for
such purpose shall be paid to each national securities exchange and
national securities association, respectively, in proportion to any fees
or assessments paid by such national securities exchange or national
securities association under section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) in fiscal year 2018.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $22,900,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $268,500,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided further,
That, notwithstanding 31 U.S.C. 3302, revenues received from all such
activities shall be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a) of
division K of Public Law 108-447, during fiscal year 2018: Provided
further, That $6,100,000
[[Page 580]]
shall be available for the Loan Modernization and Accounting System, to
be available until September 30, 2019: Provided further, That
$3,000,000 shall be for the Federal and State Technology Partnership
Program under section 34 of the Small Business Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $247,100,000, to remain available until
September 30, 2019: Provided, That $130,000,000 shall be available to
fund grants for performance in fiscal year 2018 or fiscal year 2019 as
authorized by section 21 of the Small Business Act: Provided further,
That $31,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $18,000,000 shall be available for
grants to States to carry out export programs that assist small business
concerns authorized under section 22(l) of the Small Business Act (15
U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$19,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out the
provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and
the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.),
$9,120,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,438,172, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2018
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $7,500,000,000: Provided
further, That during fiscal year 2018 commitments for general business
loans authorized under section 7(a) of the Small Business Act shall not
exceed $29,000,000,000 for a combination of amortizing term loans and
the aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2018 commitments for loans
authorized under subparagraph (C) of section 502(7) of The Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2018
commitments to guarantee loans for debentures under section 303(b) of
the Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year 2018,
guarantees of trust certificates authorized by section 5(g) of the
[[Page 581]]
Small Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $152,782,000, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
administrative provisions--small business administration
(including rescission and transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 531. Of the unobligated balances available for the Immediate
Disaster Assistance Program authorized by section 42 of the Small
Business Act (15 U.S. C. 657n) and the Expedited Disaster Assistance
Loan Program authorized by section 12085 of Public Law 110-246,
$2,600,000 are hereby permanently cancelled: Provided, That no amounts
may be cancelled from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 532. Section 7(m)(4)(E) of the Small Business Act (15 U.S.C.
636(m)(4)(E)) is amended by striking ``25 percent'' each place such term
appears and inserting ``50 percent''.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $58,118,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That none
of the funds provided in this Act shall be used to consolidate or close
small rural and other small post offices.
[[Page 582]]
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$245,000,000, to be derived by transfer from the Postal Service Fund and
expended as authorized by section 603(b)(3) of the Postal Accountability
and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $50,739,887, of which $500,000
shall remain available until expended: Provided, That travel expenses
of the judges shall be paid upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5 U.S.C.
3109, shall be limited to those contracts where such expenditures are a
matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity
[[Page 583]]
that has been convicted of violating chapter 83 of title 41, United
States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2018, or provided from any
accounts in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates a new
program; (2) eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for which funds
have been denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the Senate for
a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less; (6)
reduces existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization or
restructuring of offices, programs, or activities, each agency or entity
funded in this Act shall consult with the Committees on Appropriations
of the House of Representatives and the Senate: Provided further, That
not later than 60 days after the date of enactment of this Act, each
agency funded by this Act shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate to
establish the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further, That at a
minimum the report shall include: (1) a table for each appropriation
with a separate column to display the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a delineation in the
table for each appropriation both by object class and program, project,
and activity as detailed in the budget appendix for the respective
appropriation; and (3) an identification of items of special
congressional interest: Provided further, That the amount appropriated
or limited for salaries and expenses for an agency shall be reduced by
$100,000 per day for each day after the required date that the report
has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2018 from appropriations made available for salaries and
expenses for fiscal year 2018 in this Act, shall remain available
through September 30, 2019, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
[[Page 584]]
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or the
Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent for
such request not more than 6 months prior to the date of such
request and during the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program established
under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title 41,
United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an officer or employee to attend and participate in any meeting
or similar function relating to the official duties of the officer or
employee when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission, or
represents a person or entity subject to regulation by such agency or
commission, unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the Securities
and Exchange Commission by this or any other Act
[[Page 585]]
may be used for the interagency funding and sponsorship of a joint
advisory committee to advise on emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter 84
of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation on
the use of funds contained in this Act.
Sec. 620. In addition to amounts made available in prior fiscal
years, the Public Company Accounting Oversight Board (Board) shall have
authority to obligate funds for the scholarship program established by
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-204)
in an amount not to exceed $1,000,000 of funds collected by the Board
between January 1, 2017 and December 31, 2017, including accrued
interest, as a result of the assessment of monetary penalties. Funds
available for obligation in fiscal year 2018 shall remain available
until expended.
Sec. 621. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to
[[Page 586]]
Children: Preliminary Proposed Nutrition Principles to Guide Industry
Self-Regulatory Efforts'' unless the Interagency Working Group on Food
Marketed to Children complies with Executive Order No. 13563.
Sec. 622. None of the funds made available by this Act may be used
to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate
Change.
(3) Senior Advisor to the Secretary of the Treasury assigned
to the Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
Sec. 623. None of the funds in this Act may be used for the
Director of the Office of Personnel Management to award a contract,
enter an extension of, or exercise an option on a contract to a
contractor conducting the final quality review processes for background
investigation fieldwork services or background investigation support
services that, as of the date of the award of the contract, are being
conducted by that contractor.
Sec. 624. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 625. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 626. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is in
electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the United States.
Sec. 627. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change the
rules or regulations of the Commission for universal service high-cost
support for competitive eligible telecommunications carriers in a way
that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307
of title 47, Code of Federal Regulations, as in effect on July 15, 2015:
Provided, That this section shall not prohibit the Commission from
considering, developing, or adopting other support mechanisms as an
alternative to Mobility Fund Phase II.
Sec. 628. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the
[[Page 587]]
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978, or to prevent
or impede that Inspector General's access to such records, documents, or
other materials, under any provision of law, except a provision of law
that expressly refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency covered by
this section shall provide its Inspector General with access to all such
records, documents, and other materials in a timely manner. Each
Inspector General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any failures to
comply with this requirement.
Sec. 629. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution,
adjudication activities, or other law enforcement- or victim assistance-
related activity.
Sec. 630. Section 633(a) of title VI of division E of the
Consolidated Appropriations Act, 2017 (Public Law 115-31) <> is amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
Sec. 631. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Sec. 632. (a) The United States courthouse located at 501 East Court
Street in Jackson, Mississippi, shall be known and designated as the
``Thad Cochran United States Courthouse''.
(b) Any reference in a law, map, regulation, document, paper, or
other record of the United States to the United States courthouse
referred to in subsection (a) shall be deemed to be a reference to the
``Thad Cochran United States Courthouse''.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2018 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as
[[Page 588]]
defined in the Controlled Substances Act (21 U.S.C. 802)) by the
officers and employees of such department, agency, or instrumentality.
Sec. 702. Unless <> otherwise
specifically provided, the maximum amount allowable during the current
fiscal year in accordance with subsection 1343(c) of title 31, United
States Code, for the purchase of any passenger motor vehicle (exclusive
of buses, ambulances, law enforcement vehicles, protective vehicles, and
undercover surveillance vehicles), is hereby fixed at $19,947 except
station wagons for which the maximum shall be $19,997: Provided, That
these limits may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in this section
may not be exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976: Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the cost of
comparable conventionally fueled vehicles: Provided further, That the
limits set forth in this section shall not apply to any vehicle that is
a commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless <> otherwise specified in
law during the current fiscal year, no part of any appropriation
contained in this or any other Act shall be used to pay the compensation
of any officer or employee of the Government of the United States
(including any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the
continental United States unless such person: (1) is a citizen of the
United States; (2) is a person who is lawfully admitted for permanent
residence and is seeking citizenship as outlined in 8 U.S.C.
1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8
U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a
declaration of intention to become a lawful permanent resident and then
a citizen when eligible; or (4) is a person who owes allegiance to the
United States: Provided, That for purposes of this section, affidavits
signed by any such person shall be considered prima facie evidence that
the requirements of this section with respect to his or her status are
being complied with: Provided further, That for purposes of subsections
(2) and (3) such affidavits shall be submitted prior to employment and
updated thereafter as necessary: Provided further, That any person
making a false affidavit shall be guilty of a felony, and upon
conviction, shall be fined no more than $4,000 or imprisoned for not
more than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government: Provided further,
That this section shall not apply to any person who is an officer or
employee of the Government of the United
[[Page 589]]
States on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary employment in the
field service (not to exceed 60 days) as a result of emergencies:
Provided further, That <> this section does not
apply to the employment as Wildland firefighters for not more than 120
days of nonresident aliens employed by the Department of the Interior or
the USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13693
(March 19, 2015), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
[[Page 590]]
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily by
the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as provided
by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of
[[Page 591]]
employment of, any other officer or employee of the Federal
Government, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other Act
may be used to provide any non-public information such as mailing,
telephone or electronic mailing lists to any person or any organization
outside of the Federal Government without the approval of the Committees
on Appropriations of the House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title, the United States Postal Service, and the
Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency
[[Page 592]]
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, including improving coordination and reducing
duplication, as approved by the Director of the Office of Management and
Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and not
to exceed $17,000,000 for Government-Wide innovations, initiatives, and
activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-wide
Policy'' during fiscal year 2018 shall remain available for obligation
through September 30, 2019: Provided further, That such transfers or
reimbursements may only be made after 15 days following notification of
the Committees on Appropriations of the House of Representatives and the
Senate by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on Federal
property, if the woman and her child are otherwise authorized to be
present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the
[[Page 593]]
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science and Technology, and the Senate Committee on
Commerce, Science, and Transportation 90 days after enactment of this
Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall comply with any
relevant requirements in part 200 of title 2, Code of Federal
Regulations: Provided, That this section shall apply to direct
payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 726. (a) None of the funds appropriated by this Act may be used
to enter into or renew a contract which includes a provision providing
prescription drug coverage, except where the contract also includes a
provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
[[Page 594]]
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of
such an entity.
(b) Waivers.--
[[Page 595]]
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that the
waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2018, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment
as an incentive to separate, the separating agency shall remit
to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost
of processing a retirement claim for the preceding fiscal year.
Such amounts shall be available until expended to the Office of
Personnel Management and shall be deemed to be an administrative
expense under section 8348(a)(1)(B) of title 5, United States
Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as a
condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a
candidate for election for Federal office or to a political
committee, or that is otherwise made with respect to any
election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office'' has
the meaning given such term in the Federal Election Campaign Act of 1971
(52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any other Act
may be used to pay for the painting of a portrait of an officer or
employee of the Federal government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) <> Notwithstanding any
other provision of law, and except as otherwise provided in this
section, no part of any of the funds appropriated for fiscal year 2018,
by this or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5, United States
Code--
[[Page 596]]
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2018, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2018, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in
fiscal year 2018 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2018 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is in
effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2017, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this subsection may not be changed from the
rates in effect on September 30, 2017, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2017.
(6) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this subsection shall be treated as the
rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a rate
in excess of the rate that would be payable were this subsection not in
effect.
(8) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this subsection if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of basic
pay for the statutory pay systems that take place in
[[Page 597]]
fiscal year 2018 under sections 5344 and 5348 of title 5, United States
Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted pursuant
to the statutory pay systems under sections 5303 and 5304 of
title 5, United States Code: Provided, That prevailing rate
employees at locations where there are no employees whose pay is
increased pursuant to sections 5303 and 5304 of title 5, United
States Code, and prevailing rate employees described in section
5343(a)(5) of title 5, United States Code, shall be considered
to be located in the pay locality designated as ``Rest of United
States'' pursuant to section 5304 of title 5, United States
Code, for purposes of this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2017.
Sec. 738. (a) <> The Vice President may not
receive a pay raise in calendar year 2018, notwithstanding the rate
adjustment made under section 104 of title 3, United States Code, or any
other provision of law.
(b) An employee serving in an Executive Schedule position, or in a
position for which the rate of pay is fixed by statute at an Executive
Schedule rate, may not receive a pay rate increase in calendar year
2018, notwithstanding schedule adjustments made under section 5318 of
title 5, United States Code, or any other provision of law, except as
provided in subsection (g), (h), or (i). This subsection applies only to
employees who are holding a position under a political appointment.
(c) A chief of mission or ambassador at large may not receive a pay
rate increase in calendar year 2018, notwithstanding section 401 of the
Foreign Service Act of 1980 (Public Law 96-465) or any other provision
of law, except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5, United States
Code, a pay rate increase may not be received in calendar year 2018
(except as provided in subsection (g), (h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the Executive
Schedule; or
(2) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above level IV of
the Executive Schedule.
(e) Any employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States Code, or
similar authority) at or above level IV of the Executive Schedule who
serves under a political appointment may not receive a pay rate increase
in calendar year 2018, notwithstanding any other provision of law,
except as provided in subsection (g), (h), or (i). This subsection does
not apply to employees in the General Schedule pay system or the Foreign
Service pay system, or to employees appointed under section 3161 of
title 5, United States Code, or to employees in another pay system whose
position would be classified at GS-15 or below if chapter 51 of title 5,
United States Code, applied to them.
[[Page 598]]
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) A career appointee in the Senior Executive Service who receives
a Presidential appointment and who makes an election to retain Senior
Executive Service basic pay entitlements under section 3392 of title 5,
United States Code, is not subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive branch and who
makes an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980 (Public Law 96-
465) is not subject to this section.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position with higher-level duties and a
pre-established higher level or range of pay, except that any such
increase must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable pay limitations in effect on December 31,
2013.
(k) If an employee affected by subsections (b) through (e) is
subject to a biweekly pay period that begins in calendar year 2018 but
ends in calendar year 2019, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
Sec. 739. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2018 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating
potential contractors for the conference.
[[Page 599]]
(c) Within 15 days after the end of a quarter, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending a conference held by any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act during fiscal year 2018 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities that
are not in compliance with Office of Management and Budget Memorandum M-
12-12 dated May 11, 2012 or any subsequent revisions to that memorandum.
Sec. 740. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce funding
for a program, project, or activity as proposed in the President's
budget request for a fiscal year until such proposed change is
subsequently enacted in an appropriation Act, or unless such change is
made pursuant to the reprogramming or transfer provisions of this or any
other appropriations Act.
Sec. 741. None of the funds made available by this or any other Act
may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
et seq.).
Sec. 742. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 743. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 744. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does
[[Page 600]]
not contain the following provisions: ``These provisions are consistent
with and do not supersede, conflict with, or otherwise alter the
employee obligations, rights, or liabilities created by existing statute
or Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector General of
a violation of any law, rule, or regulation, or mismanagement, a gross
waste of funds, an abuse of authority, or a substantial and specific
danger to public health or safety, or (4) any other whistleblower
protection. The definitions, requirements, obligations, rights,
sanctions, and liabilities created by controlling Executive orders and
statutory provisions are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding provision
of this section, a nondisclosure policy form or agreement that is to be
executed by a person connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or officer of the
United States Government, may contain provisions appropriate to the
particular activity for which such document is to be used. Such form or
agreement shall, at a minimum, require that the person will not disclose
any classified information received in the course of such activity
unless specifically authorized to do so by the United States Government.
Such nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 745. None of the funds made available by this or any other Act
may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding agency
is aware of the unpaid tax liability, unless a Federal agency has
considered suspension or debarment of the corporation and has made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 746. None of the funds made available by this or any other Act
may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted of a felony criminal
violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless a Federal agency
has considered suspension or debarment of the corporation and has made a
determination that this further action is not necessary to protect the
interests of the Government.
[[Page 601]]
Sec. 747. (a) During fiscal year 2018, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection shall
notify the Committees on Appropriations of the House of Representatives
and the Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and Urban
Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 748. If, for fiscal year 2018, new budget authority provided
in appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences with
the Congressional Budget Office, an adjustment to the discretionary
spending limit in such category for fiscal year 2018 shall be made by
the Director of the Office of Management and Budget in the amount of the
excess but the total of all such adjustments shall not exceed 0.2
percent of the sum of the adjusted discretionary spending limits for all
categories for that fiscal year.
Sec. 749. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2018, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
[[Page 602]]
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve and
execute reprogramming and transfer requests of local funds under this
title through November 7, 2018.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of the
funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24 hours
a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or employee
of the Homeland Security and Emergency Management Agency who
resides in the District of Columbia and is on call 24 hours a
day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may be
used by the District of Columbia Attorney General or any other officer
or entity of the District government to provide assistance for any
petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding such
lawsuits.
[[Page 603]]
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act may be
used to enact or carry out any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled Substances
Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the District
of Columbia government under any authority may be used to enact any law,
rule, or regulation to legalize or otherwise reduce penalties associated
with the possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure by the
District of Columbia government under any authority shall be expended
for any abortion except where the life of the mother would be endangered
if the fetus were carried to term or where the pregnancy is the result
of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42),
for all agencies of the District of Columbia government for fiscal year
2018 that is in the total amount of the approved appropriation and that
realigns all budgeted data for personal services and other-than-personal
services, respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise
[[Page 604]]
and capital funds and such amounts, once transferred, shall retain
appropriation authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating funds
to capital funds, and such amounts, once transferred or reprogrammed,
shall retain appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so provided
herein.
Sec. 815. Except as otherwise specifically provided by law or under
this Act, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2018 from appropriations of Federal
funds made available for salaries and expenses for fiscal year 2018 in
this Act, shall remain available through September 30, 2019, for each
such account for the purposes authorized: Provided, That a request
shall be submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section 803 of this
Act.
Sec. 816. (a)(1) During fiscal year 2019, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Act referred to in paragraph (2)
(subject to any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is in effect)
at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2019 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion of
the annual budget for the District of Columbia government for fiscal
year 2019 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2019 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2019.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by this
Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity during
the portion of fiscal year 2019 for which this section applies to such
project or activity.
[[Page 605]]
(e) This section shall not apply to a project or activity during any
period of fiscal year 2019 if any other provision of law (other than an
authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such
period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall be
granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other law.
Sec. 817. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2018''.
DIVISION F--DEPARTMENT <> OF HOMELAND SECURITY APPROPRIATIONS ACT,
2018
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $139,602,000:
Provided, That not to exceed $30,000 shall be for official reception and
representation expenses: Provided further, That of the funds provided
under this heading, $2,000,000 shall be withheld from obligation until
the Secretary complies with section 107 of this Act.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, $710,297,000, of which $227,516,000 shall remain available
until September 30, 2019: Provided, That not to exceed $2,000 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $29,569,000, to remain
available until September 30, 2019.
[[Page 606]]
research and development
For necessary expenses of the Management Directorate for research
and development, $2,545,000, to remain available until September 30,
2019.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$245,905,000, of which $77,915,000 shall remain available until
September 30, 2019: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $168,000,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. Hereafter, <> the Secretary of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, at the time the President's
budget proposal is submitted pursuant to section 1105(a) of title 31,
United States Code, the Future Years Homeland Security Program, as
authorized by section 874 of the Homeland Security Act of 2002 (6 U.S.C.
454).
Sec. 102. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives a monthly budget and staffing report that includes
total obligations of the Department for that month and for the fiscal
year at the appropriation and program, project, and activity levels, by
the source year of the appropriation.
Sec. 103. (a) Notwithstanding section 518 of division F of the
Consolidated Appropriations Act, 2016 (Public Law 114-113), the
Secretary of Homeland Security shall submit a report not later than
October 15, 2018, to the Inspector General of the Department of Homeland
Security listing all grants and contracts awarded by any means other
than full and open competition during fiscal years 2017 and 2018.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2019.
[[Page 607]]
Sec. 104. The Secretary of Homeland Security shall require that all
contracts of the Department of Homeland Security that provide award fees
link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 105. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9703(g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives are
notified of the proposed transfers.
Sec. 106. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 107. (a) Not later than 30 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committees on the Judiciary of the Senate and the
House of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on Homeland
Security of the House of Representatives, a report for fiscal year 2017
on visa overstay data by country as required by section 1376 of title 8,
United States Code: Provided, That the report on visa overstay data
shall also include--
(1) overstays from all nonimmigrant visa categories under
the immigration laws, delineated by each of the classes and sub-
classes of such categories; and
(2) numbers as well as rates of overstays for each class and
sub-class of such nonimmigrant categories on a per-country
basis.
(b) The Secretary of Homeland Security shall publish on the
Department's website the metrics developed to measure the effectiveness
of security between the ports of entry, including the methodology and
data supporting the resulting measures.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
minor aliens; the provision of air and marine support to Federal, State,
and local agencies in the enforcement or administration of laws enforced
by the Department of Homeland Security; at the discretion of the
Secretary of Homeland Security, the provision of such support to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; the purchase and lease of up to 7,500
(6,500 for replacement only) police-type
[[Page 608]]
vehicles; the purchase, maintenance, or operation of marine vessels,
aircraft, and unmanned aerial systems; and contracting with individuals
for personal services abroad; $11,485,164,000; of which $3,274,000 shall
be derived from the Harbor Maintenance Trust Fund for administrative
expenses related to the collection of the Harbor Maintenance Fee
pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
$681,441,500 shall be available until September 30, 2019; and of which
such sums as become available in the Customs User Fee Account, except
sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from
that account: Provided, That not to exceed $34,425 shall be for
official reception and representation expenses: Provided further, That
not to exceed $15,000,000 may be transferred to the Bureau of Indian
Affairs for the maintenance and repair of roads on Native American
reservations, as required by the Border Patrol: Provided further, That
not to exceed $150,000 shall be available for payment for rental space
in connection with preclearance operations: Provided further, That not
to exceed $1,000,000 shall be for awards of compensation to informants,
to be accounted for solely under the certificate of the Secretary of
Homeland Security.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurements to
buy marine vessels, aircraft, and unmanned aerial systems,
$2,281,357,000, of which $846,343,000 shall remain available until
September 30, 2020, and of which $1,435,014,000 shall remain available
until September 30, 2022.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas vetted
units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $6,993,975,000; of which
$6,000,000 shall remain available until expended for efforts to enforce
laws against forced child labor; of which $33,700,000 shall remain
available until September 30, 2019; of which not less than $15,000,000
shall be available for investigation of intellectual property rights
violations, including operation of the National Intellectual Property
Rights Coordination Center; of which not less than $9,000,000 shall be
available for facilities repair and maintenance projects; of which not
less than $84,000,000 shall be available for vehicle fleet
recapitalization; and of which not less than $4,110,337,000 shall be for
enforcement, detention, and removal operations, including transportation
of unaccompanied minor aliens: Provided, That not to exceed $11,475
shall be for official reception and representation expenses: Provided
further, That not to exceed $10,000,000 shall be available until
expended for conducting special operations under section 3131 of the
Customs Enforcement Act of 1986 (19 U.S.C. 2081): Provided
[[Page 609]]
further, That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security: Provided further,
That not to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully present in
the United States: Provided further, That of the amounts made available
under this heading, $5,000,000 shall be withheld from obligation until
the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives the report
required under section 212 of this Act.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $81,899,000, to remain
available until September 30, 2020; of which not less than $29,000,000
shall be available for facilities repair and maintenance projects.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security Administration
for operations and support, $7,207,851,000, to remain available until
September 30, 2019: Provided, That not to exceed $7,650 shall be for
official reception and representation expenses: Provided further, That
security service fees authorized under section 44940 of title 49, United
States Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation security: Provided
further, That the sum appropriated under this heading from the general
fund shall be reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2018 so as to result in a
final fiscal year appropriation from the general fund estimated at not
more than $4,737,851,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security Administration
for procurement, construction, and improvements, $167,314,000, to remain
available until September 30, 2020.
research and development
For necessary expenses of the Transportation Security Administration
for research and development, $20,190,000, to remain available until
September 30, 2019.
Coast Guard
operating expenses
For necessary expenses for the operations and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement only;
purchase or lease of small boats for contingent
[[Page 610]]
and emergent requirements (at a unit cost of not more than $700,000) and
repairs and service-life replacements, not to exceed a total of
$31,000,000; purchase or lease of boats necessary for overseas
deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $7,373,313,000; of which $503,000,000 shall be for defense-
related activities, of which $163,000,000 is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and shall be available only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress; and of which $24,500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)): Provided, That not to exceed $23,000 shall be for official
reception and representation expenses: Provided further, That
$25,000,000 shall be withheld from obligation for Coast Guard
Headquarters Directorates until a future-years capital investment plan
for fiscal years 2019 through 2023 is submitted to the Committees on
Appropriations of the Senate and the House of Representatives pursuant
to section 220 of this Act.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance and
restoration functions of the Coast Guard under chapter 19 of title 14,
United States Code, $13,397,000, to remain available until September 30,
2022.
reserve training
For necessary expenses of the Coast Guard Reserve; operations and
maintenance of the Coast Guard Reserve Program; personnel and training
costs; and equipment and services; $114,875,000.
acquisition, construction, and improvements
For necessary expenses of the Coast Guard for acquisition,
construction, renovation, and improvement of aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), vessels, and aircraft, including equipment
related thereto, $2,694,745,000; of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); and of which $2,573,000,000 shall be available until
September 30, 2022, of which $95,000,000 shall be immediately available
and allotted to contract for long lead time materials for the eleventh
National Security Cutter notwithstanding the availability of funds for
production or post-production costs.
research, development, test, and evaluation
For necessary expenses of the Coast Guard for research, development,
test, and evaluation; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; $29,141,000, to remain available
until September 30, 2020, of which $500,000
[[Page 611]]
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State and
local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under the
Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,676,117,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652 vehicles
for police-type use for replacement only; hire of passenger motor
vehicles; purchase of motorcycles made in the United States; hire of
aircraft; rental of buildings in the District of Columbia; fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in firearms
matches; presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in advance
for commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$1,915,794,000; of which $39,692,000 shall remain available until
September 30, 2019, of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which $9,866,000 shall be for premium pay in excess of the annual
equivalent of the limitation on the rate of pay contained in section
5547(a) of title 5, United States Code, pursuant to section 2 of the
Overtime Pay for Protective Services Act of 2016 (5 U.S.C. 5547 note),
as amended by the Secret Service Recruitment and Retention Act of 2018:
Provided, That not to exceed $19,125 shall be for official reception and
representation expenses: Provided further, That not to exceed $100,000
shall be to provide technical assistance and equipment to foreign law
enforcement organizations in counterfeit investigations.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $90,480,000, to remain
available until September 30, 2020.
[[Page 612]]
research and development
For necessary expenses of the United States Secret Service for
research and development, $250,000, to remain available until September
30, 2019.
Administrative Provisions
Sec. 201. (a) For fiscal year 2018, the overtime limitation
prescribed in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $45,000; and notwithstanding any other provision of
law, none of the funds appropriated by this Act shall be available to
compensate any employee of U.S. Customs and Border Protection for
overtime, from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the Secretary of
Homeland Security, or the designee of the Secretary, to be necessary for
national security purposes, to prevent excessive costs, or in cases of
immigration emergencies.
(b) None of the funds made available by this Act for the following
accounts shall be available to compensate any employee for overtime in
an annual amount in excess of $45,000:
(1) ``U.S. Immigration and Customs Enforcement--Operations
and Support'', except that the Secretary of Homeland Security,
or the designee of the Secretary, may waive such amount as
necessary for national security purposes and in cases of
immigration emergencies.
(2) ``United States Secret Service--Operations and
Support'', except that the Secretary of Homeland Security, or
the designee of the Secretary, may waive such amount as
necessary for national security purposes.
Sec. 202. Funding made available under the heading ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico in addition to
funding provided by 48 U.S.C. 740.
Sec. 203. Hereafter, <> no U.S. Customs and
Border Protection aircraft or other related equipment, with the
exception of aircraft that are one of a kind and have been identified as
excess to U.S. Customs and Border Protection requirements and aircraft
that have been damaged beyond repair, shall be transferred to any other
Federal agency, department, or office outside of the Department of
Homeland Security without prior notice to the Committees on
Appropriations of the Senate and the House of Representatives.
Sec. 204. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 205. For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $31,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation in fiscal year 2018 from amounts authorized to be
collected by section 286(i) of the Immigration and Nationality Act (8
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation
and Trade Enforcement Act
[[Page 613]]
of 2015 (Public Law 114-25), or other such authorizing language:
Provided, That to the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000 shall be
credited to this appropriation, to remain available until expended.
Sec. 206. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the Federal
Food, Drug, and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-use quantity
of the prescription drug, not to exceed a 90-day supply: Provided
further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 207. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives from
the United States flag maritime industry, takes adequate measures to
ensure the use of United States flag vessels: Provided, That the
Secretary shall notify the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives within 2 business
days of any request for waivers of navigation and vessel-inspection laws
pursuant to section 501(b) of title 46, United States Code, with respect
to such transportation, and the disposition of such requests.
Sec. 208. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 209. Without regard to the limitation as to time and condition
of section 503(d) of this Act, the Secretary may reprogram within and
transfer funds to ``U.S. Immigration and Customs Enforcement--Operations
and Support'' as necessary to ensure the detention of aliens prioritized
for removal.
Sec. 210. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority
[[Page 614]]
authorized under section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)) if the Department of Homeland Security Inspector
General determines that the terms of the agreement governing the
delegation of authority have been materially violated.
Sec. 211. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services if
the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
Sec. 212. The Secretary of Homeland Security shall submit a report
to the Committees on Appropriations of the Senate and the House of
Representatives that (a) identifies any instance during fiscal year 2017
or 2018 in which payments have been made by U.S. Immigration and Customs
Enforcement, or employees of U.S. Immigration and Customs Enforcement
have erroneously entered into financial obligations, for activities in
violation of subpart D of part 550 of title 5, Code of Federal
Regulations; (b) includes specific actions the Office of the Chief
Financial Officer and the Office of the Principal Legal Advisor will
take to improve agency-wide understanding of such subpart D; and (c)
includes a certification by the Director of U.S. Immigration and Customs
Enforcement that the Office of the Chief Financial Officer and the
Office of the Principal Legal Advisor have developed a plan and
implemented training necessary for strengthening internal controls
necessary to avoid violations of such subpart D.
Sec. 213. (a) Notwithstanding any other provision of law, for
employees of U.S. Immigration and Customs Enforcement and their
dependents eligible for Payments During Evacuation in accordance with
title 5, Code of Federal Regulations, part 550, from August 23, 2017,
through December 1, 2017, as a result of Hurricanes Harvey, Irma, and
Maria, the requirement of section 550.405(b)(2) of such title to reduce
subsistence expenses to 60 percent of the applicable rate shall not
apply.
(b) The Secretary of Homeland Security may authorize reimbursement
for lodging, meals, and incidental expenses for such employees and their
dependents using the actual expense method set forth in subpart D of
part 301-11 of title 41, Code of Federal Regulations, subject to the cap
of 300 percent of the applicable maximum per diem rate, as provided in
such section.
Sec. 214. Members of the United States House of Representatives and
the United States Senate, including the leadership; the heads of Federal
agencies and commissions, including the Secretary, Deputy Secretary,
Under Secretaries, and Assistant Secretaries of the Department of
Homeland Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States Attorneys;
and senior members of the Executive Office of the President, including
the Director of the Office of Management and Budget, shall not be exempt
from Federal passenger and baggage screening.
Sec. 215. Any award by the Transportation Security Administration
to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
[[Page 615]]
Sec. 216. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2018, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives detection
systems or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of such title.
Sec. 217. None of the funds made available by this or any other Act
may be used by the Administrator of the Transportation Security
Administration to implement, administer, or enforce, in abrogation of
the responsibility described in section 44903(n)(1) of title 49, United
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any
airport at which the Transportation Security Administration provided
such monitoring as of December 1, 2013.
Sec. 218. None of the funds made available by this Act under the
heading ``Coast Guard--Operating Expenses'' shall be for expenses
incurred for recreational vessels under section 12114 of title 46,
United States Code, except to the extent fees are collected from owners
of yachts and credited to the appropriation made available by this Act
under the heading ``Coast Guard--Operating Expenses'': Provided, That
to the extent such fees are insufficient to pay expenses of recreational
vessel documentation under such section 12114, and there is a backlog of
recreational vessel applications, personnel performing non-recreational
vessel documentation functions under subchapter II of chapter 121 of
title 46, United States Code, may perform documentation under section
12114.
Sec. 219. Without regard to the limitation as to time and condition
of section 503(d) of this Act, after June 30, up to $10,000,000 may be
reprogrammed to or from the Military Pay and Allowances funding category
within ``Coast Guard--Operating Expenses'' in accordance with subsection
(a) of section 503 of this Act.
Sec. 220. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and Improvements''
in the Department of Homeland Security Appropriations Act, 2015 (Public
Law 114-4), which shall be subject to the requirements in the third and
fourth provisos under such heading.
Sec. 221. None of the funds in this Act shall be used to reduce the
Coast Guard's Operations Systems Center mission or its government-
employed or contract staff levels.
Sec. 222. None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office of
Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 223. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may be
used to reduce operations within any civil
[[Page 616]]
engineering unit unless specifically authorized by a statute enacted
after the date of enactment of this Act.
Sec. 224. Funds made available for Overseas Contingency Operations/
Global War on Terrorism under the heading ``Coast Guard--Operating
Expenses'' may be allocated by program, project, and activity,
notwithstanding section 503 of this Act.
Sec. 225. Section 423 of title 14, United States Code, is amended
by inserting after subsection (c) the following:
``(d) In addition to amounts computed pursuant to subsections (a)
through (c) of this section, a full TSP member (as defined in section
8440e(a) of title 5) of the Coast Guard is entitled to continuation pay
pursuant to section 356 of title 37.''.
Sec. 226. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from Federal agencies
and entities, as defined in section 105 of title 5, United States Code,
for personnel receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of the fiscal
year shall not exceed total budgetary resources available under the
heading ``United States Secret Service--Operations and Support'' at the
end of the fiscal year.
Sec. 227. None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided, That the Director of
the United States Secret Service may enter into agreements to provide
such protection on a fully reimbursable basis.
Sec. 228. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 229. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House of
Representatives 10 or more days in advance, or as early as practicable,
prior to such expenditures.
Sec. 230. (a) Of the amount made available in this Act under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $1,571,000,000 shall be available only as follows:
(1) $251,000,000 for approximately 14 miles of secondary
fencing, all of which provides for cross-barrier visual
situational awareness, along the southwest border in the San
Diego Sector;
(2) $445,000,000 for 25 miles of primary pedestrian levee
fencing along the southwest border in the Rio Grande Valley
Sector;
(3) $196,000,000 for primary pedestrian fencing along the
southwest border in the Rio Grande Valley Sector;
(4) $445,000,000 for replacement of existing primary
pedestrian fencing along the southwest border;
(5) $38,000,000 for border barrier planning and design; and
(6) $196,000,000 for acquisition and deployment of border
security technology.
[[Page 617]]
(b) The amounts designated in subsection (a)(2) through (a)(4) shall
only be available for operationally effective designs deployed as of the
date of the Consolidated Appropriations Act, 2017, (Public Law 115-31),
such as currently deployed steel bollard designs, that prioritize agent
safety.
(c) None of the funds provided in this or any other Act shall be
obligated for construction of a border barrier in the Santa Ana National
Wildlife Refuge.
Sec. 231. (a) Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a risk-
based plan for improving security along the borders of the United
States, including the use of personnel, fencing, other forms of tactical
infrastructure, and technology, to include--
(1) A statement of goals, objectives, activities, and
milestones for the plan.
(2) A detailed implementation schedule for the plan with
estimates for the planned obligation of funds for fiscal years
2019 through 2027 that are linked to the milestone-based
delivery of specific--
(A) capabilities and services;
(B) mission benefits and outcomes;
(C) program management capabilities; and
(D) lifecycle cost estimates.
(3) A description of the manner in which specific projects
under the plan will enhance border security goals and objectives
and address the highest priority border security needs.
(4) An identification of the planned locations, quantities,
and types of resources, such as fencing, other physical
barriers, or other tactical infrastructure and technology, under
the plan.
(5) A description of the methodology and analyses used to
select specific resources for deployment to particular locations
under the plan that includes--
(A) analyses of alternatives, including comparative
costs and benefits;
(B) an assessment of effects on communities and
property owners near areas of infrastructure deployment;
and
(C) a description of other factors critical to the
decision-making process.
(6) An identification of staffing requirements under the
plan, including full-time equivalents, contractors, and detailed
personnel, by activity.
(7) A description of performance metrics for the plan for
assessing and reporting on the contributions of border security
capabilities realized from current and future investments.
(8) A description of the status of the actions of the
Department of Homeland Security to address open recommendations
by the Office of Inspector General and the Government
Accountability Office relating to border security, including
plans, schedules, and associated milestones for fully addressing
such recommendations.
(9) A plan to consult State and local elected officials on
the eminent domain and construction process relating to physical
barriers;
(10) An analysis, following consultation with the Secretary
of the Interior and the Administrator of the Environmental
Protection Agency, of the environmental impacts, including on
[[Page 618]]
wildlife, of the construction and placement of physical barriers
planned along the Southwest border, including in the Santa Ana
National Wildlife Refuge; and
(11) Certifications by the Under Secretary of Homeland
Security for Management, that--
(A) the plan has been reviewed and approved in
accordance with an acquisition review management process
that complies with capital planning and investment
control and review requirements established by the
Office of Management and Budget, including as provided
in Circular A-11, part 7; and
(B) all activities under the plan comply with
Federal acquisition rules, requirements, guidelines, and
practices.
(b) The Secretary shall concurrently submit the plan required in
subsection (a) to the Comptroller General of the United States, who
shall evaluate the plan and report to the Committees on Appropriations
of the Senate and the House of Representatives on the strengths and
weaknesses of such plan not later than 120 days after receiving such
plan.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
operations and support
For necessary expenses of the National Protection and Programs
Directorate for operations and support, $1,482,165,000, of which
$8,912,000 shall remain available until September 30, 2019: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses related
to the protection of federally owned and leased buildings and for the
operations of the Federal Protective Service.
procurement, construction, and improvements
For necessary expenses of the National Protection and Programs
Directorate for procurement, construction, and improvements,
$414,111,000, to remain available until September 30, 2019.
research and development
For necessary expenses of the National Protection and Programs
Directorate for research and development, $15,126,000, to remain
available until September 30, 2019.
[[Page 619]]
Office of Health Affairs
operations and support
For necessary expenses of the Office of Health Affairs for
operations and support, $121,569,000, of which $14,020,000 shall remain
available until September 30, 2019.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,030,135,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $85,276,000, to remain
available until September 30, 2019.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,293,932,000, which shall be allocated as
follows:
(1) $507,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $85,000,000 shall be for Operation
Stonegarden, and $10,000,000 shall be for organizations (as
described under section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under such 501(a) of such code)
determined by the Secretary of Homeland Security to be at high
risk of a terrorist attack: Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2018,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $630,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $50,000,000 shall be for organizations (as
described under section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such code)
determined by the Secretary of Homeland Security to be at high
risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $2,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
[[Page 620]]
(4) $100,000,000 for Port Security Grants in accordance with
section 70107 of title 46, United States Code.
(5) $700,000,000, to remain available until September 30,
2019, of which $350,000,000 shall be for Assistance to
Firefighter Grants and $350,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $350,000,000 for emergency management performance grants
under the National Flood Insurance Act of 1968 (42 U.S.C. 4001),
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121), the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7701), section 762 of title 6, United States
Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
(7) $249,200,000 for the National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5133), to remain
available until expended.
(8) $262,531,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance Fund,
and such additional sums as may be provided by States or other
political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act of 1968
(42 U.S.C. 4101(f)(2)), to remain available until expended.
(9) $120,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(10) $275,201,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$7,900,720,000, to remain available until expended, of which
$7,366,000,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and is designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$203,500,000, to remain available until September 30, 2019, which shall
be derived from offsetting amounts collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
$13,573,000 shall be available for mission support associated with flood
management;
[[Page 621]]
and of which $189,927,000 shall be available for flood plain management
and flood mapping: Provided, That any additional fees collected
pursuant to section 1308(d) of the National Flood Insurance Act of 1968
(42 U.S.C. 4015(d)) shall be credited as offsetting collections to this
account, to be available for flood plain management and flood mapping:
Provided further, That in fiscal year 2018, no funds shall be available
from the National Flood Insurance Fund under section 1310 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017) in excess of--
(1) $165,224,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 shall be deposited
in the National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood Insurance
Act of 1968, notwithstanding section 102(f)(8), section 1366(e), and
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C.
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
Sec. 301. Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (4) under ``Federal Emergency Management Agency--
Federal Assistance'', may be used by the grantee for expenses directly
related to administration of the grant.
Sec. 302. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 303. Under the heading ``Federal Emergency Management Agency--
Federal Assistance'', for grants under paragraphs (1) through (4), the
Administrator of the Federal Emergency Management Agency shall brief the
Committees on Appropriations of the Senate and the House of
Representatives 5 full business days in advance of announcing publicly
the intention of making an award.
Sec. 304. Under the heading ``Federal Emergency Management Agency--
Federal Assistance'', for grants under paragraphs (1) and
[[Page 622]]
(2), the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 305. Notwithstanding any other provision of law, grants
awarded to States along the Southwest Border of the United States under
sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604
and 605) using funds provided under the heading ``Federal Emergency
Management Agency--Federal Assistance'' for grants under paragraph (1)
in this Act, or under the heading ``Federal Emergency Management
Agency--State and Local Programs'' in Public Law 114-4, division F of
Public Law 113-76, or division D of Public Law 113-6 may be used by
recipients or sub-recipients for costs, or reimbursement of costs,
related to providing humanitarian relief to unaccompanied alien children
and alien adults accompanied by an alien minor where they are
encountered after entering the United States, provided that such costs
were incurred between January 1, 2014, and December 31, 2014, or during
the award period of performance.
Sec. 306. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster Relief
Fund'' in the Department of Homeland Security Appropriations Act, 2015
(Public Law 114-4) shall be applied in fiscal year 2018 with respect to
budget year 2019 and current fiscal year 2018, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2019''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 307. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
Sec. 308. The aggregate charges assessed during fiscal year 2018,
as authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program for the
next fiscal year: Provided, That the methodology for assessment and
collection of fees shall be fair and equitable and shall reflect costs
of providing such services, including administrative costs of collecting
such fees: Provided further, That such fees shall be deposited in a
Radiological Emergency Preparedness Program account as offsetting
collections and will become available for authorized purposes on October
1, 2018, and remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support of the E-Verify Program, $108,856,000.
[[Page 623]]
procurement, construction, and improvements
For necessary expenses of U.S. Citizenship and Immigration Services
for procurement, construction, and improvements of the E-Verify Program,
$22,657,000, to remain available until September 30, 2020.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $254,000,000, of which $62,701,000 shall remain available
until September 30, 2019: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate for
operations and support, including the purchase or lease of not to exceed
5 vehicles, $331,113,000, of which $196,361,000 shall remain available
until September 30, 2019: Provided, That not to exceed $7,650 shall be
for official reception and representation expenses.
research and development
For necessary expenses of the Science and Technology Directorate for
research and development, $509,830,000, to remain available until
September 30, 2020.
Domestic Nuclear Detection Office
operations and support
For necessary expenses of the Domestic Nuclear Detection Office for
operations and support, $54,664,000: Provided, That not to exceed
$2,250 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Domestic Nuclear Detection Office for
procurement, construction, and improvements, $89,096,000, to remain
available until September 30, 2020.
research and development
For necessary expenses of the Domestic Nuclear Detection Office for
research and development, $145,661,000, to remain available until
September 30, 2020.
[[Page 624]]
federal assistance
For necessary expenses of the Domestic Nuclear Detection Office for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $46,019,000, to remain available until September
30, 2020.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5 vehicles,
for replacement only, for areas where the Administrator of General
Services does not provide vehicles for lease: Provided, That the
Director of U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to travel
between the employees' residences and places of employment.
Sec. 402. None of the funds made available in this Act may be used
by U.S. Citizenship and Immigration Services to grant an immigration
benefit unless the results of background checks required by law to be
completed prior to the granting of the benefit have been received by
U.S. Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.
Sec. 403. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided by employees (including employees
serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service Analysts,
Contact Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 404. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, up to $10,000,000 may be allocated by U.S. Citizenship and
Immigration Services in fiscal year 2018 for the purpose of providing an
Immigrant Integration grants program.
(b) None of the funds made available to U.S. Citizenship and
Immigration Services for grants for immigrant integration under
subsection (a) may be used to provide services to aliens who have not
been lawfully admitted for permanent residence.
Sec. 405. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 406. The Federal Law Enforcement Training Accreditation Board,
including representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation process to
continue the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors.
Sec. 407. (a) There is to be established a ``Federal Law Enforcement
Training Centers--Procurement, Construction, and Improvements''
appropriations account for planning, operational development,
engineering, and purchases prior to sustainment and for information
technology-related procurement, construction, and
[[Page 625]]
improvements, including non-tangible assets of the Federal Law
Enforcement Training Centers.
(b) The Director of the Federal Law Enforcement Training Centers may
accept transfers to the account established by subsection (a) from
Government agencies requesting the construction of special use
facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)):
Provided, That the Federal Law Enforcement Training Centers maintain
administrative control and ownership upon completion of such facilities.
Sec. 408. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds in
the applicable established accounts, and thereafter may be accounted for
as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2018, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the President's
budget proposal for fiscal year 2018 for the Department of
Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such reprogramming.
[[Page 626]]
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall be
reprogrammed within or transferred between appropriations based upon an
initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of deobligated
balances of funds provided in previous Department of Homeland Security
Appropriations Acts.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 5 days in advance of such transfer.
Sec. 504. Section <> 504 of the Department
of Homeland Security Appropriations Act, 2017 (division F of Public Law
115-31), related to the operations of a working capital fund, shall
apply with respect to funds made available in this Act in the same
manner as such section applied to funds made available in that Act.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2018, as recorded in the financial records at the time of
a reprogramming notification, but not later than June 30, 2019, from
appropriations for ``Operations and Support'' and for ``Coast Guard--
Operating Expenses'', and salaries and expenses for ``Coast Guard--
Acquisition, Construction, and Improvements'' and ``Coast Guard--Reserve
Training'' for fiscal year 2018 in this Act shall remain available
through September 30, 2019, in the account and for the purposes for
which the appropriations were provided: Provided, That prior to the
obligation of such funds, a notification shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2018 until the enactment of an Act authorizing
intelligence activities for fiscal year 2018.
Sec. 507. (a) The Secretary of Homeland Security, or the designee of
the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days in
advance of--
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or to
issue a letter of intent totaling in excess of $1,000,000;
[[Page 627]]
(2) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award items
under paragraph (1), (2), or (3), including a contract covered
by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that compliance
with this section would pose a substantial risk to human life, health,
or safety, an award may be made without notification, and the Secretary
shall notify the Committees on Appropriations of the Senate and the
House of Representatives not later than 5 full business days after such
an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type of
contract; and the account from which the funds are being drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training that
cannot be accommodated in existing Centers facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code, has
not been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161; 121
Stat. 2073 and 2074) shall apply with respect to funds made available in
this Act in the same manner as such sections applied to funds made
available in that Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act:
Provided, That for purposes of the preceding sentence, the term ``Buy
American Act'' means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to funds made
available in this Act in the same manner as such section applied to
funds made available in that Act.
Sec. 514. None of the funds provided or otherwise made available in
this Act shall be available to carry out section 872 of
[[Page 628]]
the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly
authorized by the Congress.
Sec. 515. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national identification
card.
Sec. 516. Any official that is required by this Act to report or to
certify to the Committees on Appropriations of the Senate and the House
of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.
Sec. 517. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other detainee
who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 518. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 519. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 520. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 521. Hereafter, <> in developing
any process to screen aviation passengers and crews for transportation
or national security purposes, the Secretary of Homeland Security shall
ensure that all such processes take into consideration such passengers'
and crews' privacy and civil liberties consistent with applicable laws,
regulations, and guidance.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland Security
to enter into any Federal contract unless such contract is entered into
in accordance with the requirements of subtitle I of title 41, United
States Code, or chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless such contract is otherwise
authorized by statute to be entered into without regard to the above
referenced statutes.
Sec. 523. (a) For an additional amount for financial systems
modernization, $41,800,000, to remain available until September 30,
2019.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section 503
of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
[[Page 629]]
Sec. 524. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 525. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement officer
knows or suspects that the individual is an agent of a drug cartel
unless law enforcement personnel of the United States continuously
monitor or control the firearm at all times.
Sec. 526. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided further, That
the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
Sec. 527. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in a
National Special Security Event.
Sec. 528. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time positions or
costs more than $5,000,000 in a single year before the end of the 30-day
period beginning on the date on which the Secretary of Homeland Security
submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 529. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website of
that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland or
national security; or
[[Page 630]]
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 530. (a) Funding provided in this Act for ``Operations and
Support'' and funding provided in this Act for ``Coast Guard--Operating
Expenses'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 531. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 532. For fiscal year 2018, the Secretary of Homeland Security
may provide, out of discretionary funds available to the Department of
Homeland Security, for the primary and secondary schooling of dependents
of Department of Homeland Security personnel who are stationed outside
the continental United States and for the transportation of such
dependents in the same manner and to the same extent that, pursuant to
section 544 of title 14, United States Code, the Secretary may provide,
out of funds appropriated to or for the use of the Coast Guard, for the
primary and secondary schooling of, and the transportation of,
dependents of Coast Guard personnel stationed outside the continental
United States: Provided, That no amounts may be provided from amounts
that were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency requirement
pursuant to a concurrent resolution on the budget or section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That no amounts may be provided from amounts
that were designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 533. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2019 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the Senate and the House of
Representatives specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such proposals in
the event that they are not enacted prior to October 1, 2018.
Sec. 534. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $41,000,000, to remain
available until September 30, 2019, exclusively for providing
reimbursement of extraordinary law enforcement personnel costs for
protection activities directly and demonstrably associated with any
residence of the President that is designated or identified to be
secured by the United States Secret Service.
(b) Funds under subsection (a) shall be available only for costs
that a State or local agency--
(1) incurs on or after October 1, 2017, and before October
1, 2018;
(2) can demonstrate to the Administrator as being--
[[Page 631]]
(A) in excess of the costs of normal and typical law
enforcement operations;
(B) directly attributable to the provision of
protection described herein; and
(C) associated with a non-governmental property
designated or identified to be secured by the United
States Secret Service pursuant to section 3 or section 4
of the Presidential Protection Assistance Act of 1976
(Public Law 94-524); and
(3) certifies to the Administrator as being for protection
activities requested by the Director of the United States Secret
Service.
(c) For purposes of subsection (a), a designation or identification
of a property to be secured under subsection (b)(2)(C) made after
incurring otherwise eligible costs shall apply retroactively to October
1, 2017.
(d) The Administrator may establish written criteria consistent with
subsections (a) and (b).
(e) None of the funds provided shall be for hiring new or additional
personnel.
(f) The Inspector General of the Department of Homeland Security
shall audit reimbursements made under this section.
Sec. 535. (a) The Secretary of Homeland Security may include in the
President's budget proposal for Coast Guard for fiscal year 2019,
submitted pursuant to section 1105(a) of title 31, United States Code,
and accompanying justification materials, an account structure
established by section 563 of Division F of the Consolidated
Appropriations Act, 2016 (Public Law 114-113).
(b) Not earlier than October 1, 2018, the accounts designated under
subsection (a) may be established, and the Secretary of Homeland
Security may execute appropriations of the Department as provided
pursuant to such subsection, including any continuing appropriations
made available for fiscal year 2019 before enactment of a regular
appropriations Act.
(c) Notwithstanding any other provision of law, the Secretary of
Homeland Security may transfer any appropriation made available to the
Department of Homeland Security by any appropriations Acts to the
accounts created pursuant to subsection (b) to carry out the
requirements of such subsection, and shall notify the Committees on
Appropriations of the Senate and the House of Representatives within 5
days of each transfer.
(d)(1) Not later than November 1, 2018, the Secretary of Homeland
Security shall establish the preliminary baseline for application of
reprogramming and transfer authorities and submit the report specified
in paragraph (2) to the Committees on Appropriations of the Senate and
the House of Representatives.
(2) The report required in this subsection shall include--
(A) a delineation of the amount and account of each
transfer made pursuant to subsection (b) or (c);
(B) a table for each appropriation with a separate
column to display the President's budget proposal,
adjustments made by Congress, adjustments due to enacted
rescissions, if appropriate, adjustments made pursuant
to the transfer authority in subsection (b) or (c), and
the fiscal year level;
(C) a delineation in the table for each
appropriation, adjusted as described in paragraph (2),
both by budget
[[Page 632]]
activity and program, project, and activity as detailed
in the Budget Appendix; and
(D) an identification of funds directed for a
specific activity.
(e) The Secretary shall not exercise the authority provided in
subsections (b), (c), and (d) unless, not later than June 1, 2018, the
Chief Financial Officer has submitted to the Committees on
Appropriations of the Senate and the House of Representatives--
(1) technical assistance on new legislative language in the
account structure under subsection (a); and
(2) comparison tables of fiscal years 2017, 2018, and 2019
in the account structure under subsection (a).
Sec. 536. (a) None of the funds appropriated by this or previous
appropriations Acts or otherwise made available to the Department of
Homeland Security may be used to establish accounts in the Treasury of
the United States for the Countering Weapons of Mass Destruction Office
or the Cybersecurity and Infrastructure Security Agency until Congress
has enacted a law that specifically authorizes such Office or Agency and
such authorization identifies the functions that are authorized to be
transferred to such Office or Agency.
(b) Subject to the limitation in subsection (a), if Congress enacts
a law on or after the date of enactment of this Act that specifically
authorizes the Countering Weapons of Mass Destruction Office or the
Cybersecurity and Infrastructure Security Agency and such authorization
identifies the functions that are authorized to be transferred to such
Office or Agency, the Secretary of Homeland Security may--
(1) not earlier than October 1, 2018, establish accounts in
the Treasury of the United States necessary to carry out the
functions of the Office or Agency as authorized;
(2) execute appropriations of the Department of Homeland
Security as provided in subparagraph (1), including any
continuing appropriations made available for fiscal year 2019,
before enactment of a regular appropriations Act; and
(3) transfer any funds made available to the Department of
Homeland Security by any appropriations Acts to the accounts
created in subparagraph (1) for functions that are authorized to
be transferred to such Office or Agency and to be used for the
purpose of executing authorization of such Office or Agency.
(c) The authority provided in subsection (b)(3) shall only be
available if the Secretary has notified the Committees on Appropriations
of the Senate and the House of Representatives at least 15 days in
advance of each such transfer.
Sec. 537. Section 404 of the Coast Guard Authorization Act of 2010
(Public Law 111-281; 124 Stat. 2950), as amended, shall be applied in
subsection (b) by substituting ``September 30, 2018'' for ``September
30, 2017''.
Sec. 538. (a) <> Section 831 of the Homeland
Security Act of 2002 (6 U.S.C. 391) shall be applied--
(1) In subsection (a), by substituting ``September 30,
2018,'' for ``September 30, 2017,''; and
(2) In subsection (c)(1), by substituting ``September 30,
2018,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority of
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may
carry out prototype projects under section 2371b of
[[Page 633]]
title 10, United States Code, and the Secretary shall perform the
functions of the Secretary of Defense as prescribed.
(c) The Secretary of Homeland Security under section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition
of nontraditional government contractor as defined in section 2371b(e)
of title 10, United States Code.
(rescissions)
Sec. 539. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985 (Public Law 99-177):
(1) $44,557,000 from Public Law 115-31 under the heading
``Transportation Security Administration--Operations and
Support'';
(2) $1,785,697 from Public Law 108-334 under the heading
``Coast Guard--Alteration of Bridges'';
(3) $1,920,100 from Public Law 109-90 under the heading
``Coast Guard--Alteration of Bridges'';
(4) $1,791,454 from Public Law 109-295 under the heading
``Coast Guard--Alteration of Bridges'';
(5) $3,221,594 from Public Law 110-161 under the heading
``Coast Guard--Alteration of Bridges'';
(6) $3,680,885 from Public Law 111-83 under the heading
``Coast Guard--Alteration of Bridges'';
(7) $25,000,000 from Public Law 114-113 under the heading
``Coast Guard--Acquisition, Construction, and Improvements'';
(8) $2,000,000 from Public Law 114-113 under the heading
``Science and Technology--Research, Development, Acquisition,
and Operations'';
(9) $2,000,000 from Public Law 115-31 under the heading
``Science and Technology Directorate--Operations and Support''
account 70 17/18 0800;
(10) $6,000,000 from Public Law 115-31 under the heading
``Science and Technology Directorate--Research and
Development''; and
(11) $4,307,000 from Public Law 115-31 under the heading
``Intelligence, Analysis, and Operations Coordination--
Operations and Support''.
(rescissions)
Sec. 540. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $66,024 from ``Coast Guard--Acquisition, Construction,
and Improvements'' account 70x0613;
(2) $2,400 from ``Transportation Security Administration--
Salaries and Expenses'' account 70x0508; and
(3) $31,948 from ``U.S. Customs and Border Protection''
account 70x0503.
[[Page 634]]
(rescissions)
Sec. 541. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2017 (Public Law
115-31) are rescinded:
(1) $2,941,804 from ``U.S. Customs and Border Protection--
Operations and Support'';
(2) $24,337,865 from ``Coast Guard--Operating Expenses'';
(3) $260,584 from ``Coast Guard--Reserve Training'';
(4) $308,974 from ``Coast Guard--Acquisition, Construction,
and Improvements'';
(5) $106,894 from ``Federal Emergency Management Agency--
Operations and Support''; and
(6) $23,938 from ``Office of Health Affairs--Operations and
Support''.
(rescission)
Sec. 542. From the unobligated balances available in the Department
of the Treasury Forfeiture Fund established by section 9703 of title 31,
United States Code (added by section 638 of Public Law 102-393),
$364,162,000 shall be permanently rescinded not later than September 30,
2018.
Sec. 543. Notwithstanding section 5170c(b)(2)(B)(ii) of title 42,
United States Code, the Administrator of the Federal Emergency
Management Agency shall allow flood protection systems constructed in
2016 on property acquired with hazard mitigation assistance provided
under section 5170c of title 42, United States Code, in an inadvertent
violation of the terms and conditions of such assistance to remain in
place on such property: Provided, That no new or additional structure
may be erected on the property unless the new or additional structure
complies with section 5170c(b)(2)(B)(ii) of title 42, United States
Code: Provided further, That this provision does not otherwise excuse
compliance with all other applicable laws including statutes, executive
orders, regulations, and program and grant legal requirements pertaining
to the floodwall structure or the acquired property.
Sec. 544. Section 545 of title V of division F of the Consolidated
Appropriations Act, 2017, as added by section 20607 of title VI of
subdivision 1 of division B of the Bipartisan Budget Act of 2018, is
amended to read as follows:
``Sec. 545. (a) Premium Pay Authority.--During calendar year 2017,
any premium pay that is funded, either directly or through
reimbursement, by the `Federal Emergency Management Agency--Disaster
Relief Fund' shall be exempted from the aggregate of basic pay and
premium pay calculated under section 5547(a) of title 5, United States
Code, and any other provision of law limiting the aggregate amount of
premium pay payable on a biweekly or calendar year basis.
``(b) Overtime Authority.--During calendar year 2017, any overtime
pay that is funded, either directly or through reimbursement, by the
`Federal Emergency Management Agency--Disaster Relief Fund' and that is
payable under an authority outside of title 5, United States Code, shall
be exempted from any annual limit on the amount of overtime pay payable
in a calendar or fiscal year.
[[Page 635]]
``(c) Applicability of Aggregate Limitation on Pay.--In determining
whether an employee's aggregate pay exceeds the applicable annual rate
of basic pay payable under section 5307 of title 5, United States Code,
the head of an Executive agency shall not include pay exempted under
this section.
``(d) Limitation of Pay Authority.--
``(1) Pay exempted from otherwise applicable limits under
subsection (a) or (b) shall not cause the aggregate of basic pay
and premium pay for the applicable calendar year to exceed the
rate of basic pay payable for a position at level II of the
Executive Schedule under section 5313 of title 5, United States
Code, as in effect at the end of such calendar year.
``(2) For purposes of applying this subsection to an
employee who would otherwise be subject to the premium pay
limits established under section 5547 of title 5, United States
Code, `premium pay' means the premium pay paid under the
provisions of law cited in section 5547(a).
``(3) For purposes of applying this subsection to an
employee under a premium pay limit established under an
authority other than section 5547 of title 5, United States
Code, the agency responsible for administering such limit shall
determine what payments are considered premium pay.
``(e) Effective Date.--This section shall take effect as if enacted
on December 31, 2016.
``(f) Treatment of Additional Pay.--If application of this section
results in the payment of additional premium pay to a covered employee
of a type that is normally creditable as basic pay for retirement or any
other purpose, that additional pay shall not--
``(1) be considered to be basic pay of the covered employee
for any purpose; or
``(2) be used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under section
5551 or section 5552 of title 5, United States Code.''.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2018''.
DIVISION G--DEPARTMENT <> OF THE INTERIOR,
ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,183,043,000, to remain available
[[Page 636]]
until expended, including all such amounts as are collected from permit
processing fees, as authorized but made subject to future appropriation
by section 35(d)(3)(A)(i) of the Mineral Leasing Act (30 U.S.C. 191),
except that amounts from permit processing fees may be used for any
bureau-related expenses associated with the processing of oil and gas
applications for permits to drill and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2018, so as to result in a final appropriation estimated at
not more than $1,183,043,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579, including administrative expenses and acquisition of
lands or waters, or interests therein, $24,916,000, to be derived from
the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing
connecting roads on or adjacent to such grant lands; $106,985,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
[[Page 637]]
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under section 28
of the Mineral Leasing Act (30 U.S.C. 185), to remain available until
expended: <> Provided, That notwithstanding
any provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect, or
rehabilitate any public lands administered through the Bureau of Land
Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used on
the exact lands damaged which led to the action: Provided further, That
any such moneys that are in excess of amounts needed to repair damage to
the exact land for which funds were collected may be used to repair
other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private entities,
including with States. Appropriations for the Bureau shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on the Secretary's certificate, not to exceed $10,000: Provided, That
notwithstanding Public Law 90-620 (44 U.S.C. 501), the Bureau may, under
cooperative cost-sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau determines the
cooperator is capable of meeting accepted quality standards:
[[Page 638]]
Provided further, That projects to be funded pursuant to a written
commitment by a State government to provide an identified amount of
money in support of the project may be carried out by the Bureau on a
reimbursable basis. Appropriations herein made shall not be available
for the destruction of healthy, unadopted, wild horses and burros in the
care of the Bureau or its contractors or for the sale of wild horses and
burros that results in their destruction for processing into commercial
products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,279,002,000, to remain available
until September 30, 2019: Provided, That not to exceed $18,818,000
shall be used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except
for processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions described
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)).
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$66,540,000, to remain available until expended.
land acquisition
For expenses necessary to carry out chapter 2003 of title 54, United
States Code, including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the United States Fish and Wildlife Service,
$63,839,000, to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which, notwithstanding section
200306 of title 54, United States Code, not more than $10,000,000 shall
be for land conservation partnerships authorized by the Highlands
Conservation Act of 2004, including not to exceed $320,000 for
administrative expenses: Provided, That none of the funds appropriated
for specific land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $53,495,000, to remain available
until expended, of which $33,857,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$19,638,000 is to be derived from the Land and Water Conservation Fund.
[[Page 639]]
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$40,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle
Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $11,061,000, to
remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $63,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$4,209,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $6,362,000 is for a competitive grant program to implement
approved plans for States, territories, and other jurisdictions and at
the discretion of affected States, the regional Associations of fish and
wildlife agencies, not subject to the remaining provisions of this
appropriation: Provided further, That the Secretary shall, after
deducting $10,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District of Columbia
and to the Commonwealth of Puerto Rico, each a sum equal to not more
than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall apportion
the remaining amount in the following manner: (1) one-third of which is
based on the ratio to which the land area of such State bears to the
total land area of all such States; and (2) two-thirds of which is based
on the ratio to which the population of such State bears to the total
population of all such States: Provided further, That the
[[Page 640]]
amounts apportioned under this paragraph shall be adjusted equitably so
that no State shall be apportioned a sum which is less than 1 percent of
the amount available for apportionment under this paragraph for any
fiscal year or more than 5 percent of such amount: Provided further,
That the Federal share of planning grants shall not exceed 75 percent of
the total costs of such projects and the Federal share of implementation
grants shall not exceed 65 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects may not be
derived from Federal grant programs: Provided further, That any amount
apportioned in 2018 to any State, territory, or other jurisdiction that
remains unobligated as of September 30, 2019, shall be reapportioned,
together with funds appropriated in 2020, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public and
private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of damage
to public roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land at not to
exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant to
law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting accepted
quality standards: Provided further, That the Service may accept
donated aircraft as replacements for existing aircraft: Provided
further, That notwithstanding 31 U.S.C. 3302, all fees collected for
non-toxic shot review and approval shall be deposited under the heading
``United States Fish and Wildlife Service--Resource Management'' and
shall be available to the Secretary, without further appropriation, to
be used for expenses of processing of such non-toxic shot type or
coating applications and revising regulations as necessary, and shall
remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park Service,
$2,477,969,000, of which $10,032,000 for planning and interagency
coordination in support of Everglades restoration and $134,461,000 for
maintenance, repair, or rehabilitation projects for constructed assets
shall remain available until September 30,
[[Page 641]]
2019: Provided, That funds appropriated under this heading in this Act
are available for the purposes of section 5 of Public Law 95-348.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $63,638,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $96,910,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2019, of which $13,000,000
shall be for Save America's Treasures grants for preservation of
national significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, That all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the funds
provided for the Historic Preservation Fund, $500,000 is for competitive
grants for the survey and nomination of properties to the National
Register of Historic Places and as National Historic Landmarks
associated with communities currently under-represented, as determined
by the Secretary, $13,000,000 is for competitive grants to preserve the
sites and stories of the Civil Rights movement, $5,000,000 is for grants
to Historically Black Colleges and Universities, and $5,000,000 is for
competitive grants for the restoration of historic properties of
national, State and local significance listed on or eligible for
inclusion on the National Register of Historic Places, to be made
without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation
Act: Provided further, That such competitive grants shall be made
without imposing the matching requirements in section 302902(b)(3) of
title 54, United States Code, to States and Indian tribes as defined in
chapter 3003 of such title, Native Hawaiian organizations, local
governments, including Certified Local Governments, and non-profit
organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and compliance and planning for programs and areas
administered by the National Park Service, $359,704,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, for any project initially funded in fiscal year 2018
with a future phase indicated in the National Park Service 5-Year Line
Item Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That the
solicitation and contract shall contain the clause availability of funds
found at 48 CFR 52.232-18: Provided further,
[[Page 642]]
That National Park Service Donations, Park Concessions Franchise Fees,
and Recreation Fees may be made available for the cost of adjustments
and changes within the original scope of effort for projects funded by
the National Park Service Construction appropriation: Provided further,
That the Secretary of the Interior shall consult with the Committees on
Appropriations, in accordance with current reprogramming thresholds,
prior to making any charges authorized by this section.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title 54, United
States Code, including administrative expenses, and for acquisition of
lands or waters, or interest therein, in accordance with the statutory
authority applicable to the National Park Service, $180,941,000, to be
derived from the Land and Water Conservation Fund and to remain
available until expended, of which $124,006,000 is for the State
assistance program and of which $10,000,000 shall be for the American
Battlefield Protection Program grants as authorized by chapter 3081 of
title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of section 101701
of title 54, United States Code, relating to challenge cost share
agreements, $23,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets, or
a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of title
54, United States Code, franchise fees credited to a sub-account shall
be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of funds used to
extinguish or reduce liability. Franchise fees at the benefitting unit
shall be credited to the sub-account of the originating unit over a
period not to exceed the term of a single contract at the benefitting
unit, in the amount of funds so expended to extinguish or reduce
liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation,
[[Page 643]]
for purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,148,457,000, to remain
available until September 30, 2019; of which $78,537,000 shall remain
available until expended for satellite operations; and of which
$15,164,000 shall be available until expended for deferred maintenance
and capital improvement projects that exceed $100,000 in cost:
Provided, That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private property,
unless specifically authorized in writing by the property owner:
Provided further, That <> no part of this
appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by appropriations
herein made may be accomplished through the use of contracts, grants, or
cooperative agreements as defined in section 6302 of title 31, United
States Code: Provided further, That the United States Geological Survey
may enter into contracts or cooperative agreements directly with
individuals or indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or intermittent
services of students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5, United
States Code, relating to compensation for travel and work injuries, and
chapter 171 of title 28, United States Code, relating to tort
[[Page 644]]
claims, but shall not be considered to be Federal employees for any
other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements, rights-of-way
and agreements for use for oil and gas, other minerals, energy, and
marine-related purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for environmental
studies, as authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and for
matching grants or cooperative agreements, $171,000,000, of which
$114,166,000 is to remain available until September 30, 2019, and of
which $56,834,000 is to remain available until expended: Provided, That
this total appropriation shall be reduced by amounts collected by the
Secretary and credited to this appropriation from additions to receipts
resulting from increases to lease rental rates in effect on August 5,
1993, and from cost recovery fees from activities conducted by the
Bureau of Ocean Energy Management pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are received
during the fiscal year, so as to result in a final fiscal year 2018
appropriation estimated at not more than $114,166,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and gas,
other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $136,411,000, of which $108,540,000 is to remain
available until September 30, 2019, and of which $27,871,000 is to
remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary and
credited to this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993, and from
cost recovery fees from activities conducted by the Bureau of Safety and
Environmental Enforcement pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2018
appropriation estimated at not more than $108,540,000.
For an additional amount, $50,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from
[[Page 645]]
non-refundable inspection fees collected in fiscal year 2018, as
provided in this Act: Provided, That to the extent that amounts
realized from such inspection fees exceed $50,000,000, the amounts
realized in excess of $50,000,000 shall be credited to this
appropriation and remain available until expended: Provided further,
That for fiscal year 2018, not less than 50 percent of the inspection
fees expended by the Bureau of Safety and Environmental Enforcement will
be used to fund personnel and mission-related costs to expand capacity
and expedite the orderly development, subject to environmental
safeguards, of the Outer Continental Shelf pursuant to the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), including the
review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $14,899,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$115,804,000, to remain available until September 30, 2019: Provided,
That <> appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That <> fees assessed and collected by the
Office pursuant to such section 507 shall be credited to this account as
discretionary offsetting collections, to remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2018 appropriation
estimated at not more than $115,804,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $24,672,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts: Provided
further, That funds made available under title IV of Public Law 95-87
may be used for any required non-Federal share of the cost of projects
funded by the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must
[[Page 646]]
be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That amounts provided
under this heading may be used for the travel and per diem expenses of
State and tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
In addition, $115,000,000, to remain available until expended, for
grants to States and federally recognized Indian Tribes for reclamation
of abandoned mine lands and other related activities in accordance with
the terms and conditions in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act):
Provided, That such additional amount shall be used for economic and
community development in conjunction with the priorities in section
403(a) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(a)): Provided further, That of such additional amount,
$75,000,000 shall be distributed in equal amounts to the 3 Appalachian
States with the greatest amount of unfunded needs to meet the priorities
described in paragraphs (1) and (2) of such section, $30,000,000 shall
be distributed in equal amounts to the 3 Appalachian States with the
subsequent greatest amount of unfunded needs to meet such priorities,
and $10,000,000 shall be for grants to federally recognized Indian
Tribes without regard to their status as certified or uncertified under
the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1233(a)), for reclamation of abandoned mine lands and other related
activities in accordance with the terms and conditions in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) and shall be used for economic and
community development in conjunction with the priorities in section
403(a) of the Surface Mining Control and Reclamation Act of 1977:
Provided further, That such additional amount shall be allocated to
States and Indian Tribes within 60 days after the date of enactment of
this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 5301 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), $2,411,200,000, to remain available until
September 30, 2019, except as otherwise provided herein; of which not to
exceed $8,500 may be for official reception and representation expenses;
of which not to exceed $76,000,000 shall be for welfare assistance
payments: Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided herein, to
provide for disaster relief to Indian communities affected by the
disaster: Provided further, That federally recognized Indian tribes and
tribal organizations of federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $673,425,000 for school operations
costs of Bureau-funded schools and other education programs shall
[[Page 647]]
become available on July 1, 2018, and shall remain available until
September 30, 2019: Provided further, That not to exceed $53,991,000
shall remain available until expended for housing improvement, road
maintenance, attorney fees, litigation support, land records
improvement, and the Navajo-Hopi Settlement Program: Provided further,
That notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et
seq.) and section 1128 of the Education Amendments of 1978 (25 U.S.C.
2008), not to exceed $81,036,000 within and only from such amounts made
available for school operations shall be available for administrative
cost grants associated with grants approved prior to July 1, 2018:
Provided further, That any forestry funds allocated to a federally
recognized tribe which remain unobligated as of September 30, 2019, may
be transferred during fiscal year 2020 to an Indian forest land
assistance account established for the benefit of the holder of the
funds within the holder's trust fund account: Provided further, That
any such unobligated balances not so transferred shall expire on
September 30, 2020: Provided further, That in order to enhance the
safety of Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel:
Provided further, That the Bureau of Indian Affairs may accept transfers
of funds from U.S. Customs and Border Protection to supplement any other
funding available for reconstruction or repair of roads owned by the
Bureau of Indian Affairs as identified on the National Tribal
Transportation Facility Inventory, 23 U.S.C. 202(b)(1).
contract support costs
For payments to tribes and tribal organizations for contract support
costs associated with Indian Self-Determination and Education Assistance
Act agreements with the Bureau of Indian Affairs for fiscal year 2018,
such sums as may be necessary, which shall be available for obligation
through September 30, 2019: Provided, That notwithstanding any other
provision of law, no amounts made available under this heading shall be
available for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483; $354,113,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 percent of contract
authority available to the Bureau of Indian Affairs from the Federal
Highway Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to the Act of November 2, 1921 (25
U.S.C. 13), shall be made available on a nonreimbursable basis:
[[Page 648]]
Provided further, That for fiscal year 2018, in implementing new
construction, replacement facilities construction, or facilities
improvement and repair project grants in excess of $100,000 that are
provided to grant schools under Public Law 100-297, the Secretary of the
Interior shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in part 12 of title 43,
Code of Federal Regulations, as the regulatory requirements: Provided
further, That such grants shall not be subject to section 12.61 of title
43, Code of Federal Regulations; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work to be
performed: Provided further, That in considering grant applications,
the Secretary shall consider whether such grantee would be deficient in
assuring that the construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and safety
standards as required by section 1125(b) of title XI of Public Law 95-
561 (25 U.S.C. 2005(b)), with respect to organizational and financial
management capabilities: Provided further, That if the Secretary
declines a grant application, the Secretary shall follow the
requirements contained in section 5206(f) of Public Law 100-297 (25
U.S.C. 2504(f)): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the
disputes provision in section 5208(e) of Public Law 107-110 (25 U.S.C.
2507(e)): Provided further, That in order to ensure timely completion
of construction projects, the Secretary may assume control of a project
and all funds related to the project, if, within 18 months of the date
of enactment of this Act, any grantee receiving funds appropriated in
this Act or in any prior Act, has not completed the planning and design
phase of the project and commenced construction: Provided further, That
this appropriation may be reimbursed from the Office of the Special
Trustee for American Indians appropriation for the appropriate share of
construction costs for space expansion needed in agency offices to meet
trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and
for implementation of other land and water rights settlements,
$55,457,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $9,272,000, of
which $1,252,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed or insured, not to exceed $123,565,389.
[[Page 649]]
administrative provisions
(including rescission of funds)
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos
Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public
Law 103-413).
In the event any tribe returns appropriations made available by this
Act to the Bureau of Indian Affairs, this action shall not diminish the
Federal Government's trust responsibility to that tribe, or the
government-to-government relationship between the United States and that
tribe, or that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary school
in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education, or more than one grade to
expand the elementary grade structure for Bureau-funded schools with a
K-2 grade structure on October 1, 1996. Appropriations made available in
this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996, and to any
school or school program that was reinstated in fiscal year 2012. Funds
made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that
a charter school that is in existence on the date of the enactment of
this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only
if the charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school are kept
separate
[[Page 650]]
and apart from Bureau funds, and the Bureau does not assume any
obligation for charter school programs of the State in which the school
is located if the charter school loses such funding. Employees of
Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113 of
title I of appendix C of Public Law 106-113, if in fiscal year 2003 or
2004 a grantee received indirect and administrative costs pursuant to a
distribution formula based on section 5(f) of Public Law 101-301, the
Secretary shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the Bureau-
funded school, comply with all applicable Tribal, Federal, or State
health and safety standards, and the Americans with Disabilities Act,
and demonstrate the benefits of establishing operations at a satellite
location in lieu of incurring extraordinary costs, such as for
transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction or other facilities-related costs for such
assets that are not owned by the Bureau: Provided further, That the
term ``satellite school'' means a school location physically separated
from the existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Of the prior year unobligated balances available for the ``Operation
of Indian Programs'' account, $8,000,000 are permanently rescinded.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $124,182,000, to remain available until September 30, 2019; of
which not to exceed $15,000 may be for official reception and
representation expenses; and of which up to $1,000,000 shall be
available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the United
States Bureau of Mines; and of which $10,242,000 for the Office of
Valuation Services is to be derived
[[Page 651]]
from the Land and Water Conservation Fund and shall remain available
until expended.
administrative provisions
For fiscal year 2018, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States Code:
Provided further <> , That in the event the
sums appropriated for any fiscal year for payments pursuant to this
chapter are insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to each local
government shall be made proportionally: Provided further, That the
Secretary may make adjustments to payment to individual units of local
government to correct for prior overpayments or underpayments: Provided
further, That no payment shall be made pursuant to that chapter to
otherwise eligible units of local government if the computed amount of
the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $96,870,000, of
which: (1) $87,422,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to the Government of American Samoa,
in addition to current local revenues, for construction and support of
governmental functions; grants to the Government of the Virgin Islands,
as authorized by law; grants to the Government of Guam, as authorized by
law; and grants to the Government of the Northern Mariana Islands, as
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $9,448,000
shall be available until September 30, 2019, for salaries and expenses
of the Office of Insular Affairs: Provided, <> That all financial transactions of the territorial and local
governments herein provided for, including such transactions of all
agencies or instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement of
the Special Representatives on Future United States Financial Assistance
for the Northern Mariana Islands approved by Public Law 104-134:
Provided further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital infrastructure with
territorial participation and cost sharing to be determined by the
Secretary based on the grantee's commitment to
[[Page 652]]
timely maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to section
404 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,363,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of Micronesia,
as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act for
construction and repair projects in Guam, and such funds shall remain
available until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such loans or
loan guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $66,675,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$51,023,000.
[[Page 653]]
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$119,400,000, to remain available until expended, of which not to exceed
$18,990,000 from this or any other Act, may be available for historical
accounting: Provided, That funds for trust management improvements and
litigation support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs and Bureau of Indian Education, ``Operation of
Indian Programs'' account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary, ``Departmental
Operations'' account: Provided further, That funds made available
through contracts or grants obligated during fiscal year 2018, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or less:
Provided further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and shall permit
the balance in each such account to be withdrawn upon the express
written request of the account holder: Provided further, That not to
exceed $50,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this purpose:
Provided further, That the Secretary shall not be required to reconcile
Special Deposit Accounts with a balance of less than $500 unless the
Office of the Special Trustee receives proof of ownership from a Special
Deposit Accounts claimant: Provided further, That notwithstanding
section 102 of the American Indian Trust Fund Management Reform Act of
1994 (Public Law 103-412) or any other provision of law, the Secretary
may aggregate the trust accounts of individuals whose whereabouts are
unknown for a continuous period of at least five years and shall not be
required to generate periodic statements of performance for the
individual accounts: Provided further, That with respect to the eighth
proviso, the Secretary shall continue to maintain sufficient records to
determine the balance of the individual accounts, including any accrued
interest and income, and such funds shall remain available to the
individual account holders.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department
[[Page 654]]
of the Interior, $948,087,000, to remain available until expended, of
which not to exceed $18,427,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That of the funds provided $184,000,000 is for fuels management
activities: Provided further, That of the funds provided $20,470,000 is
for burned area rehabilitation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging
without cost from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau
or office of the Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United States
property, may be credited to the appropriation from which funds were
expended to provide that protection, and are available without fiscal
year limitation: Provided further, That using the amounts designated
under this title of this Act, the Secretary of the Interior may enter
into procurement contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring associated with
such fuels management activities on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal land:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of fuels management
activities, may obtain maximum practicable competition among: (1) local
private, nonprofit, or cooperative entities; (2) Youth Conservation
Corps crews, Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups; (3) small or
micro-businesses; or (4) other entities that will hire or train locally
a significant percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That in
implementing this section, the Secretary shall develop written guidance
to field units to ensure accountability and consistent application of
the authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the United
States Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in connection with
wildland fire management activities: Provided further, That the
Secretary of the Interior may use wildland fire appropriations to enter
into leases of real property with local governments, at or below fair
market value, to construct capitalized improvements for fire facilities
on such leased properties, including but not limited to fire guard
stations, retardant stations, and other initial attack and fire support
facilities, and to make advance payments for any such lease or for
construction activity associated with the lease: Provided further, That
the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
funds provided
[[Page 655]]
for wildfire suppression shall be available for support of Federal
emergency response actions: Provided further, That funds appropriated
under this heading shall be available for assistance to or through the
Department of State in connection with forest and rangeland research,
technical information, and assistance in foreign countries, and, with
the concurrence of the Secretary of State, shall be available to support
forestry, wildland fire management, and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training, and
cooperation with United States and international organizations.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,010,000, to remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,767,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation
of facilities and operations throughout the Department, $62,370,000, to
remain available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for training
services provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further, That the
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That
[[Page 656]]
all funds received pursuant to the two preceding provisos shall be
credited to this account, shall be available until expended, and shall
be used by the Secretary for necessary expenses of the National Indian
Program Training Center: Provided further, That the Secretary may enter
into grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price for
the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds, and
for grants and cooperative agreements, as authorized by law,
$137,757,000, to remain available until September 30, 2019; of which
$41,727,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary concurred with the claimed refund due, to pay amounts owed to
Indian allottees or tribes, or to correct prior unrecoverable erroneous
payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-
[[Page 657]]
over lands under its jurisdiction; for emergency actions related to
potential or actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to actual oil
spills; for response and natural resource damage assessment activities
related to actual oil spills or releases of hazardous substances into
the environment; for the prevention, suppression, and control of actual
or potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for emergency
reclamation projects under section 410 of Public Law 95-87; and shall
transfer, from any no year funds available to the Office of Surface
Mining Reclamation and Enforcement, such funds as may be necessary to
permit assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, with such
reimbursement to be credited to appropriations currently available at
the time of receipt thereof: Provided further, That for wildland fire
operations, no funds shall be made available under this authority until
the Secretary determines that funds appropriated for ``wildland fire
suppression'' shall be exhausted within 30 days: Provided further, That
all funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section 3109
of title 5, United States Code, when authorized by the Secretary, in
total amount not to exceed $500,000; purchase and replacement of motor
vehicles, including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations approved by
the Secretary; and the payment of dues, when authorized by the
Secretary, for library membership in societies or associations which
issue publications to members only or at a price to members lower than
to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Bureau of Indian Education, and Office of the
Special Trustee for American Indians and any unobligated balances from
prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose.
[[Page 658]]
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal year 2018.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to acquire lands, waters, or interests
therein including the use of all or part of any pier, dock, or landing
within the State of New York and the State of New Jersey, for the
purpose of operating and maintaining facilities in the support of
transportation and accommodation of visitors to Ellis, Governors, and
Liberty Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees (and other
monetary consideration), or by exchange; and the Secretary is authorized
to negotiate and enter into leases, subleases, concession contracts or
other agreements for the use of such facilities on such terms and
conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2018, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the ``Offshore
Safety and Environmental Enforcement'' account, from the designated
operator for facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above the
waterline, excluding drilling rigs, and are in place at the start of the
fiscal year. Fees for fiscal year 2018 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2018. Fees for fiscal year 2018 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection
(b) within 60 days, with payment required within 30 days of billing. The
Secretary shall bill designated operators under subsection (c) within 30
days of the end of the month in which the inspection occurred, with
payment required within 30 days of billing.
[[Page 659]]
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to implement a
reorganization of the Bureau of Ocean Energy Management, Regulation and
Enforcement, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
contracts and agreements for wild horse and burro holding facilities
Sec. 109. <> Notwithstanding any other
provision of this Act, the Secretary of the Interior may enter into
multiyear cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 3903 of title 41, United
States Code (except that the 5-year term restriction in subsection (a)
shall not apply), for the long-term care and maintenance of excess wild
free roaming horses and burros by such organizations or entities on
private land. Such cooperative agreements and contracts may not exceed
10 years, subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
exhaustion of administrative review
Sec. 111. Paragraph (1) of section 122(a) of division E of Public
Law 112-74 (125 Stat. 1013) is amended by striking ``through 2020,'' in
the first sentence and inserting ``through 2022,''.
contracts and agreements with indian affairs
Sec. 112. Notwithstanding any other provision of law, during fiscal
year 2018, in carrying out work involving cooperation with State, local,
and tribal governments or any political subdivision thereof, Indian
Affairs may record obligations against accounts receivable from any such
entities, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the end of the
fiscal year.
humane transfer of excess animals
Sec. 113. Notwithstanding any other provision of law, the Secretary
of the Interior may transfer excess wild horses or burros that have been
removed from the public lands to other Federal, State, and local
government agencies for use as work animals:
[[Page 660]]
Provided, That the Secretary may make any such transfer immediately
upon request of such Federal, State, or local government agency:
Provided further, That any excess animal transferred under this
provision shall lose its status as a wild free-roaming horse or burro as
defined in the Wild Free-Roaming Horses and Burros Act: Provided
further, That any Federal, State, or local government agency receiving
excess wild horses or burros as authorized in this section shall not:
destroy the horses or burros in a way that results in their destruction
into commercial products; sell or otherwise transfer the horses or
burros in a way that results in their destruction for processing into
commercial products; or euthanize the horses or burros except upon the
recommendation of a licensed veterinarian, in cases of severe injury,
illness, or advanced age.
republic of palau
Sec. 114. There is appropriated $123,824,000 for an additional
amount for ``Compact of Free Association'', which shall remain available
until expended for use in meeting the financial obligations of the
Government of the United States under the Agreement between the
Government of the United States of America and the Government of the
Republic of Palau Following the Compact of Free Association Section 432
Review, signed on September 3, 2010, with the funding schedule therein
modified by the Parties as necessary and appropriate (``Compact Review
Agreement''): Provided, That funds may not be made available under this
section prior to the Compact Review Agreement and its appendices
entering into force.
department of the interior experienced services program
Sec. 115. (a) Notwithstanding any other provision of law relating to
Federal grants and cooperative agreements, the Secretary of the Interior
is authorized to make grants to, or enter into cooperative agreements
with, private nonprofit organizations designated by the Secretary of
Labor under title V of the Older Americans Act of 1965 to utilize the
talents of older Americans in programs authorized by other provisions of
law administered by the Secretary and consistent with such provisions of
law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within the
Department; or
(3) affect existing contracts for services.
jay s. hammond wilderness
Sec. 116. <> (a) Designation.--The
approximately 2,600,000 acres of National Wilderness Preservation System
land located within the Lake Clark National Park and Preserve designated
by section 701(6) of the Alaska National Interest Lands Conservation Act
[[Page 661]]
(16 U.S.C. 1132 note; Public Law 96-487) shall be known and designated
as the ``Jay S. Hammond Wilderness''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the wilderness area
referred to in subsection (a) shall be deemed to be a reference to the
``Jay S. Hammond Wilderness''.
extension of authorities
Sec. 117. (a) Division II of Public Law 104-333 (54 U.S.C. 320101
note), as amended by section 116(b)(2) of Public Law 114-113, is amended
in each of sections 203, 310, and 607, by striking ``2017'' and
inserting ``2019''.
(b) Section 140(j) of the Department of the Interior and Related
Agencies Appropriations Act, 2004 (54 U.S.C. 320101 note; Public Law
108-108; 117 Stat. 1280) is amended by striking ``15 years'' and
inserting ``17 years''.
payments in lieu of taxes (pilt)
Sec. 118. Section 6906 of title 31, United States Code, is amended
by striking ``each of fiscal years 2008 through 2014'' and inserting
``fiscal year 2018''.
morristown national historical park
Sec. 119. The first section of the Act entitled ``An Act to
authorize the addition of lands to Morristown National Historical Park
in the State of New Jersey, and for other purposes'', approved September
18, 1964 (16 U.S.C. 409g), is amended--
(1) by inserting ``, from a willing owner only,'' after
``the Secretary of the Interior is authorized to procure''; and
(2) by striking ``615'' each place it appears and inserting
``715''.
sage-grouse
Sec. 120. None of the funds made available by this or any other Act
may be used by the Secretary of the Interior to write or issue pursuant
to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
incorporation by reference
* Sec. 121. (a) The following provisions of S. 1460 (Energy and
Natural Resources Act of 2017) of the 115th Congress, as placed on the
calendar of the Senate on June 29, 2017, are hereby enacted into law:
(1) Section 7130 <> (Modification
of the Second Division Memorial).
(2) Section 7134 <> (Ste. Genevieve
National Historical Park).
(b) <> H.R. 1281 as introduced in the
115th Congress (A bill to extend the authorization of the Highlands
Conservation Act) and H.R. 4134 as introduced in the 115th Congress
(Cecil D.
__________
* See Endnote on 132 Stat. 1225.
---------------------------------------------------------------------------
[[Page 662]]
Andrus-White Clouds Wilderness Redesignation Act) are hereby enacted
into law.
(c) <> In publishing this Act in slip form
and in the United States Statutes at large pursuant to section 112 of
title 1, United States Code, the Archivist of the United States shall
include after the date of approval at the end an appendix setting forth
the text of the sections of the bill and the bills referred to in
subsections (a) and (b), respectively.
mineral withdrawal subject to valid existing rights
Sec. 122. (a) The mineral estate identified in Bureau of Land
Management contracts number CA 20139 and CA 22901 is hereby withdrawn
from all forms of mineral entry authority of the Secretary, subject to
valid existing rights.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
(including rescission of funds)
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $713,823,000, to remain available until September 30, 2019:
Provided, That of the funds included under this heading, $4,100,000
shall be for Research: National Priorities as specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That of
unobligated balances from appropriations made available under this
heading, $7,350,000 are permanently rescinded: Provided further, That
no amounts may be rescinded pursuant to the preceding proviso from
amounts made available in the first proviso for Research: National
Priorities.
Environmental Programs and Management
(including rescission of funds)
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$19,000 for official reception and representation expenses,
$2,643,299,000, to remain available until September 30, 2019: Provided,
That of the funds
[[Page 663]]
included under this heading, $12,700,000 shall be for Environmental
Protection: National Priorities as specified in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That of the funds included
under this heading, $447,857,000 shall be for Geographic Programs
specified in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That of the unobligated balances from appropriations made
available under this heading, $45,300,000 are permanently rescinded:
Provided further, That no amounts may be rescinded pursuant to the
preceding proviso from amounts made available in the first proviso for
Environmental Protection: National Priorities, from amounts made
available in the second proviso for Geographic Programs, or from the
National Estuary Program (33 U.S.C. 1330).
In addition, $10,000,000 to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in the
``TSCA Service Fee Fund'' as discretionary offsetting receipts in fiscal
year 2018 shall be retained and used for necessary salaries and expenses
in this appropriation and shall remain available until expended:
Provided further, That the sum herein appropriated in this paragraph
from the general fund for fiscal year 2018 shall be reduced by the
amount of discretionary offsetting receipts received during fiscal year
2018, so as to result in a final fiscal year 2018 appropriation from the
general fund estimated at not more than $0: Provided further, That to
the extent that amounts realized from such receipts exceed $10,000,000,
those amount in excess of $10,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in fiscal year
2018, shall be retained and used for necessary salaries and expenses in
this account, and shall remain available until expended: Provided
further, That of the funds included in the first paragraph under this
heading, the Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any fees
appropriated, not less than the amount of appropriations for that
program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $3,674,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2018, which shall remain
available until expended and be used for necessary expenses in this
appropriation, so as to result in a final fiscal year 2018 appropriation
from the general fund estimated at not more than $0: Provided further,
That to the extent such offsetting collections received in fiscal year
2018 exceed $3,674,000, those excess amounts shall remain available
until expended and be used for necessary expenses in this appropriation.
[[Page 664]]
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2019.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $34,467,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611)
$1,091,947,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2017, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,091,947,000 as a payment
from general revenues to the Hazardous Substance Superfund for purposes
as authorized by section 517(b) of SARA: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $8,778,000 shall be
paid to the ``Office of Inspector General'' appropriation to remain
available until September 30, 2019, and $15,496,000 shall be paid to the
``Science and Technology'' appropriation to remain available until
September 30, 2019.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage tank
cleanup activities authorized by subtitle I of the Solid Waste Disposal
Act, $91,941,000, to remain available until expended, of which
$66,572,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other provisions
of the Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code: Provided, That the Administrator is authorized
to use appropriations made available under this heading to implement
section 9013 of the Solid Waste Disposal Act to provide financial
assistance to federally recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,209,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
[[Page 665]]
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,562,161,000, to remain available until expended,
of which--
(1) $1,393,887,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $863,233,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That for fiscal year 2018, to the extent
there are sufficient eligible project applications and projects
are consistent with State Intended Use Plans, not less than 10
percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization grants
shall be used by the State for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities: Provided further,
That for fiscal year 2018, funds made available under this title
to each State for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each State, be
used for projects to address green infrastructure, water or
energy efficiency improvements, or other environmentally
innovative activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution Control Act,
the limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in loans
made by such fund in fiscal year 2018 and prior years where such
amounts represent costs of administering the fund to the extent
that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in the
fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2018,
notwithstanding the provisions of subsections (g)(1), (h), and
(l) of section 201 of the Federal Water Pollution Control Act,
grants made under title II of such Act for American Samoa, Guam,
the commonwealth of the Northern Marianas, the United States
Virgin Islands, and the District of Columbia may also be made
for the purpose of providing assistance: (1) solely for facility
plans, design activities, or plans, specifications, and
estimates for any proposed project for the construction of
treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2018, notwithstanding the
provisions of such subsections (g)(1), (h), and (l) of section
201 and section 518(c) of the Federal Water Pollution Control
Act, funds reserved by the Administrator for grants under
section 518(c) of the Federal Water Pollution Control Act may
also be used to provide assistance: (1) solely for facility
plans, design activities, or plans, specifications, and
estimates for any proposed project for the construction of
treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial
[[Page 666]]
establishments: Provided further, That for fiscal year 2018,
notwithstanding any provision of the Federal Water Pollution
Control Act and regulations issued pursuant thereof, up to a
total of $2,000,000 of the funds reserved by the Administrator
for grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act:
Provided further, That for fiscal year 2018, funds reserved
under section 518(c) of such Act shall be available for grants
only to Indian tribes, as defined in section 518(h) of such Act
and former Indian reservations in Oklahoma (as determined by the
Secretary of the Interior) and Native Villages as defined in
Public Law 92-203: Provided further, That for fiscal year 2018,
notwithstanding the limitation on amounts in section 518(c) of
the Federal Water Pollution Control Act, up to a total of 2
percent of the funds appropriated, or $30,000,000, whichever is
greater, and notwithstanding the limitation on amounts in
section 1452(i) of the Safe Drinking Water Act, up to a total of
2 percent of the funds appropriated, or $20,000,000, whichever
is greater, for State Revolving Funds under such Acts may be
reserved by the Administrator for grants under section 518(c)
and section 1452(i) of such Acts: Provided further, That for
fiscal year 2018, notwithstanding the amounts specified in
section 205(c) of the Federal Water Pollution Control Act, up to
1.5 percent of the aggregate funds appropriated for the Clean
Water State Revolving Fund program under the Act less any sums
reserved under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States Virgin
Islands: Provided further, That for fiscal year 2018,
notwithstanding the limitations on amounts specified in section
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the
funds appropriated for the Drinking Water State Revolving Fund
programs under the Safe Drinking Water Act may be reserved by
the Administrator for grants made under section 1452(j) of the
Safe Drinking Water Act: Provided further, That 10 percent of
the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and 20
percent of the funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants shall be used by the State to provide additional subsidy
to eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such funds
are provided as initial financing for an eligible recipient or
to buy, refinance, or restructure the debt obligations of
eligible recipients only where such debt was incurred on or
after the date of enactment of this Act, or where such debt was
incurred prior to the date of enactment of this Act if the
State, with concurrence from the Administrator, determines that
such funds could be used to help address a threat to public
health from heightened exposure to lead in drinking water or if
a Federal or State emergency declaration has been issued due to
a threat to public health from heightened exposure to lead in a
municipal
[[Page 667]]
drinking water supply before the date of enactment of this Act:
Provided further, That in a State in which such an emergency
declaration has been issued, the State may use more than 20
percent of the funds made available under this title to the
State for Drinking Water State Revolving Fund capitalization
grants to provide additional subsidy to eligible recipients;
(2) $10,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission: Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure;
(3) $20,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs of
rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used for
administrative and overhead expenses; and (C) the State of
Alaska shall make awards consistent with the Statewide priority
list established in conjunction with the Agency and the U.S.
Department of Agriculture for all water, sewer, waste disposal,
and similar projects carried out by the State of Alaska that are
funded under section 221 of the Federal Water Pollution Control
Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate not
less than 25 percent of the funds provided for projects in
regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA: Provided
further, That at least 10 percent shall be allocated for
assistance in persistent poverty counties: Provided further,
That for purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the most
recent Small Area Income and Poverty Estimates;
(5) $75,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $40,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
[[Page 668]]
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322); and
(8) $1,076,041,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including
activities pursuant to the provisions set forth under this
heading in Public Law 104-134, and for making grants under
section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities subject to terms and
conditions specified by the Administrator, of which: $47,745,000
shall be for carrying out section 128 of CERCLA; $9,646,000
shall be for Environmental Information Exchange Network grants,
including associated program support costs; $1,498,000 shall be
for grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds appropriated
under the heading ``Leaking Underground Storage Tank Trust Fund
Program'' to carry out the provisions of the Solid Waste
Disposal Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid Waste
Disposal Act; $17,848,000 of the funds available for grants
under section 106 of the Federal Water Pollution Control Act
shall be for State participation in national- and State-level
statistical surveys of water resources and enhancements to State
monitoring programs; $10,000,000 shall be for multipurpose
grants, including interagency agreements: Provided, <> That hereafter, notwithstanding other
applicable provisions of law, the funds appropriated for the
Indian Environmental General Assistance Program shall be
available to federally recognized tribes for solid waste and
recovered materials collection, transportation, backhaul, and
disposal services.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $5,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$610,000,000.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $5,000,000, to remain
available until September 30, 2019.
[[Page 669]]
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2018, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
the Administrator of the Environmental Protection Agency, in carrying
out the Agency's function to implement directly Federal environmental
programs required or authorized by law in the absence of an acceptable
tribal program, may award cooperative agreements to federally recognized
Indian tribes or Intertribal consortia, if authorized by their member
tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized by law,
except that no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended by Public Law 112-177, the Pesticide
Registration Improvement Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2018.
The Administrator is authorized to transfer up to $300,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of any
Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per project.
For fiscal year 2018, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian tribes
pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2018 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
Of the unobligated balances available for the ``State and Tribal
Assistance Grants'' account, $96,198,000 are hereby permanently
rescinded: Provided, That no amounts may be rescinded from
[[Page 670]]
amounts that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985 or from amounts that
were made available by subsection (a) of section 196 of the Continuing
Appropriations Act, 2017 (division C of Public Law 114-223), as amended
by the Further Continuing and Security Assistance Appropriations Act,
2017 (Public Law 114-254).
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $1,000,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $875,000: Provided, That funds made
available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to fund
up to one administrative support staff for the office.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $297,000,000, to remain available through September
30, 2021: Provided, That of the funds provided, $77,000,000 is for the
forest inventory and analysis program.
state and private forestry
(including rescission of funds)
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, and conducting an
international program as authorized, $335,525,000, to remain available
through September 30, 2021, as authorized by law; of which $67,025,000
is to be derived from the Land and Water Conservation Fund to be used
for the Forest Legacy Program, to remain available until expended.
Of the unobligated balances from amounts made available for the
Forest Legacy Program and derived from the Land and Water Conservation
Fund, $5,938,000 is hereby permanently rescinded from projects with cost
savings or failed or partially failed projects that had funds returned:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress
[[Page 671]]
as an emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,923,750,000, to remain available through
September 30, 2021: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That of the funds provided, $366,000,000
shall be for forest products: Provided further, That of the funds
provided, $430,000,000 shall be for hazardous fuels management
activities, of which not to exceed $15,000,000 may be used to make
grants, using any authorities available to the Forest Service under the
``State and Private Forestry'' appropriation, for the purpose of
creating incentives for increased use of biomass from National Forest
System lands: Provided further, That $15,000,000 may be used by the
Secretary of Agriculture to enter into procurement contracts or
cooperative agreements or to issue grants for hazardous fuels management
activities, and for training or monitoring associated with such
hazardous fuels management activities on Federal land, or on non-Federal
land if the Secretary determines such activities benefit resources on
Federal land: Provided further, That funds made available to implement
the Community Forestry Restoration Act, Public Law 106-393, title VI,
shall be available for use on non-Federal lands in accordance with
authorities made available to the Forest Service under the ``State and
Private Forestry'' appropriations: Provided further, <> That notwithstanding section 33 of the Bankhead Jones Farm
Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating
a fee for grazing on a National Grassland, may provide a credit of up to
50 percent of the calculated fee to a Grazing Association or direct
permittee for a conservation practice approved by the Secretary in
advance of the fiscal year in which the cost of the conservation
practice is incurred. And, that the amount credited shall remain
available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation practices
approved by the Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, $449,000,000, to remain available through September 30, 2021, for
construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for construction,
reconstruction, decommissioning of roads that are no longer needed,
including unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the Forest Service
as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided,
That funds becoming available
[[Page 672]]
in fiscal year 2018 under the Act of March 4, 1913 (16 U.S.C. 501) shall
be transferred to the General Fund of the Treasury and shall not be
available for transfer or obligation for any other purpose unless the
funds are appropriated.
land acquisition
For expenses necessary to carry out the provisions of chapter 2003
of title 54, United States Code, including administrative expenses, and
for acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service, $64,337,000,
to be derived from the Land and Water Conservation Fund and to remain
available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $850,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16
U.S.C. 484a), to remain available through September 30, 2021, (16 U.S.C.
516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public
Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2021, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2021, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal lands
in Alaska for subsistence uses under title VIII of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), $2,500,000, to
remain available through September 30, 2021.
[[Page 673]]
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression on
or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $2,880,338,000, to remain available
through September 30, 2021: Provided, That such funds including
unobligated balances under this heading, are available for repayment of
advances from other appropriations accounts previously transferred for
such purposes: Provided further, That any unobligated funds
appropriated in a previous fiscal year for hazardous fuels management
may be transferred to the ``National Forest System'' account: Provided
further, That such funds shall be available to reimburse State and other
cooperating entities for services provided in response to wildfire and
other emergencies or disasters to the extent such reimbursements by the
Forest Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further, That funds
provided shall be available for support to Federal emergency response:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That funds designated for wildfire suppression, shall be
assessed for cost pools on the same basis as such assessments are
calculated against other agency programs: Provided further, That the
$65,000,000 made available under this heading in the Consolidated and
Further Continuing Appropriations Act, 2015 (Public Law 113-235) for the
purpose of acquiring aircraft for the next-generation airtanker fleet
shall instead be available until expended for the purpose of enhancing
firefighting mobility, effectiveness, efficiency, and safety.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire of
such vehicles; purchase, lease, operation, maintenance, and acquisition
of aircraft to maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
[[Page 674]]
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the heading ``Wildland Fire Management'' will be
obligated within 30 days: Provided, That all funds used pursuant to
this paragraph must be replenished by a supplemental appropriation which
must be requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the Department
of the Interior for wildland fire management, hazardous fuels
management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated to
the Forest Service by this Act to or within the National Forest System
Account, or reprogram funds to be used for the purposes of hazardous
fuels management and urgent rehabilitation of burned-over National
Forest System lands and water, such transferred funds shall remain
available through September 30, 2021: Provided, That none of the funds
transferred pursuant to this section shall be available for obligation
without written notification to and the prior approval of the Committees
on Appropriations of both Houses of Congress: Provided further, That
this section does not apply to funds appropriated to the FLAME Wildfire
Suppression Reserve Fund or funds derived from the Land and Water
Conservation Fund.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the Department
of State, and the Millennium Challenge Corporation), U.S. private sector
firms, institutions and organizations to provide technical assistance
and training programs overseas on forestry and rangeland management.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
<> None of the funds made available to the
Forest Service in this Act or any other Act with respect to any fiscal
year shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
[[Page 675]]
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b)
of Public Law 107-171 (7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture for
Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center and the Department of Agriculture's
International Technology Service.
Of the funds available to the Forest Service, up to $5,000,000 shall
be available for priority projects within the scope of the approved
budget, which shall be carried out by the Youth Conservation Corps and
shall be carried out under the authority of the Public Lands Corps Act
of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available to
the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, up to $3,000,000 may be advanced
in a lump sum to the National Forest Foundation to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest Service
programs: Provided, That of the Federal funds made available to the
Foundation, no more than $300,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain, by the
end of the period of Federal financial assistance, private contributions
to match funds made available by the Forest Service on at least a one-
for-one basis: Provided further, That the Foundation may transfer
Federal funds to a Federal or a non-Federal recipient for a project at
the same rate that the recipient has obtained the non-Federal matching
funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at least a one-
for-one basis by the Foundation or its sub-recipients: Provided
further, That the Foundation may transfer Federal funds to a Federal or
non-Federal recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
[[Page 676]]
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet the
non-Federal share requirement in section 502(c) of the Older Americans
Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Notwithstanding any other provision of law, of any appropriations or
funds available to the Forest Service, not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred as a result of OGC
assistance or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase negotiations and
similar matters unrelated to civil litigation. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through the Office
of Budget and Program Analysis, the Forest Service shall report no later
than 30 business days following the close of each fiscal quarter all
current and prior year unobligated balances, by fiscal year, budget line
item and account, to the House and Senate Committees on Appropriations.
The Forest Service shall submit, through the Office of Budget and
Program Analysis, to the Office of Management and Budget a proposed
system of administrative control of funds for its accounts, as described
in 31 U.S.C. 1514, not later than June 21, 2018.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$3,952,290,000, together with payments received during the fiscal year
pursuant to sections 231(b) and 233 of the Public Health Service Act (42
U.S.C. 238(b), 238b), for services furnished by the Indian Health
Service: Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any other
agreements or compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be
obligated at the time of the grant or contract award and thereafter
shall remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That $2,000,000 shall be
available
[[Page 677]]
for grants or contracts with public or private institutions to provide
alcohol or drug treatment services to Indians, including alcohol
detoxification services: Provided further, That $962,695,000 for
Purchased/Referred Care, including $53,000,000 for the Indian
Catastrophic Health Emergency Fund, shall remain available until
expended: Provided further, That of the funds provided, up to
$36,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That of the funds provided,
$11,000,000 shall remain available until expended to supplement funds
available for operational costs at tribal clinics operated under an
Indian Self-Determination and Education Assistance Act compact or
contract where health care is delivered in space acquired through a full
service lease, which is not eligible for maintenance and improvement and
equipment funds from the Indian Health Service, and $58,000,000 shall be
for costs related to or resulting from accreditation emergencies, of
which up to $4,000,000 may be used to supplement amounts otherwise
available for Purchased/Referred Care: Provided further, That the
amounts collected by the Federal Government as authorized by sections
104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a
and 1616a) during the preceding fiscal year for breach of contracts
shall be deposited to the Fund authorized by section 108A of that Act
(25 U.S.C. 1616a-1) and shall remain available until expended and,
notwithstanding section 108A(c) of that Act (25 U.S.C. 1616a-1(c)),
funds shall be available to make new awards under the loan repayment and
scholarship programs under sections 104 and 108 of that Act (25 U.S.C.
1613a and 1616a): Provided further, That the amounts made available
within this account for the Substance Abuse and Suicide Prevention
Program, for the Domestic Violence Prevention Program, for the Zero
Suicide Initiative, for the housing subsidy authority for civilian
employees, for aftercare pilot programs at Youth Regional Treatment
Centers, to improve collections from public and private insurance at
Indian Health Service and tribally operated facilities, and for
accreditation emergencies shall be allocated at the discretion of the
Director of the Indian Health Service and shall remain available until
expended: Provided further, That funds provided in this Act may be used
for annual contracts and grants for which the performance period falls
within 2 fiscal years, provided the total obligation is recorded in the
year the funds are appropriated: Provided further, That the amounts
collected by the Secretary of Health and Human Services under the
authority of title IV of the Indian Health Care Improvement Act shall
remain available until expended for the purpose of achieving compliance
with the applicable conditions and requirements of titles XVIII and XIX
of the Social Security Act, except for those related to the planning,
design, or construction of new facilities: Provided further, That
funding contained herein for scholarship programs under the Indian
Health Care Improvement Act shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further, That
the Bureau of Indian Affairs may collect from the Indian Health Service,
and from tribes and tribal organizations operating health
[[Page 678]]
facilities pursuant to Public Law 93-638, such individually identifiable
health information relating to disabled children as may be necessary for
the purpose of carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.): Provided further,
That of the funds provided, $72,280,000 is for the Indian Health Care
Improvement Fund and may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account: Provided
further, That the accreditation emergency funds may be used, as needed,
to carry out activities typically funded under the Indian Health
Facilities account.
contract support costs
For payments to tribes and tribal organizations for contract support
costs associated with Indian Self-Determination and Education Assistance
Act agreements with the Indian Health Service for fiscal year 2018, such
sums as may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this heading shall be
available for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $867,504,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to the
Indian Health Service and tribal facilities: Provided further, That
none of the funds appropriated to the Indian Health Service may be used
for sanitation facilities construction for new homes funded with grants
by the housing programs of the United States Department of Housing and
Urban Development: Provided further, That not to exceed $2,700,000 from
this account and the ``Indian Health Services'' account may be used by
the Indian Health Service to obtain ambulances for the Indian Health
Service and tribal facilities in conjunction with an existing
interagency agreement between the Indian Health Service and the General
Services Administration: Provided further, That not to exceed $500,000
may be placed in a Demolition Fund, to remain available until expended,
and be used by the Indian Health Service for the demolition of Federal
buildings.
[[Page 679]]
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally administered
or Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of
the facility providing the service and shall be available without fiscal
year limitation: Provided further, That notwithstanding any other law
or regulation, funds transferred from the Department of Housing and
Urban Development to the Indian Health Service shall be administered
under Public Law 86-121, the Indian Sanitation Facilities Act and Public
Law 93-638: Provided further, That funds appropriated to the Indian
Health Service in this Act, except those used for administrative and
program direction purposes, shall not be subject to limitations directed
at curtailing Federal travel and transportation: Provided further, That
none of the funds made available to the Indian Health Service in this
Act shall be used for any assessments or charges by the Department of
Health and Human Services unless identified in the budget justification
and provided in this Act, or approved by the House and Senate Committees
on Appropriations through the reprogramming process: Provided further,
That notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 5321 et seq. (title I), 5381 et seq. (title V)), may be
deobligated and reobligated to a self-determination contract under title
I, or a self-governance agreement under title V of such Act and
thereafter shall remain available to the tribe or tribal organization
without fiscal year limitation: Provided further, That none of the
funds made available to the Indian Health Service in this Act shall be
used to implement the final rule published in the Federal Register on
September 16, 1987, by the Department of Health and Human Services,
relating to the eligibility for the health care services of the Indian
Health Service until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the proposed
final rule, and such request has been included in an appropriations Act
and enacted into law: Provided further, That with respect to functions
transferred by the Indian Health Service
[[Page 680]]
to tribes or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities on a
reimbursable basis, including payments in advance with subsequent
adjustment, and the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian Self-
Determination Act, may be credited to the same or subsequent
appropriation account from which the funds were originally derived, with
such amounts to remain available until expended: Provided further, That
reimbursements for training, technical assistance, or services provided
by the Indian Health Service will contain total costs, including direct,
administrative, and overhead costs associated with the provision of
goods, services, or technical assistance: Provided further, That the
Indian Health Service may provide to civilian medical personnel serving
in hospitals operated by the Indian Health Service housing allowances
equivalent to those that would be provided to members of the
Commissioned Corps of the United States Public Health Service serving in
similar positions at such hospitals: Provided further, That the
appropriation structure for the Indian Health Service may not be altered
without advance notification to the House and Senate Committees on
Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986, $77,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $74,691,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2018, and existing profiles may be updated as necessary.
[[Page 681]]
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
to exceed $750 for official reception and representation expenses,
$3,000,000: Provided, That notwithstanding section 202 of the National
Environmental Policy Act of 1970, the Council shall consist of one
member, appointed by the President, by and with the advice and consent
of the Senate, serving as chairman and exercising all powers, functions,
and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376, $11,000,000:
Provided, That the Chemical Safety and Hazard Investigation Board
(Board) shall have not more than three career Senior Executive Service
positions: Provided further, <> That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection Agency
(EPA) shall, by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That notwithstanding
any other provision of law, the Inspector General of the Board shall
utilize personnel of the Office of Inspector General of EPA in
performing the duties of the Inspector General of the Board, and shall
not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $15,431,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi Tribe
unless a
[[Page 682]]
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one new or
replacement home: Provided further, That the Office shall relocate any
certified eligible relocatees who have selected and received an approved
homesite on the Navajo reservation or selected a replacement residence
off the Navajo reservation or on the land acquired pursuant to section
11 of Public Law 93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $9,835,000, which shall
become available on July 1, 2018, and shall remain available until
September 30, 2019.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $731,444,000, to remain available until September 30, 2019,
except as otherwise provided herein; of which not to exceed $6,908,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, and the repatriation of skeletal remains program shall
remain available until expended; and including such funds as may be
necessary to support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments to
independent contractors performing research services or participating in
official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by contract
or otherwise, as authorized by section 2 of the Act of August 22, 1949
(63 Stat. 623), and for construction, including necessary personnel,
$311,903,000, to remain available until expended, of which not to exceed
$10,000 shall be for services as authorized by 5 U.S.C. 3109.
[[Page 683]]
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $141,790,000,
to remain available until September 30, 2019, of which not to exceed
$3,620,000 for the special exhibition program shall remain available
until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease agreements
of no more than 10 years, with no extensions or renewals beyond the 10
years, that address space needs created by the ongoing renovations in
the Master Facilities Plan, as authorized, $24,203,000, to remain
available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $23,740,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $16,775,000, to remain available until
expended.
[[Page 684]]
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $12,000,000, to
remain available until September 30, 2019.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $152,849,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for administering the
functions of the Act, to remain available until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $152,848,000 to remain available
until expended, of which $141,548,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $11,300,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $9,100,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to $10,000,
if in the aggregate the amount of such grants does not exceed 5 percent
of the sums appropriated for grantmaking purposes per year: Provided
further, That such small
[[Page 685]]
grant actions are taken pursuant to the terms of an expressed and direct
delegation of authority from the National Council on the Arts to the
Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $2,762,000: Provided, That the Commission
is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork, drawings
and artifacts, that pertain to the history and design of the Nation's
Capital or the history and activities of the Commission of Fine Arts,
for the purpose of artistic display, study, or education: Provided
further, That one-tenth of one percent of the funds provided under this
heading may be used for official reception and representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956a), $2,750,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,400,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,099,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with hosting
international visitors engaged in the planning and physical development
of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $59,000,000, of which
$1,715,000 shall remain available until September 30, 2020, for the
Museum's equipment replacement program; and of which $4,000,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
[[Page 686]]
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
capital construction
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor of Dwight
D. Eisenhower, as authorized by Public Law 106-79, $45,000,000, to
remain available until expended: Provided, That the contract with
respect to the procurement shall contain the ``availability of funds''
clause described in section 52.232.18 of title 48, Code of Federal
Regulations: Provided further, That the funds appropriated herein shall
be deemed to satisfy the criteria for issuing a permit contained in 40
U.S.C. 8906(a)(4) and (b).
women's suffrage centennial commission
salaries and expenses
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial Commission
Act (section 431(a)(3) of division G of Public Law 115-31), $1,000,000,
to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial Commission
Act, as authorized by the World War I Centennial Commission Act (Public
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), for
necessary expenses of the World War I Centennial Commission, $7,000,000,
to remain available until expended: Provided, That in addition to the
authority provided by section 6(g) of such Act, the World War I
Commission may accept money, in-kind personnel services, contractual
support, or any appropriate support from any executive branch agency for
activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or opposition
to any legislative proposal on which Congressional action is not
complete other than to communicate to Members of Congress as described
in 18 U.S.C. 1913.
[[Page 687]]
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and subactivities
to support government-wide, departmental, agency, or bureau
administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2019, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
[[Page 688]]
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2018.
contract support costs, fiscal year 2018 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2018 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2018 with
the Bureau of Indian Affairs or the Indian Health Service: Provided,
That such amounts provided by this Act are not available for payment of
claims for contract support costs for prior years, or for repayments of
payments for settlements or judgments awarding contract support costs
for prior years.
forest management plans
Sec. 407. <> The Secretary of Agriculture
shall not be considered to be in violation of section 6(f)(5)(A) of the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)(A)) solely because more than 15 years have passed without
revision of the plan for a unit of the National Forest System. Nothing
in this section exempts the Secretary from any other requirement of the
Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to revise
a plan for a unit of the National Forest System, this section shall be
void with respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where such
activities are allowed under the Presidential proclamation establishing
such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the
[[Page 689]]
Everglades National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of Florida to
acquire lands for Everglades restoration purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment
of this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in this Act,
shall, subject to subsections (b) and (c), post on the public website of
that agency any report required to be submitted by the Congress in this
or any other Act, upon the determination by the head of the agency that
it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee or
Committees of Congress for no less than 45 days.
[[Page 690]]
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made to
a State or local arts agency, or regional group, may be used to
make a grant to any other organization or individual to conduct
activity independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in exchange for
goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
[[Page 691]]
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 415. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity.
prohibition on use of funds
Sec. 416. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of permits
under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon
dioxide, nitrous oxide, water vapor, or methane emissions resulting from
biological processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 417. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 418. None of the funds made available by this or any other Act
may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) or any other law.
contracting authorities
Sec. 419. Section 412 of Division E of Public Law 112-74 is amended
by striking ``fiscal year 2017'' and inserting ``fiscal year 2019''.
chesapeake bay initiative
Sec. 420. <> Section 502(c) of the
Chesapeake Bay Initiative Act of 1998 (Public Law 105-312; 16 U.S.C. 461
note) is amended by striking ``2017'' and inserting ``2019''.
extension of grazing permits
Sec. 421. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the Forest
Service on any lands not subject to administration
[[Page 692]]
under section 402 of the Federal Lands Policy and Management Act (43
U.S.C. 1752), shall remain in effect for fiscal year 2018.
funding prohibition
Sec. 422. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
forest service facility realignment and enhancement act
Sec. 423. Section 503(f) of the Forest Service Facility Realignment
and Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109-54) is
amended by striking ``2016'' and inserting ``2018''.
use of american iron and steel
Sec. 424. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves, structural
steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including on
the official public Internet Web site of the Environmental Protection
Agency.
(d) This section shall be applied in a manner consistent with United
States obligations under international agreements.
[[Page 693]]
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this section.
midway island
Sec. 425. None of the funds made available by this Act may be used
to destroy any buildings or structures on Midway Island that have been
recommended by the United States Navy for inclusion in the National
Register of Historic Places (54 U.S.C. 302101).
john f. kennedy center reauthorization
Sec. 426. Section 13 of the John F. Kennedy Center Act (20 U.S.C.
76r) is amended by striking subsections (a) and (b) and inserting the
following:
``(a) Maintenance, Repair, and Security.--There is authorized to be
appropriated to the Board to carry out section 4(a)(1)(H), $23,740,000
for fiscal year 2018.
``(b) Capital Projects.--There is authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1),
$16,775,000 for fiscal year 2018.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 427. The Secretary of the Interior is authorized to enter into
grants and cooperative agreements with volunteer fire departments, rural
fire departments, rangeland fire protection associations, and similar
organizations to provide for wildland fire training and equipment,
including supplies and communication devices. Notwithstanding 121(c) of
title 40, United States Code, or section 521 of title 40, United States
Code, the Secretary is further authorized to transfer title to excess
Department of the Interior firefighting equipment no longer needed to
carry out the functions of the Department's wildland fire management
program to such organizations.
alaska native regional health entities
Sec. 428. Section 424 of the Consolidated Appropriations Act, 2014
(Public Law 113-76) is amended by striking ``2018'' and inserting
``2019''.
treatment of certain hospitals
Sec. 429. Section 1886(d)(12)(C) of the Social Security Act (42
U.S.C. 1395ww(d)(12)(C)) is amended by adding at the end the following
new clause:
``(iii) Treatment of indian health service and non-
indian health service facilities.--For purposes of
determining whether--
``(I) a subsection (d) hospital of the Indian
Health Service (whether operated by such Service
or by an Indian tribe or tribal organization (as
those terms are defined in section 4 of the Indian
Health Care Improvement Act)), or
[[Page 694]]
``(II) a subsection (d) hospital other than a
hospital of the Indian Health Service meets the
mileage criterion under clause (i) with respect to
fiscal year 2011 or a succeeding fiscal year, the
Secretary shall apply the policy described in the
regulation at part 412.101(e) of title 42, Code of
Federal Regulations (as in effect on the date of
enactment of this clause).''.
infrastructure
Sec. 430. (a) For an additional amount for ``Environmental
Protection Agency--Hazardous Substance Superfund'', $63,000,000, of
which $54,389,000 shall be for the Superfund Remedial program and
$8,611,000 shall be for the Superfund Emergency Response and Removal
program, to remain available until expended, consisting of such sums as
are available in the Trust Fund on September 30, 2017, as authorized by
section 517(a) of the Superfund Amendments and Reauthorization Act of
1986 (SARA) and up to $63,000,000 as a payment from general revenues to
the Hazardous Substance Superfund for purposes as authorized by section
517(b) of SARA.
(b) For an additional amount for ``Environmental Protection Agency--
State and Tribal Assistance Grants,'' for environmental programs and
infrastructure assistance, including capitalization grants for State
revolving funds and performance partnership grants, $650,000,000 to
remain available until expended, of which--
(1) $300,000,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $300,000,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking
Water Act;
(2) $20,000,000 shall be for grants for small and
disadvantaged communities authorized in section 2104 of the
Water Infrastructure Improvements for the Nation Act (Public Law
114-322);
(3) $20,000,000 shall be for grants for lead testing in
school and child care program drinking water authorized in
section 2107 of the Water Infrastructure Improvements for the
Nation Act (Public Law 114-322);
(4) $10,000,000 shall be for grants for reducing lead in
drinking water authorized in section 2105 of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322).
(c) For an additional amount for ``Environmental Protection Agency--
Water Infrastructure Finance and Innovation Program Account'',
$53,000,000, to remain available until expended, for the cost of direct
loans, for the cost of guaranteed loans, and for administrative expenses
to carry out the direct and guaranteed loan programs, of which
$3,000,000, to remain available until September 30, 2019, may be used
for such administrative expenses: Provided, That these additional funds
are available to subsidize gross obligations for the principal amount of
direct loans, including capitalized interest, and total loan principal,
including capitalized interest, any part of which is to be guaranteed,
not to exceed $6,100,000,000.
[[Page 695]]
policies relating to biomass energy
Sec. 431. To support the key role that forests in the United States
can play in addressing the energy needs of the United States, the
Secretary of Energy, the Secretary of Agriculture, and the Administrator
of the Environmental Protection Agency shall, consistent with their
missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of
forest biomass for energy, conservation, and responsible
forest management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies that--
(A) reflect the carbon-neutrality of forest
bioenergy and recognize biomass as a renewable energy
source, provided the use of forest biomass for energy
production does not cause conversion of forests to non-
forest use.
(B) encourage private investment throughout the
forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use
forest biomass.
clarification of exemptions
Sec. 432. None of the funds made available in this Act may be used
to require a permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for the
activities identified in subparagraphs (A) and (C) of section 404(f)(1)
of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
small remote incinerators
Sec. 433. None of the funds made available in this Act may be used
to implement or enforce the regulation issued on March 21, 2011 at 40
CFR part 60 subparts CCCC and DDDD with respect to units in the State of
Alaska that are defined as ``small, remote incinerator'' units in those
regulations and, until a subsequent regulation is issued, the
Administrator shall implement the law and regulations in effect prior to
such date.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2018''.
[[Page 696]]
DIVISION H-- <> DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
TITLE I <>
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA''), the Second Chance Act of
2007, and the National Apprenticeship Act, $3,486,200,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,789,832,000 as follows:
(A) $845,556,000 for adult employment and training
activities, of which $133,556,000 shall be available for
the period July 1, 2018 through June 30, 2019, and of
which $712,000,000 shall be available for the period
October 1, 2018 through June 30, 2019;
(B) $903,416,000 for youth activities, which shall
be available for the period April 1, 2018 through June
30, 2019; and
(C) $1,040,860,000 for dislocated worker employment
and training activities, of which $180,860,000 shall be
available for the period July 1, 2018 through June 30,
2019, and of which $860,000,000 shall be available for
the period October 1, 2018 through June 30, 2019:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not
be subject to the requirements of section 127(b)(1)(B)(ii) of
such Act; and
(2) for national programs, $696,368,000 as follows:
(A) $220,859,000 for the dislocated workers
assistance national reserve, of which $20,859,000 shall
be available for the period July 1, 2018 through
September 30, 2019, and of which $200,000,000 shall be
available for the period October 1, 2018 through
September 30, 2019: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIOA may be used
to provide assistance to a State for statewide or local
use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with
emerging economic development needs; and train such
eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c)
of the WIOA may be used for technical assistance and
demonstration projects, respectively, that provide
assistance to new entrants in the workforce and
incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary of Labor
(referred to in this title as ``Secretary'') may reserve
not more than 10 percent of such
[[Page 697]]
funds to provide technical assistance and carry out
additional activities related to the transition to the
WIOA: Provided further, That of the funds provided
under this subparagraph, $30,000,000 shall be for
training and employment assistance under sections
168(b), 169(c) (notwithstanding the 10 percent
limitation in such section) and 170 of the WIOA for
workers in the Appalachian region, as defined by 40
U.S.C. 14102(a)(1) and workers in the Lower Mississippi,
as defined in section 4(2) of the Delta Development Act
(Public Law 100-460, 102 Stat. 2246; 7 U.S.C.
2009aa(2));
(B) $54,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2018 through June 30, 2019;
(C) $87,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$81,447,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $5,922,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $527,000 for other discretionary
purposes, which shall be available for the period July
1, 2018 through June 30, 2019: Provided, That
notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance services or
discouraging grantees from providing such services;
(D) $89,534,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2018 through June 30,
2019;
(E) $93,079,000 for ex-offender activities, under
the authority of section 169 of the WIOA and section 212
of the Second Chance Act of 2007, which shall be
available for the period April 1, 2018 through June 30,
2019: Provided, That of this amount, $25,000,000 shall
be for competitive grants to national and regional
intermediaries for activities that prepare young ex-
offenders and school dropouts for employment, with a
priority for projects serving high-crime, high-poverty
areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2018 through June 30, 2019; and
(G) $145,000,000 to expand opportunities relating to
apprenticeship programs registered under the National
Apprenticeship Act, to be available to the Secretary to
carry out activities through grants, cooperative
agreements, contracts and other arrangements, with
States and other appropriate entities, which shall be
available for the period April 1, 2018 through June 30,
2019.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
[[Page 698]]
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training centers
as authorized by the WIOA, $1,718,655,000, plus reimbursements, as
follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2018 through June 30, 2019;
(2) $83,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2018 through June 30, 2021, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, That any funds transferred pursuant to the preceding
provision shall not be available for obligation after June 30,
2019: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2017
through September 30, 2018:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred to
in this Act as ``OAA''), $400,000,000, which shall be available for the
period April 1, 2018 through June 30, 2019, and may be recaptured and
reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2018 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011 and section 405(a) of the Trade Preferences Extension Act of
2015, $790,000,000 together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2018: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of the Trade
Act of 1974 (19 U.S.C. 2317(c)).
[[Page 699]]
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000, together with
not to exceed $3,380,625,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,639,600,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $120,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews, and to provide reemployment
services and referrals to training as appropriate, for claimants
of unemployment insurance for ex-service members under 5 U.S.C.
8521 et. seq. and for claimants of regular unemployment
compensation, including those who are profiled as most likely to
exhaust their benefits in each State: Provided, That such
activities shall not be subject to section 306 of the Social
Security Act; and $9,000,000 for continued support of the
Unemployment Insurance Integrity Center of Excellence), the
administration of unemployment insurance for Federal employees
and for ex-service members as authorized under 5 U.S.C. 8501-
8523, and the administration of trade readjustment allowances,
reemployment trade adjustment assistance, and alternative trade
adjustment assistance under the Trade Act of 1974 and under
section 231(a) of the Trade Adjustment Assistance Extension Act
of 2011 and section 405(a) of the Trade Preferences Extension
Act of 2015, and shall be available for obligation by the States
through December 31, 2018, except that funds used for automation
shall be available for Federal obligation through December 31,
2018, and for State obligation through September 30, 2020, or,
if the automation is being carried out through consortia of
States, for State obligation through September 30, 2023, and for
expenditure through September 30, 2024, and funds for
competitive grants awarded to States for improved operations and
to conduct in-person reemployment and eligibility assessments
and unemployment insurance improper payment reviews and provide
reemployment services and referrals to training, as appropriate,
shall be available for Federal obligation through December 31,
2018, and for obligation by the States through September 30,
2020, and funds for the Unemployment Insurance Integrity Center
of Excellence shall be available for obligation by the State
through September 30, 2019, and funds used for unemployment
insurance workloads experienced through September 30, 2018 shall
be available for Federal obligation through December 31, 2018;
(2) $13,897,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $645,000,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for grants
to States in accordance with section 6 of the Wagner-Peyser Act,
and shall be available for Federal obligation for the period
July 1, 2018 through June 30, 2019;
[[Page 700]]
(4) $19,818,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986, and the provision of technical
assistance and staff training under the Wagner-Peyser Act;
(5) $62,310,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and related
laws, of which $48,028,000 shall be available for the Federal
administration of such activities, and $14,282,000 shall be
available for grants to States for the administration of such
activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2018
through June 30, 2019:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2018 is projected by the
Department of Labor to exceed 2,246,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other States
in carrying out activities under such title III if the other States
include areas that have suffered a major disaster declared by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the Social Security
Act to make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act: Provided
further, That the Secretary may use funds appropriated for grants to
States under title III of the Social Security Act to make payments on
behalf of States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated in this Act
which are used to establish a national one-stop career center system, or
which are used to support the national activities of the Federal-State
unemployment insurance, employment service, or immigration programs, may
be obligated in contracts, grants, or agreements with States and non-
State entities: Provided further, That States awarded competitive
grants for improved operations under title III of the Social Security
Act, or awarded grants to support the national activities of the
Federal-State unemployment insurance system, may award subgrants to
other States and non-State entities under such grants, subject to the
conditions applicable to the grants: Provided further, That funds
appropriated under this Act for activities authorized under title III of
the Social Security Act and the Wagner-Peyser Act may be used by States
to fund integrated Unemployment Insurance and Employment Service
automation efforts, notwithstanding cost allocation principles
prescribed under the final rule entitled ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards'' at part 200 of title 2, Code of Federal Regulations: Provided
further, That the Secretary, at the request of a State participating in
a consortium with other States, may reallot funds allotted to
[[Page 701]]
such State under title III of the Social Security Act to other States
participating in the consortium in order to carry out activities that
benefit the administration of the unemployment compensation law of the
State making the request: Provided further, That the Secretary may
collect fees for the costs associated with additional data collection,
analyses, and reporting services relating to the National Agricultural
Workers Survey requested by State and local governments, public and
private institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions of 29
U.S.C. 9a, for the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and reporting
needs of such entities, which shall be credited to this appropriation
and shall remain available until September 30, 2019, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the Black
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security Act,
to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to
the ``Federal Unemployment Benefits and Allowances'' account, such sums
as may be necessary, which shall be available for obligation through
September 30, 2019.
program administration
For expenses of administering employment and training programs,
$108,674,000, together with not to exceed $49,982,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall be made
available through September 30, 2019, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through September
30, 2018, for the Corporation: Provided, That none of the funds
available to the Corporation for fiscal year 2018 shall be available for
obligations for
[[Page 702]]
administrative expenses in excess of $424,417,000: Provided further,
That to the extent that the number of new plan participants in plans
terminated by the Corporation exceeds 100,000 in fiscal year 2018, an
amount not to exceed an additional $9,200,000 shall be available through
September 30, 2019, for obligation for administrative expenses for every
20,000 additional terminated participants: Provided further, That
obligations in excess of the amounts provided in this paragraph may be
incurred for unforeseen and extraordinary pretermination expenses or
extraordinary multiemployer program related expenses after approval by
the Office of Management and Budget and notification of the Committees
on Appropriations of the House of Representatives and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $227,500,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management Standards,
$40,187,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract Compliance
Programs, $103,476,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $115,424,000, together with $2,177,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by 5 U.S.C. 81; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal Security
Agency Appropriation Act, 1947; the Employees' Compensation Commission
Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C.
App. 2012); obligations incurred under the War Hazards Compensation Act
(42 U.S.C. 1701 et seq.); and 50 percent of the additional compensation
and
[[Page 703]]
benefits required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $220,000,000, together with such amounts as may be
necessary to be charged to the subsequent year appropriation for the
payment of compensation and other benefits for any period subsequent to
August 15 of the current year, for deposit into and to assume the
attributes of the Employees' Compensation Fund established under 5
U.S.C. 8147(a): Provided, That amounts appropriated may be used under 5
U.S.C. 8104 by the Secretary to reimburse an employer, who is not the
employer at the time of injury, for portions of the salary of a re-
employed, disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2017, shall remain available
until expended for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its
fair share of the cost of administration, such sums as the Secretary
determines to be the cost of administration for employees of such fair
share entities through September 30, 2018: Provided further, That of
those funds transferred to this account from the fair share entities to
pay the cost of administration of the Federal Employees' Compensation
Act, $71,188,000 shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$24,540,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $21,946,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $54,319,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2019, $15,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000, to remain
available until expended: Provided, That the Secretary may
[[Page 704]]
require that any person filing a claim for benefits under the Act
provide as part of such claim such identifying information (including
Social Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such <> sums as may be necessary from the
Black Lung Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by section
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and
repayment of, and payment of interest on advances, as authorized by
section 9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2018 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): not to exceed $38,246,000 for transfer to the Office
of Workers' Compensation Programs, ``Salaries and Expenses''; not to
exceed $31,994,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $330,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $552,787,000, including not to exceed $100,850,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act (the ``Act''), which
grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law
to be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31 U.S.C.
3302, the Secretary is authorized, during the fiscal year ending
September 30, 2018, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within
[[Page 705]]
a category having a Days Away, Restricted, or Transferred (``DART'')
occupational injury and illness rate, at the most precise industrial
classification code for which such data are published, less than the
national average rate as such rates are most recently published by the
Secretary, acting through the Bureau of Labor Statistics, in accordance
with section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to
a report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $10,537,000 shall be available for Susan Harwood training
grants, of which the Secretary shall reserve not less than $4,500,000
for Susan Harwood Training Capacity Building Developmental grants, as
described in Funding Opportunity Number SHTG-GY-16-02 (referenced in the
notice of availability of funds published in the Federal Register on May
3, 2016 (81 Fed. Reg. 30568)) for program activities starting not later
than September 30, 2018 and lasting for a period of 12 months: Provided
further, That not less than $3,500,000 shall be for Voluntary Protection
Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $373,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That amounts
available for State assistance grants may be used for the purchase and
maintenance of new equipment required by the final rule entitled
``Lowering Miners' Exposure to Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors'' published by the Department of Labor
in the Federal Register on May 1, 2014 (79 Fed. Reg. 24813 et seq.), for
operators that demonstrate financial need as determined by the
Secretary: Provided
[[Page 706]]
further, That notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may
be collected by the National Mine Health and Safety Academy for room,
board, tuition, and the sale of training materials, otherwise authorized
by law to be collected, to be available for mine safety and health
education and training activities: Provided further <> , That notwithstanding 31 U.S.C. 3302, the Mine Safety and
Health Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and may utilize
such sums for such activities: Provided further <> ,
That the Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the
mining community through cooperative programs with States, industry, and
safety associations: Provided further, That the Secretary is authorized
to recognize the Joseph A. Holmes Safety Association as a principal
safety association and, notwithstanding any other provision of law, may
provide funds and, with or without reimbursement, personnel, including
service of Mine Safety and Health Administration officials as officers
in local chapters or in the national organization: Provided further,
That any funds available to the Department of Labor may be used, with
the approval of the Secretary, to provide for the costs of mine rescue
and survival operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $547,000,000, together with not
to exceed $65,000,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $38,203,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $337,536,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the
[[Page 707]]
Unemployment Trust Fund: Provided, That $59,825,000 for the Bureau of
International Labor Affairs shall be available for obligation through
December 31, 2018: Provided further, That funds available to the Bureau
of International Labor Affairs may be used to administer or operate
international labor activities, bilateral and multilateral technical
assistance, and microfinance programs, by or through contracts, grants,
subgrants and other arrangements: Provided further, That not more than
$53,825,000 shall be for programs to combat exploitative child labor
internationally and not less than $6,000,000 shall be used to implement
model programs that address worker rights issues through technical
assistance in countries with which the United States has free trade
agreements or trade preference programs: Provided further, That
$8,040,000 shall be used for program evaluation and shall be available
for obligation through September 30, 2019: Provided further, That funds
available for program evaluation may be used to administer grants for
the purpose of evaluation: Provided further, That grants made for the
purpose of evaluation shall be awarded through fair and open
competition: Provided further, That funds available for program
evaluation may be transferred to any other appropriate account in the
Department for such purpose: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer: Provided further,
That the funds available to the Women's Bureau may be used for grants to
serve and promote the interests of women in the workforce: Provided
further, That of the amounts made available to the Women's Bureau,
$994,000 shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act.
veterans employment and training
Not to exceed $245,041,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United States
Code, of which:
(1) $180,000,000 is for Jobs for Veterans State grants under
38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach
program specialists under section 4103A of such title and local
veterans' employment representatives under section 4104(b) of
such title, and for the expenses described in section
4102A(b)(5)(C), which shall be available for obligation by the
States through December 31, 2018, and not to exceed 3 percent
for the necessary Federal expenditures for data systems and
contract support to allow for the tracking of participant and
performance information: Provided, That, in addition, such
funds may be used to support such specialists and
representatives in the provision of services to transitioning
members of the Armed Forces who have participated in the
Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $19,500,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
[[Page 708]]
(3) $42,127,000 is for Federal administration of chapters
41, 42, and 43 of title 38, United States Code; and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $50,000,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2018, to
provide services under such section: Provided further, That services
provided under section 2023 may include, in addition to services to the
individuals described in subsection (e) of such section, services to
veterans recently released from incarceration who are at risk of
homelessness.
In addition, fees may be assessed and deposited in the HIRE Vets
Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, as
amended herein, and such amounts shall be available to the Secretary to
carry out the HIRE Vets Medallion Award Program, as authorized by such
Act, and shall remain available until expended: Provided, That such
sums shall be in addition to any other funds available for such
purposes, including funds available under paragraph (3) of this heading:
Provided further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall
not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $20,769,000, which shall be available through
September 30, 2019.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$83,487,000, together with not to exceed $5,660,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year
[[Page 709]]
for the Department of Labor in this Act may be transferred between a
program, project, or activity, but no such program, project, or activity
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of the
funds made available to the Department of Labor for grants under section
414(c) of the American Competitiveness and Workforce Improvement Act of
1998 (29 U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older than 16 years
of age and are not currently enrolled in school within a local
educational agency in the occupations and industries for which employers
are using H-1B visas to hire foreign workers, and the related activities
necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses of
an individual, either as direct costs or indirect costs, at a rate in
excess of Executive Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of Management and
Budget Circular A-133. Where States are recipients of such funds, States
may establish a lower limit for salaries and bonuses of those receiving
salaries and bonuses from subrecipients of such funds, taking into
account factors including the relative cost-of-living in the State, the
compensation levels for comparable State or local government employees,
and the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not more
than 0.5 percent of each discretionary appropriation made available to
the Employment and Training Administration by this Act to ``Program
Administration'' in order to carry out program integrity activities
relating to any of the programs or activities
[[Page 710]]
that are funded under any such discretionary appropriations: Provided,
That notwithstanding section 102 and the preceding proviso, the
Secretary may transfer not more than 0.5 percent of funds made available
in paragraphs (1) and (2) of the ``Office of Job Corps'' account to
paragraph (3) of such account to carry out program integrity activities
related to the Job Corps program: Provided further, That funds
transferred under the authority provided by this subsection shall be
available for obligation through September 30, 2019.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2019: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of Representatives
and the Senate describing the evaluations to be carried out 15 days in
advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment for
Older Americans'', ``State Unemployment Insurance and Employment Service
Operations'', ``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office
of Federal Contract Compliance Programs'', ``Office of Labor Management
Standards'', ``Occupational Safety and Health Administration'', ``Mine
Safety and Health Administration'', ``Office of Disability Employment
Policy'', funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental Management,
Salaries and Expenses'' account, and ``Veterans Employment and
Training''.
Sec. 108. Notwithstanding any other provision of law, beginning
October 1, 2017, the Secretary of Labor, in consultation with the
Secretary of Agriculture may select an entity to operate a Civilian
Conservation Center on a competitive basis in accordance with section
147 of the WIOA, if the Secretary of Labor determines such Center has
had consistently low performance under the performance accountability
system in effect for the Job Corps program prior to July 1, 2016, or
with respect to expected levels of performance established under section
159(c) of such Act beginning July 1, 2016.
Sec. 109. (a) Section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) shall be applied as if the following text is part of such
section:
``(s)(1) The provisions of this section shall not apply for a period
of 2 years after the occurrence of a major disaster to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
[[Page 711]]
marketing property, casualty, or liability insurance policies or
contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in any
of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses arising
from or relating to a disaster, witnesses, or
physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C)
relating to a major disaster, and is employed by an employer
that maintains worker compensation insurance coverage or
protection for its employees, if required by applicable law, and
withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the outstanding
shares of any class of voting securities of one or more
companies, directly or indirectly, controls, is controlled by,
or is under common control with, another company.''.
(b) This section shall be effective on the date of enactment of this
Act.
(rescission)
Sec. 110. Of the funds made available under the heading
``Employment and Training Administration-Training and Employment
Services'' in division H of Public Law 115-31, $12,500,000 is rescinded,
to be derived from the amount made available in paragraph (2)(A) under
such heading for the period October 1, 2017, through September 30, 2018.
Sec. 111. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition for
H-2B nonimmigrants filed by an employer in the seafood industry
is granted, the employer may bring the nonimmigrants described
in the petition into the United States at any time
[[Page 712]]
during the 120-day period beginning on the start date for which
the employer is seeking the services of the nonimmigrants
without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the start
date for which the employer is seeking the services of the
nonimmigrants unless the employer--
(A) completes a new assessment of the local labor
market by--
(i) listing job orders in local newspapers on
2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better qualified
United States worker who--
(i) applies for the job; and
(ii) will be available at the time and place
of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into the United States
during the 120-day period specified in paragraph (1) to be
staggering the date of need in violation of section 655.20(d) of
title 20, Code of Federal Regulations, or any other applicable
provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 112. The determination of prevailing wage for the purposes of
the H-2B program shall be the greater of--(1) the actual wage level paid
by the employer to other employees with similar experience and
qualifications for such position in the same location; or (2) the
prevailing wage level for the occupational classification of the
position in the geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time of filing
the petition. In the determination of prevailing wage for the purposes
of the H-2B program, the Secretary shall accept private wage surveys
even in instances where Occupational Employment Statistics survey data
are available unless the Secretary determines that the methodology and
data in the provided survey are not statistically supported.
Sec. 113. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 114. Notwithstanding any other provision of law, the Secretary
may furnish through grants, cooperative agreements, contracts, and other
arrangements, up to $2,000,000 of excess personal property to
apprenticeship programs for the purpose of training apprentices in those
programs.
Sec. 115. The proviso at the end of paragraph (1) under the heading
``Department of Labor--Employment and Training
[[Page 713]]
Administration--State Unemployment Insurance and Employment Service
Operations'' in title I of division G of Public Law 113-235 shall be
applied in fiscal year 2018 by substituting ``seven'' for ``six''.
Sec. 116. Section 5(b) of the HIRE Vets Act (division O of Public
Law 115-31) <> is amended to read as follows:
``(b) To the extent provided in advance in appropriations Acts, the
Secretary may assess a reasonable fee on employers that apply for
receipt of a HIRE Vets Medallion Award and the Secretary shall deposit
such fees into the HIRE Vets Medallion Award Fund. The Secretary shall
establish the amount of the fee such that the amounts collected as fees
and deposited into the Fund are sufficient to cover the costs associated
with carrying out this division.''.
Sec. 117. (a) The Act entitled ``An Act to create a Department of
Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be
applied as if the following text is part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to employ
law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate family
of the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and to
the members of the immediate family of the Secretary if there is
a unique and articulable threat of physical harm, in accordance
with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor or
another senior officer representing the Secretary of Labor at a
public event if there is a unique and articulable threat of
physical harm, in accordance with guidelines established by the
Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense against
the United States committed in the presence of such officer or
special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
[[Page 714]]
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any authority
provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of enactment of this
Act.
Sec. 118. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center is
situated. Any sale or other disposition will not be subject to any
requirement of any Federal law or regulation relating to the disposition
of Federal real property, including but not limited to Subchapter III of
Chapter 5 of Title 40 of the United States Code and Subchapter V of
Chapter 119 of Title 42 of the United States Code. The net proceeds of
such a sale shall be transferred to the Secretary, which shall be
available until expended to carry out the Job Corps Program.
This title may be cited as the ``Department of Labor Appropriations
Act, 2018''.
TITLE II <>
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,626,522,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than $114,893,000
shall be available until expended for carrying out subsections (g)
through (n) and (q) of section 224 of the PHS Act, and for expenses
incurred by the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made under such
law: Provided further, That the ninth provisos under the heading
``Department of Health and Human Services--Health Resources and Services
Administration--Health Resources and Services'' in Public Laws 104-208
and 105-78 are amended by striking ``$80,000,000'' and inserting
``$152,700,000'' in each such ninth proviso and by adding at the end of
each such ninth proviso the following new proviso: ``Provided further,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:'':
Provided further, That of funds provided for the Health Centers program,
as defined by section 330 of the PHS Act, by this Act or any other Act
for fiscal year 2018, not less than $200,000,000 shall be obligated in
fiscal year 2018 for improving quality of care or expanded service
grants under section 330 of the PHS Act to support and enhance
behavioral health, mental health, or substance use disorder services.
Of the funds made available under this heading, $20,000,000 shall
remain available until expended for the cost of guaranteed
[[Page 715]]
loans, as authorized under part A of title XVI of the PHS Act, for non-
Federal lenders for the construction, renovation, and modernization of
medical facilities that are operated by health centers: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$743,494,000.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,060,695,000, of which $111,916,000 shall remain available through
September 30, 2019 to carry out sections 755 and 756 of the PHS Act:
Provided, That sections 747(c)(2), 751(j)(2), 762(k), and the
proportional funding amounts in paragraphs (1) through (4) of section
756(f) of the PHS Act shall not apply to funds made available under this
heading: Provided further <> , That for any
program operating under section 751 of the PHS Act on or before January
1, 2009, the Secretary of Health and Human Services (referred to in this
title as the ``Secretary'') may hereafter waive any of the requirements
contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the
full project period of a grant under such section: Provided further,
That no funds shall be available for section 340G-1 of the PHS Act:
Provided further, That fees collected for the disclosure of information
under section 427(b) of the Health Care Quality Improvement Act of 1986
and sections 1128E(d)(2) and 1921 of the Social Security Act shall be
sufficient to recover the full costs of operating the programs
authorized by such sections and shall remain available until expended
for the National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart 3 of
part D of title III of the PHS Act may be used to make prior year
adjustments to awards made under such sections: Provided further, That
$105,000,000 shall remain available until expended, for the purposes of
providing primary health services, be used to assign National Health
Service Corps (``NHSC'') members to expand the delivery of substance use
disorder treatment services, notwithstanding the assignment priorities
and limitations in or under sections 333(a)(1)(D), 333(b), and
333A(a)(1)(B)(ii) of the PHS Act, and to make NHSC Loan Repayment
Program awards under section 338B of such Act: Provided further, That
for purposes of the previous proviso, section 331(a)(3)(D) of the PHS
Act shall be applied as if the term ``primary health services'' includes
clinical substance use disorder treatment services, including those
provided by masters level, licensed substance use disorder treatment
counselors.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health, title V of the Social Security
Act, and section 712 of the American Jobs Creation Act of 2004,
$886,789,000, of which $10,000,000 shall remain available through
September 30, 2022 to carry out section 330M of the PHS Act: Provided,
That notwithstanding sections 502(a)(1) and
[[Page 716]]
502(b)(1) of the Social Security Act, not more than $83,593,000 shall be
available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and $10,276,000
shall be available for projects described in subparagraphs (A) through
(F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,318,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2020, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $111,693,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$290,794,000, of which $49,609,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That of the funds made available under this
heading for Medicare rural hospital flexibility grants, $15,942,000
shall be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health information
technology and up to $1,000,000 shall be to carry out section 1820(g)(6)
of the Social Security Act, with funds provided for grants under section
1820(g)(6) available for the purchase and implementation of telehealth
services, including pilots and demonstrations on the use of electronic
health records to coordinate rural veterans care between rural providers
and the Department of Veterans Affairs electronic health record system:
Provided further, That notwithstanding section 338J(k) of the PHS Act,
$10,000,000 shall be available for State Offices of Rural Health:
Provided further, That $15,000,000 shall remain available through
September 30, 2020 to support the Rural Residency Development Program:
Provided further, That $100,000,000 shall remain available through
September 30, 2022, for the Rural Communities Opioids Response Program.
family planning
For carrying out the program under title X of the PHS Act to provide
for voluntary family planning projects, $286,479,000: Provided, That
amounts provided to said projects under such title shall not be expended
for abortions, that all pregnancy counseling shall be nondirective, and
that such amounts shall not be expended
[[Page 717]]
for any activity (including the publication or distribution of
literature) that in any way tends to promote public support or
opposition to any legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $155,000,000: Provided, That funds made available under
this heading may be used to supplement program support funding provided
under the headings ``Primary Health Care'', ``Health Workforce'',
``Maternal and Child Health'', ``Ryan White HIV/AIDS Program'', ``Health
Care Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust Fund
(the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of title
XXI of the PHS Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $9,200,000 shall be
available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect to
immunization and respiratory diseases, $474,055,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act with
respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention, $1,127,278,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $562,572,000.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$915,346,000: Provided, That funds appropriated under this account may
be available for making grants under section 1509 of the PHS Act for not
less than 21 States, tribes, or tribal organizations: Provided further,
That of the funds made available under this heading, $15,000,000 shall
be available to continue and expand community specific extension and
outreach programs to
[[Page 718]]
combat obesity in counties with the highest levels of obesity: Provided
further, That the proportional funding requirements under section
1503(a) of the PHS Act shall not apply to funds made available under
this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $140,560,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $490,397,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $188,750,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $648,559,000, of which
$475,579,000 shall remain available until September 30, 2019 for an
evidence-based opioid drug overdose prevention program.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety and
Health Act, with respect to occupational safety and health,
$335,200,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be available
consistent with the provision regarding administrative expenses in
section 151(b) of division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $488,621,000, of which (1) $128,421,000 shall
remain available through September 30, 2019 for international HIV/AIDS
and (2) $50,000,000 shall remain available through September 30, 2020
for Global Disease Detection and Emergency Response: Provided, That
funds may be used for purchase and insurance of official motor vehicles
in foreign countries.
[[Page 719]]
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $1,450,000,000, of which $610,000,000 shall remain
available until expended for the Strategic National Stockpile:
Provided, That in the event the Director of the Centers for Disease
Control and Prevention (referred to in this title as ``CDC'') activates
the Emergency Operations Center, the Director of the CDC may detail CDC
staff without reimbursement for up to 90 days to support the work of the
CDC Emergency Operations Center, so long as the Director provides a
notice to the Committees on Appropriations of the House of
Representatives and the Senate within 15 days of the use of this
authority and a full report within 30 days after use of this authority
which includes the number of staff and funding level broken down by the
originating center and number of days detailed: Provided further, That
funds appropriated under this heading may be used to support a contract
for the operation and maintenance of an aircraft in direct support of
activities throughout CDC to ensure the agency is prepared to address
public health preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
demolition, and renovation of facilities, $270,000,000, which shall
remain available until September 30, 2022, of which $240,000,000 shall
be for a CDC biosafety level 4 laboratory: Provided, That in addition
to the amount provided, $240,000,000 shall be for a CDC biosafety level
4 laboratory for the purposes described in the previous proviso and
shall be derived by transfer from the Fund established by Public Law
110-161, division G, title II, section 223 and shall remain available
until September 30, 2022: Provided further, That funds previously set-
aside by CDC for repair and upgrade of the Lake Lynn Experimental Mine
and Laboratory shall be used to acquire a replacement mine safety
research facility: Provided further, That in addition, the prior year
unobligated balance of any amounts assigned to former employees in
accounts of CDC made available for Individual Learning Accounts shall be
credited to and merged with the amounts made available under this
heading to support the replacement of the mine safety research facility.
cdc-wide activities and program support
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $113,570,000: Provided,
That paragraphs (1) through (3) of subsection (b) of section 2821 of the
PHS Act shall not apply to funds appropriated under this heading and in
all other accounts of the CDC: Provided further, That employees of CDC
or the Public Health Service, both civilian and commissioned officers,
detailed to States, municipalities, or other organizations under
authority of section 214 of the PHS
[[Page 720]]
Act, or in overseas assignments, shall be treated as non-Federal
employees for reporting purposes only and shall not be included within
any personnel ceiling applicable to the Agency, Service, or HHS during
the period of detail or assignment: Provided further, That CDC may use
up to $10,000 from amounts appropriated to CDC in this Act for official
reception and representation expenses when specifically approved by the
Director of CDC: Provided further, That in addition, such sums as may
be derived from authorized user fees, which shall be credited to the
appropriation charged with the cost thereof: Provided further, That
with respect to the previous proviso, authorized user fees from the
Vessel Sanitation Program and the Respirator Certification Program shall
be available through September 30, 2019.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $5,664,800,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and blood
products, $3,383,201,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $447,735,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $1,970,797,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,145,149,000: Provided,
That $250,000,000 shall be available until September 30, 2019 for
research related to opioid addiction, development of opioid
alternatives, pain management, and addiction treatment: Provided
further, That each for-profit recipient of funds provided in the
previous proviso shall be subject to a matching requirement of funds or
documented in-kind contributions of not less than 50 percent of the
total funds awarded to such entity.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $5,260,210,000.
[[Page 721]]
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,785,400,000, of which
$922,871,000 shall be from funds available under section 241 of the PHS
Act: Provided, That not less than $350,575,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,452,006,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $772,317,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $751,143,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $2,574,091,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$586,661,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $459,974,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $158,033,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $509,573,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,383,603,000: Provided, That $250,000,000
shall be available until September 30, 2019 for
[[Page 722]]
research related to opioid addiction, development of opioid
alternatives, pain management, and addiction treatment: Provided
further, That each for-profit recipient of funds provided in the
previous proviso shall be subject to a matching requirement of funds or
documented in-kind contributions of not less than 50 percent of the
total funds awarded to such entity.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,711,775,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $556,881,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research, $377,871,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $142,184,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$303,200,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty International
Center (described in subpart 2 of part E of title IV of the PHS Act),
$75,733,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $428,553,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2019: Provided
further, That in fiscal year 2018, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of the
National Institutes of Health (referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $742,354,000: Provided, That up to
$25,835,000 shall be available to implement section 480
[[Page 723]]
of the PHS Act, relating to the Cures Acceleration Network: Provided
further, That at least $542,771,000 is provided to the Clinical and
Translational Sciences Awards program.
office of the director
For carrying out the responsibilities of the Office of the Director,
NIH, $1,803,293,000: Provided, That funding shall be available for the
purchase of not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That all funds credited to the NIH Management
Fund shall remain available for one fiscal year after the fiscal year in
which they are deposited: Provided further, That $165,000,000 shall be
for the National Children's Study Follow-on: Provided further, That
$588,116,000 shall be available for the Common Fund established under
section 402A(c)(1) of the PHS Act: Provided further, That of the funds
provided, $10,000 shall be for official reception and representation
expenses when specifically approved by the Director of the NIH:
Provided further, That the Office of AIDS Research within the Office of
the Director of the NIH may spend up to $8,000,000 to make grants for
construction or renovation of facilities as provided for in section
2354(a)(5)(B) of the PHS Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund for the purpose of carrying out section
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
authorized in the Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of, and
acquisition of equipment for, facilities of or used by NIH, including
the acquisition of real property, $128,863,000, to remain available
through September 30, 2022.
nih innovation account, cures act
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts
available for such purposes in the appropriations provided to the NIH in
this Act, $496,000,000, to remain available until expended: Provided,
That such amounts are appropriated pursuant to section 1001(b)(3) of
such Act, are to be derived from amounts transferred under section
1001(b)(2)(A) of such Act, and may be transferred by the Director of the
National Institutes of Health to other accounts of the National
Institutes of Health solely for the purposes provided in such Act:
Provided further, That upon a determination by the Director that funds
transferred pursuant to the previous proviso are not necessary for the
purposes provided, such amounts may be transferred back to the Account:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided by law.
[[Page 724]]
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $1,453,972,000: Provided, That notwithstanding
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A shall be available for carrying out section 1971 of the
PHS Act: Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act to carry
out subpart I of part B of title XIX of the PHS Act to fund section
1920(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1920(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart I of part B of title XIX: Provided
further, That up to 10 percent of the amounts made available to carry
out the Children's Mental Health Services program may be used to carry
out demonstration grants or contracts for early interventions with
persons not more than 25 years of age at clinical high risk of
developing a first episode of psychosis: Provided further, That section
520E(b)(2) of the PHS Act shall not apply to funds appropriated in this
Act for fiscal year 2018: Provided further, That States shall expend at
least 10 percent of the amount each receives for carrying out section
1911 of the PHS Act to support evidence-based programs that address the
needs of individuals with early serious mental illness, including
psychotic disorders, regardless of the age of the individual at onset:
Provided further, That $100,000,000 shall be available until September
30, 2020 for grants to communities and community organizations who meet
criteria for Certified Community Behavioral Health Clinics pursuant to
section 223(a) of Public Law 113-93: Provided further, That none of the
funds provided for section 1911 of the PHS Act shall be subject to
section 241 of such Act: Provided further, That of the funds made
available under this heading, $15,000,000 shall be to carry out section
224 of the Protecting Access to Medicare Act of 2014 (Public Law 113-93;
42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, $3,182,306,000: Provided,
That $1,000,000,000 shall be for State Opioid Response Grants for
carrying out activities pertaining to opioids undertaken by the State
agency responsible for administering the substance abuse prevention and
treatment block grant under subpart II of part B of title XIX of the PHS
Act (42 U.S.C. 300x-21 et seq.): Provided further, That of such amount
$50,000,000 shall be made available to Indian Tribes or tribal
organizations: Provided further, That 15 percent of the remaining
amount shall be for the States with the highest mortality rate related
to opioid use disorders: Provided further, That of the amounts provided
for State Opioid Response Grants not more than 2 percent shall be
available for Federal administrative expenses, training, technical
assistance, and evaluation: Provided further, That of the amount not
reserved by the previous three provisos, the Secretary shall make
allocations
[[Page 725]]
to States, territories, and the District of Columbia according to a
formula using national survey results that the Secretary determines are
the most objective and reliable measure of drug use and drug-related
deaths: Provided further, That the Secretary shall submit the formula
methodology to the Committees on Appropriations of the House of
Representatives and the Senate not less than 30 days prior to publishing
a Funding Opportunity Announcement: Provided further, That prevention
and treatment activities funded through such grants may include
education, treatment (including the provision of medication), behavioral
health services for individuals in treatment programs, referral to
treatment services, recovery support, and medical screening associated
with such treatment: Provided further, That each State, as well as the
District of Columbia, shall receive not less than $4,000,000: Provided
further, That in addition to amounts provided herein, the following
amounts shall be available under section 241 of the PHS Act: (1)
$79,200,000 to carry out subpart II of part B of title XIX of the PHS
Act to fund section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the total
available under this Act for section 1935(b) activities shall not exceed
5 percent of the amounts appropriated for subpart II of part B of title
XIX; and (2) $2,000,000 to evaluate substance abuse treatment programs:
Provided further, That none of the funds provided for section 1921 of
the PHS Act or State Opioid Response Grants shall be subject to section
241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $248,219,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $128,830,000: Provided, That in
addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may be
collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act for
carrying out section 501(m) of the PHS Act shall remain available
through September 30, 2019: Provided further, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Mental Health'', ``Substance Abuse
Treatment'', and ``Substance Abuse Prevention''.
[[Page 726]]
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$334,000,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2018: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2019.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $284,798,384,000, to remain available until
expended.
For making, after May 31, 2018, payments to States under title XIX
or in the case of section 1928 on behalf of States under title XIX of
the Social Security Act for the last quarter of fiscal year 2018 for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2019, $134,847,759,000, to remain available
until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such quarter,
if submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965, section
278(d)(3) of Public Law 97-248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act, $323,497,300,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare and Medicaid
Services, not to exceed $3,669,744,000, to be transferred from the
Federal Hospital Insurance Trust Fund and the
[[Page 727]]
Federal Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act; together with all funds
collected in accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the Secretary
pursuant to section 1893(h) of the Social Security Act, and such sums as
may be collected from authorized user fees and the sale of data, which
shall be credited to this account and remain available until expended:
Provided, That all funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the PHS Act shall be
credited to and available for carrying out the purposes of this
appropriation: Provided further, That the Secretary is directed to
collect fees in fiscal year 2018 from Medicare Advantage organizations
pursuant to section 1857(e)(2) of the Social Security Act and from
eligible organizations with risk-sharing contracts under section 1876 of
that Act pursuant to section 1876(k)(4)(D) of that Act.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity and
program management, $745,000,000, to remain available through September
30, 2019, to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund, as
authorized by section 201(g) of the Social Security Act, of which
$500,368,000 shall be for the Medicare Integrity Program at the Centers
for Medicare and Medicaid Services, including administrative costs, to
conduct oversight activities for Medicare Advantage under Part C and the
Medicare Prescription Drug Program under Part D of the Social Security
Act and for activities described in section 1893(b) of such Act, of
which $84,398,000 shall be for the Department of Health and Human
Services Office of Inspector General to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act, of which
$84,398,000 shall be for the Medicaid and Children's Health Insurance
Program (``CHIP'') program integrity activities, and of which
$75,836,000 shall be for the Department of Justice to carry out fraud
and abuse activities authorized by section 1817(k)(3) of such Act:
Provided, That the report required by section 1817(k)(5) of the Social
Security Act for fiscal year 2018 shall include measures of the
operational efficiency and impact on fraud, waste, and abuse in the
Medicare, Medicaid, and CHIP programs for the funds provided by this
appropriation: Provided further, That of the amount provided under this
heading, $311,000,000 is provided to meet the terms of section
251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, and $434,000,000 is additional new budget
authority specified for purposes of section 251(b)(2)(C) of such Act:
Provided further, That the Secretary shall provide not less than
$17,621,000 for the Senior Medicare Patrol program to combat health care
fraud and abuse from the funds provided to this account.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act
[[Page 728]]
of July 5, 1960, $2,995,400,000, to remain available until expended; and
for such purposes for the first quarter of fiscal year 2019,
$1,400,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year, except as
otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602 of
the Low Income Home Energy Assistance Act of 1981, $3,640,304,000:
Provided, That all but $678,500,000 of this amount shall be allocated as
though the total appropriation for such payments for fiscal year 2018
was less than $1,975,000,000: Provided further, That notwithstanding
section 2609A(a), of the amounts appropriated under section 2602(b), not
more than $2,988,000 of such amounts may be reserved by the Secretary
for technical assistance, training, and monitoring of program activities
for compliance with internal controls, policies and procedures and may,
in addition to the authorities provided in section 2609A(a)(1), use such
funds through contracts with private entities that do not qualify as
nonprofit organizations.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance activities
authorized by section 414 of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980, and for
carrying out section 462 of the Homeland Security Act of 2002, section
235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$1,864,936,000, of which $1,830,446,000 shall remain available through
September 30, 2020 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided further, That the
limitation in section 205 of this Act regarding transfers increasing any
appropriation shall apply to transfers to appropriations under this
heading by substituting ``10 percent'' for ``3 percent''.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $5,226,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section 418
of the Social Security Act (42 U.S.C. 618), including funds appropriated
for that purpose in such
[[Page 729]]
section 418 or any other provision of law, shall be subject to the
reservation of funds authority in paragraphs (4) and (5) of section
658O(a) of the CCDBG Act: Provided further, That in addition to the
amounts required to be reserved by the Secretary under section
658O(a)(2)(A) of such Act, $156,780,000 shall be for Indian tribes and
tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
the Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (adoption opportunities), part
B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of
the Social Security Act, and the Community Services Block Grant Act
(``CSBG Act''); and for necessary administrative expenses to carry out
titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security Act,
the Act of July 5, 1960, the Low-Income Home Energy Assistance Act of
1981, the Child Care and Development Block Grant Act of 1990, the Assets
for Independence Act, title IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act of 1980,
$12,022,225,000, of which $75,000,000, to remain available through
September 30, 2019, shall be for grants to States for adoption and legal
guardianship incentive payments, as defined by section 473A of the
Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2018: Provided, That
$9,863,095,000 shall be for making payments under the Head Start Act:
Provided further, That of the amount in the previous proviso,
$8,823,095,000 shall be available for payments under section 640 of the
Head Start Act, of which $216,000,000 shall be available for a cost of
living adjustment notwithstanding section 640(a)(3)(A) of such Act:
Provided further, That notwithstanding such section 640, of the amount
in the second preceding proviso, $260,000,000 (of which up to one
percent may be reserved for research and evaluation) shall be available
through March 31, 2019 for award by the Secretary to grantees that apply
for supplemental funding to increase their hours of program operations
and for training and technical assistance for such activities: Provided
further, That of the amount provided for making payments under the Head
Start Act, $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs (7)(B) and
(9) of section 641(c) of such Act under the Designation Renewal System,
established under the authority of sections 641(c)(7), 645A(b)(12) and
645A(d) of such Act: Provided further, That notwithstanding such
section 640, of the amount provided for making payments under the Head
[[Page 730]]
Start Act, and in addition to funds otherwise available under such
section 640 for such purposes, $755,000,000 shall be available through
March 31, 2019 for Early Head Start programs as described in section
645A of such Act, for conversion of Head Start services to Early Head
Start services as described in section 645(a)(5)(A) of such Act, for
discretionary grants for high quality infant and toddler care through
Early Head Start-Child Care Partnerships, to entities defined as
eligible under section 645A(d) of such Act, for training and technical
assistance for such activities, and for up to $16,000,000 in Federal
costs of administration and evaluation, and, notwithstanding section
645A(c)(2) of such Act, these funds are available to serve children
under age 4: Provided further, That funds described in the preceding
two provisos shall not be included in the calculation of ``base grant''
in subsequent fiscal years, as such term is used in section 640(a)(7)(A)
of such Act: Provided further, That $250,000,000 shall be available
until December 31, 2018 for carrying out sections 9212 and 9213 of the
Every Student Succeeds Act: Provided further, That up to 3 percent of
the funds in the preceding proviso shall be available for technical
assistance and evaluation related to grants awarded under such section
9212: Provided further, That $742,883,000 shall be for making payments
under the CSBG Act: Provided further, That $28,233,000 shall be for
sections 680 and 678E(b)(2) of the CSBG Act, of which not less than
$19,883,000 shall be for section 680(a)(2) and not less than $8,000,000
shall be for section 680(a)(3)(B) of such Act: Provided further, That,
notwithstanding section 675C(a)(3) of such Act, to the extent Community
Services Block Grant funds are distributed as grant funds by a State to
an eligible entity as provided under such Act, and have not been
expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further <> , That the Secretary shall establish procedures regarding the
disposition of intangible assets and program income that permit such
assets acquired with, and program income derived from, grant funds
authorized under section 680 of the CSBG Act to become the sole property
of such grantees after a period of not more than 12 years after the end
of the grant period for any activity consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That intangible assets
in the form of loans, equity investments and other debt instruments, and
program income may be used by grantees for any eligible purpose
consistent with section 680(a)(2)(A) of the CSBG Act: Provided further,
That these procedures shall apply to such grant funds made available
after November 29, 1999: Provided further, That funds appropriated for
section 680(a)(2) of the CSBG Act shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations:
Provided further, That $160,000,000 shall be for carrying out section
303(a) of the Family Violence Prevention and Services Act, of which
$5,000,000 shall be allocated notwithstanding section 303(a)(2) of such
Act for carrying out section 309 of such Act: Provided further, That
the percentages specified in section 112(a)(2) of the Child Abuse
Prevention and Treatment Act shall not apply to funds appropriated under
this heading: Provided further That $1,864,000 shall be for a human
services case management system for federally declared disasters, to
include a comprehensive national case management contract and Federal
[[Page 731]]
costs of administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $99,765,000: Provided,
That of the funds available to carry out section 437, $59,765,000 shall
be allocated consistent with subsections (b) through (d) of such section
(as such section shall be so in effect on October 1, 2018): Provided
further, That of the funds available to carry out section 437, to assist
in meeting the requirements described in section 471(e)(4)(C) (as such
section shall be so in effect on October 1, 2018), $20,000,000 shall be
for grants to each State, territory, and Indian tribe operating title
IV-E plans for developing, enhancing, or evaluating kinship navigator
programs, as described in section 427(a)(1) of such Act, and
$20,000,000, in addition to funds otherwise appropriated in section 436
for such purposes, shall be for competitive grants to regional
partnerships as described in section 437(f): Provided further, That
section 437(b)(1) shall be applied to amounts in the previous proviso by
substituting ``5 percent'' for ``3.3 percent'', and notwithstanding
section 436(b)(1), such reserved amounts may be used for identifying,
establishing, and disseminating practices to meet the criteria specified
in section 471(e)(4)(C) (as such section shall be so in effect on
October 1, 2018): Provided further, That the reservation in section
437(b)(2) and the limitations in section 437(d) shall not apply to funds
specified in the second proviso: Provided further, That the minimum
grant award for kinship navigator programs in the case of States and
territories shall be $200,000, and, in the case of tribes, shall be
$25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $6,225,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2019,
$2,700,000,000.
For carrying out, after May 31 of the current fiscal year, except as
otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), titles III and XXIX of the PHS Act,
sections 1252 and 1253 of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of
[[Page 732]]
2008, title XX-B of the Social Security Act, the Developmental
Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of
subtitle D of title II of the Help America Vote Act of 2002, the
Assistive Technology Act of 1998, titles II and VII (and section 14 with
respect to such titles) of the Rehabilitation Act of 1973, and for
Department-wide coordination of policy and program activities that
assist individuals with disabilities, $2,095,100,000, together with
$49,115,000 to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund to carry
out section 4360 of the Omnibus Budget Reconciliation Act of 1990:
Provided, That amounts appropriated under this heading may be used for
grants to States under section 361 of the OAA only for disease
prevention and health promotion programs and activities which have been
demonstrated through rigorous evaluation to be evidence-based and
effective: Provided further, That of amounts made available under this
heading to carry out sections 311, 331, and 336 of the OAA, up to one
percent of such amounts shall be available for developing and
implementing evidence-based practices for enhancing senior nutrition:
Provided further, That notwithstanding any other provision of this Act,
funds made available under this heading to carry out section 311 of the
OAA may be transferred to the Secretary of Agriculture in accordance
with such section: Provided further, That $2,000,000 shall be for
competitive grants to support alternative financing programs that
provide for the purchase of assistive technology devices, such as a low-
interest loan fund; an interest buy-down program; a revolving loan fund;
a loan guarantee; or an insurance program: Provided further, That
applicants shall provide an assurance that, and information describing
the manner in which, the alternative financing program will expand and
emphasize consumer choice and control: Provided further, That State
agencies and community-based disability organizations that are directed
by and operated for individuals with disabilities shall be eligible to
compete: Provided further, That none of the funds made available under
this heading may be used by an eligible system (as defined in section
102 of the Protection and Advocacy for Individuals with Mental Illness
Act (42 U.S.C. 10802)) to continue to pursue any legal action in a
Federal or State court on behalf of an individual or group of
individuals with a developmental disability (as defined in section
102(8)(A) of the Developmental Disabilities and Assistance and Bill of
Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a
mental impairment (or a combination of mental and physical impairments),
that has as the requested remedy the closure of State operated
intermediate care facilities for people with intellectual or
developmental disabilities, unless reasonable public notice of the
action has been provided to such individuals (or, in the case of mental
incapacitation, the legal guardians who have been specifically awarded
authority by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action, within 90
days of instituting such legal action, which informs such individuals
(or such legal guardians) of their legal rights and how to exercise such
rights consistent with current Federal Rules of Civil Procedure:
Provided further, That the limitations in the immediately preceding
proviso shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the proviso
[[Page 733]]
apply in the case of individuals who are a ward of the State or subject
to public guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor vehicles,
and for carrying out titles III, XVII, XXI, and section 229 of the PHS
Act, the United States-Mexico Border Health Commission Act, and research
studies under section 1110 of the Social Security Act, $470,629,000,
together with $64,828,000 from the amounts available under section 241
of the PHS Act to carry out national health or human services research
and evaluation activities: Provided, That of this amount, $53,900,000
shall be for minority AIDS prevention and treatment activities:
Provided further, That of the funds made available under this heading,
$101,000,000 shall be for making competitive contracts and grants to
public and private entities to fund medically accurate and age
appropriate programs that reduce teen pregnancy and for the Federal
costs associated with administering and evaluating such contracts and
grants, of which not more than 10 percent of the available funds shall
be for training and technical assistance, evaluation, outreach, and
additional program support activities, and of the remaining amount 75
percent shall be for replicating programs that have been proven
effective through rigorous evaluation to reduce teenage pregnancy,
behavioral risk factors underlying teenage pregnancy, or other
associated risk factors, and 25 percent shall be available for research
and demonstration grants to develop, replicate, refine, and test
additional models and innovative strategies for preventing teenage
pregnancy: Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS Act,
$6,800,000 shall be available to carry out evaluations (including
longitudinal evaluations) of teenage pregnancy prevention approaches:
Provided further, That of the funds made available under this heading,
$25,000,000 shall be for making competitive grants which exclusively
implement education in sexual risk avoidance (defined as voluntarily
refraining from non-marital sexual activity): Provided further, That
funding for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed publications
by educational, scientific, governmental, or health organizations;
implement an evidence-based approach integrating research findings with
practical implementation that aligns with the needs and desired outcomes
for the intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy
relationships, goal setting, and resisting sexual coercion, dating
violence, and other youth risk behaviors such as underage drinking or
illicit drug use without normalizing teen sexual activity: Provided
further, That no more than 10 percent of the funding for such
competitive grants for sexual risk avoidance shall be available for
technical assistance and administrative costs of such programs:
Provided further, That funds provided in this
[[Page 734]]
Act for embryo adoption activities may be used to provide to individuals
adopting embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with 42 CFR
59.5(a)(4).
account for the state response to the opioid abuse crisis, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1003(c) of the 21st Century Cures Act, $500,000,000 to remain
available until expended: Provided, That such amounts are appropriated
pursuant to section 1003(b)(3) of such Act, are to be derived from
amounts transferred under section 1003(b)(2)(A) of such Act, and may be
transferred by the Secretary of Health and Human Services to other
accounts of the Department solely for the purposes provided in such Act:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided by law.
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings and
Appeals, $182,381,000 shall remain available until September 30, 2019,
to be transferred in appropriate part from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$80,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights, $38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments
[[Page 735]]
under the Retired Serviceman's Family Protection Plan and Survivor
Benefit Plan, and for medical care of dependents and retired personnel
under the Dependents' Medical Care Act, such amounts as may be required
during the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and cybersecurity
threats to civilian populations, and for other public health
emergencies, $993,458,000, of which $536,700,000 shall remain available
through September 30, 2019, for expenses necessary to support advanced
research and development pursuant to section 319L of the PHS Act and
other administrative expenses of the Biomedical Advanced Research and
Development Authority: Provided, That funds provided under this heading
for the purpose of acquisition of security countermeasures shall be in
addition to any other funds available for such purpose: Provided
further, That products purchased with funds provided under this heading
may, at the discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F-2 of the PHS Act: Provided
further, That $5,000,000 of the amounts made available to support
emergency operations shall remain available through September 30, 2020.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $710,000,000, to
remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $250,000,000; of which $215,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for the
construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and assessments
made by any office located in HHS, prior to the preparation and
submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5 percent,
of any amounts appropriated for programs authorized
[[Page 736]]
under such Act shall be made available for the evaluation (directly, or
by grants or contracts) and the implementation and effectiveness of
programs funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in this
Act may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the execution of a contract awarded in fiscal year 2018
under section 338B of such Act.
Sec. 207. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 211. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
[[Page 737]]
and environmental disease, and other health activities abroad during
fiscal year 2018:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956. The Secretary shall
consult with the Secretary of State and relevant Chief of
Mission to ensure that the authority provided in this section is
exercised in a manner consistent with section 207 of the Foreign
Service Act of 1980 and other applicable statutes administered
by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act. The
Secretary is authorized, in consultation with the Secretary of
State, through grant or cooperative agreement, to make available
to public or nonprofit private institutions or agencies in
participating foreign countries, funds to acquire, lease, alter,
or renovate facilities in those countries as necessary to
conduct programs of assistance for international health
activities, including activities relating to HIV/AIDS and other
infectious diseases, chronic and environmental diseases, and
other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such personnel
under section 5304 of title 5, United States Code if such
personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter I
of chapter 63 of title 5, United States Code, or section 903 of
the Foreign Service Act of 1980, to individuals serving in the
Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of the
Office of AIDS Research, may transfer up to 3 percent among institutes
and centers from the total amounts identified by these two Directors as
funding for research pertaining to the human immunodeficiency virus:
Provided, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
[[Page 738]]
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the Office
of AIDS Research, shall be made available to the ``Office of AIDS
Research'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry out research
identified pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources and
Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year contract will
serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's programs.
[[Page 739]]
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year 2020
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year since
the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating the
program, project, or activity receiving such funds, the Federal
operating division or office that administers such program, and
the amount of funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from the
report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal year
2020 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare and Medicaid Services specifically for
Health Insurance Exchanges for each fiscal year since the enactment of
the ACA and the proposed uses for such funds for fiscal year 2020. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
Sec. 221. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care Act
of 2010 pertaining to enrollments during the open enrollment
period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
[[Page 740]]
(b) The Committees on Appropriations of the House and Senate must be
notified at least 2 business days in advance of any public release of
enrollment information or the award of such grants.
Sec. 222. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare and Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
Sec. 223. The Secretary shall include in the fiscal year 2020
budget justification an analysis of how section 2713 of the PHS Act will
impact eligibility for discretionary HHS programs.
(transfer of funds)
Sec. 224. (a) Within 45 days of enactment of this Act, the Secretary
shall transfer funds appropriated under section 4002 of the ACA to the
accounts specified, in the amounts specified, and for the activities
specified under the heading ``Prevention and Public Health Fund'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 225. Effective during the period beginning on November 1, 2015
and ending January 1, 2020, any provision of law that refers (including
through cross-reference to another provision of law) to the current
recommendations of the United States Preventive Services Task Force with
respect to breast cancer screening, mammography, and prevention shall be
administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with respect
to breast cancer screening, mammography, and prevention last
issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of the
Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 226. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations from
negotiated rates, shall continue to apply to the National Institutes of
Health to the same extent and in the same manner as such provisions were
applied in the third quarter of fiscal year 2017. None of the funds
appropriated in this or prior Acts or otherwise made available to the
Department of Health and Human Services or to any department or agency
may be used to develop or implement a modified approach to such
provisions, or to intentionally or substantially expand the fiscal
effect of the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
[[Page 741]]
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare and Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $305,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
(transfer of funds)
Sec. 228. The NIH Director may transfer funds specifically
appropriated for opioid addiction, opioid alternatives, pain management,
and addiction treatment to other Institutes and Centers of the NIH to be
used for the same purpose 15 days after notifying the Committees on
Appropriations: Provided, That the transfer authority provided in the
previous proviso is in addition to any other transfer authority provided
by law.
Sec. 229. None of the funds made available by this Act to carry out
the Child Care and Development Block Grant Act of 1990 may be provided
to any child care provider if a list of providers (as mentioned in part
98 of title 45 of the Code of Federal Regulations, applicable to the
Department of Health and Human Services, Administration of Children and
Families, and in the final rule published in the Federal Register, Vol.
81, No. 190, on Sept. 30, 2016) indicates that a serious injury or death
occurred at the provider due to a substantiated health or safety
violation.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2018''.
TITLE III <>
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $16,443,790,000, of which
$5,525,990,000 shall become available on July 1, 2018, and shall remain
available through September 30, 2019, and of which $10,841,177,000 shall
become available on October 1, 2018, and shall remain available through
September 30, 2019, for academic year 2018-2019: Provided, That
$6,459,401,000 shall be for basic grants under section 1124 of the ESEA:
Provided further, That up to $5,000,000 of these funds shall be
available to the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2017, to obtain annually updated local
educational agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,362,301,000 shall be for
concentration grants under section 1124A of the ESEA: Provided further,
That $3,969,050,000 shall be for targeted grants under section 1125 of
the ESEA: Provided further, That $3,969,050,000 shall be for education
finance incentive grants under section 1125A of the
[[Page 742]]
ESEA: Provided further, That $217,000,000 shall be for carrying out
subpart 2 of part B of title II: Provided further, That $44,623,000
shall be for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,414,112,000, of
which $1,270,242,000 shall be for basic support payments under section
7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $17,406,000 shall be for
construction under section 7007(a), $73,313,000 shall be for Federal
property payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 7008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 7003(a)
for school year 2017-2018, children enrolled in a school of such agency
that would otherwise be eligible for payment under section 7003(a)(1)(B)
of such Act, but due to the deployment of both parents or legal
guardians, or a parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal guardian
while on active duty (so long as such children reside on Federal
property as described in section 7003(a)(1)(B)), are no longer eligible
under such section, shall be considered as eligible students under such
section, provided such students remain in average daily attendance at a
school in the same local educational agency they attended prior to their
change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,158,467,000, of which $3,329,902,000 shall become available on July
1, 2018, and remain available through September 30, 2019, and of which
$1,681,441,000 shall become available on October 1, 2018, and shall
remain available through September 30, 2019, for academic year 2018-
2019: Provided, That $378,000,000 shall be for part B of title I:
Provided further, That $1,211,673,000 shall be for part B of title IV:
Provided further, That $36,397,000 shall be for part B of title VI and
may be used for construction, renovation, and modernization of any
elementary school, secondary school, or structure related to an
elementary school or secondary school, run by the Department of
Education of the State of Hawaii, that serves a predominantly Native
Hawaiian student body: Provided further, That $35,453,000 shall be for
part C of title VI and shall be awarded on a competitive basis, and also
may be used for construction: Provided further, That $52,000,000 shall
be available to carry out section 203 of the Educational Technical
Assistance Act of 2002 and the Secretary shall make such arrangements as
determined to be necessary to ensure that the Bureau of Indian Education
has access to services provided under this section: Provided further,
That $16,699,000 shall be available to carry out the Supplemental
Education Grants
[[Page 743]]
program for the Federated States of Micronesia and the Republic of the
Marshall Islands: Provided further, That the Secretary may reserve up
to 5 percent of the amount referred to in the previous proviso to
provide technical assistance in the implementation of these grants:
Provided further, That $180,840,000 shall be for part B of title V:
Provided further, That $1,100,000,000 shall be available for grants
under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $180,239,000, of which
$67,993,000 shall be for subpart 2 of part A of title VI and $6,865,000
shall be for subpart 3 of part A of title VI.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part F
of title IV of the ESEA, $982,256,000: Provided, That $278,515,000
shall be for subparts 1, 3 and 4 of part B of title II and shall be made
available without regard to sections 2201, 2231(b) and 2241: Provided
further, That $583,741,000 shall be for parts C, D, and E and subpart 4
of part F of title IV, and shall be made available without regard to
sections 4311, 4409(a), and 4601 of the ESEA: Provided further, That
section 4303(d)(3)(A)(i) shall not apply to the funds available for part
C of title IV: Provided further, That of the funds available for part C
of title IV, the Secretary shall use $50,000,000 to carry out section
4304, of which not more than $10,000,000 shall be available to carry out
section 4304(k), $120,000,000, to remain available through March 31,
2019, to carry out section 4305(b), and not more than $14,000,000 to
carry out the activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $120,000,000 shall be available through
December 31, 2018 for subpart 1 of part F of title IV.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part F
of title IV of the ESEA, $185,754,000: Provided, That $90,000,000 shall
be available for section 4631, of which up to $5,000,000, to remain
available until expended, shall be for the Project School Emergency
Response to Violence (``Project SERV'') program: Provided further, That
$17,500,000 shall be available for section 4625: Provided further, That
$78,254,000 shall be available through December 31, 2018, for section
4624: Provided further, That section 4623(b) of the ESEA shall apply to
funds appropriated for Promise Neighborhoods under this heading in prior
appropriations acts: Provided further, That, no later than June 1,
2018, the Secretary shall award extension grants under such section on a
competitive basis to implementation grantees that have demonstrated the
ability to collect, track, and report longitudinal data on performance
indicators established by the Department and required to be reported on
annually as part of the initial implementation grant; demonstrated the
most positive and promising results during their initial implementation
grant based on
[[Page 744]]
such indicators, emphasizing getting children ready to learn;
demonstrated a commitment to operating in the most underserved and
under-resourced, including rural, areas; and propose continuing to
pursue ambitious goals during an extension of that grant.
English Language Acquisition
For carrying out part A of title III of the ESEA, $737,400,000,
which shall become available on July 1, 2018, and shall remain available
through September 30, 2019, except that 6.5 percent of such amount shall
be available on October 1, 2017, and shall remain available through
September 30, 2019, to carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$13,366,184,000, of which $3,845,585,000 shall become available on July
1, 2018, and shall remain available through September 30, 2019, and of
which $9,283,383,000 shall become available on October 1, 2018, and
shall remain available through September 30, 2019, for academic year
2018-2019: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2017, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2017: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under this
heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f): Provided
further <> , That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under section
612(a)(18)(B) and the amounts distributed to States under the previous
provisos in fiscal year 2012 or any subsequent year shall not be
considered in calculating the awards under section 611(d) for fiscal
year 2013 or for any subsequent fiscal years: Provided further, That,
notwithstanding the provision in section 612(a)(18)(B) regarding the
fiscal year in which a State's allocation under section 611(d) is
reduced for failure to comply with the requirement of section
612(a)(18)(A), the Secretary may apply the reduction specified in
section 612(a)(18)(B) over a period of consecutive fiscal years, not to
exceed five, until the entire reduction is applied: Provided
further <> , That
[[Page 745]]
the Secretary may, in any fiscal year in which a State's allocation
under section 611 is reduced in accordance with section 612(a)(18)(B),
reduce the amount a State may reserve under section 611(e)(1) by an
amount that bears the same relation to the maximum amount described in
that paragraph as the reduction under section 612(a)(18)(B) bears to the
total allocation the State would have received in that fiscal year under
section 611(d) in the absence of the reduction: Provided further, That
the Secretary shall either reduce the allocation of funds under section
611 for any fiscal year following the fiscal year for which the State
fails to comply with the requirement of section 612(a)(18)(A) as
authorized by section 612(a)(18)(B), or seek to recover funds under
section 452 of the General Education Provisions Act (20 U.S.C. 1234a):
Provided further, That the funds reserved under 611(c) of the IDEA may
be used to provide technical assistance to States to improve the
capacity of the States to meet the data collection requirements of
sections 616 and 618 and to administer and carry out other services and
activities to improve data collection, coordination, quality, and use
under parts B and C of the IDEA: Provided further, That the Secretary
may use funds made available for the State Personnel Development Grants
program under part D, subpart 1 of IDEA to evaluate program performance
under such subpart.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,587,130,000, of which $3,452,931,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the Rehabilitation Act,
including activities aimed at improving the education and post-school
outcomes of children receiving Supplemental Security Income (``SSI'')
and their families that may result in long-term improvement in the SSI
child recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the funds to
other public and private, nonprofit entities: Provided further, That
any funds made available subsequent to reallotment for innovative
activities aimed at improving the outcomes of individuals with
disabilities shall remain available until September 30, 2019.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to promote the Education of the Blind of
March 3, 1879, $27,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986, $73,000,000: Provided,
That from the total amount available, the Institute may
[[Page 746]]
at its discretion use funds for the endowment program as authorized
under section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986,
$128,000,000: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 and the Adult
Education and Family Literacy Act (``AEFLA''), $1,830,686,000, of which
$1,039,686,000 shall become available on July 1, 2018, and shall remain
available through September 30, 2019, and of which $791,000,000 shall
become available on October 1, 2018, and shall remain available through
September 30, 2019: Provided, That of the amounts made available for
AEFLA, $13,712,000 shall be for national leadership activities under
section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,445,352,000, which shall remain available
through September 30, 2019.
<> The maximum Pell Grant for which a
student shall be eligible during award year 2018-2019 shall be $5,035.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $1,678,943,000, to remain available through
September 30, 2019: Provided, That the Secretary shall allocate new
student loan borrower accounts to eligible student loan servicers on the
basis of their performance compared to all loan servicers utilizing
established common metrics, and on the basis of the capacity of each
servicer to process new and existing accounts: Provided
further <> , That the Secretary shall, no
later than September 30, 2017, allow student loan borrowers who are
consolidating Federal student loans to select from any student loan
servicer to service their new consolidated student loan under the
current student loan servicing contracts: Provided further, That in
order to promote accountability and high-quality service to borrowers,
the Secretary shall not award funding for any contract solicitation for
a new Federal student loan servicing environment, including the
solicitation for the FSA Next Generation Processing and Servicing
Environment as amended by the Department of Education on February 20,
2018, unless such an environment provides for the participation of
multiple student loan servicers that contract directly with the
Department of Education to manage a unique portfolio of borrower
accounts and the full
[[Page 747]]
life-cycle of loans from disbursement to pay-off with certain limited
exceptions, and allocates student loan borrower accounts to eligible
student loan servicers based on performance: Provided further, That
such servicers described in the previous proviso shall be evaluated
based on their ability to meet contract requirements, future performance
on the contracts, and history of compliance with applicable consumer
protections laws: Provided further, That to the extent Federal Student
Aid (FSA) permits student loan servicing subcontracting, FSA shall hold
such subcontractors accountable for meeting the requirements of the
contract: Provided further, That FSA shall create a fee structure with
contractors that provides more support to borrowers at risk of being
distressed.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, and VII of the HEA, the Mutual Educational and Cultural
Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and
Technical Education Act of 2006, $2,246,551,000: Provided, That
notwithstanding any other provision of law, funds made available in this
Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are
participating in advanced foreign language training and international
studies in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these countries
in the fields of government, the professions, or international
development: Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program evaluation,
national outreach, and information dissemination activities: Provided
further, That up to 1.5 percent of the funds made available under
chapter 2 of subpart 2 of part A of title IV of the HEA may be used for
evaluation.
Howard University
For partial support of Howard University, $232,518,000, of which not
less than $3,405,000 shall be for a matching endowment grant pursuant to
the Howard University Endowment Act and shall remain available until
expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain available
through September 30, 2019: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed
[[Page 748]]
$313,863,000: Provided further, That these funds may be used to support
loans to public and private Historically Black Colleges and Universities
without regard to the limitations within section 344(a) of the HEA.
In addition, $10,000,000 shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to eligible
institutions that are private Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment by having a score of 2.6
or less on the Department of Education's financial responsibility test:
Provided, That during the period of deferment of such a loan, interest
on the loan will not accrue or be capitalized, and the period of
deferment shall be for at least a period of 3-fiscal years and not more
than 6-fiscal years: Provided further, That when determining priority
for such institutions to receive such a deferment, the Secretary shall
give priority to institutions that operated in a financial deficit for
at least one of the previous 5 years according to audits provided to the
Department, or were sanctioned for financial related reasons by the
agency or association that accredited such institutions: Provided
further, That the Secretary shall create and execute an outreach plan to
work with States and the Capital Financing Advisory Board to improve
outreach to States and help additional public Historically Black
Colleges and Universities participate in the program.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $613,462,000, which shall remain available through
September 30, 2019: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used to link
Statewide elementary and secondary data systems with early childhood,
postsecondary, and workforce data systems, or to further develop such
systems: Provided further, That up to $6,000,000 of the funds available
to carry out section 208 of the Educational Technical Assistance Act may
be used for awards to public or private organizations or agencies to
support activities to improve data coordination, quality, and use at the
local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $430,000,000: Provided, That, notwithstanding any other
provision of law, none of the funds provided by this Act or provided by
previous Appropriations Acts to the Department of Education available
for obligation or expenditure in the current fiscal year may be used for
any activity relating
[[Page 749]]
to implementing a reorganization that decentralizes, reduces the
staffing level, or alters the responsibilities, structure, authority, or
functionality of the Budget Service of the Department of Education,
relative to the organization and operation of the Budget Service as in
effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $117,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $61,143,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to overcome racial imbalance in any
school or school system, or for the transportation of students or
teachers (or for the purchase of equipment for such transportation) in
order to carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing, or clustering. The
prohibition described in this section does not include the establishment
of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in the
public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this Act
may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
[[Page 750]]
Sec. 305 <> . Section 105(f)(1)(B)(ix) of
the Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2018'' for
``2017''.
Sec. 306. Funds appropriated in this Act and consolidated for
evaluation purposes under section 8601(c) of the ESEA shall be available
from July 1, 2018, through September 30, 2019.
Sec. 307. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2018 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 308. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is amended
by striking ``2017'' and inserting ``2018''.
Sec. 309. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is amended
in paragraph (4) by striking ``2017'' and inserting ``2018''.
(rescission)
Sec. 310. Section 401(b)(7)(A)(iv)(VIII) of the Higher Education
Act of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(VIII)) is amended by striking
``$1,382,000,000'' and inserting ``$1,334,000,000''.
Sec. 311. <> (a) Notwithstanding any other
provision of law except as provided under subsection (c), with respect
to a local educational agency that was notified by the Secretary in
fiscal year 2017 of the agency's eligibility to receive a basic support
payment pursuant to section 7003(b)(2)(B)(i)(III) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(III)) for
fiscal year 2017 but did not receive a payment under section 7003(b)(2)
of such Act for fiscal year 2017, in addition to payments received by
the local educational agency under section 7003(b)(1) of such Act, the
Secretary shall reserve from funds appropriated to carry out section
7003(b) of such Act and make payments from such funds to such local
educational agency for fiscal years 2017, 2018, 2019, and 2020 in the
following amounts:
(1) $3,000,000 for fiscal year 2017.
(2) $5,000,000 for fiscal year 2018.
(3) $4,000,000 for fiscal year 2019.
(4) $4,000,000 for fiscal year 2020.
(b) For fiscal year 2017, a local educational agency described in
subsection (a) shall not be eligible for a basic support payment
pursuant to section 7003(b)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(b)(2)).
(c) For fiscal year 2018 and succeeding fiscal years, if a local
educational agency described in subsection (a) is eligible to receive a
basic support payment pursuant to section 7003(b)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), the payment
received by the local educational agency shall be calculated under
section 7003(b)(2) of such Act and not under subsection (a).
(d) Section 7003(b)(2)(B) of the Elementary and Secondary Education
Act (20 U.S.C. 7703(b)(2)(B)) is amended--
(1) in clause (i)(III)--
[[Page 751]]
(A) in item (aa), by striking ``and'' after the
semicolon;
(B) in item (bb)(BB)--
(i) by inserting ``and received assistance for
fiscal year 2017 pursuant to subparagraph (G)''
after ``not less than 65 percent''; and
(ii) by inserting ``and'' after the semicolon;
and
(C) by adding at the end the following:
``(cc) received assistance
under subparagraph (A) of
section 8003(b)(2), as such
section was in effect on the day
before the date of enactment of
the Every Student Succeeds Act
(Public Law 114-95; 129 Stat.
1802), for a fiscal year prior
to fiscal year 2017;''; and
(2) by striking clause (iii) and inserting the following:
``(iii) Eligibility.--
``(I) First time.--A local
educational agency seeking a payment
under this paragraph for the first time
shall apply for and be determined
eligible under clause (i) for 2
consecutive years before receiving such
a payment, and shall not receive such a
payment for the first year of
eligibility.
``(II) Resumption of eligibility.--A
heavily impacted local educational
agency described in clause (i) that
becomes ineligible under such clause for
1 or more fiscal years may resume
eligibility for a basic support payment
under this paragraph for a subsequent
fiscal year only if the agency meets the
requirements of clause (i) for that
subsequent fiscal year, except that such
agency shall not receive a basic support
payment under this paragraph until the
fiscal year succeeding the fiscal year
for which the eligibility determination
is made.''.
(e) Section 579(c)(2) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2145) <> is amended, in the matter preceding subparagraph (A), by
striking ``for fiscal year 2017, 2018, or 2019,'' and inserting ``for
fiscal year 2017 and any succeeding fiscal year,''.
Sec. 312. For the purpose of providing temporary emergency impact
aid for displaced students under the Hurricane Education Recovery
heading in title VIII of subdivision 1 of division B of the Bipartisan
Budget Act of 2018 (Public Law 115-123), paragraph (2)(E) under such
heading is amended by inserting before the semicolon at the end the
following: ``and each reference to the end of the 2005-2006 school year
in section 107(f) of title IV of division B of Public Law 109-148, shall
be to December 31, 2018''.
Sec. 313. (a) Notwithstanding the limitations on sharing data
described in paragraph (3)(E) of section 483(a) of the HEA, an
institution of higher education may, with explicit written consent of an
applicant who has completed a FAFSA under such section 483(a), provide
such information collected from the applicant's FAFSA as is necessary to
a scholarship granting organization, including a tribal organization
(defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)), designated by the applicant to assist
the applicant in applying for and receiving financial assistance for the
applicant's cost of attendance (defined in section 472 of the HEA) at
that institution.
[[Page 752]]
(b) An organization that receives information pursuant to subsection
(a) shall not sell or otherwise share such information.
(c) This section shall be in effect until title IV of the HEA is
reauthorized.
Sec. 314. <> (a) In General.--For the
purpose of carrying out section 435(a)(2) of the Higher Education Act of
1965 (20 U.S.C. 1085(a)(2)), the Secretary of Education may waive the
requirements under sections 435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of such
Act (20 U.S.C. 1085(a)(5)(A)(i) and 20 U.S.C. 1085(a)(5)(A)(ii))--
(1) for an institution of higher education that offers an
associate degree, is a public institution, and is located in an
economically distressed county, defined as a county that ranks
in the lowest 5 percent of all counties in the United States
based on a national index of county economic status; and
(2) for an institution--
(A) that is a public institution of higher education
or a Tribal College or University (as defined in section
316(b) of such Act (20 U.S.C. 1059c)); and
(B) whose fall enrollment for the most recently
completed academic year was comprised of a majority of
students who are Indian (as defined in such section) or
Alaska Natives (as defined in section 317(b) of such Act
(20 U.S.C. 1059d(b)).
(b) Applicability.--Subsection (a) shall apply to an institution of
higher education that otherwise would be ineligible to participate in a
program under part A of title IV of the Higher Education Act of 1965 on
or after the date of enactment of this Act due to the application of
section 435(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1085(a)(2)).
(c) Coverage.--This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
Sec. 315. For an additional amount for ``Department of Education--
Federal Direct Student Loan Program Account'', $350,000,000, to remain
available until expended, shall be for the cost, as defined under
section 502 of the Congressional Budget Act of 1974, of the Secretary of
Education providing loan cancellation in the same manner as under
section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)),
for borrowers of loans made under part D of title IV of such Act who
would qualify for loan cancellation under section 455(m) except some, or
all, of the 120 required payments under section 455(m)(1)(A) do not
qualify for purposes of the program because they were monthly payments
made in accordance with graduated or extended repayment plans as
described under subparagraph (B) or (C) of section 455(d)(1) or the
corresponding repayment plan for a consolidation loan made under section
455(g) and that were less than the amount calculated under section
455(d)(1)(A), based on a 10-year repayment period: Provided, That the
monthly payment made 12 months before the borrower applied for loan
cancellation as described in the matter preceding this proviso and the
most recent monthly payment made by the borrower at the time of such
application were each not less than the monthly amount that would be
calculated under, and for which the borrower would otherwise qualify
for, clause (i) or (iv) of section 455(m)(1)(A) regarding income-based
or income-contingent repayment plans, with exception for a borrower who
would have otherwise been eligible under this section but demonstrates
an unusual fluctuation of income over the past 5 years:
[[Page 753]]
Provided further, That the total loan volume, including outstanding
principal, fees, capitalized interest, or accrued interest, at
application that is eligible for such loan cancellation by such
borrowers shall not exceed $500,000,000: Provided further, That the
Secretary shall develop and make available a simple method for borrowers
to apply for loan cancellation under this section within 60 days of
enactment of this Act: Provided further, That the Secretary shall
provide loan cancellation under this section to eligible borrowers on a
first-come, first-serve basis, based on the date of application and
subject to both the limitation on total loan volume at application for
such loan cancellation specified in the second proviso and the
availability of appropriations under this section: Provided further,
That no borrower may, for the same service, receive a reduction of loan
obligations under both this section and section 428J, 428K, 428L, or 460
of such Act.
Sec. 316. Of the amounts made available under this title under the
heading ``Student Aid Administration'', $2,300,000 shall be used by the
Secretary of Education to conduct outreach to borrowers of loans made
under part D of title IV of the Higher Education Act of 1965 who may
intend to qualify for loan cancellation under 455(m) of such Act (20
U.S.C. 1087e(m)), to ensure that borrowers are meeting the terms and
conditions of such loan cancellation: Provided, That the Secretary
shall specifically conduct outreach to assist borrowers who would
qualify for loan cancellation under 455(m) of such Act except that the
borrower has made some, or all, of the 120 required payments under a
repayment plan that is not described under section 455(m)(A) of such
Act, to encourage borrowers to enroll in a qualifying repayment plan:
Provided further, That the Secretary shall also communicate to all
Direct Loan borrowers the full requirements of 455(m) of such Act and
improve the filing of employment certification by providing improved
outreach and information such as outbound calls, electronic
communications, ensuring prominent access to program requirements and
benefits on each servicer's website, and creating an option for all
borrowers to complete the entire payment certification process
electronically and on a centralized website.
children of fallen heroes scholarship act
Sec. 317. Section 473(b) of the Higher Education Act of 1965 (20
U.S.C. 1087mm(b)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``(in the case of a student who meets the
requirement of subparagraph (B)(i)), or academic year
2018-2019 (in the case of a student who meets the
requirement of subparagraph (B)(ii)),'' after ``academic
year 2009-2010''; and
(B) by amending subparagraph (B) to read as follows:
``(B) whose parent or guardian was--
``(i) a member of the Armed Forces of the
United States and died as a result of performing
military service in Iraq or Afghanistan after
September 11, 2001; or
``(ii) actively serving as a public safety
officer and died in the line of duty while
performing as a public safety officer; and'';
[[Page 754]]
(2) in paragraph (3)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(A) Armed forces.--Notwithstanding'';
(B) by striking ``paragraph (2)'' and inserting
``subparagraphs (A), (B)(i), and (C) of paragraph (2)'';
and
(C) by adding at the end the following:
``(B) Public safety officers.--Notwithstanding any
other provision of law, unless the Secretary establishes
an alternate method to adjust the expected family
contribution, for each student who meets the
requirements of subparagraphs (A), (B)(ii), and (C) of
paragraph (2), a financial aid administrator shall--
``(i) verify with the student that the student
is eligible for the adjustment;
``(ii) adjust the expected family contribution
in accordance with this subsection; and
``(iii) notify the Secretary of the adjustment
and the student's eligibility for the
adjustment.''; and
(3) by adding at the end the following:
``(4) Treatment of pell amount.--Notwithstanding section
1212 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796d-1), in the case of a student who receives an
increased Federal Pell Grant amount under this section, the
total amount of such Federal Pell Grant, including the increase
under this subsection, shall not be considered in calculating
that student's educational assistance benefits under the Public
Safety Officers' Benefits program under subpart 2 of part L of
title I of such Act.
``(5) Definition of public safety officer.--For purposes of
this subsection, the term `public safety officer' means--
``(A) a public safety officer, as defined in section
1204 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796b); or
``(B) a fire police officer, defined as an
individual who--
``(i) is serving in accordance with State or
local law as an officially recognized or
designated member of a legally organized public
safety agency;
``(ii) is not a law enforcement officer, a
firefighter, a chaplain, or a member of a rescue
squad or ambulance crew; and
``(iii) provides scene security or directs
traffic--
``(I) in response to any fire drill,
fire call, or other fire, rescue, or
police emergency; or
``(II) at a planned special
event.''.
Sec. 318. Notwithstanding any other provision of law funds awarded
under part D of title IV of the Elementary and Secondary Education Act
of 1965 for fiscal years 2017 and 2018 may be used for the purposes in
section 4407(a)(9) of such Act.
This title may be cited as the ``Department of Education
Appropriations Act, 2018''.
[[Page 755]]
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled established under section 8502 of
title 41, United States Code, $8,250,000: Provided, That in order to
authorize any central nonprofit agency designated pursuant to section
8503(c) of title 41, United States Code, to perform contract
requirements of the Committee as prescribed under section 51-3.2 of
title 41, Code of Federal Regulations, the Committee shall enter into a
written agreement with any such central nonprofit agency: Provided
further, That such agreement entered into under the preceding proviso
shall contain such auditing, oversight, and reporting provisions as
necessary to implement chapter 85 of title 41, United States Code:
Provided further, That such agreement shall include the elements listed
under this heading in the explanatory statement accompanying Public Law
114-113: Provided further, That a fee may not be charged under section
51-3.5 of title 41, Code of Federal Regulations, unless such fee is
under the terms of the written agreement between the Committee and any
such central nonprofit agency: Provided further, That no less than
$1,250,000 shall be available for the Office of Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title as
``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $767,629,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management of
the grants cycle; (2) $17,538,000 shall be available to provide
assistance to State commissions on national and community service, under
section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B)
of the 1990 Act; (3) $32,000,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $5,400,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990 Act, which,
notwithstanding the provisions of section 198P shall be awarded by CNCS
on a competitive basis: Provided further, That for the purposes of
carrying out the 1990 Act, satisfying the requirements in section
122(c)(1)(D) may include a determination of need by the local community.
[[Page 756]]
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under subtitle
D of title I of the 1990 Act, $206,842,000, to remain available until
expended: Provided, That CNCS may transfer additional funds from the
amount provided within ``Operating Expenses'' allocated to grants under
subtitle C of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the activities
of national service participants and after notice is transmitted to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That amounts appropriated for or transferred
to the National Service Trust may be invested under section 145(b) of
the 1990 Act without regard to the requirement to apportion funds under
31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $83,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,750,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2018, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose any
covered grant selection information regarding such selection, directly
or indirectly, to any person other than an officer or employee of CNCS
that is authorized by CNCS to receive such information.
Sec. 402. <> AmeriCorps programs
receiving grants under the National Service Trust program shall meet an
overall minimum share requirement of 24 percent for the first 3 years
that they receive AmeriCorps funding, and thereafter shall meet the
overall minimum share requirement as provided in section 2521.60 of
title 45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support Federal
share limitations in section 140 of the 1990 Act, and subject to partial
waiver consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I and
II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act
shall be used to supplement and not supplant current programs and
operations.
[[Page 757]]
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of the 1990
Act, an individual who successfully completes a term of service of not
less than 1,200 hours during a period of not more than one year may
receive a national service education award having a value of 70 percent
of the value of a national service education award determined under
section 147(a) of the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''), as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2020, $445,000,000: Provided, That none of the funds made available to
CPB by this Act shall be used to pay for receptions, parties, or similar
forms of entertainment for Government officials or employees: Provided
further, That none of the funds made available to CPB by this Act shall
be available or used to aid or support any program or activity from
which any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or sex:
Provided further, That none of the funds made available to CPB by this
Act shall be used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other personnel action
with respect to officers, agents, and employees of CPB: Provided
further, That none of the funds made available to CPB by this Act shall
be used to support the Television Future Fund or any similar purpose.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system and other technologies
and services that create infrastructure and efficiencies within the
public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, $46,650,000,
including up to $900,000
[[Page 758]]
to remain available through September 30, 2019, for activities
authorized by the Labor-Management Cooperation Act of 1978: Provided,
That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
recovery, for special training activities and other conflict resolution
services and technical assistance, including those provided to foreign
governments and international organizations, and for arbitration
services shall be credited to and merged with this account, and shall
remain available until expended: Provided further, That fees for
arbitration services shall be available only for education, training,
and professional development of the agency workforce: Provided further,
That the Director of the Service is authorized to accept and use on
behalf of the United States gifts of services and real, personal, or
other property in the aid of any projects or functions within the
Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act,
$240,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $8,480,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $12,545,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,250,000.
[[Page 759]]
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $274,224,000: Provided, That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and
as defined in section 3(f) of the Act of June 25, 1938, and including in
said definition employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water stored
or supplied thereby is used for farming purposes.
administrative provisions
Sec. 407. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be used
to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in an
election to determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$13,800,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $22,000,000, which
shall include amounts becoming available in fiscal year 2018 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
[[Page 760]]
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2019, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board (``Board'')
for administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $123,500,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund: Provided, That notwithstanding section 7(b)(9) of
the Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided further, That the
previous proviso shall not change the status under Federal employment
laws of any attorney hired by the Railroad Retirement Board prior to
January 1, 2013: Provided further, That $10,000,000, to remain
available until expended, shall be used to supplement, not supplant,
existing resources devoted to operations and improvements for the
Board's Information Technology Investment Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $11,000,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,400,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$38,487,277,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury: Provided further, That not more than $101,000,000 shall be
available for research and demonstrations under sections 1110, 1115, and
1144 of the Social Security Act, and remain available through September
30, 2020.
[[Page 761]]
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2019, $19,500,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $12,753,945,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,300,000 shall be for the Social Security Advisory
Board: Provided further, That $280,000,000 shall remain available until
expended for information technology modernization, including related
hardware and software infrastructure and equipment, and for
administrative expenses directly associated with information technology
modernization: Provided further, That $100,000,000 shall remain
available through September 30, 2019, for activities to address the
disability hearings backlog within the Office of Hearings Operations:
Provided further, That unobligated balances of funds provided under this
paragraph at the end of fiscal year 2018 not needed for fiscal year 2018
shall remain available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further,
That the Commissioner of Social Security shall notify the Committees on
Appropriations of the House of Representatives and the Senate prior to
making unobligated balances available under the authority in the
previous proviso: Provided further, That reimbursement to the trust
funds under this heading for expenditures for official time for
employees of the Social Security Administration pursuant to 5 U.S.C.
7131, and for facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the Treasury,
with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are made.
Of the total amount made available under this heading, not more than
$1,735,000,000, to remain available through March 31, 2019, is for the
costs associated with continuing disability reviews under titles II and
XVI of the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from services
demonstrate an individual's ability to engage in substantial gainful
activity, for the cost associated with conducting redeterminations of
eligibility under title XVI of the Social Security Act, for the cost of
co-operative disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations of the
Social Security Administration by Special Assistant United States
Attorneys: Provided, That, of such amount, $273,000,000 is provided to
meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget
and Emergency
[[Page 762]]
Deficit Control Act of 1985, as amended, and $1,462,000,000 is
additional new budget authority specified for purposes of section
251(b)(2)(B) of such Act: Provided further, That the Commissioner shall
provide to the Congress (at the conclusion of the fiscal year) a report
on the obligation and expenditure of these funds, similar to the reports
that were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $118,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2018
exceed $118,000,000, the amounts shall be available in fiscal year 2019
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$30,000,000, together with not to exceed $75,500,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, That notice of such transfers
shall be transmitted promptly to the Committees on Appropriations of the
House of Representatives and the Senate at least 15 days in advance of
any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for
[[Page 763]]
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local legislature
or legislative body, other than for normal and recognized executive-
legislative relationships or participation by an agency or officer of a
State, local or tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future Federal,
State or local tax increase, or any proposed, pending, or future
requirement or restriction on any legal consumer product, including its
sale or marketing, including but not limited to the advocacy or
promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Federal Mediation and
Conciliation Service, Salaries and Expenses''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
[[Page 764]]
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules
[[Page 765]]
of controlled substances established under section 202 of the Controlled
Substances Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of, a
unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to carry out
the Library Services and Technology Act may be made available to any
library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year 2018,
or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such
[[Page 766]]
reprogramming, whichever occurs earlier, and are notified in writing 10
days in advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2018, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal scientific
advisory committee disclose the political affiliation or voting history
of the candidate or the position that the candidate holds with respect
to political issues not directly related to and necessary for the work
of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2018 that are different than those
specified in this Act, the accompanying detailed table in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) or the fiscal year 2018 budget
request.
Sec. 517. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000 in value and awarded by the Department on
a non-competitive basis during each quarter of fiscal year 2018, but not
to include grants awarded on a formula basis or directed by law. Such
report shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim
[[Page 767]]
for credit for a quarter of coverage based on work performed under a
social security account number that is not the claimant's number and the
performance of such work under such number has formed the basis for a
conviction of the claimant of a violation of section 208(a)(6) or (7) of
the Social Security Act.
Sec. 519. None of the funds appropriated by this Act may be used by
the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system established
by title II of the Social Security Act and the social security system of
Mexico, which would not otherwise be payable but for such agreement.
Sec. 520. Notwithstanding any other provision of this Act, no funds
appropriated in this Act shall be used to purchase sterile needles or
syringes for the hypodermic injection of any illegal drug: Provided,
That such limitation does not apply to the use of funds for elements of
a program other than making such purchases if the relevant State or
local health department, in consultation with the Centers for Disease
Control and Prevention, determines that the State or local jurisdiction,
as applicable, is experiencing, or is at risk for, a significant
increase in hepatitis infections or an HIV outbreak due to injection
drug use, and such program is operating in accordance with State and
local law.
Sec. 521. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 522. None of the funds made available under this or any other
Act, or any prior Appropriations Act, may be provided to the Association
of Community Organizations for Reform Now (ACORN), or any of its
affiliates, subsidiaries, allied organizations, or successors.
Sec. 523. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 524. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 525. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to
[[Page 768]]
10 Performance Partnership Pilots. Such Pilots shall be governed by the
provisions of section 526 of division H of Public Law 113-76, except
that in carrying out such Pilots section 526 shall be applied by
substituting ``Fiscal Year 2018'' for ``Fiscal Year 2014'' in the title
of subsection (b) and by substituting ``September 30, 2022'' for
``September 30, 2018'' each place it appears: Provided, That such
pilots shall include communities that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, section 525 of division H of Public
Law 114-113, and section 525 of division H of Public Law 115-31.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
Sec. 526. <> Not later than 30 days after
the end of each calendar quarter, beginning with the first quarter of
fiscal year 2013, the Departments of Labor, Health and Human Services
and Education and the Social Security Administration shall provide the
Committees on Appropriations of the House of Representatives and Senate
a quarterly report on the status of balances of appropriations:
Provided, That for balances that are unobligated and uncommitted,
committed, and obligated but unexpended, the quarterly reports shall
separately identify the amounts attributable to each source year of
appropriation (beginning with fiscal year 2012, or, to the extent
feasible, earlier fiscal years) from which balances were derived.
(rescission)
Sec. 527. Of any available amounts appropriated under section
2104(a)(21) of the Social Security Act (42 U.S.C. 1397dd) that are
unobligated as of September 25, 2018, $3,572,000,000 are hereby
rescinded as of such date.
Sec. 528. Amounts deposited in the Child Enrollment Contingency
Fund prior to the beginning of fiscal year 2018 under section 2104(n)(2)
of the Social Security Act and the income derived from investment of
those funds pursuant to section 2104(n)(2)(C) of that Act, shall not be
available for obligation in this fiscal year.
Sec. 529. Of the amounts deposited in the Child Enrollment
Contingency Fund for fiscal year 2018 under section 2104(n)(2) of the
Social Security Act and the income derived from investment of those
funds pursuant to section 2104(n)(2)(C) of that Act, $1,967,678,000
shall not be available for obligation in this fiscal year.
(rescission)
Sec. 530. Of the funds made available for purposes of carrying out
section 2105(a)(3) of the Social Security Act, $88,613,000 are hereby
rescinded.
[[Page 769]]
(rescission)
Sec. 531. Any unobligated balances of available amounts
appropriated under section 108 of Public Law 111-3, as amended, other
than amounts subject to section 210(f) of the Social Security Act, are
hereby rescinded.
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2018''.
DIVISION I-- <> LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the President
Pro Tempore of the Senate, $37,520; Majority Leader of the Senate,
$39,920; Minority Leader of the Senate, $39,920; Majority Whip of the
Senate, $9,980; Minority Whip of the Senate, $9,980; President Pro
Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $4,690 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $4,690 for each Chairman; in
all, $189,840.
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $194,867,812, which shall be paid
from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,417,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $723,466.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $309,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,255,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,359,424.
[[Page 770]]
committee on appropriations
For salaries of the Committee on Appropriations, $15,142,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,658,000 for each such committee; in all, $3,316,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $817,402.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,692,905 for each such committee; in all,
$3,385,810.
office of the chaplain
For Office of the Chaplain, $436,886.
office of the secretary
For Office of the Secretary, $25,132,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $78,565,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,810,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $54,198,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $6,115,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,147,000.
[[Page 771]]
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for the
Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of the
Senate, section 112 of the Supplemental Appropriations and Rescission
Act, 1980 (Public Law 96-304), and Senate Resolution 281, 96th Congress,
agreed to March 11, 1980, $133,265,000, of which $26,650,000 shall
remain available until September 30, 2020.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$10,536,000 of which $7,036,000 shall remain available until September
30, 2022 and of which $4,100,000 shall remain available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $130,076,000, which shall remain available until September
30, 2022.
miscellaneous items
For miscellaneous items, $18,870,349 which shall remain available
until September 30, 2020.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$424,000,000 of which $20,128,950 shall remain available until September
30, 2020.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
[[Page 772]]
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal year or fiscal years for
which such amounts are made available. Any unexpended balances under
such allowances remaining after the end of the period of availability
shall be returned to the Treasury in accordance with the undesignated
paragraph under the center heading ``GENERAL PROVISION'' under chapter
XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and
used for deficit reduction (or, if there is no Federal budget deficit
after all such payments have been made, for reducing the Federal debt,
in such manner as the Secretary of the Treasury considers appropriate).
senate procurements
Sec. 102. Section 6102 of title 41, United States Code, is amended
by adding at the end the following:
``(i) Senate.--Section 6101 of this title does not apply to
agreements, contracts or purchases by any office of the Senate.''.
student loan repayment for employees of departing senators and vice
presidents
Sec. 103. (a) Section 102 of the Legislative Branch Appropriations
Act, 2002 (2 U.S.C. 4579) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (3) through (7), respectively;
(B) by inserting before paragraph (3), as so
redesignated, the following:
``(1) Departure date.--The term `departure date' means the
earlier of--
``(A) the date on which the term of a departing
Senator or Vice President ends; or
``(B) the date on which the departing Senator or
Vice President will retire or resign.
``(2) Departing senator or vice president.--The term
`departing Senator or Vice President' means a Senator or Vice
President who will not serve in the next term due to retirement,
resignation, a decision to not seek reelection, or a failure to
secure reelection.''; and
(C) in paragraph (3)(B), as so redesignated, by
striking ``rate of basic pay for an employee for a
position at ES-1'' and all that follows and inserting
``rate of basic pay payable for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code.'';
(2) in subsection (b)(1)(A)(ii), by striking ``1-year'';
(3) in subsection (c)(1)--
(A) by striking ``The term'' and inserting the
following:
[[Page 773]]
``(A) In general.--Except as provided in
subparagraph (B), the term''; and
(B) by adding at the end the following:
``(B) Departing senators and vice presidents.--After
the date that is 1 year before the departure date of a
departing Senator or Vice President, the departing
Senator or Vice President may enter into a service
agreement under this section with an eligible employee
of the office of the Senator or Vice President
(including an eligible employee who has completed a
required period of employment under a previous service
agreement) that includes a required period of employment
that--
``(i) is less than 1 year; and
``(ii) shall end on the last day of the last
full pay period ending on or before the departure
date of the departing Senator or Vice
President.'';
(4) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``or'' at
the end;
(ii) in subparagraph (B), by striking ``under
subsection (f)(7).'' and inserting a semicolon;
and
(iii) by adding at the end the following:
``(C) the agreement is terminated as provided under
subsection (f)(7)(A); or
``(D) the employee separates from service with the
office of a departing Senator or Vice President.''; and
(B) in paragraph (3), by inserting ``(including a
required period of employment described in subsection
(c)(1)(B))'' after ``required period of employment'';
and
(5) in subsection (f), by striking paragraph (7) and
inserting the following:
``(7) Change in payments.--
``(A) Reduction.--
``(i) In general.--Notwithstanding the terms
of a service agreement under this section, the
head of an employing office may reduce the amount
of student loan payments made under the agreement
if adequate funds are not available to such
office.
``(ii) Notice.--If the head of an employing
office decides to reduce the amount of student
loan payments to an eligible employee under clause
(i)--
``(I) the employing office shall
concurrently notify the eligible
employee and the Secretary of the Senate
of the reduction; and
``(II) not later than 30 days after
the date of the concurrent notice, the
eligible employee may terminate the
service agreement.
``(B) Increase.--Notwithstanding the terms of a
service agreement under this section, the head of an
employing office, with the consent of an eligible
employee, may increase the amount of student loan
payments made under the agreement with the eligible
employee, if--
``(i) the office has adequate funds available
for the purpose of agreements under this section;
``(ii) the amount of the increased payment
does not exceed the limitations under this
section; and
[[Page 774]]
``(iii) the total amount of the loan payments
to be made (including such increase) during the
remainder of the required period of employment
does not exceed the amount of student loan
indebtedness of the eligible employee as of the
date of the increase.''.
(b) <> The amendments made by this section
shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to a service agreement under section 102 of the
Legislative Branch Appropriations Act, 2002 (2 U.S.C. 4579) that
is in effect on the date of enactment of this Act or entered
into on or after the date of enactment of this Act.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,200,000,766, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $22,278,891,
including: Office of the Speaker, $6,645,417, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,180,048, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,114,471, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,886,632,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $1,459,639,
including $5,000 for official expenses of the Minority Whip; Republican
Conference, $1,505,426; Democratic Caucus, $1,487,258: Provided, That
such amount for salaries and expenses shall remain available from
January 3, 2018 until January 2, 2019.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $562,632,498.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $127,053,373: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2018, except that $3,150,200 of such amount shall remain
available until expended for committee room upgrading.
[[Page 775]]
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$23,226,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2018.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $204,356,000, including: for salaries and expenses of
the Office of the Clerk, including the positions of the Chaplain and the
Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000 is
for the Family Room and not more than $2,000 is for the Office of the
Chaplain, $27,945,000; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of Garages
and the Office of Emergency Management, and including not more than
$3,000 for official representation and reception expenses, $20,505,000
of which $6,696,000 shall remain available until expended; for salaries
and expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception expenses,
$132,865,000, of which $2,108,000 shall remain available until expended;
for salaries and expenses of the Office of the Inspector General,
$4,968,000; for salaries and expenses of the Office of General Counsel,
$1,492,000; for salaries and expenses of the Office of the
Parliamentarian, including the Parliamentarian, $2,000 for preparing the
Digest of Rules, and not more than $1,000 for official representation
and reception expenses, $2,037,000; for salaries and expenses of the
Office of the Law Revision Counsel of the House, $3,209,000; for
salaries and expenses of the Office of the Legislative Counsel of the
House, $9,937,000; for salaries and expenses of the Office of
Interparliamentary Affairs, $814,000; for other authorized employees,
$584,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $260,454,004, including: supplies, materials, administrative costs
and Federal tort claims, $3,625,000; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $233,040,004, to remain available
until March 31, 2019; Business Continuity and Disaster Recovery,
$16,186,000 of which $5,000,000 shall remain available until expended;
transition activities for new members and staff, $2,273,000, to remain
available until expended; Wounded Warrior Program $2,750,000, to remain
available until expended; Office of Congressional Ethics, $1,670,000;
and miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of the House,
$720,000.
[[Page 776]]
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2018. Any amount remaining after all
payments are made under such allowances for fiscal year 2018 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the House
of Representatives shall have authority to prescribe regulations to
carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
delivery of bills and resolutions
Sec. 111. None of the funds made available in this Act may be used
to deliver a printed copy of a bill, joint resolution, or resolution to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress) unless the Member
requests a copy.
delivery of congressional record
Sec. 112. None of the funds made available by this Act may be used
to deliver a printed copy of any version of the Congressional Record to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).
limitation on amount available to lease vehicles
Sec. 113. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an aggregate
amount that exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 114. None of the funds made available by this Act may be used
to provide an aggregate number of more than 50 printed copies of any
edition of the United States Code to all offices of the House of
Representatives.
delivery of reports of disbursements
Sec. 115. None of the funds made available by this Act may be used
to deliver a printed copy of the report of disbursements for the
operations of the House of Representatives under section
[[Page 777]]
106 of the House of Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 5535) to the office of a Member of the House
of Representatives (including a Delegate or Resident Commissioner to the
Congress).
delivery of daily calendar
Sec. 116. None of the funds made available by this Act may be used
to deliver to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress) a
printed copy of the Daily Calendar of the House of Representatives which
is prepared by the Clerk of the House of Representatives.
delivery of congressional pictorial directory
Sec. 117. None of the funds made available by this Act may be used
to deliver a printed copy of the Congressional Pictorial Directory to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).
amending the house services revolving fund
Sec. 118. (a) Collection of Certain Service Fees.--Section 105(a) of
the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 5545(a)) is
amended by adding at the end the following new paragraph:
``(7) The collection of a service fee from vendors of the
Master Web Services Agreement or the Technology Services
Contract for failure to abide by and maintain House of
Representatives security policies.''.
(b) <> Effective Date.--The amendment made
by subsection (a) shall take effect on the date of the enactment of this
Act.
transfer of funds
Sec. 119. <> (a) Notwithstanding any other
provision of law, upon completion of the second fiscal year which begins
after the end of the period during which amounts appropriated under any
of the items under the heading ``House of Representatives, Salaries and
Expenses'' are available for obligation or expenditure, any such amounts
which remain unobligated and unexpended shall be transferred to the
heading ``House of Representatives, Salaries and Expenses, Allowances
and Expenses'' and shall be available until expended for purposes of
House of Representatives Business Continuity and Disaster Recovery.
(b) Subsection (a) does not apply to amounts appropriated under the
heading ``House of Representatives, Salaries and Expenses, Members'
Representational Allowances''.
(c) The Chief Administrative Officer of the House of Representatives
shall notify the Committee on Appropriations of the House of
Representatives prior to the obligation or expenditure of any amounts
transferred under subsection (a).
(d) This section shall apply with respect to amounts appropriated
for fiscal year 2018 or any succeeding fiscal year.
[[Page 778]]
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$11,169,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,780,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned to
the Office of the Attending Physician, which shall be advanced
and credited to the applicable appropriation or appropriations
from which such salaries, allowances, and other expenses are
payable and shall be available for all the purposes thereof,
$3,838,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,444,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including overtime,
hazardous duty pay, and Government contributions for health, retirement,
social security, professional liability insurance, and other applicable
employee benefits, $351,700,000 of which overtime shall not exceed
$45,000,000 unless the Committee on Appropriations of the House and
Senate are notified, to be disbursed by the Chief of the Capitol Police
or his designee.
[[Page 779]]
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $74,800,000, to be
disbursed by the Chief of the Capitol Police or his designee: Provided,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Center for fiscal year 2018 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as authorized
by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C.
1385), $4,959,000, of which $450,000 shall remain available until
September 30, 2019: Provided, That not more than $500 may be expended
on the certification of the Executive Director of the Office of
Compliance in connection with official representation and reception
expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $49,945,000.
Administrative Provision
contracting parity
Sec. 130. <> In fiscal year 2018 and
thereafter, for all contracts for goods and services to which the
Congressional Budget Office is a party, the following Federal
Acquisition Regulation (FAR) clauses will apply: FAR 52.232-39 and FAR
52.233-4.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
[[Page 780]]
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation expenses,
to be expended as the Architect of the Capitol may approve; for purchase
or exchange, maintenance, and operation of a passenger motor vehicle,
$93,478,000.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $45,300,000, of which $19,458,000 shall remain available
until September 30, 2022.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $13,333,000, of which $3,195,000 shall remain
available until September 30, 2022.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$101,614,000, of which $38,937,000 shall remain available until
September 30, 2022.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $197,294,000, of which $73,130,000 shall
remain available until September 30, 2022, and of which $62,000,000
shall remain available until expended for the restoration and renovation
of the Cannon House Office Building.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available until
expended.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $106,694,000, of which $28,057,000 shall remain available
until September 30, 2022:
[[Page 781]]
Provided, That not more than $9,000,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be available
for obligation during fiscal year 2018.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$74,873,000, of which $47,500,000 shall remain available until September
30, 2022.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $34,249,000, of which
$13,300,000 shall remain available until September 30, 2022.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $13,800,000, of which $3,000,000 shall
remain available until September 30, 2022: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established under
section 307E of the Legislative Branch Appropriations Act, 1989 (2
U.S.C. 2146), upon vouchers approved by the Architect of the Capitol or
a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $21,470,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 140. None of the funds made available in this Act for the
Architect of the Capitol may be used to make incentive or award payments
to contractors for work on contracts or programs for which the
contractor is behind schedule or over budget, unless the Architect of
the Capitol, or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program.
scrims
Sec. 141. None of the funds made available by this Act may be used
for scrims containing photographs of building facades during
[[Page 782]]
restoration or construction projects performed by the Architect of the
Capitol.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and maintenance
of the American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses of the
Library of Congress Trust Fund Board not properly chargeable to the
income of any trust fund held by the Board, $477,017,000, of which not
more than $6,000,000 shall be derived from collections credited to this
appropriation during fiscal year 2018, and shall remain available until
expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from collections
during fiscal year 2018 and shall remain available until expended for
the development and maintenance of an international legal information
database and activities related thereto: Provided, That the Library of
Congress may not obligate or expend any funds derived from collections
under the Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided further,
That the total amount available for obligation shall be reduced by the
amount by which collections are less than $6,350,000: Provided further,
That of the total amount appropriated, not more than $12,000 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for the
Overseas Field Offices: Provided further, That of the total amount
appropriated, $8,653,000 shall remain available until expended for the
digital collections and educational curricula program: Provided
further, That of the total amount appropriated, $1,300,000 shall remain
available until expended for upgrade of the Legislative Branch Financial
Management System: Provided further, That of the total amount
appropriated, $10,000,000 is provided to enhance public exhibits and
visitor services at the Library; of which $2,000,000 shall remain
available until September 30, 2020 for planning, including developing
direct and indirect cost estimates in conjunction with the Architect of
the Capitol; and of which $8,000,000, to remain available until
expended, may be obligated and expended only upon written approval by
the Chair and ranking minority member of the Subcommittee on the
Legislative Branch of the Committee on Appropriations of the House of
Representatives and by the Chair and ranking minority member of the
Subcommittee on the Legislative Branch of the Committee on
Appropriations of the Senate, following review of a project budget
justification and cost estimate.
[[Page 783]]
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $72,011,000, of
which not more than $35,218,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2018 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any funds
derived from collections under such section, in excess of the amount
authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $6,087,000 shall be derived from
collections during fiscal year 2018 under sections 111(d)(2), 119(b)(3),
803(e), 1005, and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the amount by which
collections are less than $41,305,000: Provided further, That
$2,260,000 shall be derived from prior year unobligated balances:
Provided further, That not more than $100,000 of the amount appropriated
is available for the maintenance of an ``International Copyright
Institute'' in the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in intellectual
property laws and policies: Provided further, That not more than $6,500
may be expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for
activities of the International Copyright Institute and for copyright
delegations, visitors, and seminars: Provided further, That,
notwithstanding any provision of chapter 8 of title 17, United States
Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $119,279,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public General
Bills), to be issued by the Library of Congress unless such publication
has obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee on Rules
and Administration of the Senate: Provided further, That this
prohibition does not apply to publication of non-confidential
Congressional Research Service (CRS) products: Provided further, That a
non-confidential CRS product includes any written product containing
research or analysis that is currently available for general
congressional access on the CRS Congressional Intranet, or that would be
made available on the CRS Congressional Intranet in the normal course of
business
[[Page 784]]
and does not include material prepared in response to Congressional
requests for confidential analysis or research.
Books for the Blind and Physically Handicapped
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $51,498,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 150. (a) In General.--For fiscal year 2018, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $190,642,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
revolving funds update
Sec. 151. The Library of Congress Fiscal Operations Improvement Act
of 2000 (2 U.S.C. 182a et seq.; Public Law 106-481) is amended--
(1) in section 102 (2 U.S.C. 182b)--
(A) in the section heading, by striking the heading
and inserting ``Revolving fund for sales shop and other
services''; and
(B) in subsection (a), by adding at the end the
following: ``(5) Training.''; and
(2) in section 103(f)(1) (2 U.S.C. 182c(f)(1)), by inserting
``tribal governments (as defined in 40 U.S.C. 502(c)(2)(B))''
after ``Federal Government,''.
gifts
Sec. 152. The first undesignated paragraph of section 4 of the Act
entitled ``An Act to create a Library of Congress Trust Fund Board, and
for other purposes'', approved March 3, 1925 (2 U.S.C. 160), is
amended--
(1) in the first sentence--
(A) by striking ``of money for immediate
disbursement''; and
(B) by striking the period at the end and inserting
``, of the following: (1) nonpersonal services; (2)
voluntary and uncompensated personal services not to
exceed $10,000 per person, per year in value; and (3)
gifts or bequests of money for immediate
disbursement.''; and
(2) by adding the following sentence at the end of the first
paragraph: ``The Librarian shall make an annual public report
regarding gifts accepted under this section.''.
[[Page 785]]
application of congressional accountability act of 1995 to the library
of congress; election of proceeding
Sec. 153. (a) Application of Congressional Accountability Act of
1995 to the Library of Congress.--
(1) Application through definitions.--
(A) In general.--Section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301) is amended--
(i) in paragraph (3)--
(I) in subparagraph (H), by striking
``or'' at the end;
(II) in subparagraph (I), by
striking the period and inserting ``;
or''; and
(III) by adding at the end the
following:
``(J) the Library of Congress, except for section
220.''; and
(ii) in paragraph (9)--
(I) in subparagraph (C), by striking
``or'' at the end;
(II) in subparagraph (D), by
striking the period and inserting ``;
or''; and
(III) by adding at the end the
following:
``(E) the Library of Congress, except for section
220.''.
(B) Public services and accommodations.--Section
210(a) of the Congressional Accountability Act of 1995
(2 U.S.C. 1331(a)) is amended--
(i) in paragraph (9), by striking ``and'' at
the end;
(ii) in paragraph (10), by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(11) the Library of Congress.''.
(C) Labor-management regulations.--Section 220(a) of
the Congressional Accountability Act of 1995 (2 U.S.C.
1351(a)) is amended--
(i) in paragraph (2), in the paragraph
heading, by striking ``(2) Definition.--'' and
inserting ``(2) Application.--'' ; and
(ii) by adding at the end the following:
``(3) Definitions.--For purposes of this section, the term
`covered employee' does not include an employee of the Library
of Congress, and the term `employing office' does not include
the Library of Congress.''.
(2) Conforming amendments to act.--The Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended--
(A) in section 204(a)(2) (2 U.S.C. 1314(a)(2)), by
striking ``and the Library of Congress'' each place it
appears;
(B) in section 205(a)(2) (2 U.S.C. 1315(a)(2)), by
striking ``and the Library of Congress'' each place it
appears;
(C) in section 206(a)(2) (2 U.S.C. 1316(a)(2))--
(i) in subparagraph (B), by striking ``and the
Library of Congress''; and
(ii) in subparagraph (C), by striking ``and
the Library of Congress'';
(D) in section 215(a)(2) (2 U.S.C. 1341(a)(2))--
(i) in subparagraph (C), by striking ``, the
Library of Congress,''; and
[[Page 786]]
(ii) in subparagraph (D), by striking ``and
the Library of Congress''; and
(E) in section 415(a) (2 U.S.C. 1415(a))--
(i) by striking the comma after ``General
Accounting Office'' and inserting ``or''; and
(ii) by striking ``, or the Library of
Congress''.
(b) Election of Proceeding.--
(1) Procedure.--Section 401(3) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1401(3)) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``either'';
(B) in subparagraph (A), by striking ``or'' at the
end;
(C) in subparagraph (B), by striking the period and
inserting ``, or''; and
(D) by adding at the end the following:
``(C) in the case of an Library claimant (as defined
in section 404(a)), a proceeding described in section
404(b)(3) that relates to the violation at issue.''.
(2) Election.--Section 404 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1404) is amended--
(A) by striking ``Not'' and inserting the following:
``(b) Election After Proceedings Initially Brought Under This Act.--
Not''; and
(B) by inserting after the section heading the
following:
``(a) Definitions.--In this section:
``(1) Direct act.--The term `direct Act' means an Act (other
than this Act), or provision of the Revised Statutes, that is
specified in section 201, 202, 203, or 210.
``(2) Direct provision.--The term `direct provision' means a
provision (including a definitional provision) of a direct Act
that applies the rights or protections of a direct Act
(including rights and protections relating to nonretaliation or
noncoercion) to a library claimant.
``(3) Library claimant.--The term `Library claimant' means--
``(A) with respect to a direct provision (other than
a provision described in subparagraph (B)), an employee
of the Library of Congress who is covered by that direct
provision, and
``(B) with respect to a direct provision that
applies the rights or protections of title II or III of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12131 et seq., 12181 et seq.), an individual who is
eligible to provide services for or receive services
from the Library of Congress and who is covered by that
provision.'';
(C) in subsection (b), as added by subparagraph (A)
of this paragraph--
(i) in the matter preceding paragraph (1), by
striking ``may either'' and inserting ``who
initially requested counseling and mediation under
this title may elect to'';
(ii) in paragraph (1), by striking ``or'' at
the end;
(iii) in paragraph (2), by striking the period
and inserting ``, or''; and
``(3) in the case of a Library claimant, bring the claim,
complaint, or charge that is brought for a proceeding before
[[Page 787]]
the corresponding Federal agency, under the corresponding direct
provision.''; and
(D) by adding at the end the following:
``(c) Election After Proceedings Initially Brought Under Other Civil
Rights or Labor Law.--A library claimant who initially brings a claim,
complaint, or charge under a direct provision for a proceeding before a
Federal agency may, prior to requesting a hearing under the agency's
procedures, elect to--
``(1) bring any civil action relating to the claim,
complaint, or charge, that is available to the Library claimant,
``(2) file a complaint with the Office in accordance with
section 405, or
``(3) file a civil action in accordance with section 408 in
the United States district court for the district in which the
employee is employed or for the District of Columbia.''.
(c) <> Prospective Applicability.--This
section and the amendments made by this section--
(1) shall take effect on the date of enactment of this
section; and
(2) shall apply to any charge, complaint, or claim, that is
made on or after the date of enactment of this section, of a
violation of--
(A) section 201, 202, 203, 207, or 210 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1311
et seq.); or
(B) a direct provision as defined in section 404(a)
of the Congressional Accountability Act of 1995 (2
U.S.C. 1404) (as added by subsection (b)).
equal access to congressional research service reports
Sec. 154. <> (a) Definitions.--
(1) CRS product.--In this section, the term ``CRS product''
means any final written work product of CRS containing research
or analysis in any format that is available for general
congressional access on the CRS Congressional Intranet.
(2) CRS report.--
(A) In general.--In this section, the term ``CRS
Report'' means any written CRS product, including an
update to a previous written CRS product, consisting
of--
(i) a Congressional Research Service Report;
or
(ii) a Congressional Research Service
Authorization of Appropriations Product and
Appropriations Product, which is available for
general congressional access on the CRS
Congressional Intranet.
(B) Exclusions.--The term ``CRS Report'' does not
include--
(i) any CRS product that is determined by the
CRS Director to be a confidential product or
service because it was prepared in response to a
congressional request or requests for confidential
analysis or research and is not available for
general congressional access on the CRS
Congressional Intranet;
(ii) any Congressional Research Service Report
or any Congressional Research Service
Authorization of Appropriations Product and
Appropriations Product reported or produced before
the effective date of this
[[Page 788]]
Act which, as of such effective date, is not
available for general congressional access on the
CRS Congressional Intranet; or
(iii) a written CRS product that has been made
available by CRS for publication on a public
website maintained by the GPO Director (other than
the Website) or the Library of Congress.
(3) Other definitions.--In this section--
(A) the term ``CRS'' means the Congressional
Research Service;
(B) the term ``CRS Congressional Intranet'' means
the Website maintained by CRS at www.crs.gov, or a
successor website, for the purpose of providing to
Members and employees of Congress access to information
from CRS;
(C) the term ``CRS Director'' means the Director of
CRS;
(D) the term ``Librarian of Congress'' means the
Librarian of Congress appointed pursuant to 2 U.S.C.
136-1;
(E) the term ``Member of Congress'' includes a
Delegate or Resident Commissioner to Congress; and
(F) the term ``Website'' means the website
established and maintained under subsection (b).
(b) Availability of CRS Reports Through Library of Congress
Website.--
(1) Website.--
(A) Establishment and maintenance.--The Librarian of
Congress, in consultation with the CRS Director, shall
establish and maintain a public website containing CRS
Reports and an index of all CRS Reports contained on the
website, in accordance with this subsection.
(B) Format.--On the Website, CRS Reports shall be
searchable, sortable, and downloadable, including
downloadable in bulk.
(C) Free access.--Notwithstanding any other
provision of law, the Librarian of Congress may not
charge a fee for access to the Website.
(2) Updates; disclaimer.--The Librarian of Congress, in
consultation with the CRS Director, shall ensure that the
Website--
(A) is updated contemporaneously, automatically, and
electronically to include each new or updated CRS Report
released on or after the effective date of this section;
(B) shows the status of each CRS Report as new,
updated, or archived; and
(C) displays the following statement in reference to
the CRS Reports included on the Website: ``These
documents were prepared by the Congressional Research
Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It
operates solely at the behest of and under the direction
of Congress. Information in a CRS Report should not be
relied upon for purposes other than public understanding
of information that has been provided by CRS to Members
of Congress in connection with CRS's institutional role.
CRS Reports, as a work of the United States Government,
are not subject to copyright protection in the United
States.
[[Page 789]]
Any CRS Report may be reproduced and distributed in its
entirety without permission from CRS. However, as a CRS
Report may include copyrighted images or material from a
third party, you may need to obtain the permission of
the copyright holder if you wish to copy or otherwise
use copyrighted material.''.
(3) Furnishing of necessary information and technology.--The
CRS Director shall consult with and provide assistance to the
Librarian of Congress to ensure--
(A) that the Librarian of Congress is provided with
all of the information necessary to carry out this
section, including all of the information described in
clauses (i) through (iv) of subsection (c)(1)(A), in
such format and manner as the Librarian of Congress
considers appropriate; and
(B) that CRS makes available any information and
assistance as may be necessary to facilitate the
contemporaneous, automatic, and electronic provision of
CRS Reports to the Librarian of Congress as required
under this section.
(4) Nonexclusivity.--The Librarian of Congress may publish
other information on the Website.
(5) Alternative techniques.--The Librarian of Congress and
the CRS Director may use additional techniques to make CRS
Reports available to the public, if such techniques are
consistent with this section and any other applicable laws.
(6) Additional information.--The CRS Director is encouraged
to make additional CRS products that are not confidential
products or services available to the Librarian of Congress for
publication on the Website, and the Librarian of Congress is
encouraged to publish such CRS products on the Website.
(7) Expansion of contents of annual report to congress to
include information on efforts to make additional products
available on website.--Section 203(i) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 166(i)) is amended by
striking the period at the end and inserting the following: ``,
and shall include in the report a description of the efforts
made by the Director to make additional Congressional Research
Service products that are not confidential products or services
available to the Librarian of Congress for publication on the
website established and maintained under section 124 of the
Legislative Branch Appropriations Act, 2018.''.
(c) Website Contents.--
(1) Specific requirements for reports posted on website.--
(A) Responsibilities of librarian of congress.--With
respect to each CRS Report included on the Website, the
Librarian of Congress shall include--
(i) the name and identification number of the
CRS Report;
(ii) an indication as to whether the CRS
Report is new, updated, or archived;
(iii) the date of release of the CRS Report;
and
(iv) any other information the Librarian of
Congress, in consultation with the CRS Director,
considers appropriate.
[[Page 790]]
(B) Responsibilities of crs director.--With respect
to each CRS Report included on the Website, the CRS
Director shall, prior to transmitting the Report to the
Librarian of Congress--
(i) at the discretion of the CRS Director,
remove the name of and any contact information for
any employee of CRS; and
(ii) include in the CRS Report the following
written statement: ``This document was prepared by
the Congressional Research Service (CRS). CRS
serves as nonpartisan shared staff to
congressional committees and Members of Congress.
It operates solely at the behest of and under the
direction of Congress. Information in a CRS Report
should not be relied upon for purposes other than
public understanding of information that has been
provided by CRS to Members of Congress in
connection with CRS's institutional role. CRS
Reports, as a work of the United States
Government, are not subject to copyright
protection in the United States. Any CRS Report
may be reproduced and distributed in its entirety
without permission from CRS. However, as this CRS
Report may include copyrighted images or material
from a third party, you may need to obtain the
permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.''.
(2) Specific requirements for index on website.--The
Librarian of Congress shall ensure that the index of all CRS
Reports published on the Website is--
(A) comprehensive;
(B) contemporaneously updated;
(C) searchable;
(D) sortable;
(E) maintained in a human-readable format;
(F) maintained in a structured data format;
(G) downloadable; and
(H) inclusive of each item of information described
in paragraph (1)(A) with respect to each CRS Report.
(d) Conforming Amendment to Duties of CRS.--Section 203(d) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 166(d)) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) to comply with the requirements of, and provide
information and technological assistance consistent with,
section 124 of the Legislative Branch Appropriations Act,
2018.''.
(e) Rules of Construction.--
(1) No effect on speech or debate clause.--Nothing in this
section may be construed to diminish, qualify, condition, waive,
or otherwise affect the applicability of clause 1 of section 6
of article I of the Constitution of the United States (commonly
known as the ``Speech or Debate Clause'') or any other privilege
available to Congress or Members, offices, or employees of
Congress with respect to any CRS Report made available online
under this section.
[[Page 791]]
(2) Confidential communications.--Nothing in this section
may be construed to waive the requirement that any confidential
communication by CRS to a Member, office, or committee of
Congress shall remain under the custody and control of Congress
and may be released only by Congress and its Houses, Members,
offices, and committees, in accordance with the rules and
privileges of each House and the requirements of this section.
(3) Dissemination of crs products.--Nothing in this section
may be construed to limit or otherwise affect the ability of a
Member, office, or committee of Congress to disseminate CRS
products on a website of the Member, office, or committee or to
otherwise provide CRS products to the public, including as part
of constituent service activities.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2)(C),
this section and the amendments made by this section shall take
effect 90 days after the date on which the Librarian of Congress
submits the certification described in paragraph (2)(B).
(2) Provision of information and technology.--
(A) CRS deadline.--Not later than 90 days after the
date of enactment of this Act, the CRS Director shall
provide the Librarian of Congress with the information
necessary for the Librarian of Congress to begin the
initial operation of the Website.
(B) Certification.--Upon provision of the
information described in subparagraph (A), the Librarian
of Congress shall submit to Congress a certification
that the CRS Director has provided the information
necessary for the Librarian of Congress to begin the
initial operation of the Website.
(C) Technical delays.--In the event of technical
difficulties encountered in planning or implementing the
requirements of this section and the amendments made by
this section, upon providing a detailed report submitted
by the Librarian of Congress or the CRS Director to the
Committees on Appropriations of the House and the Senate
detailing the nature of the technical difficulties and
the timeline for resolving such technical difficulties,
the effective date established by subsection (f)(1)
shall be extended for up to 90 additional days.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing of
Government publications authorized by law to be distributed to Members
of Congress; and publishing, and distribution of Government publications
authorized by law to be distributed without charge to the recipient,
$79,528,000: Provided, That this appropriation shall not be available
for paper copies of the permanent edition of the Congressional Record
for individual Representatives, Resident
[[Page 792]]
Commissioners or Delegates authorized under section 906 of title 44,
United States Code: Provided further, That this appropriation shall be
available for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation under
section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act for
printing and binding and related services provided to Congress under
chapter 7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on
the date that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code: Provided
further, That any unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may be
transferred to the Government Publishing Office Business Operations
Revolving Fund for carrying out the purposes of this heading, subject to
the approval of the Committees on Appropriations of the House of
Representatives and Senate: Provided further, That notwithstanding
sections 901, 902, and 906 of title 44, United States Code, this
appropriation may be used to prepare indexes to the Congressional Record
on only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications and their distribution to the
public, Members of Congress, other Government agencies, and designated
depository and international exchange libraries as authorized by law,
$29,000,000: Provided, That amounts of not more than $2,000,000 from
current year appropriations are authorized for producing and
disseminating Congressional serial sets and other related publications
for fiscal years 2016 and 2017 to depository and other designated
libraries: Provided further, That any unobligated or unexpended
balances in this account or accounts for similar purposes for preceding
fiscal years may be transferred to the Government Publishing Office
Business Operations Revolving Fund for carrying out the purposes of this
heading, subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $8,540,000, to remain available until expended, for
information technology development and facilities repair: Provided,
That the Government Publishing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts
[[Page 793]]
and commitments without regard to fiscal year limitations as provided by
section 9104 of title 31, United States Code, as may be necessary in
carrying out the programs and purposes set forth in the budget for the
current fiscal year for the Government Publishing Office Business
Operations Revolving Fund: Provided further, That not more than $7,500
may be expended on the certification of the Director of the Government
Publishing Office in connection with official representation and
reception expenses: Provided further, That the Business Operations
Revolving Fund shall be available for the hire or purchase of not more
than 12 passenger motor vehicles: Provided further, That expenditures
in connection with travel expenses of the advisory councils to the
Director of the Government Publishing Office shall be deemed necessary
to carry out the provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be available
for temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than the daily
equivalent of the annual rate of basic pay for level V of the Executive
Schedule under section 5316 of such title: Provided further, That
activities financed through the Business Operations Revolving Fund may
provide information in any format: Provided further, That the Business
Operations Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of Documents'' may
not be used for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with official
representation and reception expenses; temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under section
5315 of such title; hire of one passenger motor vehicle; advance
payments in foreign countries in accordance with section 3324 of title
31, United States Code; benefits comparable to those payable under
sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22
U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living quarters in
foreign countries, $578,916,653: Provided, That of this amount
$10,000,000 is provided for information technology investments and
building facility projects to remain available until September 30, 2019:
Provided further, That, in addition, $23,800,000 of payments received
under sections 782, 791, 3521, and 9105 of title 31, United States Code,
shall be available without fiscal year limitation: Provided further,
That this appropriation and appropriations for administrative expenses
of any other department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental Audit
Forum shall be available to finance an appropriate share of either
Forum's costs as determined by the respective
[[Page 794]]
Forum, including necessary travel expenses of non-Federal participants:
Provided further, That payments hereunder to the Forum may be credited
as reimbursements to any appropriation from which costs involved are
initially financed: Provided further, That this appropriation shall be
available to transfer amounts to the Department of the Army for the
construction of an Army facility at Redstone Arsenal for the sole,
unlimited use of GAO: Provided further, That hereafter, amounts
appropriated for the salaries and expenses of the Government
Accountability Office shall be available to transfer to the Department
of the Army for the maintenance of such facility.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$5,600,000: Provided, That funds made available to support Russian
participants shall only be used for those engaging in free market
development, humanitarian activities, and civic engagement, and shall
not be used for officials of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2 U.S.C.
1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2018 unless expressly
so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation
of any office or position appropriated for is different from that
specifically established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with
[[Page 795]]
respect thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and committees
of the Senate and House of Representatives, and clerk hire for Senators
and Members of the House of Representatives shall be the permanent law
with respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, under section 3109
of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating legislative branch entities (in such
allocations among the entities as the entities may determine) may not
exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of Congress
and other offices of the House of Representatives and Senate, unless
through regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2018''.
[[Page 796]]
DIVISION J-- <> MILITARY CONSTRUCTION,
VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the functions of the Commander
in Chief, $923,994,000, to remain available until September 30, 2022:
Provided, That, of this amount, not to exceed $101,470,000 shall be
available for study, planning, design, architect and engineer services,
and host nation support, as authorized by law, unless the Secretary of
the Army determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,553,275,000, to remain available until September 30,
2022: Provided, That, of this amount, not to exceed $219,069,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of Congress
of the determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$1,543,558,000, to remain available until September 30, 2022: Provided,
That, of this amount, not to exceed $97,852,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of the Air Force determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
[[Page 797]]
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$2,811,513,000, to remain available until September 30, 2022: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided further, That, of
the amount, not to exceed $210,717,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: Provided further, That the Director of the
Missile Defense Agency shall provide quarterly reports to the
congressional defense committees on the construction timeline and
obligations for the Poland Aegis Ashore complex.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $220,652,000, to remain available until September
30, 2022: Provided, That, of the amount, not to exceed $16,271,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the Army
National Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $171,491,000, to remain available until September
30, 2022: Provided, That, of the amount, not to exceed $18,000,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the Air
National Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
[[Page 798]]
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts, $83,712,000, to remain
available until September 30, 2022: Provided, That, of the amount, not
to exceed $6,887,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the Chief
of the Army Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $95,271,000, to remain available until September 30,
2022: Provided, That, of the amount, not to exceed $24,430,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of Congress
of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $73,535,000, to
remain available until September 30, 2022: Provided, That, of the
amount, not to exceed $4,725,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Chief of the Air Force Reserve determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: Provided further, That, the Chief of the Air
Force Reserve shall take immediate action to address unfunded military
construction requirements for access control points and security issues
at Air Force Reserve facilities.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code,
[[Page 799]]
and Military Construction Authorization Acts, $177,932,000, to remain
available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $310,000,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $182,662,000, to remain available
until September 30, 2022: Provided, That none of the funds provided
under this heading for family housing construction may be expended for
family housing improvements on Kwajalein Atoll until the Secretary of
the Army certifies to the congressional defense committees that the new
housing units represent the best value to the taxpayer and that no
reasonable alternatives exist at a lower cost.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $348,907,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $83,682,000, to remain
available until September 30, 2022.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $328,282,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $85,062,000, to remain available until
September 30, 2022.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $318,324,000.
[[Page 800]]
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $59,169,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$2,726,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $623,000, to remain available until expended, for
unaccompanied housing initiatives undertaken pursuant to section 2883 of
title 10, United States Code, providing alternative means of acquiring
and improving military unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized by
section 210 of title 23, United States Code, when projects authorized
therein are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise determined
by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or
[[Page 801]]
(3) install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such steel
procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Gulf, unless such contracts are awarded
to United States firms or United States firms in joint venture with host
nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided, That
this section shall not be applicable to contract awards for which the
lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency
[[Page 802]]
for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such a
project or contract, at any time before the end of the fourth fiscal
year after the fiscal year for which funds for such project were made
available, if the funds obligated for such project: (1) are obligated
from funds available for military construction projects; and (2) do not
exceed the amount appropriated for such project, plus any amount by
which the cost of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to: (1)
the Department of Defense Family Housing Improvement Fund from amounts
appropriated for construction in ``Family Housing'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund; or (2) the
Department of Defense Military Unaccompanied Housing Improvement Fund
from amounts appropriated for construction of military unaccompanied
housing in ``Military Construction'' accounts, to be merged with and to
be available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available to cover
the costs, as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the Department of
Defense pursuant to the provisions of subchapter IV of chapter 169 of
title 10, United States Code, pertaining to alternative means of
acquiring and improving military family housing, military unaccompanied
housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan Development
Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A).
Any amounts transferred shall be merged with and be available for the
same purposes and for the same time period as the fund to which
transferred.
Sec. 119. <> Notwithstanding any other
provision of law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including general or
flag officer quarters: Provided, That not more than $35,000 per unit
may be spent annually for the maintenance and repair of any general or
flag officer quarters without 30 days prior notification, or 14 days for
a notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, except that an after-the-fact
notification shall be submitted if the limitation
[[Page 803]]
is exceeded solely due to costs associated with environmental
remediation that could not be reasonably anticipated at the time of the
budget submission: Provided further, That the Under Secretary of
Defense (Comptroller) is to report annually to the Committees on
Appropriations of both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer quarters for
the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States
Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making authorized
adjustments to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated balances of
such appropriations may be transferred into the appropriation ``Foreign
Currency Fluctuations, Construction, Defense'', to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used by the Secretary of the
Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the total
number of civilian employees of the Department of the Army and
Army contractor personnel employed exceeds 10 percent of the
total number of members of the regular and reserve components of
the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the Secretary of
the Army certifies to the congressional defense committees that in
proposing the relocation of the unit of the Army, the Secretary complied
with Army Regulation 5-10 relating to the policy, procedures, and
responsibilities for Army stationing actions.
Sec. 123. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred among
projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
[[Page 804]]
Sec. 125. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2022:
``Military Construction, Army'', $93,800,000, of which
$25,000,000 is for planning and design;
``Military Construction, Navy and Marine Corps'',
$202,130,000, of which $25,000,000 is for planning and design;
``Military Construction, Air Force'', $138,100,000, of which
$25,000,000 is for planning and design;
``Military Construction, Army National Guard'',
$113,500,000, of which $20,000,000 is for planning and design;
``Military Construction, Air National Guard'', $52,000,000,
of which $20,000,000 is for planning and design;
``Military Construction, Army Reserve'', $76,000,000, of
which $20,000,000 is for planning and design; and
``Military Construction, Air Force Reserve'', $64,100,000,
of which $20,000,000 is for planning and design:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military department's
unfunded priority list for fiscal year 2018 submitted to Congress:
Provided further, That such projects are subject to authorization prior
to obligation and expenditure of funds to carry out construction:
Provided further, That not later than 30 days after enactment of this
Act, the Secretary of the military department concerned, or his or her
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
(rescissions of funds)
Sec. 126. Of the unobligated balances available to the Department
of Defense from prior appropriation Acts, the following funds are hereby
rescinded from the following accounts in the amounts specified:
``NATO Security Investment Program'', $25,000,000; and
``Family Housing Construction, Army'', $18,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Sec. 127. <> For the purposes of this Act,
the term ``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the Senate, the
Subcommittee on Military Construction and Veterans Affairs of the
Committee on Appropriations of the Senate, and the Subcommittee on
Military Construction and Veterans Affairs of the Committee on
Appropriations of the House of Representatives.
Sec. 128. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 129. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to consolidate or relocate any element of a United States
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
Engineer (RED HORSE) outside of the United States until the Secretary of
the Air Force (1) completes
[[Page 805]]
an analysis and comparison of the cost and infrastructure investment
required to consolidate or relocate a RED HORSE squadron outside of the
United States versus within the United States; (2) provides to the
Committees on Appropriations of both Houses of Congress (``the
Committees'') a report detailing the findings of the cost analysis; and
(3) certifies in writing to the Committees that the preferred site for
the consolidation or relocation yields the greatest savings for the Air
Force: Provided, That the term ``United States'' in this section does
not include any territory or possession of the United States.
Sec. 130. All amounts appropriated to ``Department of Defense--
Military Construction, Defense-Wide'' pursuant to the authorization of
appropriations in section 2403 of Public Law 115-91, as specified for
fiscal year 2018 in the funding table in section 4601 of that Act, shall
be immediately available and allotted to contract for the full scope of
authorized projects.
Sec. 131. For an additional amount for ``Military Construction,
Army'', for the Defense Access Road Program, $20,000,000, to remain
available until expended: Provided, That amounts made available under
this section may not be obligated or expended until the Secretary of the
Army submits to the Committees on Appropriations of the Senate and House
of Representatives a detailed expenditure plan 30 days after enactment
of this Act.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by section
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as authorized
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits
and certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of title IV of the
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
other benefits as authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$95,768,462,000, to remain available until expended and to become
available on October 1, 2018: Provided, That not to exceed $17,882,000
of the amount made available for fiscal year 2019 under this heading
shall be reimbursed to ``General Operating Expenses, Veterans Benefits
Administration'', and ``Information Technology Systems'' for necessary
expenses in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical Care
Collections Fund'' to augment the funding of
[[Page 806]]
individual medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36,
39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$11,832,175,000, to remain available until expended and to become
available on October 1, 2018: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $121,529,000, to remain available until
expended, of which $109,090,000 shall become available on October 1,
2018.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2018, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $178,626,000.
vocational rehabilitation loans program account
For the cost of direct loans, $30,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,356,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $395,000, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,163,000.
[[Page 807]]
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration for
security guard services, and reimbursement of the Department of Defense
for the cost of overseas employee mail, $2,910,000,000: Provided, That
expenses for services and assistance authorized under paragraphs (1),
(2), (5), and (11) of section 3104(a) of title 38, United States Code,
that the Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible, to become
employable and to obtain and maintain suitable employment; or (2) to
achieve maximum independence in daily living, shall be charged to this
account: Provided further, That, of the funds made available under this
heading, not to exceed 10 percent shall remain available until September
30, 2019.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food services,
and salaries and expenses of healthcare employees hired under title 38,
United States Code, aid to State homes as authorized by section 1741 of
title 38, United States Code, assistance and support services for
caregivers as authorized by section 1720G of title 38, United States
Code, loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances
authorized by section 322(d) of title 38, United States Code, grants
authorized by section 521A of title 38, United States Code, and
administrative expenses necessary to carry out sections 322(d) and 521A
of title 38, United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$1,962,984,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2017; and, in addition, $49,161,165,000, plus reimbursements, shall
become available on October 1, 2018, and shall remain available until
September 30, 2019: Provided, That, of the amount made available on
October 1, 2018, under this heading, $1,400,000,000 shall remain
available until September 30, 2020: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall give
priority funding for the provision of basic medical benefits to veterans
in enrollment priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs may authorize the dispensing
[[Page 808]]
of prescription drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That the
implementation of the program described in the previous proviso shall
incur no additional cost to the Department of Veterans Affairs:
Provided further, That the Secretary of Veterans Affairs shall ensure
that sufficient amounts appropriated under this heading for medical
supplies and equipment are available for the acquisition of prosthetics
designed specifically for female veterans.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $419,176,000, which shall be in addition to funds
previously appropriated under this heading that became available on
October 1, 2017; and, in addition, $8,384,704,000, plus reimbursements,
shall become available on October 1, 2018, and shall remain available
until September 30, 2019: Provided, That, of the amount made available
on October 1, 2018, under this heading, $2,000,000,000 shall remain
available until September 30, 2022.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$100,000,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2017; and, in addition, $7,239,156,000, plus reimbursements, shall
become available on October 1, 2018, and shall remain available until
September 30, 2019: Provided, That, of the amount made available on
October 1, 2018, under this heading, $100,000,000 shall remain available
until September 30, 2020.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry services; $707,000,000, to remain available
until September 30, 2019, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2017; and, in addition,
[[Page 809]]
$5,914,288,000, plus reimbursements, shall become available on October
1, 2018, and shall remain available until September 30, 2019: Provided,
That, of the amount made available on October 1, 2018, under this
heading, $250,000,000 shall remain available until September 30, 2020.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, $722,262,000, plus reimbursements, shall remain
available until September 30, 2019: Provided, That the Secretary of
Veterans Affairs shall ensure that sufficient amounts appropriated under
this heading are available for prosthetic research specifically for
female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $306,193,000, of which not to exceed 10 percent
shall remain available until September 30, 2019.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $335,891,000, of which not to exceed 10 percent
shall remain available until September 30, 2019: Provided, That funds
provided under this heading may be transferred to ``General Operating
Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$161,048,000, of which not to exceed 10 percent shall remain available
until September 30, 2019.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information
[[Page 810]]
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$4,055,500,000, plus reimbursements: Provided, That $1,230,320,000
shall be for pay and associated costs, of which not to exceed 5 percent
shall remain available until September 30, 2019: Provided further, That
$2,496,650,000 shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30, 2019:
Provided further, That $328,530,000 shall be for information technology
systems development, and shall remain available until September 30,
2019: Provided further, That amounts made available for information
technology systems development may not be obligated or expended until
the Secretary of Veterans Affairs or the Chief Information Officer of
the Department of Veterans Affairs submits to the Committees on
Appropriations of both Houses of Congress a certification of the
amounts, in parts or in full, to be obligated and expended for each
development project: Provided further, That amounts made available for
salaries and expenses, operations and maintenance, and information
technology systems development may be transferred among the three
subaccounts after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued: Provided further, That
amounts made available for the ``Information Technology Systems''
account for development may be transferred among projects or to newly
defined projects: Provided further, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting a request
to the Committees on Appropriations of both Houses of Congress to make
the transfer and an approval is issued, or absent a response, a period
of 30 days has elapsed: Provided further, That the funds made available
under this heading for information technology systems development shall
be for the projects, and in the amounts, specified under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans Electronic
Health Record system, including contractual costs associated with
operations authorized by section 3109 of title 5, United States Code,
and salaries and expenses of employees hired under titles 5 and 38,
United States Code, $782,000,000, to remain available until September
30, 2020: Provided, That the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress quarterly
reports detailing obligations, expenditures, and deployment
implementation by facility: Provided further, That the funds provided
in this account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office.
[[Page 811]]
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $164,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2019.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition, where the estimated cost of a project is more than
the amount set forth in section 8104(a)(3)(A) of title 38, United States
Code, or where funds for a project were made available in a previous
major project appropriation, $512,430,000, of which $432,430,000 shall
remain available until September 30, 2022, and of which $80,000,000
shall remain available until expended: Provided, That except for
advance planning activities, including needs assessments which may or
may not lead to capital investments, and other capital asset management
related activities, including portfolio development and management
activities, and investment strategy studies funded through the advance
planning fund and the planning and design activities funded through the
design fund, including needs assessments which may or may not lead to
capital investments, and salaries and associated costs of the resident
engineers who oversee those capital investments funded through this
account and contracting officers who manage specific major construction
projects, and funds provided for the purchase, security, and maintenance
of land for the National Cemetery Administration through the land
acquisition line item, none of the funds made available under this
heading shall be used for any project that has not been notified to
Congress through the budgetary process or that has not been approved by
the Congress through statute, joint resolution, or in the explanatory
statement accompanying such Act and presented to the President at the
time of enrollment: Provided further, That funds made available under
this heading for fiscal year 2018, for each approved project shall be
obligated: (1) by the awarding of a construction documents contract by
September 30, 2018; and (2) by the awarding of a construction contract
by September 30, 2019: Provided further, That the Secretary of Veterans
Affairs shall promptly submit to the Committees on Appropriations of
both Houses of Congress a written report on any approved major
construction project for which obligations are not incurred within the
time limitations established above: Provided further, That, of the
amount made available under this heading, $117,300,000 for Veterans
Health Administration major construction projects shall not be available
until the Department of Veterans Affairs--
[[Page 812]]
(1) enters into an agreement with an appropriate non-
Department of Veterans Affairs Federal entity to serve as the
design and/or construction agent for any Veterans Health
Administration major construction project with a Total Estimated
Cost of $100,000,000 or above by providing full project
management services, including management of the project design,
acquisition, construction, and contract changes, consistent with
section 502 of Public Law 114-58; and
(2) certifies in writing that such an agreement is executed
and intended to minimize or prevent subsequent major
construction project cost overruns and provides a copy of the
agreement entered into and any required supplementary
information to the Committees on Appropriations of both Houses
of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set forth in
section 8104(a)(3)(A) of title 38, United States Code, $342,570,000, to
remain available until September 30, 2022, along with unobligated
balances of previous ``Construction, Minor Projects'' appropriations
which are hereby made available for any project where the estimated cost
is equal to or less than the amount set forth in such section:
Provided, That funds made available under this heading shall be for: (1)
repairs to any of the nonmedical facilities under the jurisdiction or
for the use of the Department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by such
causes.
grants for construction of
state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $110,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to remain
available until expended.
[[Page 813]]
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2018 for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' may be transferred as necessary to any other of the
mentioned appropriations: Provided, That, before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2018, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers among
the ``Medical Services'', ``Medical Community Care'', and ``Medical
Support and Compliance'' accounts in excess of 1 percent, or exceeding
the cumulative 1 percent for the fiscal year, may take place only after
the Secretary requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an approval is
issued: Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and ``Construction,
Minor Projects'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws providing
such benefits to veterans, and persons receiving such treatment under
sections 7901 through 7904 of title 5, United States Code, or the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.)), unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical Services'' account at such rates as
may be fixed by the Secretary of Veterans Affairs.
[[Page 814]]
Sec. 206. Appropriations available in this title for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2017.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
United States Code, except that if such obligations are from trust fund
accounts they shall be payable only from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during fiscal
year 2018, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund under section 1920 of title 38, United
States Code, the Veterans' Special Life Insurance Fund under section
1923 of title 38, United States Code, and the United States Government
Life Insurance Fund under section 1955 of title 38, United States Code,
reimburse the ``General Operating Expenses, Veterans Benefits
Administration'' and ``Information Technology Systems'' accounts for the
cost of administration of the insurance programs financed through those
accounts: Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program during fiscal
year 2018 that are available for dividends in that program after claims
have been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent of such
surplus earnings: Provided further, That the Secretary shall determine
the cost of administration for fiscal year 2018 which is properly
allocable to the provision of each such insurance program and to the
provision of any total disability income insurance included in that
insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, the Office of Employment Discrimination
Complaint Adjudication, the Office of Accountability and Whistleblower
Protection, and the Office of Diversity and Inclusion for all services
provided at rates which will recover actual costs but not to exceed
$47,668,000 for the Office of Resolution Management, $3,932,000 for the
Office of Employment Discrimination Complaint Adjudication, $17,620,000
for the Office of Accountability and Whistleblower Protection, and
$2,973,000 for the Office of Diversity and Inclusion: Provided, That
payments may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received
[[Page 815]]
shall be credited to the ``General Administration'' and ``Information
Technology Systems'' accounts for use by the office that provided the
service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States Code,
for a non-service-connected disability described in section 1729(a)(2)
of such title, unless that person has disclosed to the Secretary of
Veterans Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of section
1729 of such title: Provided, That the Secretary may recover, in the
same manner as any other debt due the United States, the reasonable
charges for such care or services from any person who does not make such
disclosure as required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects'' and
``Construction, Minor Projects'' accounts and be used for construction
(including site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or for the
use of the Department of Veterans Affairs. Such sums as realized are in
addition to the amount provided for in ``Construction, Major Projects''
and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State of
Alaska and Indian tribes and tribal organizations which are party to the
Alaska Native Health Compact with the Indian Health Service, to provide
healthcare, including behavioral health and dental care, to veterans in
rural Alaska. The Secretary shall require participating veterans and
facilities to comply with all appropriate rules and regulations, as
established by the Secretary. The term ``rural Alaska'' shall mean those
lands which are not within the boundaries of the municipality of
Anchorage or the Fairbanks North Star Borough.
[[Page 816]]
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the preceding
quarter: Provided, That, at a minimum, the report shall include the
direction contained in the paragraph entitled ``Quarterly reporting'',
under the heading ``General Administration'' in the joint explanatory
statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2018 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of Veterans
Affairs for fiscal year 2018 for ``Medical Services'', ``Medical
Community Care'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Construction, Minor Projects'', and ``Information
Technology Systems'', up to $297,137,000, plus reimbursements, may be
transferred to the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund, established by section 1704
of the National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4500): Provided, That additional funds may be transferred from accounts
designated in this section to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress: Provided
further, That section 222 of title II of division A of Public Law 114-
223 is repealed.
[[Page 817]]
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of Veterans
Affairs which become available on October 1, 2018, for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $306,378,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That additional funds may be transferred from
accounts designated in this section to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571); and (2) for operations of the facilities designated
as combined Federal medical facilities as described by section 706 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), amounts
transferred to the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund shall remain available until
expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall
be transferred to the DOD-VA Health Care Sharing Incentive Fund, as
authorized by section 8111(d) of title 38, United States Code, to remain
available until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. None of the funds available to the Department of Veterans
Affairs, in this or any other Act, may be used to replace the current
system by which the Veterans Integrated Service Networks select and
contract for diabetes monitoring supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all
[[Page 818]]
bid savings in a major construction project that total at least
$5,000,000, or 5 percent of the programmed amount of the project,
whichever is less: Provided, That such notification shall occur within
14 days of a contract identifying the programmed amount: Provided
further, That the Secretary shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to the
obligation of such bid savings and shall describe the anticipated use of
such savings.
Sec. 225. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report containing performance measures and data from each Veterans
Benefits Administration Regional Office: Provided, That, at a minimum,
the report shall include the direction contained in the section entitled
``Disability claims backlog'', under the heading ``General Operating
Expenses, Veterans Benefits Administration'' in the joint explanatory
statement accompanying Public Law 114-223: Provided further, That the
report shall also include information on the number of appeals pending
at the Veterans Benefits Administration as well as the Board of Veterans
Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $2,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans Health
Administration, may transfer to the ``Medical Services'' account any
discretionary appropriations made available for fiscal year 2018 in this
title (except appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any discretionary
unobligated balances within the Department of Veterans Affairs,
including those appropriated for fiscal year 2018, that were provided in
advance by appropriations Acts: Provided, That transfers shall be made
only with the approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section is in
addition to any other transfer authority provided by law: Provided
further, That no amounts may be transferred from amounts that were
designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
[[Page 819]]
Deficit Control Act of 1985: Provided further, That such authority to
transfer may not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which originally
appropriated and in no case where the item for which funds are requested
has been denied by Congress: Provided further, That, upon determination
that all or part of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that appropriation
and shall be available for the same purposes as originally appropriated:
Provided further, That before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and
receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of Veterans
Affairs for fiscal year 2018, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits Administration''
accounts may be transferred between such accounts: Provided, That
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and receive approval of that
request.
Sec. 231. The Secretary of Veterans Affairs may not reprogram funds
among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38, United
States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum, or
other action by the President; and
(ii) any agency policy, order, or other directive.
Sec. 233. None of the funds in this or any other Act may be used to
close Department of Veterans Affairs (VA) hospitals, domiciliaries, or
clinics, conduct an environmental assessment, or to diminish healthcare
services at existing Veterans Health Administration medical facilities
located in Veterans Integrated Service Network 23 as part of a planned
realignment of VA services until the Secretary provides to the
Committees on Appropriations
[[Page 820]]
of both Houses of Congress a report including the following elements:
(1) a national realignment strategy that includes a detailed
description of realignment plans within each Veterans Integrated
Services Network (VISN), including an updated Long Range Capital
Plan to implement realignment requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned
realignment, including the cost of replacing Veterans Health
Administration services with contract care or other outsourced
services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in rural
or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings' condition
and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation Act;
and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in VISN
23, or any other VISN, which have been authorized or approved by
Congress.
Sec. 234. Section 8109(b) of title 38, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) notwithstanding subsection (a) of section 1344 of title 31,
may use a passenger carrier (as such term is defined in subsection
(h)(1) of such section) to transport such an employee between a parking
facility and the medical facility of the Department at which the
employee works.''.
Sec. 235. None of the funds made available to the Secretary of
Veterans Affairs by this or any other Act may be obligated or expended
in contravention of the ``Veterans Health Administration Clinical
Preventive Services Guidance Statement on the Veterans Health
Administration's Screening for Breast Cancer Guidance'' published on May
10, 2017, as issued by the Veterans Health Administration National
Center for Health Promotion and Disease Prevention.
Sec. 236. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
[[Page 821]]
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum on
the subject of ``Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II or
III) Active Duty Service Members'' issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such a
member except that--
(A) the time periods regarding embryo
cryopreservation and storage set forth in part III(G)
and in part IV(H) of such memorandum shall not apply;
and
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under the
same terms as apply under the adoption reimbursement program of
the Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the reimbursement limits
and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2017 (Public Law 115-31).
(rescission of funds)
Sec. 237. Of the unobligated balance of funds made available in the
sixth proviso under the heading ``Department of Veterans Affairs--
Veterans Health Administration--Medical Services'' in title II of
Division J of the Consolidated Appropriations Act, 2016 (Public Law 114-
113), $751,000,000 is hereby rescinded.
Sec. 238. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 239. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code,
[[Page 822]]
or one or more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
Sec. 240. <> (a) Except as provided
in subsection (b), the Secretary of Veterans Affairs, in consultation
with the Secretary of Defense and the Secretary of Labor, shall
discontinue using Social Security account numbers to identify
individuals in all information systems of the Department of Veterans
Affairs as follows:
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by the
Secretary, not later than 5 years after the date of the
enactment of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this Act.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of the
Department of Veterans Affairs if and only if the use of such number is
required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
Sec. 241. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2018 and 2019 for ``Medical Services'', section
239 of Division A of Public Law 114-223 shall apply.
Sec. 242. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
(rescissions of funds)
Sec. 243. (a) Of the unobligated balance of funds made available
through September 30, 2018, under the heading ``Construction, Major
Projects'' in division J of the Consolidated Appropriations Act, 2014
(Public Law 113-76), $10,000,000 is hereby rescinded.
(b) For an additional amount for ``Construction, Major Projects'',
$10,000,000, to remain available until September 30, 2023.
(c) Of the unobligated balance of funds made available through
September 30, 2019, under the heading ``Construction, Major Projects''
in division I of the Consolidated and Further Continuing Appropriations
Act, 2015 (Public Law 113-235), $410,000,000 is hereby rescinded.
(d) For an additional amount for ``Construction, Major Projects'',
$410,000,000, to remain available until September 30, 2024.
Sec. 244. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2018 and fiscal year 2019 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 245. (a) Section 204(c) of the Department of Veterans Affairs
Health Care Programs Enhancement Act of 2001 (Public Law 107-135; 38
U.S.C. 1710 note) is amended--
(1) by inserting ``(1)'' before ``The program''; and
(2) by adding at the end the following new paragraph:
``(2) The program shall be carried out at not fewer than two
medical centers or clinics in each Veterans Integrated Service
Network by not later than December 31, 2019, and
[[Page 823]]
at not fewer than 50 percent of all medical centers in each
Veterans Integrated Service Network by not later than December
31, 2021.''.
(b)(1) Paragraph (6) of section 1701 of title 38, United States
Code, is amended by adding at the end the following new subparagraph:
``(H) Chiropractic services.''.
(2) Paragraph (8) of such section is amended by inserting
``chiropractic,'' after ``counseling,''.
(3) Paragraph (9) of such section is amended--
(A) by redesignating subparagraphs (F) through (K) as
subparagraphs (G) through (L), respectively; and
(B) by inserting after subparagraph (E) the following new
subparagraph (F):
``(F) chiropractic examinations and services;''.
Sec. 246. <> (a) Pilot Program.--The
Secretary of Veterans Affairs shall carry out a pilot program to provide
educational assistance to certain former members of the Armed Forces for
education and training as physician assistants of the Department of
Veterans Affairs.
(b) Eligible Individuals.--An individual is eligible to participate
in the pilot program if the individual--
(1) has medical or military health experience gained while
serving as a member of the Armed Forces;
(2) has received a certificate, associate degree,
baccalaureate degree, master's degree, or postbaccalaureate
training in a science relating to health care; or
(3) has participated in the delivery of healthcare services
or related medical services, including participation in military
training relating to the identification, evaluation, treatment,
and prevention of diseases and disorders.
(c) Duration.--The pilot program shall be carried out during the 5-
year period beginning on the date that is 180 days after the date of the
enactment of this Act.
(d) Selection.--
(1) The Secretary shall select eligible individuals under
subsection (b) to participate in the pilot program.
(2) In selecting individuals to participate in the pilot
program under paragraph (1), the Secretary shall give priority
to individuals who agree to be employed as a physician assistant
for the Veterans Health Administration at a medical facility of
the Department located in a community that--
(A) is designated as a medically underserved
population under section 330(b)(3)(A) of the Public
Health Service Act (42 U.S.C. 254b(b)(3)(A)); and
(B) is in a State with a per capita population of
veterans of more than 5 percent according to the
National Center for Veterans Analysis and Statistics and
the United States Census Bureau.
(e) Educational Assistance.--In carrying out the pilot program, the
Secretary shall provide educational assistance to individuals
participating in the pilot program, including through the use of
scholarships, to cover the costs to such individuals of obtaining a
master's degree in physician assistant studies or a similar master's
degree.
(f) Period of Obligated Service.--The Secretary shall enter into an
agreement with each individual participating in the pilot
[[Page 824]]
program in which such individual agrees to be employed as a physician
assistant for the Veterans Health Administration for a period of
obligated service to be determined by the Secretary.
(g) Breach.--An individual who participates in the pilot program and
fails to satisfy the period of obligated service under subsection (f)
shall be liable to the United States, in lieu of such obligated service,
for the amount that has been paid or is payable to or on behalf of the
individual under the pilot program, reduced by the proportion that the
number of days served for completion of the period of obligated service
bears to the total number of days in the period of obligated service of
such individual.
(h) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Veterans Affairs, in collaboration with
the Secretary of Labor, the Secretary of Defense, and the Secretary of
Health and Human Services, shall submit to Congress a report on the
pilot program's effectiveness of helping to meet the shortage of
physician assistants employed by the Department.
Sec. 247. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2018 and 2019, section 248 of Division A of
Public Law 114-223 shall apply.
Sec. 248. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38, United
States Code, does not exceed 125 veterans to one full-time employment
equivalent.
(b) Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the programs of
rehabilitation conducted under chapter 31 of title 38, United States
Code, including--
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff ratio for
each such program.
Sec. 249. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans Affairs
to enter into an agreement related to resolving a dispute or claim with
an individual that would restrict in any way the individual from
speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national defense or
the conduct of foreign affairs.
Sec. 250. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2018 and 2019, section 258 of Division A of
Public Law 114-223 shall apply.
Sec. 251. (a) In General.--Section 2402(a) of title 38, United
States Code, is amended by adding at the end the following new
paragraph:
``(10) Any individual--
``(A) who--
``(i) was naturalized pursuant to section 2(1)
of the Hmong Veterans' Naturalization Act of 2000
(Public Law 106-207; 8 U.S.C. 1423 note); and
``(ii) at the time of the individual's death
resided in the United States.''.
[[Page 825]]
(b) <> Effective Date.--The amendment made
by subsection (a) shall apply with respect to an individual dying on or
after the date of the enactment of this Act.
Sec. 252. <> The Secretary may carry out
a 2-year pilot program making grants to nonprofit veterans services
organizations recognized by the Secretary in accordance with section
5902 of title 38, United States Code, to upgrade, through construction
and repair, VSO community facilities into health and wellness centers
and to promote and expand complementary and integrative wellness
programs: Provided, That no single grant may exceed a total of
$500,000: Provided further, That the Secretary may not provide more
than 20 grants during the 2-year pilot program: Provided further, That
the recipient of a grant under this section may not use the grant to
purchase real estate or to carry out repair of facilities leased by the
recipient or to construct facilities on property leased by the
recipient: Provided further, That the Secretary ensures that the grant
recipients use grant funds to construct or repair facilities located in
at least 10 different geographic locations in economically depressed
areas or areas designated as highly rural that are not in close
proximity to Department of Veterans Affairs medical centers: Provided
further, That the Secretary shall report to the Committees on
Appropriations of both Houses of Congress no later than 180 days after
enactment of this Act, on the grant program established under this
section.
Sec. 253. None of the funds appropriated in this or any other Act
for ``Grants for Construction of State Extended Care Facilities'' may be
used to award grants for applications included in priority one of the
priority list for the first time which have been assigned a higher
priority ranking for fiscal year 2018 than unfunded applications which
met the eligibility requirements defined in section 8135(c) of title 38,
United States Code, in fiscal year 2017 and continue to meet those
requirements in fiscal year 2018: Provided, That the Secretary may
award grants for new applications in fiscal year 2018 for projects that
did not meet eligibility requirements defined in section 8135(c) of
title 38, United States Code, in fiscal year 2017 only after
applications which met priority one eligibility requirements in fiscal
year 2017 and continue to meet those requirements defined in section
8135(c) of title 38, United States Code, have been funded: Provided
further, That nothing in this section shall preclude the Secretary from
assigning a higher priority ranking or funding a grant application to
correct conditions that threaten the life or safety of patients which
meet the criteria laid out in section 8135(c) of title 38, United States
Code.
Sec. 254. None of the funds appropriated or otherwise made
available by this Act may be used to conduct research using canines
unless: the scientific objectives of the study can only be met by
research with canines; the study has been directly approved by the
Secretary; and the study is consistent with the revised Department of
Veterans Affairs canine research policy document released on December
18, 2017: Provided, That not later than 180 days after enactment of
this Act, the Secretary shall submit to the Committees on Appropriations
of both Houses of Congress a detailed report outlining under what
circumstances canine research may be needed if there are no other
alternatives, how often it was used during that time period, and what
protocols are in place to determine both the safety and efficacy of the
research.
[[Page 826]]
Sec. 255. For an additional amount for the Department of Veterans
Affairs, $2,000,000,000 to remain available until expended, for
infrastructure improvements, including new construction, and in addition
to amounts otherwise made available in this act for such purpose, of
which:
(1) $1,000,000,000 shall be for ``Veterans Health
Administration--Medical Facilities'' to be used for non-
recurring maintenance;
(2) $425,000,000 shall be for ``Departmental
Administration--Construction, Minor Projects''; and,
(3) $575,000,000 shall be for ``Departmental
Administration--Grants for Construction of State Extended Care
Facilities'';
Provided, That the additional amounts appropriated for the purposes of
non-recurring maintenance and minor construction may be used to carry
out critical life-safety projects identified in the Department's annual
facility condition assessments; sustainment projects; modernization
projects; infrastructure repair; renovations at existing Veterans Health
Administration medical centers and outpatient clinics; and projects
included in the Strategic Capital Investment Process plan: Provided
further, That the additional amounts appropriated under this section may
not be obligated or expended until the Secretary of Veterans Affairs
submits to the Committees on Appropriations of both Houses of Congress,
and such Committees approve, a detailed expenditure plan, including
project descriptions and costs, for any non-recurring maintenance, minor
construction or State extended care facility project being funded with
the additional amounts made available in this administrative provision.
Sec. 256. <> Subsection (d) of section
504 of the Veterans' Benefits Improvement Act of 1996 (Public Law 104-
275; 38 U.S.C. 5101 note), as amended, is further amended to read as
follows:
``(c) Source of Funds.--Expenses of carrying out the pilot program
under this section, including payments for pilot program examination
travel and incidental expenses under the terms and conditions set forth
by 38 U.S.C. 111, shall be reimbursed to the accounts available for the
general operating expenses of the Veterans Benefits Administration and
information technology systems from amounts available to the Secretary
of Veterans Affairs for payment of compensation and pensions.''.
Sec. 257. None of the funds made available by this Act may be used
to charge a veteran a fee for a veterans identification card pursuant to
section 5706(c) of title 38, United States Code.
Sec. 258. (a) In General.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 1712I. <> Mental and behavioral health care
for certain former members of the Armed Forces
``(a) In General.--The Secretary shall furnish to former members of
the Armed Forces described in subsection (b)--
``(1) an initial mental health assessment; and
``(2) the mental healthcare or behavioral healthcare
services authorized under this chapter that are required to
treat the mental or behavioral health care needs of the former
service members, including risk of suicide or harming others.
[[Page 827]]
``(b) Eligible Individuals.--A former member of the Armed Forces
described in this subsection is an individual who--
``(1) is a former member of the Armed Forces, including the
reserve components;
``(2) while serving in the active military, naval, or air
service, was discharged or released therefrom under a condition
that is not honorable but not--
``(A) a dishonorable discharge; or
``(B) a discharge by court-martial;
``(3) is not otherwise eligible to enroll in the health care
system established by section 1705 of this title; and
``(4)(A)(i) served in the Armed Forces for a period of more
than 100 cumulative days; and
``(ii) was deployed in a theater of combat operations, in
support of a contingency operation, or in an area at a time
during which hostilities are occurring in that area during such
service, including by controlling an unmanned aerial vehicle
from a location other than such theater or area; or
``(B) while serving in the Armed Forces, was the victim of a
physical assault of a sexual nature, a battery of a sexual
nature, or sexual harassment (as defined in section 1720D(f) of
this title).
``(c) Non-Department Care.--(1) In furnishing mental or behavioral
health care services to an individual under this section, the Secretary
may provide such mental or behavioral health care services at a non-
Department facility if--
``(A) in the judgment of a mental health professional
employed by the Department, the receipt of mental or behavioral
health care services by that individual in facilities of the
Department would be clinically inadvisable; or
``(B) facilities of the Department are not capable of
furnishing such mental or behavioral health care services to
that individual economically because of geographical
inaccessibility.
``(2) The Secretary shall carry out paragraph (1) pursuant to
section 1703 of this title or any other provision of law authorizing the
Secretary to enter into contracts or agreements to furnish hospital care
and medical services to veterans at non-Department facilities.
``(d) Setting and Referrals.--In furnishing mental and behavioral
health care services to individuals under this section, the Secretary
shall--
``(1) seek to ensure that such services are furnished in
settings that are therapeutically appropriate, taking into
account the circumstances that resulted in the need for such
services; and
``(2) provide referral services to assist former members who
are not eligible for services under this chapter to obtain
services from sources outside the Department.
``(e) Information.--The Secretary shall provide information on the
mental and behavioral health care services available under this section.
Efforts by the Secretary to provide such information--
``(1) shall include notification of each eligible individual
described in subsection (b) about the eligibility of the
individual for covered mental and behavioral health care under
this section not later than the later of--
[[Page 828]]
``(A) 180 days after the date of the enactment of
the Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2018; or
``(B) 180 days after the date on which the
individual was discharged or released from the active
military, naval, or air service;
``(2) shall include availability of a toll-free telephone
number (commonly referred to as an 800 number);
``(3) shall ensure that information about the mental health
care services available under this section--
``(A) is revised and updated as appropriate;
``(B) is made available and visibly posted at
appropriate facilities of the Department; and
``(C) is made available to State veteran agencies
and through appropriate public information services; and
``(4) shall include coordination with the Secretary of
Defense seeking to ensure that members of the Armed Forces and
individuals who are being separated from active military, naval,
or air service are provided appropriate information about
programs, requirements, and procedures for applying for mental
health care services under this section.
``(f) Annual Reports.--(1) Not less frequently than once each year,
the Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the mental and behavioral health care
services provided under this section.
``(2) Each report submitted under paragraph (1) shall include, with
respect to the year preceding the submittal of the report, the
following:
``(A) The number of eligible individuals who were furnished
mental or behavioral health care services under this section,
disaggregated by the number of men who received such services
and the number of women who received such services.
``(B) The number of individuals who requested an initial
mental health assessment under subsection (a)(1).
``(C) Such other information as the Secretary considers
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 38, United States Code <> , is amended by inserting after the item relating to section
1720H the following new item:
``1720I. Mental and behavioral health care for certain former members of
the Armed Forces.''.
Sec. 259. (a) In General.--Chapter 53 of title 38, United States
Code, is amended by inserting after section 5303A the following new
section:
``Sec. 5303B. <> Character of service
determinations
``(a) Determination.--The Secretary shall establish a process by
which an individual who served in the Armed Forces and was discharged or
dismissed therefrom may seek a determination from the Secretary with
respect to whether such discharge or release was under a condition that
bars the right of such individual to a benefit under the laws
administered by the Secretary based upon the period of service from
which discharged or dismissed.
[[Page 829]]
``(b) Provision of Information.--If the Secretary determines under
subsection (a) that an individual is barred to a benefit under the laws
administered by the Secretary, the Secretary shall provide to such
individual information regarding the ability of the individual to
address such condition, including pursuant to section 5303 of this title
and chapter 79 of title 10.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <> is amended by inserting after
the item relating to section 5303A the following new item:
``5303B. Character of service determinations.''.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $42,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $79,000,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
(including transfer of funds)
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $33,600,000: Provided, That, of
the amount, up to $800,000 may be transferred to the General Services
Administration for planning and design of a courthouse, to include a
feasibility study: Provided further, That $2,580,000 shall be available
for the purpose of providing financial assistance as described and in
accordance with the process and reporting procedures set forth under
this heading in Public Law 102-229.
[[Page 830]]
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $80,800,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2020. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $167,000,000, to remain available until expended, for planning
and design and construction associated with the Southern Expansion
project at Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $64,300,000, of which $1,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the Treasury to
the Trust Fund.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
provided to Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery, making
additional land available for ground burials.
Sec. 302. Amounts deposited into the special account established
under 10 U.S.C. 4727 are appropriated and shall be available until
expended to support activities at the Army National Military Cemeteries.
[[Page 831]]
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$146,100,000, to remain available until September 30, 2022, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $33,248,000, to remain available until September 30,
2022, for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force''
$546,352,000, to remain available until September 30, 2022, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $24,300,000, to remain available until September 30, 2022, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Administrative Provisions
Sec. 401. Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
Sec. 402. <> Notwithstanding any other
provision of law, the Secretary of Defense is directed to provide the
congressional defense committees a future years defense program for
funds appropriated to the Department of Defense for construction
projects related to European Reassurance Initiative and European
Deterrence Initiative beginning in fiscal year 2018 and each subsequent
fiscal year
[[Page 832]]
that funding is requested for either initiative. Further, the Secretary
of Defense is directed to submit the future years defense program with
each fiscal year budget submission.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 504. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the Committee
on Appropriations of the House of Representatives and the Subcommittee
on Military Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 506. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 507. (a) Any agency receiving funds made available in this Act,
shall, subject to subsections (b) and (c), post on the public Web site
of that agency any report required to be submitted by the Congress in
this or any other Act, upon the determination by the head of the agency
that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee or
Committees of Congress for no less than 45 days.
Sec. 508. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency
[[Page 833]]
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
Sec. 509. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by an
employee of the agency in contravention of sections 301-10.122 through
301-10.124 of title 41, Code of Federal Regulations.
Sec. 510. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order No.
12989.
Sec. 511. None of the funds made available by this Act may be used
by the Department of Defense or the Department of Veterans Affairs to
lease or purchase new light duty vehicles for any executive fleet, or
for an agency's fleet inventory, except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
Sec. 512. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may be
used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual detained
at United States Naval Station, Guantanamo Bay, Cuba, for the purposes
of detention or imprisonment in the custody or under the control of the
Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018''.
DIVISION K-- <> DEPARTMENT OF STATE,
FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $5,744,440,000, of which up to
$654,553,000 may remain available until September 30, 2019, and of which
up to $1,380,752,000 may remain available until
[[Page 834]]
expended for Worldwide Security Protection: Provided, That funds made
available under this heading shall be allocated in accordance with
paragraphs (1) through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948, $2,770,673,000, of which up to
$476,879,000 is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,253,799,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State, including
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress, general administration, and arms control,
nonproliferation and disarmament activities as authorized,
$794,561,000.
(4) Security programs.--For necessary expenses for security
activities, $925,407,000, of which up to $903,873,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from English teaching, library, motion
pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act,
funds may be reprogrammed within and between paragraphs
(1) through (4) under this heading subject to section
7015 of this Act.
(B) Of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to section 1108(g) of title 31, United States
Code, for the field examination of programs and
activities in the United States funded from any account
contained in this title.
(D) Funds appropriated under this heading that are
designated for Worldwide Security Protection shall
continue
[[Page 835]]
to be made available for support of security-related
training at sites in existence prior to the enactment of
this Act.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $103,400,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$77,629,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections:
Provided, That of the funds appropriated under this heading, $11,644,000
may remain available until September 30, 2019.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $646,143,000, to remain available until expended, of which
not less than $240,000,000 shall be for the Fulbright Program and not
less than $111,360,000 shall be for Citizen Exchange Program, including
$4,125,000 for the Congress-Bundestag Youth Exchange: Provided, That
fees or other payments received from, or in connection with, English
teaching, educational advising and counseling programs, and exchange
visitor programs as authorized may be credited to this account, to
remain available until expended: Provided further, That a portion of
the Fulbright awards from the Eurasia and Central Asia regions shall be
designated as Edmund S. Muskie Fellowships, following consultation with
the Committees on Appropriations: Provided further, That any
substantive modifications from the prior fiscal year to programs funded
by this Act under this heading shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
representation expenses
For representation expenses as authorized, $8,030,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$30,890,000, to remain available until September 30, 2019.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $765,459,000, to remain
available until expended, of which not to exceed $25,000 may be used for
domestic and overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be available
[[Page 836]]
for acquisition of furniture, furnishings, or generators for other
departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,477,237,000, to remain
available until expended: Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made
available under this heading and the actual and anticipated proceeds of
sales for all projects in fiscal year 2018.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $7,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,440,856.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
<> For necessary expenses, not otherwise
provided for, to meet annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified pursuant to
the advice and consent of the Senate, conventions, or specific Acts of
Congress, $1,371,168,000: Provided, That the Secretary of State shall,
at
[[Page 837]]
the time of the submission of the President's budget to Congress under
section 1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations the most recent biennial budget prepared by
the United Nations for the operations of the United Nations: Provided
further, That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an offsetting
decrease elsewhere in the United Nations budget: Provided further, That
not later than June 1, 2018, and 30 days after the end of fiscal year
2018, the Secretary of State shall report to the Committees on
Appropriations any credits attributable to the United States, including
from the United Nations Tax Equalization Fund, and provide updated
fiscal year 2018 and fiscal year 2019 assessment costs including offsets
from available credits and updated foreign currency exchange rates:
Provided further, That any such credits shall only be available for
United States assessed contributions to the United Nations regular
budget, and the Committees on Appropriations shall be notified when such
credits are applied to any assessed contribution, including any payment
of arrearages: Provided further, That any notification regarding funds
appropriated or otherwise made available under this heading in this Act
or prior Acts making appropriations for the Department of State, foreign
operations, and related programs submitted pursuant to section 7015 of
this Act, section 34 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2706), or any operating plan submitted pursuant to
section 7076 of this Act, shall include an estimate of all known credits
currently attributable to the United States and provide updated
assessment costs including offsets from available credits and updated
foreign currency exchange rates: Provided further, That any payment of
arrearages under this heading shall be directed to activities that are
mutually agreed upon by the United States and the respective
international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That none of the funds appropriated under this heading shall be
available for a United States contribution to an international
organization for the United States share of interest costs made known to
the United States Government by such organization for loans incurred on
or after October 1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $414,624,000, of which
15 percent shall remain available until September 30, 2019: Provided,
That none of the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for such mission in the
United Nations Security Council (or in an emergency as far in advance as
is practicable), the Committees on Appropriations are notified of: (1)
the estimated cost and duration of the mission, the objectives of the
mission, the national interest that will be served, and the exit
strategy; and (2) the sources of funds, including any reprogrammings or
transfers, that
[[Page 838]]
will be used to pay the cost of the new or expanded mission, and the
estimated cost in future fiscal years: Provided further, That none of
the funds appropriated under this heading may be made available for
obligation unless the Secretary of State certifies and reports to the
Committees on Appropriations on a peacekeeping mission-by-mission basis
that the United Nations is implementing effective policies and
procedures to prevent United Nations employees, contractor personnel,
and peacekeeping troops serving in such mission from trafficking in
persons, exploiting victims of trafficking, or committing acts of sexual
exploitation and abuse or other violations of human rights, and to bring
to justice individuals who engage in such acts while participating in
such mission, including prosecution in their home countries and making
information about such prosecutions publicly available on the Web site
of the United Nations: Provided further, That the Secretary of State
shall work with the United Nations and foreign governments contributing
peacekeeping troops to implement effective vetting procedures to ensure
that such troops have not violated human rights: Provided further, That
funds shall be available for peacekeeping expenses unless the Secretary
of State determines that United States manufacturers and suppliers are
not being given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to those being
given to foreign manufacturers and suppliers: Provided further, That
none of the funds appropriated or otherwise made available under this
heading may be used for any United Nations peacekeeping mission that
will involve United States Armed Forces under the command or operational
control of a foreign national, unless the President's military advisors
have submitted to the President a recommendation that such involvement
is in the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That not
later than June 1, 2018, and 30 days after the end of fiscal year 2018,
the Secretary of State shall report to the Committees on Appropriations
any credits attributable to the United States, including those resulting
from United Nations peacekeeping missions or the United Nations Tax
Equalization Fund, and provide updated fiscal year 2018 and fiscal year
2019 assessment costs including offsets from available credits:
Provided further, That any such credits shall only be available for
United States assessed contributions to United Nations peacekeeping
missions, and the Committees on Appropriations shall be notified when
such credits are applied to any assessed contribution, including any
payment of arrearages: Provided further, That any notification
regarding funds appropriated or otherwise made available under this
heading in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs submitted
pursuant to section 7015 of this Act, section 34 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2706), or any operating plan
submitted pursuant to section 7076 of this Act, shall include an
estimate of all known credits currently attributable to the United
States and provide updated assessment costs, including offsets from
available credits: Provided further, That any payment of arrearages
with funds appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the Secretary of State shall work with the United Nations
and members of the United Nations Security Council to evaluate and
prioritize
[[Page 839]]
peacekeeping missions, and to consider a draw down when mission goals
have been substantially achieved.
International Commissions
For <> necessary expenses, not otherwise
provided for, to meet obligations of the United States arising under
treaties, or specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $48,134,000.
construction
For detailed plan preparation and construction of authorized
projects, $29,400,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by the North American
Free Trade Agreement Implementation Act (Public Law 103-182),
$13,258,000: Provided, That of the amount provided under this heading
for the International Joint Commission, up to $500,000 may remain
available until September 30, 2019, and $9,000 may be made available for
representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $46,356,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of Governors
(BBG), as authorized, to carry out international communication
activities, and to make and supervise grants for radio,
[[Page 840]]
Internet, and television broadcasting to the Middle East, $797,986,000:
Provided, That in addition to amounts otherwise available for such
purposes, up to $34,508,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $13,800,000 shall
be for Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be used for such
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free Europe/
Radio Liberty: Provided further, That the BBG shall notify the
Committees on Appropriations within 15 days of any determination by the
BBG that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists or
those who support international terrorism, or is in violation of the
principles and standards set forth in subsections (a) and (b) of section
303 of the United States International Broadcasting Act of 1994 (22
U.S.C. 6202) or the entity's journalistic code of ethics: Provided
further, That significant modifications to BBG broadcast hours
previously justified to Congress, including changes to transmission
platforms (shortwave, medium wave, satellite, Internet, and television),
for all BBG language services shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That in addition to funds made available under this heading,
and notwithstanding any other provision of law, up to $5,000,000 in
receipts from advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating international organizations, and
up to $1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, shall remain
available until expended for carrying out authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such purposes,
$9,700,000, to remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until
expended.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $37,884,000, to remain available until September 30, 2019,
which shall not be used for construction activities.
[[Page 841]]
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2018, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2018, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2018, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000.
National Endowment for Democracy
For grants made by the Department of State to the National Endowment
for Democracy, as authorized by the National Endowment for Democracy Act
(22 U.S.C. 4412), $170,000,000, to remain available until expended, of
which $117,500,000 shall be allocated in the traditional and customary
manner, including for the core institutes, and $52,500,000 shall be for
democracy programs.
[[Page 842]]
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $675,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may procure
temporary, intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further, That such
authority shall terminate on October 1, 2018: Provided further, That
the Commission shall notify the Committees on Appropriations prior to
exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et
seq.), $4,500,000, to remain available until September 30, 2019,
including not more than $4,000 for representation expenses: Provided,
That prior to the obligation of $1,000,000 of the funds appropriated
under this heading, the Commission shall consult with the appropriate
congressional committees on the steps taken to implement the
recommendations of the Independent Review of USCIRF Mission
Effectiveness that was conducted pursuant to the United States
Commission on International Religious Freedom Reauthorization Act of
2015 (Public Law 114-71), and such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304 (22 U.S.C. 3001 et seq.),
$2,579,000, including not more than $4,000 for representation expenses,
to remain available until September 30, 2019.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,000,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2019.
[[Page 843]]
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2019:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2018 and shall apply to
funds appropriated under this heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $1,189,609,000, of which up to
$178,441,000 may remain available until September 30, 2019: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the United
States Agency for International Development, unless the USAID
Administrator has identified such proposed use of funds in a report
submitted to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such funds through
the following fiscal year: Provided further, That the authority of
sections 610 and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds appropriated to
carry out chapter 1 of part I of such Act to ``Operating Expenses'' in
accordance with the provisions of those sections: Provided further,
That of the funds appropriated or made available under this heading, not
to exceed $250,000 may be available for representation and entertainment
expenses, of which not to exceed $5,000 may be available for
entertainment expenses, and not to exceed $100,500 shall be for official
residence expenses, for USAID during the current fiscal year.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section
[[Page 844]]
667 of the Foreign Assistance Act of 1961, $197,100,000, to remain
available until expended: Provided, That this amount is in addition to
funds otherwise available for such purposes: Provided further, That
funds appropriated under this heading shall be available subject to the
regular notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $72,800,000, of which up to
$10,920,000 may remain available until September 30, 2019, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for global health
activities, in addition to funds otherwise available for such purposes,
$3,020,000,000, to remain available until September 30, 2019, and which
shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be made
available for training, equipment, and technical assistance to build the
capacity of public health institutions and organizations in developing
countries, and for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration programs; (3)
other health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related education
programs; (4) assistance for children displaced or orphaned by causes
other than AIDS; (5) programs for the prevention, treatment, control of,
and research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases, and for
assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to, unanticipated and emerging global health threats; and (8)
family planning/reproductive health: Provided further, That funds
appropriated under this paragraph may be made available for a United
States contribution to the GAVI Alliance: Provided further, That none
of the funds made available in this Act nor any unobligated balances
from prior appropriations Acts may be made available to any organization
or program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made not later
[[Page 845]]
than 6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations, funds shall
be available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any such
voluntary family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall not
implement or be subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure
that experimental contraceptive drugs and devices and medical procedures
are provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of
this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
[[Page 846]]
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities that
are funded from amounts appropriated by this Act shall be medically
accurate and shall include the public health benefits and failure rates
of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,670,000,000, to remain
available until September 30, 2022, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), and shall be expended at the
minimum rate necessary to make timely payment for projects and
activities: Provided further, That the amount of such contribution
should be $1,350,000,000: Provided further, That clauses (i) and (vi)
of section 202(d)(4)(A) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622) shall be
applied with respect to such funds made available for fiscal years 2015
through 2018 by substituting ``2004'' for ``2009'': Provided further,
That up to 5 percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2018 may be made available to USAID for
technical assistance related to the activities of the Global Fund,
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this paragraph, up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $3,000,000,000, to remain available
until September 30, 2019.
international disaster assistance
For necessary expenses to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $2,696,534,000, to remain
available until expended.
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961,
$30,000,000, to remain available until expended, to support transition
to democracy and long-term development of countries in crisis:
Provided, That such support may include assistance to
[[Page 847]]
develop, strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful resolution of
conflict: Provided further, That the USAID Administrator shall submit a
report to the Committees on Appropriations at least 5 days prior to
beginning a new program of assistance: Provided further, That if the
Secretary of State determines that it is important to the national
interest of the United States to provide transition assistance in excess
of the amount appropriated under this heading, up to $15,000,000 of the
funds appropriated by this Act to carry out the provisions of part I of
the Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds appropriated under
this heading: Provided further, That funds made available pursuant to
the previous proviso shall be made available subject to prior
consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to support programs and activities to prevent or
respond to emerging or unforeseen foreign challenges and complex crises
overseas, $10,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made available on such
terms and conditions as are appropriate and necessary for the purposes
of preventing or responding to such challenges and crises, except that
no funds shall be made available for lethal assistance or to respond to
natural disasters: Provided further, That funds appropriated under this
heading may be made available notwithstanding any other provision of
law, except sections 7007, 7008, and 7018 of this Act and section 620M
of the Foreign Assistance Act of 1961: Provided further, That funds
appropriated under this heading may be used for administrative expenses,
in addition to funds otherwise available for such purposes, except that
such expenses may not exceed 5 percent of the funds appropriated under
this heading: Provided further, That funds appropriated under this
heading shall be subject to the regular notification procedures of the
Committees on Appropriations, except that such notifications shall be
transmitted at least 5 days prior to the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$55,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That funds provided
under this paragraph and funds provided as a gift that are used for
purposes of this paragraph pursuant to section 635(d) of the Foreign
Assistance Act of 1961 shall be made available only for micro- and small
enterprise programs, urban programs, and other programs which further
the purposes of part I of such Act: Provided further, That funds
provided as a gift that are used for purposes of this paragraph shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided further, That
[[Page 848]]
such costs, including the cost of modifying such direct and guaranteed
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That funds made available by
this paragraph may be used for the cost of modifying any such guaranteed
loans under this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs, and funds
used for such cost, including if the cost results in a negative subsidy,
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the provisions of
section 107A(d) (relating to general provisions applicable to the
Development Credit Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable to direct
loans and loan guarantees provided under this heading, except that the
principal amount of loans made or guaranteed under this heading with
respect to any single country shall not exceed $300,000,000: Provided
further, That these funds are available to subsidize total loan
principal, any portion of which is to be guaranteed, of up to
$1,750,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $10,000,000, which may be transferred
to, and merged with, funds made available under the heading ``Operating
Expenses'' in title II of this Act: Provided, That funds made available
under this heading shall remain available until September 30, 2020.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $1,816,731,000, to remain
available until September 30, 2019.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $150,375,000, to remain available
until September 30, 2019, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
available by this Act for such purposes: Provided further, That the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations prior to
the obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $65,125,000, to remain
available until September 30, 2019, which shall be made available for
the Bureau for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public
[[Page 849]]
Law 102-511), and the Support for Eastern European Democracy (SEED) Act
of 1989 (Public Law 101-179), $750,334,000, to remain available until
September 30, 2019, which shall be available, notwithstanding any other
provision of law, except section 7070 of this Act, for assistance and
related programs for countries identified in section 3 of Public Law
102-511 (22 U.S.C. 5801) and section 3(c) of Public Law 101-179 (22
U.S.C. 5402), in addition to funds otherwise available for such
purposes: Provided, That funds appropriated by this Act under the
headings ``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be administered in
accordance with the responsibilities of the coordinator designated
pursuant to section 102 of Public Law 102-511 and section 601 of Public
Law 101-179: Provided further, That funds appropriated under this
heading shall be considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of economic
assistance.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$927,802,000, to remain available until expended, of which not less than
$35,000,000 shall be made available to respond to small-scale emergency
humanitarian requirements, and $7,500,000 shall be made available for
refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $1,000,000, to remain available until expended:
Provided, That amounts in excess of the limitation contained in
paragraph (2) of such section shall be transferred to, and merged with,
funds made available by this Act under the heading ``Migration and
Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United States, $410,000,000, of which
[[Page 850]]
$5,500,000 is for the Office of Inspector General, to remain available
until September 30, 2019: Provided, That the Director of the Peace
Corps may transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C. 2515), an
amount not to exceed $5,000,000: Provided further, That funds
transferred pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations: Provided
further, That of the funds appropriated under this heading, not to
exceed $104,000 may be available for representation expenses, of which
not to exceed $4,000 may be made available for entertainment expenses:
Provided further, That any decision to open, close, significantly
reduce, or suspend a domestic or overseas office or country program
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, except
that prior consultation and regular notification procedures may be
waived when there is a substantial security risk to volunteers or other
Peace Corps personnel, pursuant to section 7015(e) of this Act:
Provided further, That none of the funds appropriated under this heading
shall be used to pay for abortions: Provided further, That
notwithstanding the previous proviso, section 614 of division E of
Public Law 113-76 shall apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $905,000,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, up to $105,000,000 may be available for
administrative expenses of the Millennium Challenge Corporation (MCC):
Provided further, That up to 5 percent of the funds appropriated under
this heading may be made available to carry out the purposes of section
616 of the MCA for fiscal year 2018: Provided further, That section
605(e) of the MCA shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into pursuant to
section 609 of the MCA only if such Compact obligates, or contains a
commitment to obligate subject to the availability of funds and the
mutual agreement of the parties to the Compact to proceed, the entire
amount of the United States Government funding anticipated for the
duration of the Compact: Provided further, That the MCC Chief Executive
Officer shall notify the Committees on Appropriations not later than 15
days prior to commencing negotiations for any country compact or
threshold country program; signing any such compact or threshold
program; or terminating or suspending any such compact or threshold
program: Provided further, That funds appropriated under this heading
by this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are available to
implement section 609(g) of the MCA shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That no country should be eligible for a threshold program
after such country has completed a country compact: Provided further,
That any funds that are deobligated from a Millennium Challenge Compact
shall be subject to the regular notification
[[Page 851]]
procedures of the Committees on Appropriations prior to re-obligation:
Provided further, That notwithstanding section 606(a)(2) of the MCA, a
country shall be a candidate country for purposes of eligibility for
assistance for the fiscal year if the country has a per capita income
equal to or below the World Bank's lower middle income country threshold
for the fiscal year and is among the 75 lowest per capita income
countries as identified by the World Bank; and the country meets the
requirements of section 606(a)(1)(B) of the MCA: Provided further, That
notwithstanding section 606(b)(1) of the MCA, in addition to countries
described in the preceding proviso, a country shall be a candidate
country for purposes of eligibility for assistance for the fiscal year
if the country has a per capita income equal to or below the World
Bank's lower middle income country threshold for the fiscal year and is
not among the 75 lowest per capita income countries as identified by the
World Bank; and the country meets the requirements of section
606(a)(1)(B) of the MCA: Provided further, That any MCC candidate
country under section 606 of the MCA with a per capita income that
changes in the fiscal year such that the country would be reclassified
from a low income country to a lower middle income country or from a
lower middle income country to a low income country shall retain its
candidacy status in its former income classification for the fiscal year
and the 2 subsequent fiscal years: Provided further, That publication
in the Federal Register of a notice of availability of a copy of a
Compact on the MCC Web site shall be deemed to satisfy the requirements
of section 610(b)(2) of the MCA for such Compact: Provided further,
That none of the funds made available by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs shall be available for a threshold program in a country
that is not currently a candidate country: Provided further, That of
the funds appropriated under this heading, not to exceed $100,000 may be
available for representation and entertainment expenses, of which not to
exceed $5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2019: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$30,000,000, to remain available until September 30, 2019, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in
[[Page 852]]
exceptional circumstances the Board of Directors of the USADF may waive
the $250,000 limitation contained in that section with respect to a
project and a project may exceed the limitation by up to 10 percent if
the increase is due solely to foreign currency fluctuation: Provided
further, That the USADF shall submit a report to the appropriate
congressional committees after each time such waiver authority is
exercised: Provided further, That the USADF may make rent or lease
payments in advance from appropriations available for such purpose for
offices, buildings, grounds, and quarters in Africa as may be necessary
to carry out its functions: Provided further, That the USADF may
maintain bank accounts outside the United States Treasury and retain any
interest earned on such accounts, in furtherance of the purposes of the
African Development Foundation Act: Provided further, That the USADF
may not withdraw any appropriation from the Treasury prior to the need
of spending such funds for program purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $30,000,000, to remain available
until September 30, 2020: Provided, That amounts made available under
this heading may be made available to contract for services as described
in section 129(d)(3)(A) of the Foreign Assistance Act of 1961, without
regard to the location in which such services are performed.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $950,845,000, to remain available until
September 30, 2019: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing such property
to a foreign country or international organization under chapter 8 of
part I of such Act, subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That section 482(b)
of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made available
notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, and other judicial authorities, utilizing
regional partners: Provided further, That funds made available under
this heading that are transferred to another department, agency, or
instrumentality of the United States Government pursuant to section
632(b) of the Foreign Assistance Act of 1961 valued in excess
[[Page 853]]
of $5,000,000, and any agreement made pursuant to section 632(a) of such
Act, shall be subject to the regular notification procedures of the
Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $655,467,000, to remain
available until September 30, 2019, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of the Arms
Export Control Act, or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the destruction of
small arms, and related activities, notwithstanding any other provision
of law, including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign Assistance
Act of 1961 for a United States contribution to the Comprehensive
Nuclear Test Ban Treaty Preparatory Commission, and for a voluntary
contribution to the International Atomic Energy Agency (IAEA):
Provided, That the Secretary of State shall inform the appropriate
congressional committees of information regarding any separate
arrangements relating to the ``Road-map for the Clarification of Past
and Present Outstanding Issues Regarding Iran's Nuclear Program''
between the IAEA and the Islamic Republic of Iran, in classified form if
necessary, if such information becomes known to the Department of State:
Provided further, That funds made available under this heading for the
Nonproliferation and Disarmament Fund shall be made available,
notwithstanding any other provision of law and subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament, and weapons
destruction, and shall remain available until expended: Provided
further, That such funds may also be used for such countries other than
the Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the United
States to do so: Provided further, That funds appropriated under this
heading may be made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to participate in the
activities of that Agency: Provided further, That funds made available
for conventional weapons destruction programs, including demining and
related activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of such programs and activities, subject to the
regular notification procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $212,712,000: Provided, That funds
appropriated under this heading may be used, notwithstanding section 660
of such Act, to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate in
peacekeeping operations: Provided further, That
[[Page 854]]
of the funds appropriated under this heading, not less than $31,000,000
shall be made available for a United States contribution to the
Multinational Force and Observers mission in the Sinai: Provided
further, That none of the funds appropriated under this heading shall be
obligated except as provided through the regular notification procedures
of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $110,875,000, of which up to
$11,000,000 may remain available until September 30, 2019: Provided,
That the civilian personnel for whom military education and training may
be provided under this heading may include civilians who are not members
of a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That of the funds appropriated under
this heading, not to exceed $55,000 may be available for entertainment
expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$5,671,613,000: Provided, That to expedite the provision of assistance
to foreign countries and international organizations, the Secretary of
State, following consultation with the Committees on Appropriations and
subject to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign security
forces: Provided further, That of the funds appropriated under this
heading, not less than $3,100,000,000 shall be available for grants only
for Israel which shall be disbursed within 30 days of enactment of this
Act: Provided further, That to the extent that the Government of Israel
requests that funds be used for such purposes, grants made available for
Israel under this heading shall, as agreed by the United States and
Israel, be available for advanced weapons systems, of which not less
than $815,300,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That funds appropriated or otherwise
made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this heading shall be obligated
upon apportionment in accordance with paragraph (5)(C) of section
1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular
[[Page 855]]
notification procedures of section 7015 of this Act: Provided further,
That funds made available under this heading may be used,
notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales Financing
Program'' in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available under this
heading for procurement of defense articles, defense services, or design
and construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided further, That
funds appropriated under this heading shall be expended at the minimum
rate necessary to make timely payment for defense articles and services:
Provided further, That not more than $75,000,000 of the funds
appropriated under this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs of
administering military assistance and sales, except that this limitation
may be exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds made
available under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation expenses: Provided further, That not more than
$950,000,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2018 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973 (Public Law 93-
188; 87 Stat. 713), $339,000,000: Provided, That section 307(a) of the
Foreign Assistance Act of 1961 shall not apply to contributions to the
United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $139,575,000, to remain available until
expended.
[[Page 856]]
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,097,010,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $47,395,000, to remain available until
expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $32,418,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $171,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available until
expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $5,700,000, of which up to $855,000 may remain available until
September 30, 2019.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31,
[[Page 857]]
United States Code, as may be necessary in carrying out the program for
the current fiscal year for such corporation: Provided, That none of
the funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $110,000,000, of which up to $16,500,000 may remain available
until September 30, 2019: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That the Bank
shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets acquired by
the Bank in satisfaction of moneys owed the Bank, or the investigation
or appraisal of any property, or the evaluation of the legal, financial,
or technical aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further, That
in addition to other funds appropriated for administrative expenses,
such fees shall be credited to this account for such purposes, to remain
available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0:
Provided further, That amounts collected in fiscal year 2018 in excess
of obligations, up to $10,000,000 shall become available on September 1,
2018, and shall remain available until September 30, 2021.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided
[[Page 858]]
by section 9104 of title 31, United States Code, such expenditures and
commitments within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance programs
(including an amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed $79,200,000: Provided
further, That project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the purposes of this
heading.
program account
For the cost of direct and guaranteed loans as authorized by section
234 of the Foreign Assistance Act of 1961, $20,000,000, to be derived by
transfer from the Overseas Private Investment Corporation Noncredit
Account, to remain available until September 30, 2020: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That funds so obligated in fiscal year 2018 remain
available for disbursement through 2026; funds obligated in fiscal year
2019 remain available for disbursement through 2027; and funds obligated
in fiscal year 2020 remain available for disbursement through 2028:
Provided further, That notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to undertake any
program authorized by title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 in Iraq: Provided further, That funds made
available pursuant to the authority of the previous proviso shall be
subject to the regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $79,500,000, to remain available
until September 30, 2019: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and
[[Page 859]]
for hire of passenger transportation pursuant to section 1343(b) of
title 31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States Government
to which funds are appropriated or otherwise made available by this Act
shall provide to the Committees on Appropriations a quarterly accounting
of cumulative unobligated balances and obligated, but unexpended,
balances by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in fiscal year
2018 or any previous fiscal year, disaggregated by fiscal year:
Provided, That the report required by this section shall be submitted
not later than 30 days after the end of each fiscal quarter and should
specify by account the amount of funds obligated pursuant to bilateral
agreements which have not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive Order
issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Information.--The
Secretary of State shall promptly inform the Committees on
Appropriations of each instance in which a Federal department or agency
is delinquent in providing the full amount of funding required by
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note).
(b) Exception.--Notwithstanding paragraph (2) of section 604(e) of
the Secure Embassy Construction and Counterterrorism Act of 1999 (title
VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7)
of Public Law 106-113 and contained in appendix G of that Act), as
amended by section 111 of the Department of State Authorities Act,
Fiscal Year 2017 (Public Law 114-323), a project to construct a facility
of the United States may include office space or other accommodations
for members of the United States Marine Corps.
(c) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2018 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the
Secretary of State, in consultation with the Director of the Office of
Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the contribution of
the Department of State for this purpose: Provided, That funds
appropriated by this Act that are made available for departments and
agencies of the United States Government shall be made available for the
Capital Security Cost Sharing Program and the Maintenance Cost Sharing
Program at levels not less than the prior fiscal year.
[[Page 860]]
(d) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2018,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That notifications pursuant to this subsection shall include the
information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in House Report 115-253 and Senate
Report 114-290: Provided further, That any such notification for a new
diplomatic facility justified to the Committees on Appropriations in the
Congressional Budget Justification, Department of State, Foreign
Operations, and Related Programs, Fiscal Year 2018, or not previously
justified to such Committees, shall also include confirmation that the
Department of State has completed the requisite value engineering
studies required pursuant to OMB Circular A-131, Value Engineering
December 31, 2013 and the Bureau of Overseas Building Operations Policy
and Procedure Directive, P&PD, Cost 02: Value Engineering.
(e) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation with
the appropriate congressional committees, to address security
vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical security
upgrades and local guard staffing, except that the amount of
funds made available for such purposes from this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be a minimum of
$25,000,000.
(2) Consultation.--Notwithstanding any other provision of
law, the opening, closure, or any significant modification to an
interim or temporary United States diplomatic facility shall be
subject to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations, except that such consultation and
notification may be waived if there is a security risk to
personnel.
(f) Transfer of Funds Authority.--Funds appropriated under the
heading ``Diplomatic and Consular Programs'', including for Worldwide
Security Protection, and under the heading ``Embassy Security,
Construction, and Maintenance'' in this Act may be transferred to, and
merged with, funds appropriated under such headings if the Secretary of
State determines and reports to the Committees on Appropriations that to
do so is necessary to implement the recommendations of the Benghazi
Accountability Review Board, or to prevent or respond to security
situations and requirements, following consultation with, and subject to
the regular notification procedures of, such Committees: Provided, That
such transfer authority is in addition to any transfer authority
otherwise available under any other provision of law.
(g) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
recreational facilities, and residences used by United States
[[Page 861]]
diplomatic personnel and their dependents, except that the amount made
available for such purposes shall be a minimum of $10,000,000.
(h) Secure Resupply and Maintenance.--The Secretary of State may not
grant final approval for the construction of a new facility or
substantial construction to improve or expand an existing facility in
the United States by or for the Government of the People's Republic of
China until the Secretary certifies and reports to the appropriate
congressional committees that an agreement has been concluded between
the Governments of the United States and the People's Republic of China
that permits secure resupply, maintenance, and new construction of
United States Government facilities in the People's Republic of China.
(i) New Embassy Compound Kinshasa.--Of the funds appropriated by
this Act under the heading ``Peacekeeping Operations'' that are made
available for the central Government of the Democratic Republic of the
Congo, 25 percent shall be withheld from obligation until the Secretary
of State certifies and reports to the Committees on Appropriations that
such Government has fully vacated the property purchased by the United
States in Kinshasa for the construction of a New Embassy Compound.
(j) Reports.--
(1) None of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'' in this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs, made available
through Federal agency Capital Security Cost Sharing
contributions and reimbursements, or generated from the proceeds
of real property sales, other than from real property sales
located in London, United Kingdom, may be made available for
site acquisition and mitigation, planning, design, or
construction of the New London Embassy: Provided, That the
reporting requirement contained in section 7004(f)(2) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
remain in effect during fiscal year 2018.
(2) Within 45 days of enactment of this Act and every 4
months thereafter until September 30, 2019, the Secretary of
State shall submit to the Committees on Appropriations a report
on the new Mexico City Embassy, New Delhi Embassy, and Beirut
Embassy projects: Provided, That such report shall include, for
each of the projects--
(A) a detailed breakout of the project factors that
formed the basis of the initial cost estimate used to
justify such project to the Committees on
Appropriations, as described under the heading ``Embassy
Security, Construction, and Maintenance'' in House
Report 115-253;
(B) a comparison of the current project factors as
compared to the project factors submitted pursuant to
subparagraph (A) of this subsection, and an explanation
of any changes; and
(C) the impact of currency exchange rate
fluctuations on project costs.
[[Page 862]]
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 7015 of this
Act.
department of state management
Sec. 7006. (a) Financial Systems Improvement.--Funds appropriated by
this Act for the operations of the Department of State under the
headings ``Diplomatic and Consular Programs'' and ``Capital Investment
Fund'' shall be made available to implement the recommendations
contained in the Foreign Assistance Data Review Findings Report (FADR)
and the Office of Inspector General (OIG) report entitled ``Department
Financial Systems Are Insufficient to Track and Report on Foreign
Assistance Funds'': Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations an update to the plan required under
section 7006 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law 115-31) for
implementing the FADR and OIG recommendations: Provided further, That
such funds may not be obligated for enhancements to, or expansions of,
the Budget System Modernization Financial System, Central Resource
Management System, Joint Financial Management System, or Foreign
Assistance Coordination and Tracking System until such updated plan is
submitted to the Committees on Appropriations: Provided further, That
such funds may not be obligated for new, or expansion of existing, ad
hoc electronic systems to track commitments, obligations, or
expenditures of funds unless the Secretary of State, following
consultation with the Chief Information Officer of the Department of
State, has reviewed and certified that such new system or expansion is
consistent with the FADR and OIG recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the
Working Capital Fund may only be used for the service centers included
in the Congressional Budget Justification, Department of State, Foreign
Operations, and Related Programs, Fiscal Year 2018: Provided, That the
amounts for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of this Act:
Provided further, That Federal agency components shall be charged only
for their direct usage of each Working Capital Fund service: Provided
further, That prior to increasing the percentage charged to Department
of State bureaus and offices for procurement-related activities, the
Secretary of State shall include the proposed increase in the Department
of State budget justification or, at least 60 days prior to the
increase, provide the Committees on Appropriations a justification for
such increase, including a detailed assessment of the cost
[[Page 863]]
and benefit of the services provided by the procurement fee: Provided
further, That Federal agency components may only pay for Working Capital
Fund services that are consistent with the purpose and authorities of
such components: Provided further, That the Working Capital Fund shall
be paid in advance or reimbursed at rates which will return the full
cost of each service.
(c) Certification.--
(1) Not later than 45 days after the initial obligation of
funds appropriated under titles III and IV of this Act that are
made available to a Department of State bureau or office with
responsibility for the management and oversight of such funds,
the Secretary of State shall certify and report to the
Committees on Appropriations, on an individual bureau or office
basis, that such bureau or office is in compliance with
Department and Federal financial and grants management policies,
procedures, and regulations, as applicable.
(2) When making a certification required by paragraph (1),
the Secretary of State shall consider the capacity of a bureau
or office to--
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
(4) The report accompanying a certification required by
paragraph (1) shall include the requirements contained under
this section in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(d) Report on Sole Source Awards.--Not later than December 31, 2018,
the Secretary of State shall submit a report to the appropriate
congressional committees detailing all sole-source awards made by the
Department of State during the previous fiscal year in excess of
$2,000,000: Provided, That such report should be posted on the
Department of State Web site.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date
[[Page 864]]
of enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to such
government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply to
assistance to promote democratic elections or public participation in
democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Department of state.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the
Department of State under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers, and
no such transfer may be made to increase the appropriation under
the heading ``Representation Expenses''.
(2) Broadcasting board of governors.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors under title
I of this Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Title VI Agencies.--Not to exceed 5 percent of any
appropriation, other than for administrative expenses made available for
fiscal year 2018, for programs under title VI of this Act may be
transferred between such appropriations for use for any of the purposes,
programs, and activities for which the funds in such receiving account
may be used, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(c) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry
[[Page 865]]
out the purposes of the Foreign Assistance Act of 1961 may be
allocated or transferred to agencies of the United States
Government pursuant to the provisions of sections 109, 610, and
632 of the Foreign Assistance Act of 1961.
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement in
the previous sentence shall not apply to agreements entered into
between USAID and the Department of State.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any agreement for the
transfer or allocation of funds appropriated by this Act or prior Acts
making appropriations for the Department of State, foreign operations
and related programs, entered into between the Department of State or
USAID and another agency of the United States Government under the
authority of section 632(a) of the Foreign Assistance Act of 1961 or any
comparable provision of law, shall expressly provide that the Inspector
General (IG) for the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the receiving agency
does not have an IG, shall perform periodic program and financial audits
of the use of such funds and report to the Department of State or USAID,
as appropriate, upon completion of such audits: Provided, That such
audits shall be transmitted to the Committees on Appropriations by the
Department of State or USAID, as appropriate: Provided further, That
funds transferred under such authority may be made available for the
cost of such audits.
(f) Report.--Not later than 90 days after enactment of this Act, the
Secretary of State and the USAID Administrator shall each submit a
report to the Committees on Appropriations detailing all transfers to
another agency of the United States Government made pursuant to sections
632(a) and 632(b) of the Foreign Assistance Act of 1961 with funds
provided in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law 115-31) as
of the date of enactment of this Act: Provided, That such reports shall
include a list of each transfer made pursuant to such sections with the
respective funding level, appropriation account, and the receiving
agency.
[[Page 866]]
prohibition on certain operational expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made available
by this Act may be used for first-class travel by employees of United
States Government departments and agencies funded by this Act in
contravention of section 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this Act
for the operating expenses of any United States Government department or
agency may be used to establish or maintain a computer network for use
by such department or agency unless such network has filters designed to
block access to sexually explicit Web sites: Provided, That nothing in
this subsection shall limit the use of funds necessary for any Federal,
State, tribal, or local law enforcement agency, or any other entity
carrying out the following activities: criminal investigations,
prosecutions, and adjudications; administrative discipline; and the
monitoring of such Web sites undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act should be available to promote the sale or export
of tobacco or tobacco products, or to seek the reduction or removal by
any foreign country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided by this Act: Provided, That
funds appropriated for the purposes of chapters 1 and 8 of part I,
section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control Act, and
funds provided under the headings ``Development Credit Authority'' and
``Assistance for Europe, Eurasia and Central Asia'' shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the availability of funds pursuant to the previous proviso shall not be
applicable to such funds until the Secretary of State submits the report
required under section 7011 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2016 (division K of
Public Law 114-113): Provided further, That notwithstanding any other
provision of this Act, any funds made available for the purposes of
chapter 1 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 which are allocated or obligated for cash disbursements in
order to address balance of payments or economic policy reform
objectives, shall remain available for an additional 4 years from the
date on which the availability of such funds would otherwise have
expired, if such funds are initially allocated or obligated before the
expiration of their respective periods of availability contained in this
Act: Provided further, That the Secretary of State shall provide a
report to the Committees on Appropriations not later than October 30,
2018, detailing by account
[[Page 867]]
and source year, the use of this authority during the previous fiscal
year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency for
International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal year
2018 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United States
assistance programs, either directly or through grantees, contractors,
and subcontractors, shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2019 and for prior fiscal
years and allocated for the central government of such country or for
the West Bank and Gaza program, as applicable, if, not later than
September 30, 2019, such taxes have not been reimbursed: Provided, That
the Secretary of State shall report to the Committees on Appropriations
by such date on the foreign governments and entities that have not
reimbursed such taxes, including any amount of funds withheld pursuant
to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
[[Page 868]]
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) Consultation.--The Secretary of State shall consult with
the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the Government
of the United States and the government of the country receiving
assistance that describes the privileges and immunities
applicable to United States foreign assistance for such country
generally, or an individual agreement between the Government of
the United States and such government that describes, among
other things, the treatment for tax purposes that will be
accorded the United States assistance provided under that
agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall not
include individual income taxes assessed to local staff.
(h) Report.--Not later than 90 days after enactment of this Act, the
Secretary of State, in consultation with the heads of other relevant
agencies of the United States Government, shall submit a report to the
Committees on Appropriations on the requirements contained under this
section in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible by
operation of any provision of this or any other Act: Provided, That any
such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that are
specifically designated for particular programs or activities by this or
any other Act may be extended for an additional fiscal year if the
Secretary of State or the USAID Administrator, as
[[Page 869]]
appropriate, determines and reports promptly to the Committees on
Appropriations that the termination of assistance to a country or a
significant change in circumstances makes it unlikely that such
designated funds can be obligated during the original period of
availability: Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated only for the
purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or authorities
appropriated or otherwise made available by any subsequent Act unless
such Act specifically so directs: Provided, That specifically
designated funding levels or minimum funding requirements contained in
any other Act shall not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I and II of this
Act or prior Acts making appropriations for the Department of State,
foreign operations, and related programs to the departments and agencies
funded by this Act that remain available for obligation in fiscal year
2018, or provided from any accounts in the Treasury of the United States
derived by the collection of fees or of currency reflows or other
offsetting collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be available for
obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under titles I
and II of this Act that remain available for obligation in fiscal year
2018, or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the department and agency
funded under title I of this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings from
a reduction in personnel, which would result in a change
[[Page 870]]
in existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
and ``Peace Corps'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days in
advance of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
activity, program, or project for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority: Provided further, That if subsequent to the notification of
assistance it becomes necessary to rely on notwithstanding authority,
the Committees on Appropriations should be informed at the earliest
opportunity and to the extent practicable.
(d) Department of Defense Programs and Funding Notifications.--
(1) Programs.--None of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available
to support or continue any program initially funded under any
authority of title 10, United States Code, or any Act making or
authorizing appropriations for the Department of Defense, unless
the Secretary of State, in consultation with the Secretary of
Defense and in accordance with the regular notification
procedures of the Committees on Appropriations, submits a
justification to such Committees that includes a description of,
and the estimated costs associated with, the support or
continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
with the exception of funds transferred to, and merged with,
[[Page 871]]
funds appropriated under title I of this Act, funds transferred
by the Department of Defense to the Department of State and the
United States Agency for International Development for
assistance for foreign countries and international organizations
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if failure
to do so would pose a substantial risk to human health or welfare:
Provided, That in case of any such waiver, notification to the
Committees on Appropriations shall be provided as early as practicable,
but in no event later than 3 days after taking the action to which such
notification requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated or
expended for assistance for Afghanistan, Bahrain, Bolivia, Burma,
Cambodia, Colombia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia,
Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico,
Pakistan, Philippines, the Russian Federation, Somalia, South Sudan, Sri
Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except
as provided through the regular notification procedures of the
Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution as defined by section 7034(r)(3) of this Act shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided, That such notification shall include the
information specified under this section in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(h) Other Program Notification Requirement.--
(1) Diplomatic and consular programs.--Funds appropriated
under title I of this Act under the heading ``Diplomatic and
Consular Programs'' that are made available for a pilot program
for lateral entry into the Foreign Service shall be subject to
prior consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that are
made available for the following programs and activities shall
be subject to the regular notification procedures of the
Committees on Appropriations--
(A) The Global Engagement Center, except that the
Secretary of State shall consult with the appropriate
congressional committees prior to submitting such
notification;
(B) The Power Africa initiative, or any successor
program;
(C) Community-based police assistance conducted
pursuant to the authority of section 7049 of this Act;
[[Page 872]]
(D) Programs to counter foreign fighters and
extremist organizations, pursuant to section 7073(a) of
this Act;
(E) The Relief and Recovery Fund;
(F) The Global Security Contingency Fund; and
(G) Programs to end modern slavery.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Requirement to Inform, Coordinate, and Consult.--
(1) The Secretary of State shall promptly inform the
appropriate congressional committees of each instance in which
funds appropriated by this Act for assistance for Iraq, Libya,
Somalia, and Syria, the Counterterrorism Partnership Fund, the
Relief and Recovery Fund, and to counter extremism and foreign
fighters abroad, have been diverted or destroyed, to include the
type and amount of assistance, a description of the incident and
parties involved, and an explanation of the response of the
Department of State or USAID, as appropriate: Provided, That
the Secretary shall ensure such funds are coordinated with, and
complement, the programs of other United States Government
departments and agencies and international partners in such
countries and on such activities.
(2) The Secretary of State shall consult with the Committees
on Appropriations at least seven days prior to informing a
government of, or publically announcing a decision on, the
suspension of assistance to a country or a territory from funds
appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related
programs.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as other committees
pursuant to subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are significant
military equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere in this Act
for the use of appropriated funds for specific countries that would
receive such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition cost of
such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under titles
[[Page 873]]
I and III through V of this Act, which are returned or not made
available for organizations and programs because of the implementation
of section 307(a) of the Foreign Assistance Act of 1961, shall remain
available for obligation until September 30, 2019: Provided, That the
requirement to withhold funds for programs in Burma under section 307(a)
of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available in the amounts specifically designated in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That such designated amounts for foreign countries and international
organizations shall serve as the amounts for such countries and
international organizations transmitted to Congress in the report
required by section 653(a) of the Foreign Assistance Act of 1961.
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, may only deviate up
to 4 percent from the amounts specifically designated in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That such percentage may be exceeded only to respond to significant,
exigent, or unforeseen events, or to address other exceptional
circumstances directly related to the national interest: Provided
further, That deviations pursuant to the previous proviso shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by
[[Page 874]]
section 653(a) of the Foreign Assistance Act of 1961, no deviations
authorized by subsection (b) may take place until submission of such
report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables
included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act); and
(B) funds for which the initial period of
availability has expired.
(2) The authority in subsection (b) to deviate below amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) shall not apply to the
table included under the heading ``Global Health Programs'' in
such explanatory statement.
(e) Reports.--The Secretary of State and the USAID Administrator, as
appropriate, shall submit the reports required, in the manner described,
in House Report 115-253, Senate Report 115-152, and the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), unless directed otherwise in such explanatory
statement.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department, agency, or
entity funded in titles I or II of this Act, and the Department of the
Treasury and independent agencies funded in titles III or VI of this
Act, shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official agency
business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' may be obligated or
expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions, and
amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
[[Page 875]]
(1) Prohibition.--None of the funds appropriated or
otherwise made available by titles III through VI of this Act
may be made available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State has determined supports international
terrorism for purposes of section 6(j) of the Export
Administration Act of 1979 as continued in effect pursuant to
the International Emergency Economic Powers Act: Provided, That
the prohibition under this section with respect to a foreign
government shall terminate 12 months after that government
ceases to provide such military equipment: Provided further,
That this section applies with respect to lethal military
equipment provided under a contract entered into after October
1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount of
such assistance, and an explanation of how the assistance
furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any foreign
government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in
the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and
[[Page 876]]
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security
Act of 1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``Foreign Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country, regional, and
central program level funding within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall also
be considered to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days after the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961 or as
modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the Export-
Import Bank and the Overseas Private Investment Corporation shall be
obligated or expended to finance any loan, any assistance, or any other
financial commitments for establishing or expanding production of any
commodity for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the judgment
of its Board of Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United States
producers of the same, similar, or competing
[[Page 877]]
commodity, and the Chairman of the Board so notifies the Committees on
Appropriations: Provided further, That this subsection shall not
prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in a
foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) <> International Financial
Institutions.--The Secretary of the Treasury shall instruct the United
States executive directors of the international financial institutions,
as defined in section 7034(r)(3) of this Act, to use the voice and vote
of the United States to oppose any assistance by such institutions,
using funds appropriated or made available by this Act, for the
production or extraction of any commodity or mineral for export, if it
is in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. (a) <> Separate Accounts for
Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
[[Page 878]]
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) Report.--The USAID Administrator shall report as part of
the congressional budget justification submitted to the
Committees on Appropriations on the use of local currencies for
the administrative requirements of the United States Government
as authorized in subsection (a)(2)(B), and such report shall
include the amount of local currency (and United States dollar
equivalent) used or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part I
or chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assistance,
that country shall be required to maintain such funds in a
separate account and not commingle with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the
[[Page 879]]
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion of
the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using the
authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2018, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Food for Peace Act
(Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided, That none of the
funds appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
[[Page 880]]
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to the
United States Agency for International Development may only be made
available for limited competitions through local entities if--
(1) prior to the determination to limit competition to local
entities, USAID has--
(A) assessed the level of local capacity to
effectively implement, manage, and account for programs
included in such competition; and
(B) documented the written results of the assessment
and decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined
to be responsible in accordance with USAID guidelines;
and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) Report.--In addition to the requirements of subsection (a)(1),
the USAID Administrator shall report to the appropriate congressional
committees not later than 45 days after the end of fiscal year 2018 on
all awards subject to limited or no competition for local entities:
Provided, That such report shall be posted on the USAID Web site:
Provided further, That the requirements of this subsection shall only
apply to awards in excess of $3,000,000 and sole source awards to local
entities in excess of $2,000,000.
(c) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2018.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to seek to require that such
institution adopts and implements a publicly available policy, including
the strategic use of peer reviews and external experts, to conduct
independent, in-depth evaluations of the effectiveness of at least 25
percent of all loans, grants, programs, and significant analytical non-
lending activities in advancing the institution's goals of reducing
poverty and promoting equitable economic growth, consistent with
relevant safeguards, to ensure that decisions to support such loans,
grants, programs, and activities are based on accurate data and
objective analysis: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken in fiscal year 2017 by the
United States executive directors and the international financial
institutions consistent with this subsection compared to the previous
fiscal year.
(b) Safeguards.--
(1) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
[[Page 881]]
Reconstruction and Development and the International Development
Association to vote against any loan, grant, policy, or strategy
if such institution has adopted and is implementing any social
or environmental safeguard relevant to such loan, grant, policy,
or strategy that provides less protection than World Bank
safeguards in effect on September 30, 2015.
(2) The Secretary of the Treasury should instruct the United
States executive director of each international financial
institution to vote against loans or other financing for
projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation; cultural protection; and empowerment of
local populations, including free, prior and informed
consent of affected indigenous communities;
(C) do not provide incentives for, or facilitate,
forced displacement; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate United
States executive director to such institution is compensated by the
institution at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to seek to require that such institution conducts rigorous
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution: Provided, That prior to voting on any such loan, grant,
policy, or strategy the executive director shall consult with the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, if the executive director has reason to believe that such
loan, grant, policy, or strategy could result in forced displacement or
other violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to promote in loan, grant, and other financing
agreements improvements in borrowing countries' financial management and
judicial capacity to investigate, prosecute, and punish fraud and
corruption.
(f) Beneficial Ownership Information.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to seek to require that such
[[Page 882]]
institution collects, verifies, and publishes, to the maximum extent
practicable, beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company, other
than a publicly listed company, that receives funds from any such
financial institution: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken in fiscal year 2017 by the
United States executive directors and the international financial
institutions consistent with this subsection compared to the previous
fiscal year.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to seek to require that each such institution is
effectively implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers from
retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
debt-for-development
Sec. 7030. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development may
place in interest bearing accounts local currencies which accrue to that
organization as a result of economic assistance provided under title III
of this Act and, subject to the regular notification procedures of the
Committees on Appropriations, any interest earned on such investment
shall be used for the purpose for which the assistance was provided to
that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A)(i) each implementing agency or ministry to
receive assistance has been assessed and is considered
to have the systems required to manage such assistance
and any identified vulnerabilities or weaknesses of such
agency or ministry have been addressed;
(ii) the recipient agency or ministry employs and
utilizes staff with the necessary technical, financial,
and management capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are
in place to ensure that such assistance is used for its
intended purposes;
(v) no level of acceptable fraud is assumed; and
[[Page 883]]
(vi) the government of the recipient country is
taking steps to publicly disclose on an annual basis its
national budget, to include income and expenditures;
(B) the recipient government is in compliance with
the principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed
or controlled by an organization designated as a foreign
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189);
(D) the Government of the United States and the
government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use
of such assistance, which should be made available on a
cost-reimbursable basis; and
(E) the recipient government is taking steps to
protect the rights of civil society, including freedoms
of expression, association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available
for direct government-to-government assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall contain
an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000 and
all funds available for cash transfer, budget support, and cash
payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or the
Secretary has credible information of material misuse of such
assistance, unless the Administrator or the Secretary reports to
the Committees on Appropriations that it is in the national
interest of the United States to continue such assistance,
including a justification, or that such misuse has been
appropriately addressed.
(4) Submission of information.--The Secretary of State shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2019 congressional budget justification materials,
amounts planned for assistance described in paragraph (1) by
country, proposed funding amount, source of funds, and type of
assistance.
(5) Report.--Not later than 90 days after the enactment of
this Act and every 6 months thereafter until September 30, 2019,
the USAID Administrator shall submit to the Committees on
Appropriations a report that--
(A) details all assistance described in paragraph
(1) provided during the previous 6-month period by
country, funding amount, source of funds, and type of
such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
[[Page 884]]
(6) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of any
foreign country for debt service payments owed by any country to
any international financial institution: Provided, That for
purposes of this paragraph, the term ``international financial
institution'' has the meaning given the term in section
7034(r)(3) of this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget documentation (to include receipts
and expenditures by ministry) and government contracts and
licenses for natural resource extraction (to include bidding and
concession allocation practices).
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall make
or update any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be
posted on the Department of State Web site: Provided, That the
Secretary shall identify the significant progress made by each
such government to publicly disclose national budget
documentation, contracts, and licenses which are additional to
such information disclosed in previous fiscal years, and include
specific recommendations of short- and long-term steps such
government should take to improve fiscal transparency: Provided
further, That the annual report shall include a detailed
description of how funds appropriated by this Act are being used
to improve fiscal transparency, and identify benchmarks for
measuring progress.
(4) Assistance.--Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition to
funds otherwise available for such purposes: Provided further,
That a description of the uses of such funds shall be included
in the annual ``Fiscal Transparency Report'' required by
paragraph (3).
(c) <> Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their
immediate family members about whom the Secretary of
State has credible information have been involved in
significant corruption, including corruption related to
the extraction
[[Page 885]]
of natural resources, or a gross violation of human
rights shall be ineligible for entry into the United
States.
(B) The Secretary shall also publicly or privately
designate or identify officials of foreign governments
and their immediate family members about whom the
Secretary has such credible information without regard
to whether the individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible if entry
into the United States would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement: Provided, That nothing in paragraph (1)
shall be construed to derogate from United States Government
obligations under applicable international agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 6 months after enactment of this
Act, the Secretary of State shall submit a report, including a
classified annex if necessary, to the Committees on
Appropriations and the Committees on the Judiciary describing
the information related to corruption or violation of human
rights concerning each of the individuals found ineligible in
the previous 12 months pursuant to paragraph (1)(A) as well as
the individuals who the Secretary designated or identified
pursuant to paragraph (1)(B), or who would be ineligible but for
the application of paragraph (2), a list of any waivers provided
under paragraph (3), and the justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State Web site.
(6) Clarification.--For purposes of paragraphs (1)(B), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States pertaining
to the issuance or refusal of visas or permits to enter the
United States shall not be considered confidential.
(d) Networks of Corruption.--If the Secretary of State has credible
information of networks of corruption involving the participation of, or
support from, a senior official in a country that receives assistance
funded by this Act under titles III or IV, the Secretary shall update
the report on such networks required by section 7031(d) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31).
(e) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section 8204
of the Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict diamonds,
[[Page 886]]
and provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) United states policy.--
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions,
and post on the Department of the Treasury Web site,
that it is the policy of the United States to vote
against any assistance by such institutions (including
any loan, credit, grant, or guarantee) to any country
for the extraction and export of a natural resource if
the government of such country has in place laws,
regulations, or procedures to prevent or limit the
public disclosure of company payments as required by
United States law, and unless such government has
adopted laws, regulations, or procedures in the sector
in which assistance is being considered for--
(i) accurately accounting for and public
disclosure of payments to the host government by
companies involved in the extraction and export of
natural resources;
(ii) the independent auditing of accounts
receiving such payments and public disclosure of
the findings of such audits; and
(iii) public disclosure of such documents as
Host Government Agreements, Concession Agreements,
and bidding documents, allowing in any such
dissemination or disclosure for the redaction of,
or exceptions for, information that is
commercially proprietary or that would create
competitive disadvantage.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
this subparagraph.
(f) Foreign Assistance Web Site.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the Department of State foreign assistance Web
site: Provided, That all Federal agencies funded under this Act shall
provide such information on foreign assistance, upon request, to the
Department of State.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $2,308,517,000 shall be made
available for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs pursuant to paragraph (1), the Bureau of Democracy,
Human Rights, and Labor, Department of State, shall administer
an amount not less than the amount administered in fiscal year
2017 under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia''.
[[Page 887]]
(b) Authority.--Funds made available by this Act for democracy
programs may be made available notwithstanding any other provision of
law, and with regard to the National Endowment for Democracy, any
regulation.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means programs
that support good governance, credible and competitive elections,
freedom of expression, association, assembly, and religion, human
rights, labor rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states, and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law, as determined
by the Secretary of State or the Administrator of the United States
Agency for International Development, as appropriate.
(e) Restriction on Prior Approval.--With respect to the provision of
assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country: Provided, That the
Secretary of State, in coordination with the USAID Administrator, shall
report to the Committees on Appropriations, not later than 120 days
after enactment of this Act, detailing steps taken by the Department of
State and USAID to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus building
programs abroad with funds appropriated by this Act in a manner that
recognizes the unique benefits of grants and cooperative agreements in
implementing such programs: Provided, That nothing in this paragraph
shall be construed to affect the ability of any entity, including United
States small businesses, from competing for proposals for USAID-funded
civil society and political competition and consensus building programs.
(g) Country Strategy Reviews.--Prior to the obligation of funds made
available by this Act for Department of State and USAID democracy
programs for a nondemocratic or democratic transitioning country for
which a country strategy has been concluded after the date of enactment
of this Act, as required by section 2111(c)(1) of the ADVANCE Democracy
Act of 2007 (title XXI of Public Law 110-53; 22 U.S.C. 8211) or similar
provision of law or regulation, the Under Secretary for Civilian
Security, Democracy and Human Rights, Department of State, in
consultation with the Assistant Secretary for Democracy, Human Rights,
and Labor, Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID, shall review
such strategy to ensure that it includes--
(1) specific goals and objectives for such program,
including a specific plan and timeline to measure impacts;
[[Page 888]]
(2) an assessment of the risks associated with the conduct
of such program to intended beneficiaries and implementers,
including steps to support and protect such individuals; and
(3) the funding requirements to initiate and sustain such
program in fiscal year 2018 and subsequent fiscal years, as
appropriate:
Provided, That for the purposes of this subsection, the term
``nondemocratic or democratic transitioning country'' shall have the
same meaning as in section 2104(6) of the ADVANCE Democracy Act of 2007.
(h) Communication and Reports.--
(1) Informing the national endowment for democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID, shall
regularly inform the National Endowment for Democracy of
democracy programs that are planned and supported by funds made
available by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs.
(2) Reports.--
(A) Funding instruments.--Not later than September
30, 2018, the Secretary of State and USAID Administrator
shall each submit to the Committees on Appropriations a
report detailing the use of contracts, grants, and
cooperative agreements in the conduct of democracy
programs with funds made available by the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-
31), which shall include funding level, account, program
sector and subsector, and a brief summary of purpose.
(B) Program changes.--The Secretary of State or the
USAID Administrator, as appropriate, shall report to the
appropriate congressional committees within 30 days of a
decision to significantly change the objectives or the
content of a democracy program or to close such a
program due to the increasingly repressive nature of the
host country government: Provided, That the report
shall also include a strategy for continuing support for
democracy promotion, if such programming is feasible,
and may be submitted in classified form, if necessary.
(i) Protection of Civil Society Activists and Journalists.--
(1) Plan.--Not later than 120 days after enactment of this
Act, the Secretary of State shall submit to the appropriate
congressional committees a diplomatic and programmatic action
plan to support and protect civil society activists and
journalists who have been threatened, harassed, or attacked for
peacefully exercising their rights of free expression,
association, or assembly: Provided, That the Assistant
Secretary for Democracy, Human Rights, and Labor (DRL),
Department of State, shall develop such action plan in
coordination with the relevant bureaus and offices of the
Department of State and USAID.
(2) Funds.--Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'', not
less than $10,000,000 shall be made available for programs
[[Page 889]]
and activities to implement the action plan described in
paragraph (1): Provided, That such funds may only be made
available following consultation with the Committees on
Appropriations: Provided further, That such funds shall be
allocated to, and administered by, DRL and relevant bureaus and
offices of the Department of State and USAID, and are in
addition to amounts otherwise made available for such purposes.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and Special
Envoy to Promote Religious Freedom.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic and Consular Programs'' shall be made
available for the Office of International Religious Freedom,
Bureau of Democracy, Human Rights, and Labor, Department of
State, the Office of the Ambassador-at-Large for International
Religious Freedom, and the Special Envoy to Promote Religious
Freedom of Religious Minorities in the Near East and South
Central Asia, as authorized in the Near East and South Central
Asia Religious Freedom Act of 2014 (Public Law 113-161),
including for support staff at not less than the amounts
specified for such offices in the table under such heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(2) Curriculum.--Funds appropriated under the heading
``Diplomatic and Consular Programs'' and designated for the
Office of International Religious Freedom shall be made
available for the development and implementation of an
international religious freedom curriculum in accordance with
section 708(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4028(a)(2)).
(b) Assistance.--
(1) International religious freedom programs.--Of the funds
appropriated by this Act under the heading ``Democracy Fund''
and available for the Human Rights and Democracy Fund, not less
than $10,000,000 shall be made available for international
religious freedom programs: Provided, That the Ambassador-at-
Large for International Religious Freedom shall consult with the
Committees on Appropriations on the uses of such funds.
(2) Protection and investigation programs.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $10,000,000 shall be made available for
programs to protect vulnerable and persecuted religious
minorities: Provided, That a portion of such funds shall be
made available for programs to investigate the persecution of
such minorities by governments and non-state actors and for the
public dissemination of information collected on such
persecution, including on the Department of State Web site.
(3) Humanitarian programs.--Funds appropriated by this Act
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall be made available for
humanitarian assistance for vulnerable and persecuted religious
minorities, including victims of genocide designated by the
Secretary of State and other groups that have suffered crimes
against humanity and ethnic cleansing, to--
[[Page 890]]
(A) facilitate the implementation of an immediate,
coordinated, and sustained response to provide
humanitarian assistance;
(B) enhance protection of conflict victims,
including those facing a dire humanitarian crisis and
severe persecution because of their faith or ethnicity;
and
(C) improve access to secure locations for obtaining
humanitarian and resettlement services.
(4) Transitional justice, reconciliation, and reintegration
programs.--Of the funds appropriated by this Act that are made
available for the Relief and Recovery Fund, not less than
$5,000,000 shall be made available to support transitional
justice, reconciliation, and reintegration programs for
vulnerable and persecuted religious minorities, including in the
Middle East and North Africa regions: Provided, That such funds
shall be matched, to the maximum extent practicable, from
sources other than the United States Government.
(5) Responsibility for funds.--Funds made available by
paragraphs (1) and (2) shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials.
(c) International Broadcasting.--Funds appropriated by this Act
under the heading ``Broadcasting Board of Governors, International
Broadcasting Operations'' shall be made available for programs related
to international religious freedom, including reporting on the condition
of vulnerable and persecuted religious groups.
(d) Atrocities Prevention.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $5,000,000 shall
be made available for programs to prevent atrocities, including to
implement recommendations of the Atrocities Prevention Board: Provided,
That the Under Secretary for Civilian Security, Democracy, and Human
Rights, Department of State, shall be responsible for providing the
strategic policy direction for, and policy oversight of, funds made
available pursuant to this subsection to the Bureaus of International
Narcotics and Law Enforcement Affairs and Democracy, Human Rights, and
Labor, Department of State: Provided further, That such funds shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(e) Funding Clarification.--Funds made available pursuant to
subsections (b) and (d) are in addition to amounts otherwise made
available for such purposes.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of such
trafficking, may be made available notwithstanding any other provision
of law.
(b) Law Enforcement and Security.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
[[Page 891]]
(2) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries
undergoing democratic transition.
(3) Disarmament, demobilization, and reintegration.--Section
7034(d) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of Public
Law 113-235) shall continue in effect during fiscal year 2018.
(4) Forensic assistance.--
(A) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$8,000,000 shall be made available for forensic
anthropology assistance related to the exhumation and
identification of victims of war crimes, crimes against
humanity, and genocide, which shall be administered by
the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State: Provided, That such funds
shall be in addition to funds made available by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs for
assistance for countries.
(B) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'', not less than $6,000,000 shall be made
available for DNA forensic technology programs to combat
human trafficking in Central America and Mexico.
(5) International prison conditions.--Section 7065 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)
shall continue in effect during fiscal year 2018.
(6) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(7) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a report on funds obligated
and expended during fiscal year 2017, by country and purpose of
assistance, under the headings ``Peacekeeping Operations'',
``International Military Education and Training'', and ``Foreign
Military Financing Program''.
(8) Foreign military sales and foreign military financing
program.--
(A) Availability.--Funds appropriated by this Act
under the heading ``Foreign Military Financing Program''
for the general costs of administering military
assistance and sales shall be made available to increase
the efficiency and effectiveness of programs authorized
by Chapter 2 of the Arms Export Control Act: Provided,
That prior to the obligation of funds for such purposes,
the Secretary of State shall consult with the Committees
on Appropriations.
[[Page 892]]
(B) Quarterly status report.--Following the
submission of the quarterly report required by section
36 of Public Law 90-629 (22 U.S.C. 2776), the Secretary
of State, in coordination with the Secretary of Defense,
shall submit to the Committees on Appropriations a
status report that contains the information described
under the heading ``Foreign Military Financing Program''
in House Report 115-253.
(9) Vetting report.--
(A) In general.--Not later than 90 days after
enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional
committees on foreign assistance cases submitted for
vetting for purposes of section 620M of the Foreign
Assistance Act of 1961 during the preceding fiscal year,
including--
(i) the total number of cases submitted,
approved, suspended, or rejected for human rights
reasons; and
(ii) for cases rejected, a description of the
steps taken to assist the foreign government in
taking effective measures to bring the responsible
members of the security forces to justice, in
accordance with section 620M(c) of the Foreign
Assistance Act of 1961.
(B) Form.--The report required by this paragraph
shall be submitted in unclassified form, but may be
accompanied by a classified annex.
(10) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ``military training provided to foreign
military personnel by the Department of Defense and the
Department of State'' shall be deemed to include all military
training provided by foreign governments with funds appropriated
to the Department of Defense or the Department of State, except
for training provided by the government of a country designated
by section 517(b) of such Act as a major non-NATO ally.
(11) Assistance to eliminate torture.--Funds appropriated
under titles III and IV of this Act shall be made available,
notwithstanding section 660 of the Foreign Assistance Act of
1961 and following consultation with the Committees on
Appropriations, for assistance to eliminate torture by foreign
police, military or other security forces in countries receiving
assistance from funds appropriated by this Act.
(12) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act,
funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' shall be made available for combat
casualty training and equipment.
(B) The Secretary of State shall offer combat
casualty care training and equipment as a component of
any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this paragraph shall
apply to a country in conflict, unless the Secretary
determines that such country has in place, to the
maximum extent practicable,
[[Page 893]]
functioning combat casualty care treatment and equipment
that meets or exceeds the standards recommended by the
Committee on Tactical Combat Casualty Care: Provided
further, That any such training and equipment for combat
casualty care shall be made available through an open
and transparent process.
(c) World Food Programme.--
(1) Contribution.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States
Agency for International Development, from this or any other
Act, may be made available as a general contribution to the
World Food Programme, notwithstanding any other provision of
law.
(2) Program to leverage additional contributions.--Funds
appropriated by this Act shall be made available to leverage
additional contributions for the World Food Programme from
sources other than the United States Government: Provided, That
the Secretary of State shall consult with the Committees on
Appropriations on implementation of this paragraph.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs under the
headings ``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' may be made available as
contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of the
Committees on Appropriations.
(3) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic and
Consular Programs'', up to $500,000 may be made available for
grants pursuant to section 504 of the Foreign Relations
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d), including
to facilitate collaboration with indigenous communities, and up
to $1,000,000 may be made available for grants to carry out the
activities of the Cultural Antiquities Task Force.
(4) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may not
exceed $100,000: Provided further, That no more than 10 such
awards may be made during fiscal year 2018: Provided further,
That for purposes of this paragraph the term ``innovation
incentive award'' means the provision of funding on a
competitive basis that--
(A) encourages and rewards the development of
solutions for a particular, well-defined problem related
to the alleviation of poverty; or
[[Page 894]]
(B) helps identify and promote a broad range of
ideas and practices facilitating further development of
an idea or practice by third parties.
(5) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange Visitor
Program administered by the Department of State to implement the
Mutual Educational and Cultural Exchange Act of 1961, as
amended, (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedures Act and notwithstanding the exceptions
to such rulemaking process in such Act: Provided, That funds
made available for such purpose shall only be made available
after consultation with, and subject to the regular notification
procedures of, the Committees on Appropriations, regarding how
any proposed modification would affect the public diplomacy
goals of, and the estimated economic impact on, the United
States.
(6) Report.--The report required by section 502(d) of the
Intelligence Authorization Act for Fiscal Year 2017 (division N
of Public Law 115-31; 22 U.S.C. 254a note) shall be provided to
the Committees on Appropriations.
(e) Partner Vetting.--The Secretary of State and USAID Administrator
may initiate a partner vetting program to mitigate the risk of diversion
of foreign assistance, or make significant modifications to any existing
partner vetting program, only following consultation with the Committees
on Appropriations: Provided, That the Secretary and Administrator
should provide a direct vetting option for prime awardees in any partner
vetting program initiated after the date of the enactment of this Act.
(f) Contingencies.--During fiscal year 2018, the President may use
up to $125,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(g) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking appropriate
steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(h) Cultural Preservation Project Determination.--None of the funds
appropriated in titles I and III of this Act may be used for the
preservation of religious sites unless the Secretary of State or the
USAID Administrator, as appropriate, determines and reports to the
Committees on Appropriations that such sites are historically,
artistically, or culturally significant, that the purpose of the project
is neither to advance nor to inhibit the free exercise of religion, and
that the project is in the national interest of the United States.
(i) Transfer of Funds for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the heading
``Protection of Foreign Missions and Officials'' unobligated balances of
expired funds appropriated under the heading ``Diplomatic and Consular
Programs'' for fiscal year 2018, except for funds designated for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of
[[Page 895]]
the Balanced Budget and Emergency Deficit Control Act of 1985, at no
later than the end of the fifth fiscal year after the last fiscal year
for which such funds are available for the purposes for which
appropriated: Provided, That not more than $50,000,000 may be
transferred.
(j) Authority to Counter Extremism.--Funds made available by this
Act under the heading ``Economic Support Fund'' to counter extremism may
be made available notwithstanding any other provision of law restricting
assistance to foreign countries, except sections 502B and 620A of the
Foreign Assistance Act of 1961: Provided, That the use of the authority
of this subsection shall be subject to prior consultation with the
appropriate congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(k) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--Section 7034(k) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect during
fiscal year 2018.
(l) Extension of Authorities.--
(1) <> Passport fees.--Section
1(b)(2) of the Passport Act of June 4, 1920 (22 U.S.C.
214(b)(2)) shall be applied by substituting ``September 30,
2018'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September 30,
2018.
(3) <> USAID civil service
annuitant waiver.--Section 625(j)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by
substituting ``September 30, 2018'' for ``October 1, 2010'' in
subparagraph (B).
(4) Overseas pay comparability and limitation.--
(A) Subject to the limitation described in
subparagraph (B), the authority provided by section 1113
of the Supplemental Appropriations Act, 2009 (Public Law
111-32) shall remain in effect through September 30,
2018.
(B) The authority described in subparagraph (A) may
not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the
Supplemental Appropriations Act, 2009 (Public Law 111-
32)) a locality-based comparability payment (stated as a
percentage) that exceeds two-thirds of the amount of the
locality-based comparability payment (stated as a
percentage) that would be payable to such member under
section 5304 of title 5, United States Code, if such
member's official duty station were in the District of
Columbia.
(5) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2017'' and inserting ``2017, and 2018''; and
(ii) in subsection (e), by striking ``2017''
each place it appears and inserting ``2018''; and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2017'' and inserting
``2018''.
[[Page 896]]
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111-212) shall remain in effect through
September 30, 2018.
(7) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
1011) is amended by striking ``2018'' and inserting
``2019''.
(B) Section 514(b)(2)(A) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``and 2018'' and inserting ``2018, and 2019''.
(8) <> Accountability review
boards.--The authority provided by section 301(a)(3) of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4831(a)(3)) shall be in effect for facilities in
Afghanistan through September 30, 2018, except that the
notification and reporting requirements contained in such
section shall include the Committees on Appropriations.
(m) Monitoring and Evaluation.--Funds appropriated by this Act that
are available for monitoring and evaluation of assistance under the
headings ``Development Assistance'', ``International Disaster
Assistance'' and ``Migration and Refugee Assistance'' shall, as
appropriate, be made available for the regular collection of feedback
obtained directly from beneficiaries on the quality and relevance of
such assistance: Provided, That the Department of State and USAID
shall, as appropriate, require implementing partners that receive funds
under such headings to establish procedures for regularly collecting and
responding to such feedback, inform the Department of State and USAID of
such procedures, and report to the Department of State and USAID on
actions taken in response to the feedback received: Provided further,
That the Department of State and USAID shall conduct regular oversight
to ensure that such feedback is collected and used by implementing
partners to maximize the cost-effectiveness and utility of such
assistance.
(n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria, and
tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriation Act,
2005 (Public Law 108-447) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds deposited
for such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall
include in the congressional budget justification an accounting of
budgetary resources, disbursements, balances, and reimbursements related
to such fund.
(o) Loans and Enterprise Funds.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia
and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
[[Page 897]]
and related programs may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of loan guarantees for Egypt, Jordan, Iraq, Tunisia, and
Ukraine, which are authorized to be provided: Provided, That
amounts made available under this paragraph for the costs of
such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country.
(2) Enterprise funds.--Funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available to
establish and operate one or more enterprise funds for Egypt,
Jordan, and Tunisia: Provided, That the first, third and fifth
provisos under section 7041(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112-74) shall apply to funds
appropriated by this Act under the heading ``Economic Support
Fund'' for an enterprise fund or funds to the same extent and in
the same manner as such provision of law applied to funds made
available under such section (except that the clause excluding
subsection (d)(3) of section 201 of the SEED Act shall not
apply): Provided further, That in addition to the previous
proviso, the authorities in the matter preceding the first
proviso of such section may apply to any such enterprise fund or
funds: Provided further, That the authority of any such
enterprise fund or funds to provide assistance shall cease to be
effective on December 31, 2028.
(3) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for the
Department of State, foreign operations, and related programs
that were previously designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant
to section 251(b)(2)(A)(ii) of such Act.
(4) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject
to prior consultation with the appropriate congressional
committees, and subject to the regular notification procedures
of the Committees on Appropriations.
(p) <> Local Works.--
(1) The ``Small Grants Program'' established pursuant to
section 7080 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of Public
Law 113-235) shall hereafter be referred to as ``Local Works''.
(2) Of the funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less
than $47,000,000 shall be made available for Local Works
pursuant to section 7080 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235), which may remain available
until September 30, 2022.
[[Page 898]]
(3) For the purposes of section 7080 of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2015 (division J of Public Law 113-235), ``eligible
entities'' shall be defined as small local, international, and
United States-based nongovernmental organizations, educational
institutions, and other small entities that have received less
than a total of $5,000,000 from USAID over the previous 5 fiscal
years: Provided, That departments or centers of such
educational institutions may be considered individually in
determining such eligibility.
(q) Department of State Inspector General Waiver Authority.--The
Inspector General of the Department of State may waive the provisions of
subsections (a) through (d) of section 824 of the Foreign Service Act of
1980 (22 U.S.C. 4064) on a case-by-case basis for an annuitant
reemployed by the Inspector General on a temporary basis, subject to the
same constraints and in the same manner by which the Secretary of State
may exercise such waiver authority pursuant to subsection (g) of such
section.
(r) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House of
Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the term
``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(3) <> International financial
institutions.--In this Act ``international financial
institutions'' means the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the Asian
Development Bank, the Asian Development Fund, the Inter-American
Investment Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Southern kordofan reference.--Any reference to Southern
Kordofan in this or any other Act making appropriations for the
Department of State, foreign operations, and related programs
shall be deemed to include portions of Western Kordofan that
were previously part of Southern Kordofan prior to the 2013
division of Southern Kordofan.
(5) <> USAID.--In this Act, the
term ``USAID'' means the United States Agency for International
Development.
(6) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
[[Page 899]]
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(7) Clarification.--In this Act, the terms ``Assistant
Secretary'' and ``Under Secretary'' shall include individuals
appointed by the President and confirmed by the Senate to serve
in such designated positions, as well as individuals serving in
acting capacities or performing functions pursuant to alter ego
delegations with such designated ``Assistant Secretary'' and
``Under Secretary'' positions.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading partners
of the United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that do
comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines and
certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in
[[Page 900]]
the region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) Waiver.--The President may waive subsection (a) if the President
determines that it is important to the national security interest of the
United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the Palestinian
Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and Jericho
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles, for the
purpose of conducting official United States Government business with
such authority should continue to take place in locations other than
Jerusalem: Provided further, That as has been true in the past,
officers and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians (including those
who now occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
[[Page 901]]
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2018, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to appropriate
United States financial information in order to review the uses of
United States assistance for the Program funded under the heading
``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that have
as a principal officer of the entity's governing board or governing
board of trustees any individual that has been determined to be involved
in, or advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization: Provided, That the Secretary
of State shall, as appropriate, establish procedures specifying the
steps to be taken in carrying out this subsection and shall terminate
assistance to any individual, entity, or educational institution which
the Secretary has determined to be involved in or advocating terrorist
activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of
terrorism; and
(B) any educational institution located in the West
Bank or Gaza that is named after an individual who the
Secretary of State determines has committed an act of
terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports on
the extent of Palestinian compliance with such benchmarks.
[[Page 902]]
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,000,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2018 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
(g) Report.--Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter
2 of title II of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13).
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for
[[Page 903]]
the waiver, the purposes for which the funds will be spent, and the
accounting procedures in place to ensure that the funds are properly
disbursed: Provided, That the report shall also detail the steps the
Palestinian Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas
is a member, or that results from an agreement with Hamas and
over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only if
the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with
respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a full
accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be
[[Page 904]]
made available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection and
section 620M of the Foreign Assistance Act of 1961, and may only
be made available for assistance for the Government of Egypt if
the Secretary of State certifies and reports to the Committees
on Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', up to
$112,500,000 may be made available for assistance for
Egypt, of which not less than $35,000,000 should be made
available for higher education programs including not
less than $10,000,000 for scholarships for Egyptian
students with high financial need to attend not-for-
profit institutions of higher education: Provided, That
such funds shall be made available for democracy
programs, and for development programs in the Sinai:
Provided further, That such funds may not be made
available for cash transfer assistance or budget support
unless the Secretary of State certifies and reports to
the appropriate congressional committees that the
Government of Egypt is taking consistent and effective
steps to stabilize the economy and implement market-
based economic reforms.
(B) Withholding.--The Secretary of State shall
withhold from obligation funds appropriated by this Act
under the heading ``Economic Support Fund'' for
assistance for Egypt, an amount of such funds that the
Secretary determines to be equivalent to that expended
by the United States Government for bail, and by
nongovernmental organizations for legal and court fees,
associated with democracy-related trials in Egypt until
the Secretary certifies and reports to the Committees on
Appropriations that the Government of Egypt has
dismissed the convictions issued by the Cairo Criminal
Court on June 4, 2013, in ``Public Prosecution Case No.
1110 for the Year 2012''.
(C) Limitation.--None of the funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs under the heading ``Economic Support Fund'' may
be made available for a contribution, voluntary or
otherwise, to the ``Civil Associations and Foundations
Support Fund'', or any similar fund, established
pursuant to Law 70 on Associations and Other Foundations
Working in the Field of Civil Work published in the
Official Gazette of Egypt on May 29, 2017.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'', up to $1,300,000,000, to remain available
until September 30, 2019, may be made available for
assistance for Egypt: Provided, That such funds may be
transferred to an interest bearing account in the
Federal Reserve Bank of New York, following consultation
with the Committees
[[Page 905]]
on Appropriations: Provided further, That $300,000,000
of such funds shall be withheld from obligation until
the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of
Egypt is taking sustained and effective steps to--
(i) advance democracy and human rights in
Egypt, including to govern democratically and
protect religious minorities and the rights of
women, which are in addition to steps taken during
the previous calendar year for such purposes;
(ii) implement reforms that protect freedoms
of expression, association, and peaceful assembly,
including the ability of civil society
organizations, human rights defenders, and the
media to function without interference;
(iii) release political prisoners and provide
detainees with due process of law;
(iv) hold Egyptian security forces
accountable, including officers credibly alleged
to have violated human rights;
(v) investigate and prosecute cases of
extrajudicial killings and forced disappearances;
and
(vi) provide regular access for United States
officials to monitor such assistance in areas
where the assistance is used:
Provided further, That the certification requirement
of this paragraph shall not apply to funds appropriated
by this Act under such heading for counterterrorism,
border security, and nonproliferation programs for
Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the
Secretary determines and reports to the Committees on
Appropriations that to do so is important to the
national security interest of the United States, and
submits a report to such Committees containing a
detailed justification for the use of such waiver and
the reasons why any of the requirements of subparagraph
(A) cannot be met, and including an assessment of the
compliance of the Government of Egypt with United
Nations Security Council Resolution 2270 and other such
resolutions regarding North Korea: Provided, That the
report required by this paragraph shall be submitted in
unclassified form, but may be accompanied by a
classified annex.
(4) Oversight requirement.--The Secretary of State shall
take all practicable steps to ensure that mechanisms are in
place for monitoring, oversight, and control of funds made
available by this subsection for assistance for Egypt.
(5) Consultation requirement.--Not later than 90 days after
enactment of this Act, the Secretary of State shall consult with
the Committees on Appropriations on any plan to restructure
military assistance for Egypt.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'', ``Economic
Support Fund'', and ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'' shall be used by the Secretary of State--
[[Page 906]]
(A) to support the United States policy to prevent
Iran from achieving the capability to produce or
otherwise obtain a nuclear weapon;
(B) to support an expeditious response to any
violation of the Joint Comprehensive Plan of Action or
United Nations Security Council Resolution 2231;
(C) to support the implementation and enforcement of
sanctions against Iran for support of terrorism, human
rights abuses, and ballistic missile and weapons
proliferation; and
(D) for democracy programs for Iran, to be
administered by the Assistant Secretary for Near Eastern
Affairs, Department of State, in consultation with the
Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State.
(2) Continuation of prohibition.--The terms and conditions
of section 7041(c)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74) shall continue in effect
during fiscal year 2018.
(3) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135 of the Atomic
Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as added by
section 2 of the Iran Nuclear Agreement Review Act of
2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days after
the date of enactment of this Act, the Secretary of
State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report on the status of the implementation
and enforcement of bilateral United States and
multilateral sanctions against Iran and actions taken by
the United States and the international community to
enforce such sanctions against Iran: Provided, That the
report shall also include any entities involved in
providing significant support for the development of a
ballistic missile by the Government of Iran after
October 1, 2015, including shipping and financing, and
note whether such entities are currently under United
States sanctions: Provided further, That such report
shall be submitted in an unclassified form, but may
contain a classified annex if necessary.
(c) Iraq.--
(1) Purposes.--Funds appropriated by this Act shall be made
available for assistance for Iraq to promote governance and
security, and for stabilization programs, including in the
Kurdistan Region of Iraq and other areas impacted by the
conflict in Syria, and among religious and ethnic minority
populations in Iraq: Provided, That such assistance shall be
provided in accordance with the Constitution of Iraq: Provided
further, That funds appropriated by this Act under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' should be made available for assistance for
the Kurdistan Region of Iraq to address the needs of internally
[[Page 907]]
displaced persons and refugees: Provided further, That the
Secretary of State shall consult with the Committees on
Appropriations prior to obligating funds made available for the
Kurdistan Region of Iraq.
(2) Basing rights agreement.--None of the funds appropriated
or otherwise made available by this Act may be used by the
Government of the United States to enter into a permanent basing
rights agreement between the United States and Iraq.
(d) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,525,000,000 shall be made available for
assistance for Jordan, of which: not less than $1,082,400,000 shall be
made available under the heading ``Economic Support Fund'', of which not
less than $745,100,000 shall be made available for budget support for
the Government of Jordan; and not less than $425,000,000 shall be made
available under the heading ``Foreign Military Financing Program''.
(e) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for the Lebanese Internal Security Forces
(ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF
is controlled by a foreign terrorist organization, as designated
pursuant to section 219 of the Immigration and Nationality Act
(8 U.S.C. 1189).
(2) Consultation.--Funds appropriated by this Act under the
headings ``International Narcotics Control and Law Enforcement''
and ``Foreign Military Financing Program'' that are available
for assistance for Lebanon may be made available for programs
and equipment for the ISF and the LAF to address security and
stability requirements in areas affected by the conflict in
Syria, following consultation with the appropriate congressional
committees.
(3) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are available
for assistance for Lebanon may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(4) Foreign military financing program.--In addition to the
activities described in paragraph (2), funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' for assistance for Lebanon may be made available only
to professionalize the LAF and to strengthen border security and
combat terrorism, including training and equipping the LAF to
secure Lebanon's borders, interdicting arms shipments,
preventing the use of Lebanon as a safe haven for terrorist
groups, and to implement United Nations Security Council
Resolution 1701: Provided, That funds may not be obligated for
assistance for the LAF until the Secretary of State submits to
the Committees on Appropriations a spend plan, including actions
to be taken to ensure equipment provided to the LAF is only used
for the intended purposes, except such plan may not be
considered as meeting the notification requirements under
section 7015 of this Act or under section 634A of the Foreign
Assistance Act of 1961, and shall be submitted not later than
September 1, 2018: Provided further, That any notification
submitted pursuant to such sections shall
[[Page 908]]
include any funds specifically intended for lethal military
equipment.
(f) Libya.--
(1) Funding.--Funds appropriated by titles III and IV of
this Act shall be made available for assistance for Libya for
programs to strengthen governing institutions and civil society,
improve border security, and promote stability in Libya, and for
activities to address the humanitarian needs of the people of
Libya: Provided, That section 7015(j) of this Act regarding
notification of assistance diverted or destroyed shall apply to
funds made available for assistance for Libya.
(2) Limitations.--
(A) Cooperation on the september 2012 attack on
united states personnel and facilities.--None of the
funds appropriated by this Act may be made available for
assistance for the central Government of Libya unless
the Secretary of State certifies and reports to the
Committees on Appropriations that such government is
cooperating with United States Government efforts to
investigate and bring to justice those responsible for
the attack on United States personnel and facilities in
Benghazi, Libya in September 2012: Provided, That the
limitation in this paragraph shall not apply to funds
made available for the purpose of protecting United
States Government personnel or facilities.
(B) Infrastructure projects.--The limitation on the
uses of funds in section 7041(f)(2) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-
76) shall apply to funds appropriated by this Act that
are made available for assistance for Libya.
(3) Certification.--Prior to the initial obligation of funds
made available by this Act for assistance for Libya, the
Secretary of State shall certify and report to the Committees on
Appropriations that all practicable steps have been taken to
ensure that mechanisms are in place for monitoring, oversight,
and control of funds made available by this subsection for
assistance for Libya.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara: Provided, That not later
than 90 days after enactment of this Act and prior to the
obligation of such funds, the Secretary of State, in
consultation with the USAID Administrator, shall consult with
the Committees on Appropriations on the proposed uses of such
funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may only
be used for the purposes requested in the Congressional Budget
Justification, Foreign Operations, Fiscal Year 2017.
(h) Refugee Assistance in North Africa.--Not later than 45 days
after enactment of this Act, the Secretary of State, after consultation
with the United Nations High Commissioner for Refugees and the Executive
Director of the World Food Programme, shall submit a report to the
Committees on Appropriations
[[Page 909]]
describing steps taken to strengthen monitoring of the delivery of
humanitarian assistance provided for refugees in North Africa, including
any steps taken to ensure that all vulnerable refugees are receiving
such assistance.
(i) North Africa Strategy.--Not later than 60 days after enactment
of this Act, the Secretary of State, in consultation with the Secretary
of Defense, shall submit to the appropriate congressional committees a
strategy for United States engagement in North Africa, which shall
include detailed information on how diplomatic engagement and assistance
will be prioritized for such region, including to address economic and
security needs.
(j) Relief and Recovery Fund.--
(1) Funds and transfer authority.--Of the funds appropriated
by this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Peacekeeping Operations'', and ``Foreign Military
Financing Program'', not less than $500,000,000 shall be made
available for the Relief and Recovery Fund for assistance for
areas liberated from, at risk from, or under the control of, the
Islamic State of Iraq and Syria, other terrorist organizations,
or violent extremist organizations in the Middle East and
Africa, including for stabilization assistance for vulnerable
ethnic and religious minority communities affected by conflict:
Provided, That such funds are in addition to amounts otherwise
made available for such purposes and to amounts specifically
designated in this Act or in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act) for assistance for countries: Provided
further, That such funds appropriated under such headings may be
transferred to, and merged with, funds appropriated under such
headings: Provided further, That such transfer authority is in
addition to any other transfer authority provided by this Act or
any other Act, and is subject to the regular notification
procedures of the Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by this
Act under the heading ``International Narcotics Control and Law
Enforcement'' that are made available for the Relief and
Recovery Fund, not less than $5,000,000 shall be made available
for programs to promote accountability in Iraq and Syria for
genocide, crimes against humanity, and war crimes, which shall
be in addition to any other funds made available by this Act for
such purposes: Provided, That such programs shall include
components to develop local investigative and judicial skills,
and to collect and preserve evidence and maintain the chain of
custody of evidence, including for use in prosecutions:
Provided further, That such funds shall be administered by the
Special Coordinator for the Office of Global Criminal Justice,
Department of State: Provided further, That funds made
available by this paragraph shall only be made available on an
open and competitive basis.
(3) Cost-matching basis.--Funds appropriated pursuant to
paragraph (1) shall be made available to the maximum extent
practicable on a cost-matching basis from sources other than the
United States Government.
(k) Syria.--
[[Page 910]]
(1) Non-lethal assistance.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Peacekeeping
Operations'' shall be made available, to the extent practicable
and notwithstanding any other provision of law, for non-lethal
assistance to address the needs of civilians affected by
conflict in Syria, and programs that seek to--
(A) establish local governance in Syria that is
representative, inclusive, and accountable;
(B) empower women through political and economic
programs, and address the psychosocial needs of women
and their families in Syria and neighboring countries;
(C) develop and implement political processes that
are democratic, transparent, and strengthen the rule of
law;
(D) further the legitimacy and viability of the
Syrian opposition, including local government structures
in Syria and through cross-border programs;
(E) develop and sustain civil society and
independent media in Syria;
(F) promote stability and economic development in
Syria;
(G) document, investigate, and prosecute human
rights violations in Syria, including through
transitional justice programs and support for
nongovernmental organizations;
(H) expand the role of women in negotiations to end
the violence and in any political transition in Syria;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher
education requirements at universities and other
academic institutions in the region, and through
distance learning;
(J) assist vulnerable populations in Syria and in
neighboring countries;
(K) protect and preserve the cultural identity of
the people of Syria as a counterbalance to extremism,
particularly those living in neighboring countries and
among youth;
(L) protect and preserve cultural heritage sites in
Syria, particularly those damaged and destroyed by
extremists;
(M) counter extremism in Syria; and
(N) facilitate the return of displaced persons to
liberated areas in Syria.
(2) Demining and unexploded ordnance clearance.--Funds
appropriated by this Act under the heading ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'' for assistance
for Syria shall be made available for demining and unexploded
ordnance clearance programs.
(3) Strategy and syrian organizations.--Funds appropriated
by this Act that are made available for assistance for Syria
pursuant to the authority of this subsection--
(A) may only be made available after the Secretary
of State, in consultation with the heads of relevant
United States Government agencies, submits, in
classified form if necessary, an update to the
comprehensive strategy required in section 7041(i)(3) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public
Law 113-76); and
[[Page 911]]
(B) shall be made available, on an open and
competitive basis, to continue a program to strengthen
the capability of Syrian civil society organizations to
address the immediate and long-term needs of the Syrian
people in Syria in a manner that supports the
sustainability of such organizations in implementing
Syrian-led humanitarian and development programs:
Provided, That funds made available by this paragraph
shall be administered by the Bureau for Democracy, Human
Rights, and Labor, Department of State.
(4) Limitation.--None of the funds appropriated by this Act
for assistance for Syria may be made available for a project or
activity that supports or otherwise legitimizes the Government
of Iran, foreign terrorist organizations (as designated pursuant
to section 219 of the Immigration and Nationality Act (8 U.S.C.
1189)), or a proxy of Iran in Syria.
(5) Monitoring, oversight, consultation, and notification.--
(A) Prior to the obligation of funds appropriated by
this Act and made available for assistance for Syria,
the Secretary of State shall take all practicable steps
to ensure that mechanisms are in place for monitoring,
oversight, and control of such assistance inside Syria.
(B) Section 7015(j) of this Act regarding the
notification of assistance diverted or destroyed shall
apply to funds made available for assistance for Syria.
(C) Funds made available pursuant to this subsection
may only be made available following consultation with
the appropriate congressional committees, and shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(l) Tunisia.--Of the funds appropriated under titles III and IV of
this Act, not less than $165,400,000 shall be made available for
assistance for Tunisia.
(m) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same standing
as member states or full membership as a state in
the United Nations or any specialized agency
thereof outside an agreement negotiated between
Israel and the Palestinians; or
[[Page 912]]
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support such
an investigation, that subjects Israeli nationals
to an investigation for alleged crimes against
Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph resulting
from the application of subclause (I) of such clause if
the Secretary certifies to the Committees on
Appropriations that to do so is in the national security
interest of the United States, and submits a report to
such Committees detailing how the waiver and the
continuation of assistance would assist in furthering
Middle East peace.
(B)(i) The President may waive the provisions of
section 1003 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204) if the
President determines and certifies in writing to the
Speaker of the House of Representatives, the President
pro tempore of the Senate, and the appropriate
congressional committees that the Palestinians have not,
after the date of enactment of this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel and
the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for
alleged crimes against Palestinians.
(ii) Not less than 90 days after the President is
unable to make the certification pursuant to clause (i)
of this subparagraph, the President may waive section
1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of
the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under
the preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph shall
be effective for no more than a period of 6 months at a
time and shall not apply beyond 12 months after the
enactment of this Act.
(3) Reduction.--The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ``Economic Support Fund'' for the Palestinian Authority
by an amount the Secretary determines is equivalent to the
amount expended by the Palestinian Authority, the Palestine
Liberation Organization, and any successor or affiliated
organizations with such entities as payments for acts of
terrorism by individuals who are imprisoned after being fairly
tried and convicted for acts of terrorism and by individuals who
died committing acts of terrorism during the previous calendar
year: Provided, That the Secretary shall report to
[[Page 913]]
the Committees on Appropriations on the amount reduced for
fiscal year 2018 prior to the obligation of funds for the
Palestinian Authority.
(4) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(5) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter incitement
of violence against Israelis and to promote peace and
coexistence with Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only for
Expanded International Military Education and Training and professional
military education until the Secretary of State determines and reports
to the Committees on Appropriations that such government is not
facilitating or otherwise participating in destabilizing activities in a
neighboring country, including aiding and abetting armed groups.
(b) Boko Haram.--Funds appropriated by this Act that are made
available for assistance for Cameroon, Chad, Niger, and Nigeria--
(1) shall be made available for assistance for women and
girls who are targeted by the terrorist organization Boko Haram,
consistent with the provisions of section 7059 of this Act, and
for individuals displaced by Boko Haram violence; and
(2) may be made available for counterterrorism programs to
combat Boko Haram.
(c) Central African Republic.--Funds made available by this Act for
assistance for the Central African Republic shall be made available for
reconciliation and peacebuilding programs, including activities to
promote inter-faith dialogue at the national and local levels, and for
programs to prevent crimes against humanity.
(d) Ethiopia.--
(1) Forced evictions.--
(A) Funds appropriated by this Act for assistance
for Ethiopia may not be made available for any activity
that supports forced evictions.
(B) The Secretary of the Treasury should instruct
the United States executive director of each
international financial institution to use the voice and
vote of the United States to support projects in
Ethiopia only if such projects are developed and carried
out in accordance with the requirements of section
7029(b)(2) of this Act.
(2) Consultation.--Programs and activities to improve
livelihoods shall include prior consultation with, and the
participation of, affected communities, including in the South
Omo and Gambella regions.
[[Page 914]]
(3) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations the report under this subsection in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(e) Lake Chad Basin Countries.--Funds appropriated by this Act that
are made available for assistance for Cameroon, Chad, Niger, and Nigeria
should be made available, following consultation with the Committees on
Appropriations, for--
(1) democracy programs, including to protect freedom of
expression, association, assembly, and religion, including
support for independent journalists, civil society, and
democratic political parties;
(2) assistance for governments of such countries to
strengthen accountability and the rule of law, including within
the security forces; and
(3) health and development programs.
(f) Lord's Resistance Army.--Funds appropriated by this Act shall be
made available for programs and activities in areas affected by the
Lord's Resistance Army (LRA) consistent with the goals of the Lord's
Resistance Army Disarmament and Northern Uganda Recovery Act of 2009
(Public Law 111-172), including to improve physical access,
telecommunications infrastructure, and early-warning mechanisms and to
support the disarmament, demobilization, and reintegration of former LRA
combatants, especially child soldiers.
(g) Malawi.--Of the funds appropriated by this Act under the heading
``Development Assistance'', not less than $56,000,000 shall be made
available for assistance for Malawi, of which up to $10,000,000 shall be
made available for higher education programs.
(h) South Sudan.--
(1) Strategy update.--Not later than 60 days after enactment
of this Act, the Secretary of State, in consultation with the
USAID Administrator, shall submit an update to the strategy
required in section 7042(i) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31).
(2) Certification.--None of the funds appropriated by this
Act that are available for assistance for the central Government
of South Sudan may be made available until the Secretary of
State certifies and reports to the Committees on Appropriations
that such government is taking effective steps to--
(A) end hostilities and pursue good faith
negotiations for a political settlement of the conflict;
(B) provide access for humanitarian organizations;
(C) end the recruitment and use of child soldiers;
(D) protect freedoms of expression, association, and
assembly;
(E) reduce corruption related to the extraction and
sale of oil and gas;
(F) establish democratic institutions;
(G) establish accountable military and police forces
under civilian authority; and
(H) investigate and prosecute individuals credibly
alleged to have committed gross violations of human
rights,
[[Page 915]]
including at the Terrain compound in Juba, South Sudan
on July 11, 2016.
(3) Exclusions.--The limitation of paragraph (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance to support South Sudan peace
negotiations or to advance or implement a peace
agreement; and
(C) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement
and mutual arrangements related to such Agreement.
(4) Consultation.--Prior to the initial obligation of funds
made available for the central Government of South Sudan
pursuant to paragraphs (3)(B) and (C), the Secretary of State
shall consult with the Committees on Appropriations on the
intended uses of such funds, steps taken by such government to
advance or implement a peace agreement, and progress made by the
Government of South Sudan in meeting the requirements in
paragraph (2).
(i) Sudan.--
(1) Limitations.--
(A) Assistance.--Notwithstanding any other provision
of law, none of the funds appropriated by this Act may
be made available for assistance for the Government of
Sudan.
(B) Loans.--None of the funds appropriated by this
Act may be made available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the
Government of Sudan, including the cost of selling,
reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees,
and credit agreements.
(2) Exclusions.--The limitations of paragraph (1) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern
Kordofan State, Blue Nile State, other marginalized
areas and populations in Sudan, and Abyei; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement,
mutual arrangements related to post-referendum issues
associated with such Agreement, or any other
internationally recognized viable peace agreement in
Sudan.
(j) Zimbabwe.--
(1) <> Instruction.--The Secretary
of the Treasury shall instruct the United States executive
director of each international financial institution to vote
against any extension by the respective institution of any loan
or grant to the Government of Zimbabwe, except to meet basic
human needs or to promote democracy, unless the Secretary of
State certifies and reports to the Committees on Appropriations
that the rule of law has been restored, including respect for
ownership and title to property, and freedoms of expression,
association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
[[Page 916]]
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1), and funds may be made available for macroeconomic
growth assistance if the Secretary reports to the Committees on
Appropriations that such government is implementing transparent
fiscal policies, including public disclosure of revenues from
the extraction of natural resources.
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) Economic support fund.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' for
assistance for Burma may be made available
notwithstanding any other provision of law, except for
this subsection, and following consultation with the
appropriate congressional committees.
(B) Uses.--Funds appropriated under title III of
this Act for assistance for Burma--
(i) shall be made available to strengthen
civil society organizations in Burma and for
programs to strengthen independent media;
(ii) shall be made available for community-
based organizations operating in Thailand to
provide food, medical, and other humanitarian
assistance to internally displaced persons in
eastern Burma, in addition to assistance for
Burmese refugees from funds appropriated by this
Act under the heading ``Migration and Refugee
Assistance'';
(iii) shall be made available for programs to
promote ethnic and religious tolerance and to
combat gender-based violence, including in
Rakhine, Shan, Kachin, and Karen states;
(iv) shall be made available to promote rural
economic development in Burma, including through
microfinance programs;
(v) shall be made available to increase
opportunities for foreign direct investment by
strengthening the rule of law, transparency, and
accountability;
(vi) shall be made available for programs to
investigate and document allegations of ethnic
cleansing and other gross violations of human
rights committed against the Rohingya people in
Rakhine state at not less than the amount
specified for such programs in the table under
this subsection in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act): Provided,
That such funds shall be made available for civil
society organizations in Bangladesh and Burma for
such purposes: Provided further, That prior to
the obligation of such funds, the Assistant
Secretary for Democracy, Human Rights, and Labor,
Department of State, shall ensure the
establishment of a standard documentation format
and documentation procedures for use by such
organizations, and shall identify an appropriate
repository for such information: Provided
further, That such
[[Page 917]]
sums shall be in addition to funds otherwise made
available for such purposes;
(vii) shall be made available for programs to
investigate and document allegations of gross
violations of human rights committed in Burma,
particularly in areas of conflict: Provided, That
such funds shall be made available for civil
society and international organizations, including
those in countries bordering Burma, at not less
than the amount specified for such programs in the
table under this subsection in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(viii) shall be made available to support the
implementation of the August 2017 Final Report of
the Advisory Commission on Rakhine State entitled
``Towards a Peaceful, Fair and Prosperous Future
for the People of Rakhine'';
(ix) may not be made available to any
individual or organization if the Secretary of
State has credible information that such
individual or organization has committed a gross
violation of human rights, including against
Rohingya and other minority groups, or that
advocates violence against ethnic or religious
groups or individuals in Burma;
(x) may not be made available to any
organization or entity controlled by the armed
forces of Burma;
(xi) may be made available for ethnic groups
and civil society in Burma to help sustain
ceasefire agreements and further prospects for
reconciliation and peace, which may include
support to representatives of ethnic armed groups
for this purpose; and
(xii) may only be made available for programs
to support the return of Rohingya, Karen, and
other refugees and internally displaced persons to
their locations of origin or preference in Burma
if such returns are voluntary and consistent with
international law.
(C) Regional programs.--Funds appropriated under
title III of this Act shall be made available for
regional programs to address violent extremism, which
shall be administered by the Mission Director of the
Regional Development Mission for Asia, USAID.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That the Department of State may continue
consultations with the armed forces of Burma only on human
rights and disaster response in a manner consistent with the
prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) Multilateral assistance.--The Secretary of the Treasury
should instruct the United States executive director of each
international financial institution to use the voice and vote of
the United States to support projects in Burma only if such
projects are developed and carried out in accordance with the
requirements of section 7029(b)(2) of this Act.
(4) Certification and waiver.--
[[Page 918]]
(A) Notwithstanding any provision of this
subsection, of the funds appropriated by this Act under
the heading ``Economic Support Fund'' that are made
available for assistance for Burma, 15 percent may not
be obligated until the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Burma--
(i) has terminated military cooperation with
North Korea;
(ii) is respecting human rights and the rule
of law, including the arrest and prosecution of
journalists and two Kachin pastors in December
2016;
(iii) is revising, updating, or repealing
colonial-era and other oppressive laws that are
used in such prosecutions, including the Unlawful
Associations Act; and
(iv) is credibly investigating the murder of U
Ko Ni, and is taking steps to protect and defend
the security and safety of other activists.
(B) The Secretary of State may waive the
requirements of this paragraph if the Secretary
determines and reports to the Committees on
Appropriations that do so is in the national interest.
(5) Programs, position, and responsibilities.--
(A) Any new program or activity in Burma initiated
in fiscal year 2018 shall be subject to prior
consultation with the appropriate congressional
committees.
(B) Section 7043(b)(7) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2015 (division J of Public Law 113-235) shall
continue in effect during fiscal year 2018.
(C) The United States Chief of Mission in Burma, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State, shall be
responsible for democracy and human rights programs in
Burma.
(b) Cambodia.--
(1) Assistance.--
(A) None of the funds appropriated by this Act that
are made available for assistance for the Government of
Cambodia may be obligated or expended unless the
Secretary of State certifies and reports to the
Committees on Appropriations that such Government is
taking effective steps to--
(i) strengthen regional security and
stability, particularly regarding territorial
disputes in the South China Sea and the
enforcement of international sanctions with
respect to North Korea; and
(ii) respect the rights and responsibilities
enshrined in the Constitution of the Kingdom of
Cambodia as enacted in 1993, including through
the--
(I) restoration of the civil and
political rights of the opposition
Cambodia National Rescue Party, media,
and civil society organizations;
(II) restoration of all elected
officials to their elected offices; and
[[Page 919]]
(III) release of all political
prisoners, including journalists, civil
society activists, and members of the
opposition political party.
(B) Funds appropriated under title III of this Act
for assistance for Cambodia shall be made available
for--
(i) democracy programs, including research and
education programs associated with the Khmer Rouge
in Cambodia, except that no funds for such
purposes may be made available to the
Extraordinary Chambers in the Court of Cambodia;
and
(ii) programs in the Khmer language to counter
the influence of the People's Republic of China in
Cambodia.
(2) Visa restriction.--Funds appropriated under title I of
this Act shall be made available to continue to implement the
policy announced by the Department of State on December 6, 2017,
to restrict the issuance of visas to enter the United States to
individuals involved in undermining democracy in Cambodia,
including the family members of such individuals, as
appropriate: Provided, That not later than 30 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees describing
the implementation of such policy.
(c) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this
Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for assistance for the central government of a country
the Secretary of State determines and reports to the appropriate
congressional committees engages in significant transactions
contributing materially to the malicious cyber-intrusion
capabilities of the Government of North Korea: Provided, That
the Secretary of State shall submit the report required by
section 209 of the North Korea Sanctions and Policy Enhancement
Act of 2016 (Public Law 114-122; 22 U.S.C. 9229), as amended, to
the Committees on Appropriations in the manner described in
subparagraph (2)(A) of such section: Provided further, That the
Secretary of State may waive the application of the restriction
in this paragraph with respect to assistance for the central
government of a country if the Secretary determines and reports
to the appropriate congressional committees that to do so is
important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(3) Refugees.--Funds appropriated by this Act under the
heading ``Migration and Refugee Assistance'' should be made
available for assistance for refugees from North Korea,
including protection activities in the People's Republic of
China and other countries in Asia.
(4) Human rights promotion, database, and limitation on use
of funds.--
(A) Human rights promotion.--Of the funds
appropriated by this Act under the headings ``Economic
Support
[[Page 920]]
Fund'' and ``Democracy Fund'', not less than $8,000,000
shall be made available for the promotion of human
rights in North Korea: Provided, That such funds shall
be administered by the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State:
Provided further, That the authority of section 7032(b)
of this Act shall apply to such funds.
(B) Database.--Funds appropriated by this Act under
title III shall be made available to maintain a database
of prisons and gulags in North Korea, in accordance with
section 7032(i) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76).
(C) Limitation.--None of the funds made available by
this Act under the heading ``Economic Support Fund'' may
be made available for assistance for the Government of
North Korea.
(d) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic and Consular
Programs'' in this Act may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China (PRC) unless, at
least 15 days in advance, the Committees on Appropriations are
notified of such proposed action.
(2) People's liberation army.--The terms and requirements of
section 620(h) of the Foreign Assistance Act of 1961 shall apply
to foreign assistance projects or activities of the People's
Liberation Army (PLA) of the PRC, to include such projects or
activities by any entity that is owned or controlled by, or an
affiliate of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act
may be used to finance any grant, contract, or cooperative
agreement with the PLA, or any entity that the Secretary of
State has reason to believe is owned or controlled by, or an
affiliate of, the PLA.
(3) Counter influence programs.--Funds appropriated by this
Act for public diplomacy under title I and for assistance under
titles III and IV shall be made available to counter the
influence of the PRC, in accordance with the strategy required
by section 7043(e)(3) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76), following consultation with
the Committees on Appropriations.
(4) Authority and notification requirement.--
(A) Authority.--The uses of funds made available by
this Act for the promotion of democracy in the PRC,
except for funds made available under subsection (f),
shall be the responsibility of the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of
State.
(B) Notification.--Funds appropriated by this Act
that are made available for trilateral programs
conducted with the PRC shall be subject to the regular
notification procedures of the Committees on
Appropriations.
(e) Philippines.--Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement''
[[Page 921]]
may be made available for counternarcotics assistance for the Philippine
National Police only if the Secretary of State determines and reports to
the Committees on Appropriations that the Government of the Philippines
has adopted and is implementing a counternarcotics strategy that is
consistent with international human rights standards, including
investigating and prosecuting individuals who are credibly alleged to
have ordered, committed, or covered up extrajudicial killings and other
gross violations of human rights in the conduct of counternarcotics
operations: Provided, That the limitation of this paragraph shall not
apply to funds made available for drug demand reduction or maritime
programs, or to support for the development of such counternarcotics
strategy following consultation with the appropriate congressional
committees.
(f) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director of
each international financial institution to use the voice and
vote of the United States to support financing of projects in
Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and natural
resources to non-Tibetans, are based on a thorough needs-
assessment, foster self-sufficiency of the Tibetan people and
respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Programs for tibetan communities.--
(A) Tibet autonomous region.--Notwithstanding any
other provision of law, of the funds appropriated by
this Act under the heading ``Economic Support Fund'',
not less than $8,000,000 shall be made available to
nongovernmental organizations to support activities
which preserve cultural traditions and promote
sustainable development, education, and environmental
conservation in Tibetan communities in the Tibet
Autonomous Region and in other Tibetan communities in
China.
(B) India and nepal.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'',
not less than $6,000,000 shall be made available for
programs to promote and preserve Tibetan culture,
development, and the resilience of Tibetan communities
in India and Nepal, and to assist in the education and
development of the next generation of Tibetan leaders
from such communities: Provided, That such funds are in
addition to amounts made available in subparagraph (A)
for programs inside Tibet.
(C) Tibetan governance.--Of the funds appropriated
by this Act under the heading ``Economic Support Fund'',
not less than $3,000,000 shall be made available for
programs to strengthen the capacity of Tibetan
institutions and governance.
(g) Vietnam.--
(1) Dioxin remediation.--Notwithstanding any other provision
of law, of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be
made available for activities related to the remediation of
dioxin contaminated sites in Vietnam and may be made available
for assistance for the Government of Vietnam, including the
military, for such purposes.
[[Page 922]]
(2) Health and disability programs.--Of the funds
appropriated by this Act under the heading ``Development
Assistance'', not less than $10,000,000 shall be made available
for health and disability programs in areas sprayed with Agent
Orange and otherwise contaminated with dioxin, to assist
individuals with severe upper or lower body mobility impairment
or cognitive or developmental disabilities.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Assistance and conditions.--
(A) Funding and limitations.--Funds appropriated by
this Act under the headings ``Economic Support Fund''
and ``International Narcotics Control and Law
Enforcement'' may be made available for assistance for
Afghanistan: Provided, That such funds may not be
obligated for any project or activity that--
(i) includes the participation of any Afghan
individual or organization, including government
entity, if the Secretary of State has credible
information that such individual, organization, or
entity is involved in corrupt practices, illicit
narcotics production or trafficking, or a
violation of human rights;
(ii) cannot be sustained, as appropriate, by
the Government of Afghanistan or another Afghan
entity;
(iii) is not regularly accessible for the
purposes of conducting effective oversight in
accordance with applicable Federal statutes and
regulations;
(iv) initiates any new, major infrastructure
development; or
(v) is conducted in areas where project and
resource disbursement monitoring cannot be
performed, unless the Secretary of State, in
consultation with the Administrator of the United
States Agency for International Development,
certifies to the Committees on Appropriations that
to do so is in the national security interest of
the United States, and submits a report to such
Committees describing such interest, including how
such project or activity does not legitimize the
Taliban or other extremist organizations.
(B) Certification and report.--Prior to the initial
obligation of funds made available by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' for assistance
for the central Government of Afghanistan, the Secretary
of State shall certify and report to the Committees on
Appropriations, after consultation with the Government
of Afghanistan, that--
(i) goals and benchmarks for the specific uses
of such funds have been established by the
Governments of the United States and Afghanistan;
(ii) conditions are in place that increase the
transparency and accountability of the Government
of Afghanistan for funds obligated under the New
Development Partnership or other incentive-based
programs;
[[Page 923]]
(iii) the Government of Afghanistan is
implementing laws and policies to govern
democratically and protect the rights of
individuals, civil society, and the media;
(iv) the Government of Afghanistan is taking
consistent steps to protect and advance the rights
of women and girls in Afghanistan;
(v) the Government of Afghanistan is
effectively implementing a whole-of-government,
anti-corruption strategy that has been endorsed by
the High Council on Rule of Law and Anti-
Corruption, as agreed to at the Brussels
Conference on Afghanistan in October 2016, and is
prosecuting individuals alleged to be involved in
corrupt or illegal activities in Afghanistan;
(vi) monitoring and oversight frameworks for
programs implemented with such funds are in
accordance with all applicable audit policies of
the Department of State and USAID, including in
areas under the control of the Taliban or other
extremist organizations;
(vii) the necessary policies and procedures
are in place to ensure Government of Afghanistan
compliance with section 7013 of this Act,
``Prohibition on Taxation of United States
Assistance''; and
(viii) the Government of Afghanistan is
publicly reporting its national budget, including
revenues and expenditures.
(C) Waiver.--The Secretary of State may waive the
certification requirement of subparagraph (B) if the
Secretary determines that to do so is important to the
national security interest of the United States and the
Secretary submits a report to the Committees on
Appropriations, in classified form if necessary, on the
justification for the waiver and the reasons why any of
the requirements of subparagraph (B) cannot be met.
(D) Programs.--Funds appropriated by this Act that
are made available for assistance for Afghanistan shall
be made available--
(i) for programs that protect and strengthen
the rights of women and girls and promote the
political and economic empowerment of women,
including their meaningful inclusion in political
processes: Provided, That such assistance to
promote economic empowerment of women shall be
made available as grants to Afghan organizations,
to the maximum extent practicable;
(ii) for programs in South and Central Asia to
expand linkages between Afghanistan and countries
in the region; and
(iii) to assist the Government of Afghanistan
to develop transparent budgetary processes,
including executing a consistently applied system
of legitimate revenue generation and expenditure.
(E) Taxation.--None of the funds appropriated by
this Act for assistance for Afghanistan may be made
available for direct government-to-government assistance
unless the Secretary of State certifies and reports to
the Committees on Appropriations that--
[[Page 924]]
(i) the United States Government and the
Government of Afghanistan have in place the
agreements necessary to ensure compliance with the
principles set forth in section 7013 of this Act;
and
(ii) United States companies and organizations
that are implementing United States assistance
programs in Afghanistan in a manner consistent
with United States laws and regulations are not
subjected by the Government of Afghanistan to
taxes or other fees in contravention of the
agreements referenced in clause (i), and are not
subjected to retaliation by the Government of
Afghanistan for the nonpayment of such taxes or
fees imposed in the past: Provided, That not
later than 90 days after enactment of this Act,
the Secretary of State shall submit to the
Committees on Appropriations an assessment of the
dollar value of improper taxes or fees levied by
such government against such companies and
organizations in fiscal year 2017.
(2) Goals and benchmarks.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report describing the
goals and benchmarks required in paragraph (1)(B)(i): Provided,
That not later than 6 months after the submission of such report
and every 6 months thereafter until September 30, 2019, the
Secretary of State shall submit a report to such committees on
the status of achieving such goals and benchmarks: Provided
further, That the Secretary of State should suspend assistance
for the Government of Afghanistan if any report required by this
paragraph indicates that such government is failing to make
measurable progress in meeting such goals and benchmarks.
(3) Authorities.--
(A) Funds appropriated by this Act under title III
through VI that are made available for assistance for
Afghanistan may be made available--
(i) notwithstanding section 7012 of this Act
or any similar provision of law and section 660 of
the Foreign Assistance Act of 1961;
(ii) for reconciliation programs and
disarmament, demobilization, and reintegration
activities for former combatants who have
renounced violence against the Government of
Afghanistan, in accordance with section
7046(a)(2)(B)(ii) of the Department of State,
Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law
112-74); and
(iii) for an endowment to empower women and
girls.
(B) Section 7046(a)(2)(A) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-
74) shall apply to funds appropriated by this Act for
assistance for Afghanistan.
(4) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
[[Page 925]]
(b) Nepal.--
(1) Assistance.--Not less than $121,480,000 of the funds
appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', ``International Narcotics
Control and Law Enforcement'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' shall be made
available for assistance for Nepal, including for earthquake
recovery and reconstruction programs.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' shall only be made available for humanitarian and
disaster relief and reconstruction activities in Nepal, and in
support of international peacekeeping operations: Provided,
That such funds may only be made available for any additional
uses if the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Nepal is
investigating and prosecuting violations of human rights and the
laws of war, and the Nepal Army is cooperating fully with
civilian judicial authorities in such cases.
(c) Pakistan.--
(1) International security assistance.--
(A) Limitation.--Funds appropriated by this Act
under the heading ``Foreign Military Financing Program''
for assistance for Pakistan may be made available only
to support counterterrorism and counterinsurgency
capabilities in Pakistan.
(B) Consultation.--Not later than 30 days after
enactment of this Act, and prior to the submission of
the report required by section 653(a) of the Foreign
Assistance Act of 1961, the Secretary of State shall
consult with the Committees on Appropriations on the
amount of funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that is
anticipated to be subject to the January 2018 policy
decision of the United States to suspend security
assistance for Pakistan: Provided, That the Secretary
shall promptly inform the appropriate congressional
committees in writing of any changes to such policy, the
justification for such changes, and the progress made by
the Government of Pakistan in meeting the
counterterrorism objectives described under this section
in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated
Act).
(C) Reprogramming.--Funds appropriated by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs under
the heading ``Foreign Military Financing Program'' for
assistance for Pakistan that are withheld from
obligation or expenditure by the Department of State may
be reprogrammed by the Secretary of State, except that
no such funds may be reprogrammed that are required to
complete payment on existing and previously approved
contracts: Provided, That such reprogramming shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(2) Bilateral economic assistance report.--Prior to the
obligation of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the central
[[Page 926]]
Government of Pakistan, the Secretary of State shall submit a
report to the appropriate congressional committees detailing--
(A) the amount of financing and other support, if
any, provided by the Government of Pakistan to schools
supported by, affiliated with, or run by the Taliban or
any domestic or foreign terrorist organization in
Pakistan;
(B) the extent of cooperation by such government in
issuing visas in a timely manner for United States
visitors, including officials and representatives of
nongovernmental organizations, engaged in assistance and
security programs in Pakistan; and
(C) the extent to which such government is providing
humanitarian organizations access to detainees,
internally displaced persons, and other Pakistani
civilians affected by conflict in Pakistan and the
region.
(3) Authority and uses of funds.--
(A) Funds appropriated by this Act for assistance
for Pakistan may be made available notwithstanding any
other provision of law, except for section 620M of the
Foreign Assistance Act of 1961.
(B) Funds appropriated by this Act for assistance
for Pakistan that are made available for infrastructure
projects shall be implemented in a manner consistent
with section 507(6) of the Trade Act of 1974 (19 U.S.C.
2467(6)).
(C) The authorities and directives of section
7044(d)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) regarding
scholarships for women shall apply to funds appropriated
by this Act for assistance for Pakistan, following
consultation with the Committees on Appropriations.
(D) Funds appropriated by this Act under the
headings ``Economic Support Fund'' and
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' that are made available for assistance for
Pakistan shall be made available to interdict precursor
materials from Pakistan to Afghanistan that are used to
manufacture improvised explosive devices and for
agriculture extension programs that encourage
alternative fertilizer use among Pakistani farmers to
decrease the dual use of fertilizer in the manufacturing
of improvised explosive devices.
(E) Funds appropriated by this Act for assistance
for Pakistan shall be made available for border security
programs, following consultation with the Committees on
Appropriations.
(F) Funds appropriated by title III of this Act
shall be made available for programs to promote
democracy in Pakistan.
(4) Withholding.--Of the funds appropriated under titles III
and IV of this Act that are made available for assistance for
Pakistan, $33,000,000 shall be withheld from obligation until
the Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released from
prison and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin Laden.
[[Page 927]]
(5) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Pakistan: Provided, That the
Secretary shall inform the Committees on Appropriations of such
steps in a timely manner.
(d) Sri Lanka.--
(1) Bilateral economic assistance.--Of the funds
appropriated under title III of this Act, not less than
$35,000,000 shall be made available for assistance for Sri Lanka
for economic development and democracy programs, particularly in
areas recovering from ethnic and religious conflict: Provided,
That such funds shall be made available for programs to assist
in the identification and resolution of cases of missing
persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be made
available only if the Secretary of State certifies and reports
to the Committees on Appropriations that the Government of Sri
Lanka is--
(A) repealing laws that do not comply with
international standards for arrest and detention by
security forces, and ensuring that any successor
legislation meets such standards;
(B) increasing accountability and transparency in
governance;
(C) investigating allegations of arbitrary arrest
and torture, and supporting a credible justice mechanism
in compliance with United Nations Human Rights Council
Resolution (A/HCR/30/L.29) of October 2015;
(D) returning military occupied private lands in
former conflict zones to their rightful owners or
compensating those whose land was confiscated without
due process, which includes legal steps and surveys to
determine proper title to disputed lands, and which is
in addition to steps taken during the previous calendar
year;
(E) establishing a functioning office of missing
persons and assisting its investigations of cases of
missing persons from Sri Lanka's internal armed
conflicts, and publishing lists of all persons who
surrendered to such Government after the end of the
civil war in May 2009; and
(F) substantially reducing the presence of the armed
forces in former conflict zones and implementing a plan
for restructuring and reducing the size of the armed
forces to adopt a peacetime role that contributes to
post-conflict reconciliation and regional security.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance for
Sri Lanka shall be subject to the following conditions--
(A) not to exceed $500,000 under the heading
``Foreign Military Financing Program'' may only be made
available for programs to support humanitarian and
disaster response preparedness and maritime security;
and
(B) funds under the heading ``Peacekeeping
Operations'' may only be made available for training and
equipment related to international peacekeeping
operations, and only if the Government of Sri Lanka is
taking effective
[[Page 928]]
steps to bring to justice Sri Lankan peacekeeping troops
who have engaged in sexual exploitation and abuse.
(e) Regional Programs.--
(1) Cross border programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for
Afghanistan and Pakistan may be provided, notwithstanding any
other provision of law that restricts assistance to foreign
countries, for cross border stabilization and development
programs between Afghanistan and Pakistan, or between either
country and the Central Asian countries.
(2) Security and justice programs.--Funds appropriated by
this Act that are made available for assistance for countries in
South and Central Asia shall be made available to accelerate the
recruitment and enhance the retention and professionalism of
women in the judiciary, police, and other security forces.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Funding.--Subject to the requirements of this
subsection, of the funds appropriated under titles III and IV of
this Act, up to $615,000,000 may be made available for
assistance for countries in Central America to implement the
United States Strategy for Engagement in Central America (the
Strategy): Provided, That such funds shall be made available to
the maximum extent practicable on a cost-matching basis.
(2) Pre-obligation requirements.--Prior to the obligation of
funds made available pursuant to paragraph (1), the Secretary of
State shall submit to the Committees on Appropriations an
updated multi-year spend plan as described under this subsection
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(3) Assistance for the central governments of el salvador,
guatemala, and honduras.--Of the funds made available pursuant
to paragraph (1) that are available for assistance for each of
the central governments of El Salvador, Guatemala, and Honduras,
except for funds made available for the International Commission
against Impunity in Guatemala or the Mission to Support the
Fight against Corruption and Impunity in Honduras, the following
amounts shall be withheld from obligation and may only be made
available as follows:
(A) 25 percent may only be obligated after the
Secretary of State certifies and reports to the
appropriate congressional committees that such
government is--
(i) informing its citizens of the dangers of
the journey to the southwest border of the United
States;
(ii) combating human smuggling and
trafficking;
(iii) improving border security, including
preventing illegal migration, human smuggling and
trafficking, and trafficking of illicit drugs and
other contraband; and
(iv) cooperating with United States Government
agencies and other governments in the region to
facilitate the return, repatriation, and
reintegration of illegal migrants arriving at the
southwest border of
[[Page 929]]
the United States who do not qualify for asylum,
consistent with international law.
(B) An additional 50 percent may only be obligated
after the Secretary of State certifies and reports to
the appropriate congressional committees that such
government is--
(i) working cooperatively with an autonomous,
publicly accountable entity to provide oversight
of the Plan of the Alliance for Prosperity in the
Northern Triangle in Central America (the Plan);
(ii) combating corruption, including
investigating and prosecuting current and former
government officials credibly alleged to be
corrupt;
(iii) implementing reforms, policies, and
programs to improve transparency and strengthen
public institutions, including increasing the
capacity and independence of the judiciary and the
Office of the Attorney General;
(iv) implementing a policy to ensure that
local communities, civil society organizations
(including indigenous and other marginalized
groups), and local governments are consulted in
the design, and participate in the implementation
and evaluation of, activities of the Plan that
affect such communities, organizations, and
governments;
(v) countering the activities of criminal
gangs, drug traffickers, and organized crime;
(vi) investigating and prosecuting in the
civilian justice system government personnel,
including military and police personnel, who are
credibly alleged to have violated human rights,
and ensuring that such personnel are cooperating
in such cases;
(vii) cooperating with commissions against
corruption and impunity and with regional human
rights entities;
(viii) supporting programs to reduce poverty,
expand education and vocational training for at-
risk youth, create jobs, and promote equitable
economic growth, particularly in areas
contributing to large numbers of migrants;
(ix) implementing a plan that includes goals,
benchmarks, and timelines to create a
professional, accountable civilian police force
and end the role of the military in internal
policing, and make such plan available to the
Department of State;
(x) protecting the right of political
opposition parties, journalists, trade unionists,
human rights defenders, and other civil society
activists to operate without interference;
(xi) increasing government revenues, including
by implementing tax reforms and strengthening
customs agencies; and
(xii) resolving commercial disputes, including
the confiscation of real property, between United
States entities and such government.
(4) Determinations and impact on assistance.--
[[Page 930]]
(A) Insufficient progress.--The Secretary of State
shall periodically review the progress of each of the
central governments of El Salvador, Guatemala, and
Honduras in meeting the requirements of paragraphs
(3)(A) and (3)(B): Provided, That if the Secretary
determines and reports to the appropriate congressional
committees that sufficient progress has not been made by
such government in meeting such requirements, the
Secretary shall suspend, in whole or in part, assistance
for such government for programs supporting such
requirement, and shall notify the appropriate
congressional committees in writing of such action:
Provided further, That the Secretary may resume such
assistance if the Secretary determines and reports to
such committees that corrective measures have been taken
by such government.
(B) Extraordinary progress.--The Secretary of State
may, notwithstanding section 7019 of this Act, increase
assistance for El Salvador, Guatemala, or Honduras if
the Secretary determines and reports to the appropriate
congressional committees that the central government of
such country has made extraordinary progress in meeting
the requirements of paragraphs (3)(A) and (3)(B):
Provided, That such increase shall be provided in the
amounts designated as Award for Extraordinary Progress
in the table under this section in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act):
Provided further, That such determination may be made
for not more than one country and following the
submission of the reports for such country submitted
pursuant to paragraphs (3)(A) and (3)(B).
(C) Change in national government.--Not later than
90 days following a change of national government in El
Salvador, Guatemala, or Honduras, the Secretary of State
shall determine whether or not such government is
meeting the requirements of paragraphs (3)(A) and (3)(B)
and submit a report to the appropriate congressional
committees detailing the reasons for such determination:
Provided, That if the Secretary determines that such
government is not meeting such requirements, then the
Secretary shall suspend, in whole or in part, assistance
for such central government until such time as such
determination and report can be made.
(D) Reprogramming.--
(i) Assistance suspended pursuant to
subparagraphs (A) or (C) may be reprogrammed if
the Secretary of State determines that corrective
measures have not been taken.
(ii) If the Secretary is unable to make a
determination pursuant to subparagraph (B) within
180 days after enactment of this Act, amounts
designated under such subparagraph may be
reprogrammed.
(iii) Any reprogramming made pursuant to
clauses (i) or (ii) shall only be made available
for assistance for other countries in Latin
America and the Caribbean and shall be subject to
the regular notification procedures of the
Committees on Appropriations.
[[Page 931]]
(5) Consultation.--The Secretary of State shall consult with
the Committees on Appropriations not less than 14 days prior to
submitting any certification made pursuant to subsection (a)(3)
and any suspension or reprogramming made pursuant to subsection
(a)(4).
(6) Limitation.--None of the funds made available by this
subsection for assistance for countries in Central America may
be made available for direct government-to-government assistance
or for major infrastructure projects.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act under
titles III and IV, not less than $391,253,000 shall be made
available for assistance for Colombia, including to support the
efforts of the Government of Colombia to--
(A) conduct a unified campaign against narcotics
trafficking, organizations designated as foreign
terrorist organizations pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189), and
other criminal or illegal armed groups: Provided, That
aircraft supported by funds made available by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs may
be used to transport personnel and supplies involved in
drug eradication and interdiction, including security
for such activities, and to provide transport in support
of alternative development programs and investigations
by civilian judicial authorities;
(B) enhance security and stability in Colombia and
the region;
(C) strengthen and expand governance, the rule of
law, and access to justice throughout Colombia;
(D) promote economic and social development,
including by improving access to areas impacted by
conflict through demining programs; and
(E) implement a peace agreement between the
Government of Colombia and illegal armed groups, in
accordance with constitutional and legal requirements in
Colombia:
Provided, That such funds shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(2) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for assistance for Colombia may be made available for payment of
reparations to conflict victims or compensation to demobilized
combatants associated with a peace agreement between the
Government of Colombia and illegal armed groups.
(3) Pre-obligation requirements.--Prior to the initial
obligation of funds made available pursuant to paragraph (1),
the Secretary of State, in consultation with the USAID
Administrator, shall submit to the Committees on Appropriations
an updated multi-year spend plan as described under this
subsection in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(4) Apportionment and transfer.--Funds made available by
this Act under the heading ``Economic Support Fund'' for
assistance for Colombia shall be apportioned directly to USAID,
[[Page 932]]
except that not less than $7,000,000 of such funds shall be
transferred to, and merged with, funds appropriated by this Act
under the heading ``Migration and Refugee Assistance'' for
assistance for Colombian refugees in neighboring countries.
(5) Counternarcotics.--Of the funds made available by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' for
counternarcotics assistance for Colombia, 25 percent may be
obligated only after the Secretary of State certifies and
reports to the Committees on Appropriations that the Government
of Colombia has reduced overall illicit drug cultivation,
production, and trafficking.
(6) Human rights.--Of the funds made available by this Act
under the heading ``Foreign Military Financing Program'' for
assistance for Colombia, 20 percent may be obligated only in
accordance with the conditions set forth under section 7045 in
Senate Report 115-152.
(7) Exceptions.--The limitations of paragraphs (5) and (6)
shall not apply to funds made available for aviation instruction
and maintenance, and maritime and riverine security programs.
(c) Haiti.--
(1) Certification.--Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support
Fund'' that are made available for assistance for Haiti may not
be made available for assistance for the central Government of
Haiti unless the Secretary of State certifies and reports to the
Committees on Appropriations that such government is taking
effective steps, which are in addition to steps taken since the
certification and report submitted during the prior year, if
applicable, to--
(A) strengthen the rule of law in Haiti, including
by--
(i) selecting judges in a transparent manner
based on merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the
judiciary; and
(iv) improving governance by implementing
reforms to increase transparency and
accountability, including through the penal and
criminal codes;
(B) combat corruption, including by implementing the
anti-corruption law enacted in 2014 and prosecuting
corrupt officials;
(C) increase government revenues, including by
implementing tax reforms, and increasing expenditures on
public services; and
(D) resolve commercial disputes between United
States entities and the Government of Haiti.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(d) Venezuela.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $15,000,000 shall be
made available for programs to promote democracy and the rule of law in
Venezuela.
[[Page 933]]
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $105,325,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $420,700,000 shall be made
available for assistance for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act may be
made available for assistance for a government of an Independent State
of the former Soviet Union if such government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That except as
otherwise provided in section 7070(a) of this Act, funds may be made
available without regard to the restriction in this subsection if the
President determines that to do so is in the national security interest
of the United States: Provided further, That prior to executing the
authority contained in the previous proviso, the Secretary of State
shall consult with the Committees on Appropriations on how such
assistance supports the national security interest of the United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act may be
used to facilitate or support the sale of defense articles or defense
services to the Turkish Presidential Protection Directorate (TPPD) under
chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.),
unless the Secretary of State determines and reports to the appropriate
congressional committees that members of the TPPD named in the July 17,
2017 indictment by the Superior Court of the District of Columbia have
returned to the United States to stand trial in connection with the
offenses contained in such indictment or have otherwise been brought to
justice: Provided, That the limitation in this paragraph shall not
apply to the use of funds made available by this Act for border security
[[Page 934]]
purposes, for North Atlantic Treaty Organization or coalition
operations, or to enhance the protection of United States officials and
facilities in Turkey.
war crimes tribunals
Sec. 7047. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct a
drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Restrictions.--Of the funds appropriated under title I
and under the heading ``International Organizations and
Programs'' in title V of this Act that are available for
contributions to the United Nations (including the Department of
Peacekeeping Operations), any United Nations agency, or the
Organization of American States, 15 percent may not be obligated
for such organization, department, or agency until the Secretary
of State determines and reports to the Committees on
Appropriations that the organization, department, or agency is--
(A) posting on a publicly available Web site,
consistent with privacy regulations and due process,
regular financial and programmatic audits of such
organization, department, or agency, and providing the
United States Government with necessary access to such
financial and performance audits;
(B) effectively implementing and enforcing policies
and procedures which reflect best practices for the
protection of whistleblowers from retaliation, including
best practices for--
(i) protection against retaliation for
internal and lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting
retaliation;
(iv) access to independent adjudicative
bodies, including external arbitration; and
(v) results that eliminate the effects of
proven retaliation; and
(C) effectively implementing and enforcing policies
and procedures on the appropriate use of travel funds,
including restrictions on first class and business class
travel.
(2) Waiver.--The restrictions imposed by or pursuant to
paragraph (1) may be waived on a case-by-case basis if the
[[Page 935]]
Secretary of State determines and reports to the Committees on
Appropriations that such waiver is necessary to avert or respond
to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses for
any United States delegation to any specialized agency, body, or
commission of the United Nations if such agency, body, or
commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export Administration Act of
1979 as continued in effect pursuant to the International
Emergency Economic Powers Act (50 U.S.C. App. 2405(j)(1)),
supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as a
contribution to any organization, agency, commission, or program
within the United Nations system if such organization, agency,
commission, or program is chaired or presided over by a country
the government of which the Secretary of State has determined,
for purposes of section 620A of the Foreign Assistance Act of
1961, section 40 of the Arms Export Control Act, section 6(j)(1)
of the Export Administration Act of 1979, or any other provision
of law, is a government that has repeatedly provided support for
acts of international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines and
reports to the Committees on Appropriations that to do so is
important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of the United
Nations Human Rights Council unless the Secretary of State determines
and reports to the Committees on Appropriations that participation in
the Council is important to the national interest of the United States
and that such Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of members to
such Council: Provided, That such report shall include a description of
the national interest served and the steps taken to remove Israel as a
permanent agenda item and ensure integrity in the election of members to
such Council: Provided further, That the Secretary of State shall
report to the Committees on Appropriations not later than September 30,
2018, on the resolutions considered in the United Nations Human Rights
Council during the previous 12 months, and on steps taken to remove
Israel as a permanent agenda item and ensure integrity in the election
of members to such Council.
(d) United Nations Relief and Works Agency.--Prior to the initial
obligation of funds for the United Nations Relief and Works Agency
(UNRWA), and not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report in writing to the Committees on
Appropriations on whether UNRWA is--
[[Page 936]]
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance Act
of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate
purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section 301(c)
of the Foreign Assistance Act of 1961 and continuing regular
reporting to the Department of State on actions it has taken to
ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of the
organization; and
(7) in compliance with the United Nations Board of Auditors'
biennial audit requirements and is implementing in a timely
fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Capital Projects.--None of the funds made available by this Act
may be used for the design, renovation, or construction of the United
Nations Headquarters in New York: Provided, That any operating plan
submitted pursuant to this Act for funds made available under the
heading ``Contributions to International Organizations'' shall include
information on capital projects, as described under such heading in
House Report 115-253.
(g) Report.--Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation or
expenditure in fiscal year 2018 for contributions to any organization,
department, agency, or program within the United Nations system or any
international program that are withheld from obligation or expenditure
due to any provision of law: Provided, That the Secretary of State
shall update such report each time additional funds are withheld by
operation of any provision of law: Provided further, That the
reprogramming of any withheld funds identified in such report, including
updates thereof, shall
[[Page 937]]
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(h) Sexual Exploitation and Abuse in Peacekeeping Operations.--
(1) In general.--Funds appropriated by this Act shall be
made available to implement section 301 of the Department of
State Authorities Act, Fiscal Year 2017 (Public Law 114-323).
(2) Withholding of funds.--The Secretary of State should
withhold assistance to any unit of the security forces of a
foreign country if the Secretary has credible information that
such unit has engaged in sexual exploitation or abuse, including
while serving in a United Nations peacekeeping operation, until
the Secretary determines that the government of such country is
taking effective steps to bring the responsible members of such
unit to justice and to prevent future incidents: Provided, That
the Secretary shall promptly notify the government of each
country subject to any withholding of assistance pursuant to
this paragraph, and shall notify the appropriate congressional
committees of such withholding not later than 10 days after a
determination to withhold such assistance is made: Provided
further, That the Secretary shall, to the maximum extent
practicable, assist such government in bringing the responsible
members of such unit to justice.
(3) Transfer of funds.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$1,000,000 shall be transferred to, and merged with, funds
appropriated under the heading ``International Organizations and
Programs'' for the United Nations Office of the Special
Coordinator on Improving the UN Response to Sexual Exploitation
and Abuse: Provided, That such transfer authority shall be
exercised not later than 60 days after enactment of this Act.
(i) Additional Availability.--Funds appropriated under titles I and
V of this Act which are returned or not made available due to the
implementation of subsection (a) or the second proviso under the heading
``Contributions for International Peacekeeping Activities'' of such
title shall remain available for obligation until September 30, 2019.
(j) National Security Interest Withholding.--
(1) Withholding.--The Secretary of State shall withhold 5
percent of the funds appropriated by this Act under the heading
``Contributions to International Organizations'' for a
specialized agency or other entity of the United Nations if the
Secretary, in consultation with the United States Ambassador to
the United Nations, determines and reports to the Committees on
Appropriations that such agency or entity has taken an official
action that is against the national security interest of the
United States or an ally of the United States, including Israel.
(2) Release of funds.--The Secretary of State, in
consultation with the United States Ambassador to the United
Nations, may release funds withheld pursuant to paragraph (1) if
the Secretary determines and reports to the Committees on
Appropriations that such agency or entity is taking steps to
address the action that resulted in the withholding of such
funds.
[[Page 938]]
(3) Reprogramming.--Should the Secretary of State be unable
to make a determination pursuant to paragraph (2) regarding the
release of withheld funds, such funds may be reprogrammed for
other purposes under the heading ``Contributions to
International Organizations''.
(4) Waiver.--The Secretary of State, following consultation
with the Committees on Appropriations, may waive the
requirements of this subsection if the Secretary determines that
to do so in the national interest.
community-based police assistance
Sec. 7049. Funds made available by titles III and IV of this Act to
carry out the provisions of chapter 1 of part I and chapters 4 and 6 of
part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the effectiveness
and accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, anti-corruption,
strategic planning, and through assistance to foster civilian police
roles that support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the communities they
serve.
disability programs
Sec. 7050. (a) Assistance.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for programs
and activities administered by the United States Agency for
International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
and integration of individuals with disabilities, including for the cost
of translation.
(b) Management, Oversight, and Technical Support.--Of the funds made
available pursuant to this section, 5 percent may be used for USAID for
management, oversight, and technical support.
international conferences
Sec. 7051. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees of
agencies or departments of the United States Government who are
stationed in the United States, at any single international conference
occurring outside the United States, unless the Secretary of State
reports to the Committees on Appropriations at least 5 days in advance
that such attendance is important to the national interest: Provided,
That for purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the United States
Government and of foreign governments, international organizations, or
nongovernmental organizations.
[[Page 939]]
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Initiative'', and
``Andean Counterdrug Programs'' may be used for any other program and in
any region.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be coordinated
under the authority of the appropriate Chief of Mission:
Provided, That such aircraft may be used to transport, on a
reimbursable or non-reimbursable basis, Federal and non-Federal
personnel supporting Department of State and USAID programs and
activities: Provided further, That official travel for other
agencies for other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a space
available basis: Provided further, That funds received by the
Department of State in connection with the use of aircraft
owned, leased, or chartered by the Department of State may be
credited to the Working Capital Fund of the Department and shall
be available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2011 (division F of Public Law 111-117) shall apply
to this Act: Provided, That the date ``September 30, 2009'' in
subsection (f)(2)(B) of such section shall be deemed to be ``September
30, 2017''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States
[[Page 940]]
Agency for International Development and the Department of State and
used in support of the clearance of landmines and unexploded ordnance
for humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions, after arming,
do not result in more than 1 percent unexploded ordnance across
the range of intended operational environments, and the
agreement applicable to the assistance, transfer, or sale of
such cluster munitions or cluster munitions technology specifies
that the cluster munitions will only be used against clearly
defined military targets and will not be used where civilians
are known to be present or in areas normally inhabited by
civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by Congress:
Provided, That not to exceed $25,000 may be made available to carry out
the provisions of section 316 of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a
note).
continuous supervision and general direction of economic and military
assistance
Sec. 7056. (a) Under the direction of the President, the Secretary
of State shall be responsible for the continuous supervision and general
direction of economic assistance, law enforcement and justice sector
assistance, military assistance, and military education and training
programs, including but not limited to determining whether there shall
be a military assistance (including civic action) or a military
education and training program for a country and the value thereof, to
the end that such programs are effectively integrated both at home and
abroad and the foreign policy of the United States is best served
thereby.
(b) Consistent with section 481(b) of the Foreign Assistance Act of
1961, the Secretary of State shall be responsible for coordinating all
assistance provided by the United States Government to support
international efforts to combat illicit narcotics production or
trafficking: Provided, That the provision of assistance by the
Department of Defense which is comparable to assistance that may be made
available by this Act under the heading ``International Narcotics
Control and Law Enforcement'' shall be provided in a manner consistent
with the requirements of section 333(b) of title 10, United States Code,
as added by section 1241 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328).
[[Page 941]]
united states agency for international development management
Sec. 7057. (a) <> Authority.--Up to
$93,000,000 of the funds made available in title III of this Act
pursuant to or to carry out the provisions of part I of the Foreign
Assistance Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be used by the
United States Agency for International Development to hire and employ
individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) <> Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2019.
(c) <> Conditions.--The authority of
subsection (a) should only be used to the extent that an equivalent
number of positions that are filled by personal services contractors or
other non-direct hire employees of USAID, who are compensated with funds
appropriated to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', are eliminated.
(d) <> Program Account Charged.--The
account charged for the cost of an individual hired and employed under
the authority of this section shall be the account to which the
responsibilities of such individual primarily relate: Provided, That
funds made available to carry out this section may be transferred to,
and merged with, funds appropriated by this Act in title II under the
heading ``Operating Expenses''.
(e) <> Foreign Service Limited
Extensions.--Individuals hired and employed by USAID, with funds made
available in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs, pursuant
to the authority of section 309 of the Foreign Service Act of 1980 (22
U.S.C. 3949), may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(f) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed
[[Page 942]]
by the agency until permanent direct hire personnel are hired and
trained: Provided, That not more than 15 of such contractors shall be
assigned to any bureau or office: Provided further, That such funds
appropriated to carry out title II of the Food for Peace Act (Public Law
83-480; 7 U.S.C. 1721 et seq.), may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2011 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided,
That of the funds appropriated under title III of this Act, not less
than $575,000,000 should be made available for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species.
(b) Global Fund.--Of the funds appropriated by this Act that are
available for a contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), 10 percent should be withheld
from obligation until the Secretary of State determines and reports to
the Committees on Appropriations that the Global Fund is--
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the
Inspector General (OIG) to publish OIG reports on a public Web
site;
(2) providing sufficient resources to maintain an
independent OIG that--
(A) reports directly to the Board of the Global
Fund;
(B) maintains a mandate to conduct thorough
investigations and programmatic audits, free from undue
interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients,
sub-recipients, and Local Fund Agents;
[[Page 943]]
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to independent adjudicative bodies,
including external arbitration; and
(E) results that eliminate the effects of proven
retaliation; and
(4) implementing the recommendations contained in the
Consolidated Transformation Plan approved by the Board of the
Global Fund on November 21, 2011:
Provided, That such withholding shall not be in addition to funds that
are withheld from the Global Fund in fiscal year 2018 pursuant to the
application of any other provision contained in this or any other Act.
(c) Contagious Infectious Disease Outbreaks.--
(1) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency of
International Concern, funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development Assistance'',
``International Disaster Assistance'', ``Complex Crises Fund'',
``Economic Support Fund'', ``Democracy Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Migration and Refugee
Assistance'', and ``Millennium Challenge Corporation'' may be
made available to combat such infectious disease or public
health emergency, and may be transferred to, and merged with,
funds appropriated under such headings for the purposes of this
paragraph.
(2) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(3) Global health security.--Not later than 180 days after
enactment of this Act, a global health security strategy shall
be submitted to the appropriate congressional committees in the
manner described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(d) Repurposed Funds.--(1) Of the unobligated balances available
under the heading ``Bilateral Economic Assistance'' in title IX of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)--
(A) $35,000,000 shall be made available for the Emergency
Reserve Fund established pursuant to section 7058(c)(1) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31):
Provided, That such funds may only be made available if the
USAID Administrator determines and reports to the Committees on
Appropriations that it is in the national interest
[[Page 944]]
to respond to an emerging health threat that poses severe
threats to human health;
(B) $100,000,000 shall be for programs to accelerate the
capabilities of targeted countries to prevent, detect, and
respond to infectious disease outbreaks; and
(C) $10,000,000 shall be made available for support of a
multi-partner trust fund or other multilateral efforts to assist
communities in Haiti affected by cholera resulting from the
United Nations Stabilization Mission in Haiti: Provided, That
prior to the obligation of such funds, the Secretary of State
shall ensure that mechanisms are in place for monitoring,
oversight, and control of such funds: Provided further, That
such funds shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
(2) Funds made available pursuant to this subsection are in addition
to funds otherwise made available for such purposes.
(3) Funds made available pursuant to this subsection under the
headings ``Global Health Programs'' and ``International Disaster
Assistance'' may be transferred to, and merged with, funds made
available under such headings: Provided, That such transfer authority
is in addition to any other transfer authority provided by law.
(4) The amounts repurposed under this subsection are designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985 and shall be available only if the President subsequently so
designates all such amounts and transmits such designations to the
Congress.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available to increase
leadership opportunities for women in countries where women and girls
suffer discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing women's
opportunities for leadership positions in the public and private sectors
at the local, provincial, and national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act that
are available to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons, and shall
[[Page 945]]
promote the integration of women into the police and other
security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-based
violence, including child marriage, rape, female genital cutting
and mutilation, and domestic violence, among other forms of
gender-based violence in conflict and non-conflict settings.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'' should be made
available to support a multi-year strategy to expand, and improve
coordination of, United States Government efforts to empower women as
equal partners in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected by conflict
or in political transition, and to ensure the equitable provision of
relief and recovery assistance to women and girls.
(e) Women and Girls at Risk From Extremism.--
(1) Assistance.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $15,000,000
shall be made available to support women and girls who are at
risk from extremism and conflict, and for activities to--
(A) empower women and girls to counter extremism;
(B) address the needs of women and girls adversely
impacted by extremism and conflict;
(C) document crimes committed by extremists against
women and girls, and support investigations and
prosecutions of such crimes, as appropriate;
(D) increase the participation and influence of
women in formal and informal political processes and
institutions at the local level and within traditional
governing structures;
(E) support reconciliation programs between impacted
minority, religious, and ethnic groups and the broader
community;
(F) develop and implement legal reforms and
protections for women and girls at the national and
local government levels; and
(G) create and sustain networks for women and girls
to collectively safeguard their rights on a regional
basis.
(2) Clarification and notification.--Funds made available
pursuant to paragraph (1)--
(A) are in addition to amounts otherwise available
by this Act for such purposes; and
(B) shall be made available following consultation
with, and subject to the regular notification procedures
of, the Committees on Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
[[Page 946]]
(A) Of the funds appropriated under title III of
this Act, not less than $800,000,000 shall be made
available for assistance for basic education, and such
funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries: Provided, That such funds should be used to
implement the objectives of basic education programs for
each Country Development Cooperation Strategy or similar
strategy regarding basic education established by the
United States Agency for International Development:
Provided further, That such funds may also be used for
secondary education activities: Provided further, That
the USAID Administrator, following consultation with the
Committees on Appropriations, may reprogram such funds
between countries.
(B) Not later than 30 days after enactment of this
Act, the USAID Administrator shall report to the
Committees on Appropriations on the status of cumulative
unobligated balances and obligated, but unexpended,
balances in each country where USAID provides basic
education assistance and such report shall also include
details on the types of contracts and grants provided
and the goals and objectives of such assistance:
Provided, That the USAID Administrator shall update such
report on a quarterly basis until September 30, 2019:
Provided further, That if the USAID Administrator
determines that any unobligated balances of funds
specifically designated for assistance for basic
education in prior Acts making appropriations for the
Department of State, foreign operations, and related
programs are in excess of the absorptive capacity of
recipient countries, such funds may be made available
for other programs authorized under chapter 1 of part I
of the Foreign Assistance Act of 1961, notwithstanding
such funding designation: Provided further, That the
authority of the previous proviso shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(C) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
not less than $87,500,000 shall be made available for a
contribution to multilateral partnerships that support
education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education: Provided, That
such funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign countries,
and shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That of
such amount, not less than $35,000,000 shall be made available
for human and institutional capacity building partnerships
between higher education institutions in the United States and
developing countries, of which not less than $15,000,000 shall
be for new partnerships which should be competed and awarded not
later than one year after enactment of this Act: Provided
further, That not later than 45 days after enactment of this
Act, the USAID Administrator shall consult with the Committees
on Appropriations on the proposed uses of funds for such
partnerships.
[[Page 947]]
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $28,000,000
shall be made available for the American Schools and Hospitals Abroad
program, and not less than $12,000,000 shall be made available for
cooperative development programs of USAID.
(c) Environment Programs.--
(1) Authority and notification.--
(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, except
for the provisions of this subsection, to support
environment programs.
(B) Funds made available pursuant to this subsection
shall be subject to the regular notification procedures
of the Committees on Appropriations.
(C) None of the funds in this Act are appropriated
or otherwise made available for a contribution, grant,
or any other payment for the Green Climate Fund.
(2) Conservation programs and limitations.--
(A) Of the funds appropriated under title III of
this Act, not less than $269,000,000 shall be made
available for biodiversity conservation programs.
(B) Not less than $90,664,000 of the funds
appropriated under titles III and IV of this Act shall
be made available to combat the transnational threat of
wildlife poaching and trafficking.
(C) None of the funds appropriated under title IV of
this Act may be made available for training or other
assistance for any military unit or personnel that the
Secretary of State determines has been credibly alleged
to have participated in wildlife poaching or
trafficking, unless the Secretary reports to the
appropriate congressional committees that to do so is in
the national security interest of the United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the
Secretary of the Treasury shall instruct the United
States executive directors of each international
financial institutions (IFI) to vote against any
financing of any such activity.
(3) Large dams.--The Secretary of the Treasury shall
instruct the United States executive director of each IFI that
it is the policy of the United States to vote in relation to any
loan, grant, strategy, or policy of such institution to support
the construction of any large dam consistent with the criteria
set forth in Senate Report 114-79, while also considering
whether the project involves important foreign policy
objectives.
(4) Sustainable landscapes.--Of the funds appropriated under
title III of this Act, not less than $123,500,000 shall be made
available for sustainable landscapes programs.
(d) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than $1,000,600,000
shall be made available for food security and agricultural development
programs to carry out the purposes of the Global
[[Page 948]]
Food Security Act of 2016 (Public Law 114-195), of which not less than
$315,960,000 shall be made available for the Bureau for Food Security,
USAID, including not less than $55,000,000 for the Feed the Future
Innovation Labs: Provided, That funds may be made available for a
contribution as authorized by section 3202 of the Food, Conservation,
and Energy Act of 2008 (Public Law 110-246), as amended by section 3206
of the Agricultural Act of 2014 (Public Law 113-79).
(e) Microenterprise and Microfinance.--Of the funds appropriated by
this Act, not less than $265,000,000 shall be made available for
microenterprise and microfinance development programs for the poor,
especially women.
(f) Programs To Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'', not
less than $65,000,000 shall be made available for activities to combat
trafficking in persons internationally, of which not less than
$40,000,000 shall be from funds made available under the heading
``International Narcotics Control and Law Enforcement'': Provided, That
funds appropriated by this Act that are made available for programs to
end modern slavery shall be in addition to funds made available by this
subsection to combat trafficking in persons.
(g) Reconciliation Programs.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``Development
Assistance'', not less than $30,000,000 shall be made available to
support people-to-people reconciliation programs which bring together
individuals of different ethnic, religious, and political backgrounds
from areas of civil strife and war: Provided, That the USAID
Administrator shall consult with the Committees on Appropriations, prior
to the initial obligation of funds, on the uses of such funds, and such
funds shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That to the maximum
extent practicable, such funds shall be matched by sources other than
the United States Government: Provided further, That such funds shall
be administered by the Office of Conflict Management and Mitigation,
USAID.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $400,000,000 shall be made available for water supply and
sanitation projects pursuant to the Senator Paul Simon Water for the
Poor Act of 2005 (Public Law 109-121), of which not less than
$145,000,000 shall be for programs in sub-Saharan Africa, and of which
not less than $15,000,000 shall be made available to support initiatives
by local communities in developing countries to build and maintain safe
latrines.
overseas private investment corporation
Sec. 7061. (a) Transfer of Funds.--Whenever the President determines
that it is in furtherance of the purposes of the Foreign Assistance Act
of 1961, up to a total of $20,000,000 of the funds appropriated under
title III of this Act may be transferred to, and merged with, funds
appropriated by this Act for the Overseas Private Investment Corporation
Program Account, to be subject to the terms and conditions of that
account: Provided, That such funds shall not be available for
administrative expenses of the
[[Page 949]]
Overseas Private Investment Corporation: Provided further, That
designated funding levels in this Act shall not be transferred pursuant
to this section: Provided further, That the exercise of such authority
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(b) <> Authority.--Notwithstanding section
235(a)(2) of the Foreign Assistance Act of 1961, the authority of
subsections (a) through (c) of section 234 of such Act shall remain in
effect until September 30, 2018.
arms trade treaty
Sec. 7062. None of the funds appropriated by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
inspectors general
Sec. 7063. (a) Prohibition on Use of Funds.--None of the funds
appropriated by this Act may be used to deny an Inspector General funded
under this Act timely access to any records, documents, or other
materials available to the department or agency of the United States
Government over which such Inspector General has responsibilities under
the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede the access of such Inspector General to such records, documents,
or other materials, under any provision of law, except a provision of
law that expressly refers to such Inspector General and expressly limits
the right of access of such Inspector General.
(b) Timely Access.--A department or agency of the United States
Government covered by this section shall provide its Inspector General
access to all records, documents, and other materials in a timely
manner.
(c) Compliance.--Each Inspector General covered by this section
shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Report.--Each Inspector General covered by this section shall
report to the Committees on Appropriations within 5 calendar days of any
failure by any department or agency of the United States Government to
provide its Inspector General access to all requested records,
documents, and other materials.
reporting requirements concerning individuals detained at naval station,
guantanamo bay, cuba
Sec. 7064. Not later than 5 days after the conclusion of an
agreement with a country, including a state with a compact of free
association with the United States, to receive by transfer or release
individuals detained at United States Naval Station, Guantanamo Bay,
Cuba, the Secretary of State shall notify the Committees on
Appropriations in writing of the terms of the agreement, including
whether funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs will be made available for assistance for such country
pursuant to such agreement.
[[Page 950]]
multi-year pledges
Sec. 7065. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge was--
(1) previously justified, including the projected future
year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs or
previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees on
Appropriations and such consultation was conducted at least 7
days in advance of the pledge.
prohibition on use of torture
Sec. 7066. None of the funds made available in this Act may be used
to support or justify the use of torture, cruel, or inhumane treatment
by any official or contract employee of the United States Government.
extradition
Sec. 7067. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency Refugee
and Migration Assistance Fund'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Assistance'') for the central government of a
country which has notified the Department of State of its refusal to
extradite to the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment without the
possibility of parole or for killing a law enforcement officer, as
specified in a United States extradition request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an extradition
treaty and the government of that country is in violation of the terms
and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to the
Committees on Appropriations that such waiver is important to the
national interest of the United States.
commercial leasing of defense articles
Sec. 7068. Notwithstanding any other provision of law, and subject
to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt, and the
North Atlantic Treaty Organization (NATO), and major non-NATO allies for
the procurement by leasing (including leasing
[[Page 951]]
with an option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible civilian
application), if the President determines that there are compelling
foreign policy or national security reasons for those defense articles
being provided by commercial lease rather than by government-to-
government sale under such Act.
joint strategic plan, budget, and transitions
Sec. 7069. (a) Joint Strategic Plan and Budget.--Not later than 180
days after enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International Development
shall jointly submit to the Committees on Appropriations a five year
budget estimate that details by each fiscal year the funds necessary to
implement, by agency, each of the four goals identified in the ``Joint
Strategic Plan for the Department of State and the United States Agency
for International Development, FY 2018-2022'' (Joint Strategic Plan),
required by section 306 of title 5, United States Code, and published on
February 12, 2018: Provided, That the Secretary and the Administrator
shall inform the appropriate congressional committees not later than
September 30, 2018 of any changes to the Joint Strategic Plan.
(b) Strategic Transitions.--
(1) The USAID Administrator shall regularly consult with the
appropriate congressional committees and development
stakeholders on efforts to transition nations from assistance
recipients to enduring diplomatic, economic, and security
partners: Provided, That such consultations shall include the
guiding principles and metrics being developed to support such
efforts, and any other matters related to the implementation
plan required in paragraph (2).
(2) Not later than 180 days after enactment of this Act, the
USAID Administrator shall submit to the appropriate
congressional committees an implementation plan on country
transitions from assistance that includes--
(A) the conditions and related benchmarks under
which countries may transition from assistance provided
by this Act and subsequent Acts making appropriations
for the Department of State, foreign operations, and
related programs;
(B) the actions required by USAID to facilitate or
support country efforts toward such transition,
including consultation with civil society, other donors,
multilateral organizations, and implementing partners;
(C) a description of the costs and number of
personnel associated with strategic transitions,
including investments to increase public and private
domestic resource mobilization; and
(D) the plans to ensure post-transition development
progress.
countering russian influence and aggression
Sec. 7070. (a) Limitation.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Crimea.--
[[Page 952]]
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a country
that the Secretary of State determines and reports to the
Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian Federation
annexation of Crimea or other territory in Ukraine: Provided,
That except as otherwise provided in subsection (a), the
Secretary may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports to such
Committees that to do so is in the national interest of the
United States, and includes a justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of Russian-backed
separatists, if such activity includes the participation
of Russian Government officials, or other Russian owned
or controlled financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of Russian-backed separatists,
if such assistance includes the participation of Russian
Government officials, or other Russian owned or
controlled financial entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including any loan, credit, or guarantee) for any program that
violates the sovereignty or territorial integrity of Ukraine.
(4) The requirements and limitations of this subsection
shall cease to be in effect if the Secretary of State determines
and reports to the Committees on Appropriations that the
Government of Ukraine has reestablished sovereignty over Crimea
and other territory in Ukraine under the control of Russian-
backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a country
that the Secretary of State determines and reports to the
Committees on Appropriations has recognized the independence of,
or has established diplomatic relations with, the Russian
occupied Georgian territories of Abkhazia and Tskhinvali Region/
South Ossetia: Provided, That the Secretary shall publish on
the Department of State Web site a list of any such central
governments in a timely manner: Provided further, That the
Secretary may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports to the
Committees on Appropriations that to do so is in the national
interest of the United States, and includes a justification for
such interest.
[[Page 953]]
(2) None of the funds appropriated by this Act may be made
available to support the Russian occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including any loan, credit, or guarantee) for any program that
violates the sovereignty and territorial integrity of Georgia.
(d) Assistance to Counter Influence and Aggression.--
(1) Of the funds appropriated by this Act under the headings
``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'',
``International Military Education and Training'', and ``Foreign
Military Financing Program'', not less than $250,000,000 shall
be made available to carry out the purposes of the Countering
Russian Influence Fund, as authorized by section 254 of the
Countering Russian Influence in Europe and Eurasia Act of 2017
(Public Law 115-44; 22 U.S.C. 9543), and programs to enhance the
capacity of law enforcement and security forces in countries in
Europe and Eurasia and strengthen security cooperation between
such countries and the United States and the North Atlantic
Treaty Organization, as appropriate.
(2) Funds appropriated by this Act and made available for
assistance for the Eastern Partnership countries shall be made
available to advance the implementation of Association
Agreements and trade agreements with the European Union, and to
reduce their vulnerability to external economic and political
pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation,
including to promote Internet freedom, and shall also be made available
to support the democracy and rule of law strategy required by section
7071(d) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law 113-76).
international monetary fund
Sec. 7071. (a) Extensions.--The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F of
Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private creditors.
special defense acquisition fund
Sec. 7072. Not to exceed $900,000,000 may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act for the purposes of the
Special Defense Acquisition Fund (the Fund), to remain available for
obligation until September 30, 2020: Provided, That the provision of
defense articles and defense services to foreign countries or
international organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
[[Page 954]]
stability and development in regions impacted by extremism and conflict
Sec. 7073. (a) Countering Foreign Fighters and Extremist
Organizations.--Funds appropriated under titles III and IV of this Act
shall be made available for programs and activities to counter and
defeat violent extremism and foreign fighters abroad, consistent with
the strategy required by section 7073(a)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31): Provided, That the Secretary of
State shall ensure such programs are coordinated with and complement the
efforts of other United States Government agencies and international
partners, and that information gained through the conduct of such
programs is shared in a timely manner with relevant departments and
agencies of the United States Government, other international partners,
and the appropriate congressional committees, as appropriate.
(b) Countries Impacted by Significant Refugee Populations or
Internally Displaced Persons.--
(1) Uses of funds.--Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support
Fund'' shall be made available for programs in countries
affected by significant populations of internally displaced
persons or refugees to--
(A) expand and improve host government social
services and basic infrastructure to accommodate the
needs of such populations and persons;
(B) alleviate the social and economic strains placed
on host communities, including through programs to
promote livelihoods, vocational training, and formal and
informal education;
(C) improve coordination of such assistance in a
more effective and sustainable manner; and
(D) leverage increased assistance from donors other
than the United States Government for central
governments and local communities in such countries:
Provided, That the Secretary of State shall periodically
inform the appropriate congressional committees of the amounts
and specific uses of funds made available for the purposes of
this subsection.
(2) Concessional finance facility.--Funds appropriated under
title III of this Act under the heading ``Economic Support
Fund'' may be made available for the Concessional Finance
Facility of the World Bank to provide financing to support
refugees and host communities: Provided, That such funds shall
be in addition to funds made available for bilateral assistance
in the report required by section 653(a) of the Foreign
Assistance Act of 1961, and may only be made available subject
to prior consultation with the Committees on Appropriations.
(c) Fragile States and Extremism.--Funds appropriated by this Act
shall be made available for the purposes of section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31), subject to
the regular notification procedures of the Committees on Appropriations.
[[Page 955]]
enterprise funds
Sec. 7074. (a) Notification.--None of the funds made available under
titles III through VI of this Act may be made available for Enterprise
Funds unless the appropriate congressional committees are notified at
least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
use of funds in contravention of this act
Sec. 7075. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the basis
for such determination and any resulting changes to program and policy.
budget documents
Sec. 7076. (a) Operating and Reorganization Plans.--Not later than
45 days after the date of enactment of this Act, each department,
agency, or organization funded in titles I, II, and VI of this Act, and
the Department of the Treasury and Independent Agencies funded in title
III of this Act, including the Inter-American Foundation and the United
States African Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to such
department, agency, or organization in such titles of this Act, or funds
otherwise available for obligation in fiscal year 2018, that provides
details of the uses of such funds at the program, project, and activity
level: Provided, That such plans shall include, as applicable, a
comparison between the congressional budget justification funding
levels, the most recent congressional directives or approved funding
levels, and the funding levels proposed by the department or agency; and
a clear, concise, and informative description/justification: Provided
further, That if such department, agency, or organization receives an
additional amount under the same heading in title VIII of this Act,
operating plans required by this subsection shall include consolidated
information on all such funds: Provided further, That operating plans
that include changes in levels of funding for programs, projects, and
activities specified in the congressional budget justification, in this
Act, or amounts specifically designated in the respective tables
included in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), as applicable,
shall be subject to the notification and reprogramming requirements of
section 7015 of this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
[[Page 956]]
International Development, as appropriate, shall submit to the
Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon,
Pakistan, and the West Bank and Gaza;
(B) assistance made available pursuant to section
7070(d) of this Act to counter Russian influence and
aggression, except that such plan shall be on a country-
by-country basis;
(C) Power Africa and the regional security
initiatives listed under this section in Senate Report
115-152: Provided, That the spend plan for such
initiatives shall include the amount of assistance
planned for each country by account, to the maximum
extent practicable; and
(D) democracy programs, programs to support section
7073(a) of this Act, and sectors enumerated in
subsections (a), (c), (d), (e), (f), and (h) of section
7060 of this Act.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by
this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(3) Notwithstanding paragraph (1), up to 10 percent of the
funds contained in a spend plan required by this subsection may
be obligated prior to the submission of such spend plan if the
Secretary of State or the USAID Administrator, as appropriate,
determines that the obligation of such funds is necessary to
avoid significant programmatic disruption: Provided, That not
less than seven days prior to such obligation, the Secretary or
Administrator, as appropriate, shall consult with the Committees
on Appropriations on the justification for such obligation and
the proposed uses of such funds.
(c) Spending Report.--Not later than 45 days after enactment of this
Act, the USAID Administrator shall submit to the Committees on
Appropriations a detailed report on spending of funds made available
during fiscal year 2017 under the heading ``Development Credit
Authority''.
(d) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in this
Act or under section 634A of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) The congressional budget justification for Department of
State operations and foreign operations shall be provided to the
Committees on Appropriations concurrent with the date of
submission of the President's budget for fiscal year 2019:
Provided, That the appendices for such justification shall be
provided to the Committees on Appropriations not later than 10
calendar days thereafter.
(2) The Secretary of State and the USAID Administrator shall
include in the congressional budget justification a detailed
justification for multi-year availability for any funds
requested under the headings ``Diplomatic and Consular
Programs'' and ``Operating Expenses''.
[[Page 957]]
reports and records management
Sec. 7077. (a) Public Posting of Reports.--
(1) Requirement.--Any agency receiving funds made available
by this Act shall, subject to paragraphs (2) and (3), post on
the publicly available Web site of such agency any report
required by this Act to be submitted to the Committees on
Appropriations, upon a determination by the head of such agency
that to do so is in the national interest.
(2) Exceptions.--Paragraph (1) shall not apply to a report
if--
(A) the public posting of such report would
compromise national security, including the conduct of
diplomacy; or
(B) the report contains proprietary, privileged, or
sensitive information.
(3) Timing and intention.--The head of the agency posting
such report shall, unless otherwise provided for in this Act, do
so only after such report has been made available to the
Committees on Appropriations for not less than 45 days:
Provided, That any report required by this Act to be submitted
to the Committees on Appropriations shall include information
from the submitting agency on whether such report will be
publicly posted.
(b) Requests for Documents.--None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall be
available to a nongovernmental organization, including any contractor,
which fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the Department of State and
the United States Agency for International Development.
(c) Records Management.--
(1) Limitation.--None of the funds appropriated by this Act
under the headings ``Diplomatic and Consular Programs'' and
``Capital Investment Fund'' in title I, and ``Operating
Expenses'' and ``Capital Investment Fund'' in title II that are
made available to the Department of State and USAID may be made
available to support the use or establishment of email accounts
or email servers created outside the .gov domain or not fitted
for automated records management as part of a Federal government
records management program in contravention of the Presidential
and Federal Records Act Amendments of 2014 (Public Law 113-187).
(2) Directives.--The Secretary of State and USAID
Administrator shall--
(A) update the policies, directives, and oversight
necessary to comply with Federal statutes, regulations,
and presidential executive orders and memoranda
concerning the preservation of all records made or
received in the conduct of official business, including
record emails, instant messaging, and other online
tools;
(B) use funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'' and
``Capital Investment Fund'' in title I, and ``Operating
Expenses'' and ``Capital Investment Fund'' in title II,
as appropriate, to improve Federal records management
pursuant to the Federal Records Act (44 U.S.C. Chapters
21, 29, 31, and
[[Page 958]]
33) and other applicable Federal records management
statutes, regulations, or policies for the Department of
State and USAID;
(C) direct departing employees that all Federal
records generated by such employees, including senior
officials, belong to the Federal Government; and
(D) significantly improve the response time for
identifying and retrieving Federal records, including
requests made pursuant to section 552 of title 5, United
States Code (commonly known as the ``Freedom of
Information Act'').
(3) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State and USAID Administrator shall each
submit a report to the Committees on Appropriations and to the
National Archives and Records Administration detailing, as
appropriate and where applicable--
(A) any updates or modifications made to the policy
of each agency regarding the use or the establishment of
email accounts or email servers created outside the .gov
domain or not fitted for automated records management as
part of a Federal government records management program
since the submission to the Committees on Appropriations
of the report required by section 7077(c)(3) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public
Law 115-31);
(B) the extent to which each agency is in compliance
with applicable Federal records management statutes,
regulations, and policies, including meeting Directive
goal 1.2 of the Managing Government Records Directive
(M-12-18) by December 31, 2017; and
(C) any steps taken since the submission of the
report referenced in subparagraph (A) to--
(i) comply with paragraph (1)(B) of this
subsection;
(ii) ensure that all employees at every level
have been instructed in procedures and processes
to ensure that the documentation of their official
duties is captured, preserved, managed, protected,
and accessible in official Government systems of
the Department of State and USAID;
(iii) implement recommendation 1 made by the
Office of Inspector General (OIG), Department of
State, in the January 2016 Evaluation of the
Department of State's FOIA Process for Requests
Involving the Office of the Secretary (ESP-16-01);
(iv) reduce the backlog of Freedom of
Information Act (FOIA) and Congressional oversight
requests, and measurably improve the response time
for answering such requests; and
(v) strengthen cyber security measures to
mitigate vulnerabilities, including those
resulting from the use of personal email accounts
or servers outside the .gov domain, improve the
process to identify and remove inactive user
accounts, update and enforce guidance related to
the control of national security information, and
implement the recommendations of the corresponding
reports of the OIG as detailed under this
[[Page 959]]
section in House Report 115-253 and contained in
other relevant reports issued by the OIG.
(4) Operating plans.--The operating plans required by
section 7076(a) of this Act for funds appropriated under the
headings listed in paragraph (1) shall include funds planned
for--
(A) implementing the recommendations of the OIG
reports referenced in clauses (iii) and (v); and
(B) measurably reducing the FOIA and Congressional
oversight requests backlog.
global internet freedom
Sec. 7078. (a) Funding.--Of the funds available for obligation
during fiscal year 2018 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$55,500,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized for
countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interest of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum extent practicable, by sources
other than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``Assistance
for Europe, Eurasia and Central Asia'' that are made available
pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs funded
by this Act under such headings, and shall be
incorporated into country assistance and democracy
promotion strategies, as appropriate;
(B) for programs to implement the May 2011,
International Strategy for Cyberspace; the Department of
State International Cyberspace Policy Strategy required
by section 402 of the Cybersecurity Act of 2015
(division N of Public Law 114-113); and the
comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section
414 of the Iran Threat Reduction and Syria Human Rights
Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of
repressive Internet-related laws and regulations,
including countering threats to Internet freedom at
international organizations; to combat violence against
bloggers and other users; and to enhance digital
security training and capacity building for democracy
activists;
(D) made available for research of key threats to
Internet freedom; the continued development of
technologies that provide or enhance access to the
Internet, including circumvention tools that bypass
Internet blocking, filtering, and other censorship
techniques used by authoritarian governments; and
maintenance of the technological advantage of the United
States Government over such censorship
[[Page 960]]
techniques: Provided, That the Secretary of State, in
consultation with the Chief Executive Officer (CEO) of
the Broadcasting Board of Governors (BBG), shall
coordinate any such research and development programs
with other relevant United States Government departments
and agencies in order to share information,
technologies, and best practices, and to assess the
effectiveness of such technologies; and
(E) made available only after the Assistant
Secretary for Democracy, Human Rights, and Labor,
Department of State, concurs that such funds are
allocated consistent with--
(i) the strategies referenced in subparagraph
(B) of this paragraph;
(ii) best practices regarding security for,
and oversight of, Internet freedom programs; and
(iii) sufficient resources and support for the
development and maintenance of anti-censorship
technology and tools.
(2) Funds appropriated by this Act under the heading
``International Broadcasting Operations'' that are made
available pursuant to subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute BBG digital content;
facilitate audience access to such content on Web sites
that are censored; coordinate the distribution of BBG
digital content to targeted regional audiences; and to
promote and distribute such tools and techniques,
including digital security techniques;
(B) coordinated with programs funded by this Act
under the heading ``International Broadcasting
Operations'', and shall be incorporated into country
broadcasting strategies, as appropriate;
(C) coordinated by the BBG CEO to provide Internet
circumvention tools and techniques for audiences in
countries that are strategic priorities for the BBG and
in a manner consistent with the BBG Internet freedom
strategy; and
(D) made available for the research and development
of new tools or techniques authorized in paragraph (A)
only after the BBG CEO, in consultation with the
Secretary of State and other relevant United States
Government departments and agencies, evaluates the risks
and benefits of such new tools or techniques, and
establishes safeguards to minimize the use of such new
tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after enactment of this Act, the Secretary of
State and the BBG CEO shall submit to the Committees on Appropriations
spend plans for funds made available by this Act for programs to promote
Internet freedom globally, which shall include a description of
safeguards established by relevant agencies to ensure that such programs
are not used for illicit purposes: Provided, That the Department of
State spend plan shall include funding for all such programs for all
relevant Department of State and USAID offices and bureaus.
[[Page 961]]
impact on jobs in the united states
Sec. 7079. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States if
such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public
Law 111-117);
(B) the modification proposed by the Overseas
Private Investment Corporation in November 2013 to the
Corporation's Environmental and Social Policy Statement
relating to coal; or
(C) the Supplemental Guidelines for High Carbon
Intensity Projects approved by the Export-Import Bank of
the United States on December 12, 2013,
when enforcement of such rule, regulation, policy, or guidelines
would prohibit, or have the effect of prohibiting, any coal-
fired or other power-generation project the purpose of which is
to: (i) provide affordable electricity in International
Development Association (IDA)-eligible countries and IDA-blend
countries; and (ii) increase exports of goods and services from
the United States or prevent the loss of jobs from the United
States.
united states citizens and nationals unlawfully or wrongfully detained
abroad
Sec. 7080. (a) Review.--The Special Presidential Envoy for Hostage
Affairs, in consultation with the Assistant Secretary for Consular
Affairs, Department of State, shall review the practices of United
States consular officers regarding assistance for citizens and nationals
of the United States who are detained in countries where the Department
of State's Country Reports on Human Rights
[[Page 962]]
Practices indicate that arbitrary arrest or the denial of due process is
common, or the judicial system is not independent or is susceptible to
corruption, to--
(1) assess whether consular officers routinely seek to
determine if--
(A) the detained individual has presented credible
information of factual innocence to United States
officials;
(B) credible information exists that the individual
is detained solely or substantially because he or she is
a citizen or national of the United States;
(C) credible information exists that the individual
is being detained as a result of exercising his or her
right to freedom of expression, association, assembly,
or religion;
(D) credible information exists that the individual
has been detained arbitrarily and denied due process or
a fair trial;
(E) independent nongovernmental organizations or
journalists have raised concerns about the innocence or
the conditions of confinement of the detained
individual;
(F) the detained individual has presented credible
information that his or her detention is a pretext; and
(G) the individual is detained in inhumane
conditions; and
(2) identify what, if any, diplomatic or other actions are
taken by the Department on behalf of a detained individual if
the consular officer determines that the answer to any of the
questions specified in paragraph (1) is affirmative.
(b) Recommendations, Guidance, and Report.--Not later than 180 days
after enactment of this Act and after completion of the review required
under subsection (a), the Special Presidential Envoy for Hostage
Affairs, after consultation with the Assistant Secretary for Consular
Affairs, Department of State, shall--
(1) provide recommendations to the Secretary of State for
modifying the guidance concerning the arrest and detention of
United States citizens abroad in the Foreign Affairs Manual and
Foreign Affairs Handbook to better assist the Department of
State in identifying cases where such detention is unlawful or
wrongful and to enhance diplomatic engagements with foreign
governments and other actions on behalf of such citizens and
nationals; and
(2) submit a report to the appropriate congressional
committees detailing the findings of the review required
pursuant to subsection (a) and the recommendations provided
pursuant to paragraph (1) of this subsection.
reorganization and redesign
Sec. 7081. (a) Oversight.--
(1) Prior consultation.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may not be used to
implement a reorganization, redesign, or other plan described in
paragraph (2) by the Department of State, the United States
Agency for International Development, or any other Federal
department, agency, or organization funded by
[[Page 963]]
this Act without prior consultation by the head of such
department, agency, or organization with the appropriate
congressional committees.
(2) Description of activities.--Pursuant to paragraph (1), a
reorganization, redesign, or other plan shall include any action
to--
(A) expand, eliminate, consolidate, or downsize
covered departments, agencies, or organizations,
including bureaus and offices within or between such
departments, agencies, or organizations, including the
transfer to other agencies of the authorities and
responsibilities of such bureaus and offices;
(B) expand, eliminate, consolidate, or downsize the
United States official presence overseas including at
bilateral, regional, and multilateral diplomatic
facilities and other platforms; and
(C) expand or reduce the size of the Civil Service,
Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and
USAID from the on-board levels as of December 31, 2017:
Provided, That not less than 30 days after enactment of
this Act, the Secretary of State and the USAID
Administrator shall submit to the appropriate
congressional committees such on-board levels.
(3) Notification.--Funds made available by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for the activities described in paragraph (2) shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided, That any such notification submitted
to such Committees shall include a detailed justification for
any proposed action, including the information specified under
this section in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(4) Operating plans.--Operating plans submitted pursuant to
section 7076(a) of this Act shall detail, as applicable, amounts
for the bureaus, offices, and organizations detailed under this
section in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(b) Additional Requirements.--
(1) Personnel.--
(A) Not later than 90 days after enactment of this
Act, the Secretary of State and the USAID Administrator
shall each submit a report to the appropriate
congressional committees detailing the personnel
requirements necessary to implement the December 2017
``National Security Strategy of the United States'' and
the February 2018 ``Joint Strategic Plan for the
Department of State and the United States Agency for
International Development, FY 2018-2022''.
(B) Not later than 30 days after enactment of this
Act, the Secretary of State and the USAID Administrator
shall each submit to the appropriate congressional
committees an analysis and justification for the
reduction of Department of State and USAID personnel
during calendar
[[Page 964]]
year 2017, to include an explanation of how such
reductions support the missions of each agency.
(C) Not later than 60 days after enactment of this
Act and every 60 days thereafter until September 30,
2019, the Secretary of State, in the case of the
Department of State, and the USAID Administrator, in the
case of USAID, shall report to the appropriate
congressional committees on the on-board personnel
levels, hiring, and attrition of the Civil Service,
Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and
USAID, as appropriate, on an operating unit-by-operating
unit basis.
(2) Administration of funds.--Funds appropriated by this
Act--
(A) under the heading ``Migration and Refugee
Assistance'' shall be administered by the Assistant
Secretary for Population, Refugees, and Migration,
Department of State; and
(B) that are made available for the Office of Global
Women's Issues shall be administered by the United
States Ambassador-at-Large for Global Women's Issues.
(3) Information technology platform.--
(A) None of the funds appropriated in title I of
this Act under the heading ``Administration of Foreign
Affairs'' may be made available for a new major
information technology investment without the
concurrence of the Chief Information Officer, Department
of State.
(B) In complying with the requirements of this
paragraph, the Chief Information Officer, Department of
State, shall consider whether a new major information
technology investment--
(i) is consistent with the Department
Information Technology Strategic Plan;
(ii) maintains consolidated control over
enterprise IT functions or improves operational
maintenance;
(iii) improves Department of State resiliency
to a cyber-attack;
(iv) reduces Department of State IT costs over
the long-term; and
(v) is in accordance with the Federal
Acquisition Regulation (FAR), including FAR Part 6
regarding competition requirements.
(C) Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to the
appropriate congressional committees detailing the
conclusions and recommendations from the Information
Technology (IT) Platform Planning workstream of the
Department of State redesign initiative.
(4) Regional development mission for asia.--Funds
appropriated by this Act and made available for the Regional
Development Mission for Asia, USAID, in the table included under
title II of the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act) shall
be subject to section 7019 of this Act.
[[Page 965]]
united nations population fund
Sec. 7082. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2018, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation of
any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-dollar Withholding of Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds that
UNFPA is budgeting for the year in which the report is submitted
for a country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
multilateral development bank replenishments
Sec. 7083. (a) The Asian Development Bank Act (22 U.S.C. 285 et
seq.) is amended by adding at the end the following new section:
``SEC. 36. <> ELEVENTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized to
contribute, on behalf of the United States, $189,580,000 to the eleventh
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $189,580,000 for payment by the Secretary of the
Treasury.''.
(b) The International Development Association Act (22 U.S.C. 284 et
seq.) is amended by adding at the end the following new section:
[[Page 966]]
``SEC. 30. <> EIGHTEENTH REPLENISHMENT.
``(a) The United States Governor of the International Development
Association is authorized to contribute on behalf of the United States
$3,291,030,000 to the eighteenth replenishment of the resources of the
Association, subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $3,291,030,000 for payment by the Secretary of
the Treasury.''.
(c) The African Development Fund Act (22 U.S.C. 290g et seq.) is
amended by adding at the end the following new section:
``SEC. 225. <> FOURTEENTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized to
contribute on behalf of the United States $513,900,000 to the fourteenth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $513,900,000 for payment by the Secretary of the
Treasury.''.
rescissions
(including rescission of funds)
Sec. 7084. (a) Of the unobligated balances available to the
President under the heading ``Development Assistance'', as identified by
Treasury Appropriation Fund Symbol 72 X 1021, $23,766,000 are rescinded.
(b) Of the unobligated balances available under the heading ``Export
and Investment Assistance, Export-Import Bank of the United States'' for
carryover under the heading ``Receipts Collected'' in the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235), $10,000,000 are rescinded.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$2,975,971,000, to remain available until September 30, 2019, of which
$2,376,122,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $5,000,000 of the total funds made available under this
heading to any other appropriation of
[[Page 967]]
any department or agency of the United States, upon the concurrence of
the head of such department or agency, to support operations in and
assistance for Afghanistan and to carry out the provisions of the
Foreign Assistance Act of 1961: Provided further, That any such
transfer shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$68,100,000, to remain available until September 30, 2019, of which
$54,900,000 shall be for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight: Provided, That
printing and reproduction costs of SIGAR shall not exceed amounts for
such costs during fiscal year 2017: Provided further, That
notwithstanding any other provision of law, any employee of SIGAR who
completes at least 12 months of continuous service after the date of
enactment of this Act or who is employed on the date on which SIGAR
terminates, whichever occurs first, shall acquire competitive status for
appointment to any position in the competitive service for which the
employee possesses the required qualifications: Provided further, That
such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $71,778,000, to remain available until expended, for
Worldwide Security Upgrades, acquisition, and construction as
authorized: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $96,240,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $967,456,000, to remain available until
September 30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 968]]
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $158,067,000,
to remain available until September 30, 2019: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$2,500,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$1,588,778,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$62,043,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
complex crises fund
For an additional amount for ``Complex Crises Fund'', $20,000,000,
to remain available until expended: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,152,122,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas
[[Page 969]]
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'' to
respond to refugee crises, including in Africa, the Near East, South and
Central Asia, and Europe and Eurasia, $2,431,198,000, to remain
available until expended, except that such funds shall not be made
available for the resettlement costs of refugees in the United States:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $417,951,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $220,583,000, to remain available until
September 30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$325,213,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That funds available for obligation under this heading
in this Act may be used to pay assessed expenses of international
peacekeeping activities in Somalia, subject to the regular notification
procedures of the Committees on Appropriations.
[[Page 970]]
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing Program'',
$460,000,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2018.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations accounts
in this Act shall be available under the authorities and conditions
applicable to such appropriations accounts.
counterterrorism partnerships fund
Sec. 8003. Funds appropriated by this Act under the heading
``Nonproliferation, Anti-terrorism, Demining and Related Programs''
shall be made available for the Counterterrorism Partnerships Fund for
programs in areas liberated from, under the influence of, or adversely
affected by, the Islamic State of Iraq and Syria or other terrorist
organizations: Provided, That such areas shall include the Kurdistan
Region of Iraq: Provided further, That prior to the obligation of funds
made available pursuant to this section, the Secretary of State shall
take all practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such funds: Provided further,
That section 7015(j) of this Act regarding notification of assistance
diverted or destroyed shall apply to funds made available for the
Counterterrorism Partnerships Fund: Provided further, That funds made
available pursuant to this section shall be subject to prior
consultation with the appropriate congressional committees, and the
regular notification procedures of the Committees on Appropriations.
transfer of funds
Sec. 8004. (a) Transfer of Funds Between Accounts.--
(1) Funds appropriated by this title in this Act under the
headings ``Transition Initiatives'', ``Complex Crises Fund'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia
and Central Asia'' may be transferred to, and merged with, funds
appropriated by this title under such headings.
(2) Funds appropriated by this title in this Act under the
headings ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', and ``Foreign
Military
[[Page 971]]
Financing Program'' may be transferred to, and merged with,
funds appropriated by this title under such headings.
(b) Global Security Contingency Fund.--Notwithstanding any other
provision of this section, not to exceed $7,500,000 from funds
appropriated under the headings ``International Narcotics Control and
Law Enforcement'', ``Peacekeeping Operations'', and ``Foreign Military
Financing Program'' by this title in this Act may be transferred to, and
merged with, funds previously made available under the heading ``Global
Security Contingency Fund''.
(c) Limitation.--The transfer authority provided in subsection (a)
may only be exercised to address contingencies.
(d) Notification.--The transfer authority provided by this section
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That such transfer authority is in addition to any transfer authority
otherwise available under any other provision of law, including section
610 of the Foreign Assistance Act of 1961 which may be exercised by the
Secretary of State for the purposes of this title.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018''.
DIVISION L--TRANSPORTATION, <> HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $112,813,000,
of which not to exceed $3,001,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,040,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $20,555,000
shall be available for the Office of the General Counsel; not to exceed
$10,331,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $14,019,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,546,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $29,356,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $2,142,000 shall be available for the Office of Public
Affairs; not to exceed $1,760,000 shall be available for the Office of
the Executive Secretariat; not to exceed $11,318,000 shall be available
for the Office of Intelligence, Security, and Emergency Response; and
not to exceed $16,745,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of Transportation is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such transfers:
Provided further, That notice of any change in funding greater than 7
percent shall
[[Page 972]]
be submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000 shall be
for allocation within the Department for official reception and
representation expenses as the Secretary may determine: Provided
further, That notwithstanding any other provision of law, excluding fees
authorized in Public Law 107-71, there may be credited to this
appropriation up to $2,500,000 in funds received in user fees: Provided
further, That none of the funds provided in this Act shall be available
for the position of Assistant Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $23,465,109, of which $2,618,000
shall remain available until September 30, 2020, and of which
$15,000,000, to remain available until expended, is for new competitive
grants under 49 U.S.C. 5505 to a national center for congestion research
and a national center for infrastructure research: Provided, That such
amounts are in addition to amounts previously provided for such program:
Provided further, That such amounts for additional national centers are
provided notwithstanding 49 U.S.C. 5505(c)(2)(A): Provided further,
That there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training: Provided further, That <> any
reference in law, regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall continue to be
deemed to be a reference to the Office of the Assistant Secretary for
Research and Technology of the Department of Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$1,500,000,000, to remain available through September 30, 2020:
Provided, That the Secretary of Transportation shall distribute funds
provided under this heading as discretionary grants to be awarded to a
State, local government, transit agency, or a collaboration among such
entities on a competitive basis for projects that will have a
significant local or regional impact: Provided further, That projects
eligible for funding provided under this heading shall include, but not
be limited to, highway or bridge projects eligible under title 23,
United States Code; public transportation projects eligible under
chapter 53 of title 49, United States Code; passenger and freight rail
transportation projects; and port infrastructure investments (including
inland port infrastructure and land ports of entry): Provided further,
That of the amount made available under this heading, the Secretary may
use an amount not to exceed $15,000,000 for the planning, preparation or
design of projects eligible for funding under this heading: Provided
further, That grants awarded under the previous proviso shall not be
subject to a minimum grant size: Provided further, That the Secretary
may use up to 20 percent of the funds made available under this heading
for the purpose of paying the subsidy and administrative costs of
projects eligible for Federal credit assistance under chapter 6 of title
23, United States Code, if the Secretary finds that such use of the
funds would advance the purposes of this
[[Page 973]]
paragraph: Provided further, That in distributing funds provided under
this heading, the Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds, an appropriate balance in
addressing the needs of urban and rural areas, and the investment in a
variety of transportation modes: Provided further, That a grant funded
under this heading shall be not less than $5,000,000 and not greater
than $25,000,000: Provided further, That not more than 10 percent of
the funds made available under this heading may be awarded to projects
in a single State: Provided further, That the Federal share of the
costs for which an expenditure is made under this heading shall be, at
the option of the recipient, up to 80 percent: Provided further, That
the Secretary shall give priority to projects that require a
contribution of Federal funds in order to complete an overall financing
package: Provided further, That not less than 30 percent of the funds
provided under this heading shall be for projects located in rural
areas: Provided further, That for projects located in rural areas, the
minimum grant size shall be $1,000,000 and the Secretary may increase
the Federal share of costs above 80 percent: Provided further, That
projects conducted using funds provided under this heading must comply
with the requirements of subchapter IV of chapter 31 of title 40, United
States Code: Provided further, That the Secretary shall conduct a new
competition to select the grants and credit assistance awarded under
this heading: Provided further, That the Secretary may retain up to
$25,000,000 of the funds provided under this heading, and may transfer
portions of those funds to the Administrators of the Federal Highway
Administration, the Federal Transit Administration, the Federal Railroad
Administration, and the Maritime Administration to fund the award and
oversight of grants and credit assistance made under the National
Infrastructure Investments program: Provided further, That none of the
funds provided in the previous proviso may be used to hire additional
personnel: Provided further, That the Secretary shall not use the
Federal share as a selection criteria in awarding projects: Provided
further, That the Secretary shall issue the Notice of Funding
Opportunity under the previous proviso no later than 60 days after
enactment of this Act: Provided further, That the Notice of Funding
Opportunity shall require application submissions 90 days after the
publishing of such Notice: Provided further, That of the applications
submitted under the previous two provisos, the Secretary shall make
grants no later than 270 days after enactment of this Act in such
amounts that the Secretary determines.
national surface transportation and innovative finance bureau
For necessary expenses for the administration of the National
Surface Transportation and Innovative Finance Bureau (the Bureau) within
the Office of the Secretary of Transportation, $3,000,000, to remain
available until expended: Provided, That the Secretary of
Transportation shall use such amount for the necessary expenses to
fulfill the responsibilities of the Bureau, as detailed in section 9001
of the Fixing America's Surface Transportation (FAST) Act (Public Law
114-94) (49 U.S.C. 116): Provided further, That the Secretary is
required to receive the
[[Page 974]]
advance approval of the House and Senate Committees on Appropriations
prior to exercising the authorities of 49 U.S.C. 116(h): Provided
further, That the program be available to other Federal agencies,
States, municipalities and project sponsors seeking Federal
transportation expertise in obtaining financing.
financial management capital
For necessary expenses for upgrading and enhancing the Department of
Transportation's financial systems and re-engineering business
processes, $6,000,000, to remain available through September 30, 2020.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
and implementation of enhanced security controls on network devices,
$15,000,000, to remain available through September 30, 2019.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,500,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $14,000,000: Provided, That
of such amount, $1,500,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department as
provided for under the previous proviso.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $202,245,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the
[[Page 975]]
Department shall be transferred to the Working Capital Fund without
majority approval of the Working Capital Fund Steering Committee and
approval of the Secretary: Provided further, That no assessments may be
levied against any program, budget activity, subactivity or project
funded by this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For necessary expenses of the Minority Business Resource Center, the
provision of financial education outreach activities to eligible
transportation-related small businesses, the monitoring of existing
loans in the guaranteed loan program, and the modification of such loans
of the Minority Business Resource Center, $500,301, as authorized by 49
U.S.C. 332; Provided, That notwithstanding that section, these funds
may be for business opportunities related to any mode of transportation.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain available
until September 30, 2019: Provided, That notwithstanding 49 U.S.C. 332,
these funds may be used for business opportunities related to any mode
of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $155,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in determining
between or among carriers competing to provide service to a community,
the Secretary may consider the relative subsidy requirements of the
carriers: Provided further, That basic essential air service minimum
requirements shall not include the 15-passenger capacity requirement
under subsection 41732(b)(3) of title 49, United States Code: Provided
further, That none of the funds in this Act or any other Act shall be
used to enter into a new contract with a community located less than 40
miles from the nearest small hub airport before the Secretary has
negotiated with the community over a local cost share: Provided
further, That amounts authorized to be distributed for the essential air
service program under subsection 41742(b) of title 49, United States
Code, shall be made available immediately from amounts otherwise
provided to the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such amounts from
fees credited to the account established under section 45303 of title
49, United States Code.
[[Page 976]]
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal administrations
in this Act, except for activities underway on the date of enactment of
this Act, unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of title
49, United States Code, the Department's Working Capital Fund is hereby
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available funds
for transit benefit distribution services that are necessary to carry
out the Federal transit pass transportation fringe benefit program under
Executive Order No. 13150 and section 3049 of Public Law 109-59:
Provided, That the Department shall maintain a reasonable operating
reserve in the Working Capital Fund, to be expended in advance to
provide uninterrupted transit benefits to Government employees:
Provided further, That such reserve will not exceed one month of
benefits payable and may be used only for the purpose of providing for
the continuation of transit benefits: Provided further, That the
Working Capital Fund will be fully reimbursed by each customer agency
from available funds for the actual cost of the transit benefit.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
the lease or purchase of passenger motor vehicles for replacement only,
in addition to amounts made available by Public Law 112-95,
$10,211,754,000, to remain available until September 30, 2019, of which
$8,851,000,000 shall be derived from the Airport and Airway Trust Fund,
of which not to exceed $7,692,786,000 shall be available for air traffic
organization activities; not to exceed $1,310,000,000 shall be available
for aviation safety activities; not to exceed $22,587,000 shall be
available for commercial space transportation activities; not to exceed
$801,506,000 shall be available for finance and management activities;
not to exceed $60,000,000 shall be available for NextGen and operations
planning activities; not to exceed $112,622,000 shall be available for
security and hazardous materials safety; and not
[[Page 977]]
to exceed $212,253,000 shall be available for staff offices: Provided,
That not to exceed 5 percent of any budget activity, except for aviation
safety budget activity, may be transferred to any budget activity under
this heading: Provided further, That no transfer may increase or
decrease any appropriation by more than 5 percent: Provided further,
That any transfer in excess of 5 percent shall be treated as a
reprogramming of funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That <> not later than March 31 of each fiscal year
hereafter, the Administrator of the Federal Aviation Administration
shall transmit to Congress an annual update to the report submitted to
Congress in December 2004 pursuant to section 221 of Public Law 108-176:
Provided further, That the amount herein appropriated shall be reduced
by $100,000 for each day after March 31 that such report has not been
submitted to the Congress: Provided further, That <> not later than March 31 of each fiscal year hereafter, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar to
the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year: Provided
further, That the amount herein appropriated shall be reduced by
$100,000 per day for each day after March 31 that such report has not
been submitted to Congress: Provided further, That funds may be used to
enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be available
for new applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available for the
Federal Aviation Administration to finalize or implement any regulation
that would promulgate new aviation user fees not specifically authorized
by law after the date of the enactment of this Act: Provided further,
That there may be credited to this appropriation, as offsetting
collections, funds received from States, counties, municipalities,
foreign authorities, other public authorities, and private sources for
expenses incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates, including
airman, aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, not less
than $165,000,000 shall be used to fund direct operations of the current
253 air traffic control towers in the contract tower program, including
the contract tower cost share program, and any airport that is currently
qualified or that will qualify for the program during the fiscal year:
Provided further, That not later than 30 days after enactment of this
Act, the Secretary of Transportation shall transmit to Congress the
final disposition of the Benefit Cost Analysis for applications for
participation in the Contract Tower Program and for reevaluation of
Cost-share Program participants pending as of January 1, 2016, as
mandated by section 119C of division K of the Consolidated
Appropriations Act, 2017 (Public Law 115-31): Provided further, That
none of the funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated through,
[[Page 978]]
the Working Capital Fund: Provided further, That none of the funds
appropriated or otherwise made available by this Act or any other Act
may be used to eliminate the Contract Weather Observers program at any
airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of national airspace systems and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of necessary
sites by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations
are not available; and the purchase, lease, or transfer of aircraft from
funds available under this heading, including aircraft for aviation
regulation and certification; to be derived from the Airport and Airway
Trust Fund, $3,250,000,000, of which $498,000,000 shall remain available
until September 30, 2019, $2,602,000,000 shall remain available until
September 30, 2020, and $150,000,000 shall remain available until
expended: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment, improvement, and modernization of national airspace
systems: Provided further, That no later than March 31, the Secretary
of Transportation shall transmit to the Congress an investment plan for
the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2019 through 2023, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$188,926,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2020: Provided, That there may
be credited to this appropriation as offsetting collections, funds
received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development.
[[Page 979]]
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2018, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding section
47109(a) of title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) for subgrants or paragraph
(3) of that section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of funds limited under this
heading, not more than $111,863,000 shall be available for
administration, not less than $15,000,000 shall be available for the
Airport Cooperative Research Program, not less than $33,210,000 shall be
available for Airport Technology Research, and $10,000,000, to remain
available until expended, shall be available and transferred to ``Office
of the Secretary, Salaries and Expenses'' to carry out the Small
Community Air Service Development Program: Provided further, That in
addition to airports eligible under section 41743 of title 49, such
program may include the participation of an airport that serves a
community or consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time the Office of
the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $1,000,000,000,
[[Page 980]]
to remain available through September 30, 2020: Provided, That amounts
made available under this heading shall be derived from the general
fund, and such funds shall not be subject to apportionment formulas,
special apportionment categories, or minimum percentages under chapter
471: Provided further, That the Secretary shall distribute funds
provided under this heading as discretionary grants to airports:
Provided further, That the Secretary shall give priority consideration
to projects at (a) nonprimary airports that are classified as Regional,
Local, or Basic airports and are not located within a Metropolitan or
Micropolitan Statistical Area as defined by the Office of Management and
Budget, or (b) primary airports that are classified as Small or Nonhub
airports: Provided further, That the Federal share payable of the costs
for which a grant is made under this heading to a nonprimary airport
shall be 100 percent: Provided further, That the amount made available
under this heading shall not be subject to any limitation on obligations
for the Grants-in-Aid for Airports program set forth in any Act:
Provided further, That the Administrator of the Federal Aviation
Administration may retain up to 0.5 percent of the funds provided under
this heading to fund the award and oversight by the Administrator of
grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2018.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide to
the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air navigation,
or weather reporting: Provided, That the prohibition of funds in this
section does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for these items
or to grant assurances that require airport sponsors to provide land
without cost to the Federal Aviation Administration for air traffic
control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration
[[Page 981]]
to purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal Aviation
Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request to
the Administrator of the Federal Aviation Administration, a blocking of
that owner's or operator's aircraft registration number from any display
of the Federal Aviation Administration's Aircraft Situational Display to
Industry data that is made available to the public, except data made
available to a Government agency, for the noncommercial flights of that
owner or operator.
Sec. 118. None of the funds in this Act shall be available for
salaries and expenses of more than eight political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119. None of the funds made available under this Act may be
used to increase fees pursuant to section 44721 of title 49, United
States Code, until the Federal Aviation Administration provides to the
House and Senate Committees on Appropriations a report that justifies
all fees related to aeronautical navigation products and explains how
such fees are consistent with Executive Order 13642.
Sec. 119A. None of the funds in this Act may be used to close a
regional operations center of the Federal Aviation Administration or
reduce its services unless the Administrator notifies the House and
Senate Committees on Appropriations not less than 90 full business days
in advance.
Sec. 119B. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 119C. None of the funds provided under this Act may be used by
the Administrator of the Federal Aviation Administration to withhold
from consideration and approval any application for participation in the
Contract Tower Program, or for reevaluation of Cost-share Program
participants, pending as of January 1, 2016, as long as the Federal
Aviation Administration has received an application from the airport,
and as long as the Administrator determines such tower is eligible using
the factors set forth in the Federal Aviation Administration report,
Establishment and Discontinuance Criteria for Airport Traffic Control
Towers (FAA-APO-90-7 as of August, 1990).
Sec. 119D. Notwithstanding any other provision of law, none of the
funds made available in this Act may be obligated or expended to limit
the use of an Organization Designation Authorization's (ODA) delegated
functions documented in its procedures manual on a type certification
project unless the Administrator documents a systemic airworthiness
noncompliance performance issue as a result of inspection or oversight
that the safety of air commerce requires a limitation with regard to a
specific authorization or where an ODA's capability has not been
previously established in terms of a new compliance method or design
feature: Provided,
[[Page 982]]
That in such cases FAA shall work with the ODA holder if requested to
develop the capability to execute that function safely, efficiently and
effectively.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $439,443,925, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of the
Federal Highway Administration. In addition, $3,248,000 shall be
transferred to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds <> available for the implementation
or execution of Federal-aid highway and highway safety construction
programs authorized under titles 23 and 49, United States Code, and the
provisions of the Fixing America's Surface Transportation Act shall not
exceed total obligations of $44,234,212,000 for fiscal year 2018:
Provided, That the Secretary may collect and spend fees, as authorized
by title 23, United States Code, to cover the costs of services of
expert firms, including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of Federal credit
instruments and all or a portion of the costs to the Federal Government
of servicing such credit instruments: Provided further, That such fees
are available until expended to pay for such costs: Provided further,
That such amounts are in addition to administrative expenses that are
also available for such purpose, and are not subject to any obligation
limitation or the limitation on administrative expenses under section
608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $44,973,212,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of Transportation
$2,525,000,000: Provided, That the amounts made available under this
heading shall be derived from the general fund, shall be in
[[Page 983]]
addition to any funds provided for fiscal year 2018 in this or any other
Act for ``Federal-aid Highways'' under chapter 1 of title 23, United
States Code, and shall not affect the distribution or amount of funds
provided in any other Act: Provided further, That section 1101(b) of
Public Law 114-94 shall apply to funds made available under this
heading: Provided further, That of the funds made available under this
heading, $1,980,000,000 shall be set aside for activities eligible under
section 133(b)(1)(A) of title 23, United States Code, $15,800,000 shall
be set aside for activities eligible under the Puerto Rico Highway
Program as described in section 165(b)(2)(C) of such title, $4,200,000
shall be set aside for activities eligible under the Territorial Highway
Program, as described in section 165(c)(6) of such title, and
$300,000,000 shall be set aside for the nationally significant Federal
lands and tribal projects program under section 1123 of the Fixing
America's Surface Transportation (FAST) Act (Public Law 114-94):
Provided further, That the funds made available under this heading for
activities eligible under section 133(b)(1)(A) of title 23, United
States Code, shall be apportioned to the States in the same ratio as the
obligation limitation for fiscal year 2018 is distributed among the
States in section 120(a)(5) of this Act: Provided further, That the
funds made available under this heading for activities eligible under
section 133(b)(1)(A) of title 23, United States Code, shall be
suballocated in the manner described in section 133(d) of such title,
except that the set-aside described in section 133(h) of such title
shall not apply to funds made available under this heading: Provided
further, That the funds made available under this heading for activities
eligible under section 133(b)(1)(A) of such title shall be administered
as if apportioned under chapter 1 of such title and shall remain
available through September 30, 2021: Provided further, That, except as
provided in the following proviso, the funds made available under this
heading for activities eligible under the Puerto Rico Highway Program
and activities eligible under the Territorial Highway Program shall be
administered as if allocated under sections 165(b) and 165(c),
respectively, of such title and shall remain available through September
30, 2021: Provided further, That the funds made available under this
heading for activities eligible under the Puerto Rico Highway Program
shall not be subject to the requirements of sections 165(b)(2)(A) or
165(b)(2)(B) of such title: Provided further, That notwithstanding
section 1123(h) of the FAST Act, the funds made available under this
heading for the nationally significant Federal lands and tribal projects
program in section 1123 of such Act shall remain available until
expended: Provided further, That of the funds made available under this
heading, $225,000,000, to remain available through September 30, 2021,
shall be set aside for a competitive highway bridge program for States
that have a population density of less than 100 individuals per square
mile: Provided further, That the funds made available by the previous
proviso shall be (1) used for highway bridge replacement or
rehabilitation projects on public roads that demonstrate cost savings by
bundling multiple highway bridge projects and (2) administered as if
apportioned under chapter 1 of title 23, United States Code: Provided
further, That for purpose of the previous two provisos, the Secretary
shall calculate population density figures based on the latest available
data from the decennial census conducted under section 141(a) of title
13, United States Code.
[[Page 984]]
administrative provisions--federal highway administration
Sec. 120. (a) <> For fiscal year 2018, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums authorized
to be appropriated for provisions of law described in
paragraphs (1) through (11) of subsection (b) and sums
authorized to be appropriated for section 119 of title
23, United States Code, equal to the amount referred to
in subsection (b)(12) for such fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America's Surface Transportation
Act and title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from
[[Page 985]]
the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned under
title 23, United States Code, to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations under
or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act
of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act
for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2018, only in an amount equal
to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment
[[Page 986]]
of Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface
Transportation Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for the
purpose of reimbursing the Bureau for such expenses: Provided, That
such funds shall be subject to the obligation limitation for Federal-aid
highway and highway safety construction programs.
Sec. 122. Not <> less than 15 days prior
to waiving, under his or her statutory authority, any Buy America
requirement for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and comment
opportunity on the intent to issue such waiver and the reasons therefor:
Provided, That the Secretary shall provide an annual report to the
House and Senate Committees on Appropriations on any waivers granted
under the Buy America requirements.
Sec. 123. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to
[[Page 987]]
provide credit assistance under sections 603 and 604 of title 23, United
States Code, the Secretary of Transportation provides notification in
writing to the following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but
not be limited to, the name of the project sponsor; a description of the
project; whether credit assistance will be provided as a direct loan,
loan guarantee, or line of credit; and the amount of credit assistance.
Sec. 124. None of the funds in this Act may be used to make a grant
for a project under section 117 of title 23, United States Code, unless
the Secretary, at least 60 days before making a grant under that
section, provides written notification to the House and Senate
Committees on Appropriations of the proposed grant, including an
evaluation and justification for the project and the amount of the
proposed grant award: Provided, That the written notification required
in the previous proviso shall be made no later than 180 days after
enactment of this Act.
Sec. 125. For this fiscal year, the Federal Highway Administration
shall reinstate Interim Approval IA-5, relating to the provisional use
of an alternative lettering style on certain highway guide signs, as it
existed before its termination, as announced in the Federal Register on
January 25, 2016 (81 Fed. Reg. 4083).
Sec. 126. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located within
the boundary of the State or territory any earmarked amount, and any
associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked amount
was originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this section and
submits a quarterly report to the Secretary identifying the projects to
which the funding would be applied. Notwithstanding the original period
of availability of funds to be obligated under this section, such funds
and associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal year in which
the Secretary of Transportation is notified. The Federal share of the
cost of a project carried out with funds made available under this
section shall be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives identified in a prior law,
report, or joint explanatory statement, which was authorized to
be appropriated or appropriated more than 10 fiscal years prior
to the current fiscal year, and administered by the Federal
Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10
[[Page 988]]
percent of the amount made available for obligation as of October 1 of
the current fiscal year, and shall be applied to projects within the
same general geographic area within 50 miles for which the funding was
designated, except that a State or territory may apply such authority to
unexpended balances of funds from projects or activities the State or
territory certifies have been closed and for which payments have been
made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter to the
House and Senate Committees on Appropriations.
Sec. 127. Section 127 of title 23, United States Code, is amended
by adding at the end the following:
``(u) Vehicles in North Dakota.--A vehicle limited or prohibited
under this section from operating on a segment of the Interstate System
in the State of North Dakota may operate on such a segment if such
vehicle--
``(1) has a gross vehicle weight of 129,000 pounds or less;
``(2) other than gross vehicle weight, complies with the
single axle, tandem axle, and bridge formula limits set forth in
subsection (a); and
``(3) is authorized to operate on such segment under North
Dakota State law.''.
Sec. 128. Section 1105(c)(89) of Public Law 102-240, as amended, is
amended to read as follows:
``(89) I-57 Corridor Extension as follows: In Arkansas, the
corridor shall follow United States Route 67 in North Little
Rock, Arkansas, from I-40 to United States Route 412, then
continuing generally northeast to the State line, and in
Missouri, the corridor shall continue generally north from the
Arkansas State line to Poplar Bluff, Missouri, and then follow
United States Route 60 to I-57.''.
Sec. 129. Section 1012(e) of Public Law 102-240 is amended by
inserting ``(1)'' before ``Notwithstanding'' and adding at the end the
following:
``(2) Upon the request of any State Department of
Transportation that was authorized to enter into a tolling
agreement under section 120(c) of Public Law 100-17 (101 STAT.
159), the Secretary is authorized to modify the agreement
entered into under Public Law 100-17, as follows. The Secretary
shall authorize the use of excess toll revenues for any other
purpose for which Federal funds may be obligated under title 23,
United States Code, provided the State--
``(A) certifies annually that the tolled facility is
being adequately maintained; and
``(B) agrees to comply with the audit requirements
in section 129(a)(3)(B) of title 23, United States Code.
``(3) For the purposes of paragraph (2), `excess toll
revenues' means revenues in excess of amounts necessary for
operation and maintenance; debt service; reasonable return on
investment of any private person or entity that may be
authorized by the State to operate and maintain the facility;
and any cost necessary for improvement, including
reconstruction, resurfacing, restoration, and rehabilitation.''.
Sec. 129A. Section 127(a)(10) of title 23, United States Code, is
amended to read--
``(10) With respect to Interstate Routes 89, 93, and 95 in
the State of New Hampshire--
[[Page 989]]
``(A) State laws (including regulations) concerning
vehicle weight limitations that were in effect on
January 1, 1987, and are applicable to State highways
other than the Interstate System, shall be applicable in
lieu of the requirements of this subsection; and
``(B) effective June 30, 2016, a combination of
truck-tractor and dump trailer equipped with 6 axles or
more with a gross weight of up to 99,000 pounds shall be
permitted if the distances between the extreme axles,
excluding the steering axle, is 28 feet or more.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation, execution
and administration of motor carrier safety operations and programs
pursuant to section 31110 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $283,000,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account), together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which shall
remain available until expended: Provided, That funds available for
implementation, execution or administration of motor carrier safety
operations and programs authorized under title 49, United States Code,
shall not exceed total obligations of $283,000,000 for ``Motor Carrier
Safety Operations and Programs'' for fiscal year 2018, of which
$9,073,000, to remain available for obligation until September 30, 2020,
is for the research and technology program, and of which $34,824,000, to
remain available for obligation until September 30, 2020, is for
information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $374,800,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $374,800,000 in fiscal
year 2018 for ``Motor Carrier Safety Grants''; of which $298,900,000
shall be available
[[Page 990]]
for the motor carrier safety assistance program, $31,800,000 shall be
available for the commercial driver's license program implementation
program, $43,100,000 shall be available for the high priority activities
program, and $1,000,000 shall be available for the commercial motor
vehicle operators grant program: Provided further, That of the
unobligated amounts provided for Commercial Vehicle Information Systems
Network Development or other Motor Carrier Safety grants in the
Transportation Equity Act for the 21st Century (Public Law 105-178),
SAFETEA-LU (Public Law 109-59), or other appropriation or authorization
acts prior to fiscal year 2017, $87,000,000 in additional obligation
limitation is provided for the modernization and maintenance of border
facilities, and shall remain available until September 30, 2022:
Provided further, That of the unobligated amounts provided for
Commercial Vehicle Information Systems Network Development or other
Motor Carrier Safety grants in the Transportation Equity Act for the
21st Century (Public Law 105-178), SAFETEA-LU (Public Law 109-59), or
other appropriation or authorization acts prior to fiscal year 2017,
$100,000,000 in additional obligation limitation is provided for a
highly automated vehicle research and development program and shall
remain available until expended, of which not less than $60,000,000
shall be for demonstration grants, and of which not less than
$38,000,000 shall be for research activities: Provided further, That
the activities funded by the previous proviso may be accomplished
through direct expenditure, direct research activities, grants,
cooperative agreements, contracts, intra or interagency agreements, or
other agreements with public organizations: Provided further, That such
amounts, payments, and obligation limitation as may be necessary to
carry out highly automated vehicle research and development program
activities may be transferred and credited to appropriate accounts of
other participating Federal agencies: Provided further, That
$187,000,000 for payment of obligations incurred in carrying out this
section shall be derived from the Highway Trust Fund (other than the
Mass Transit Account), to be available until expended.
administrative provisions--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of Public
Law 107-87 and section 6901 of Public Law 110-28.
Sec. 131. The Federal Motor Carrier Safety Administration shall
send notice of 49 CFR section 385.308 violations by certified mail,
registered mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the violations.
Sec. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the Emergency
Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or insects.
[[Page 991]]
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code, $189,075,000,
of which $40,000,000 shall remain available through September 30, 2019.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, section 4011 of the FAST Act (Public Law 114-94), and
chapter 303 of title 49, United States Code, $149,000,000, to be derived
from the Highway Trust Fund (other than the Mass Transit Account) and to
remain available until expended: Provided, That none of the funds in
this Act shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2018, are in excess of
$149,000,000, of which $143,700,000 shall be for programs authorized
under 23 U.S.C. 403 and $5,300,000 shall be for the National Driver
Register authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $149,000,000 obligation limitation for
operations and research, $20,000,000 shall remain available until
September 30, 2019, and shall be in addition to the amount of any
limitation imposed on obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of 23
U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing America's
Surface Transportation Act, to remain available until expended,
$597,629,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account): Provided, That none of the funds in this Act
shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2018, are in excess of
$597,629,000 for programs authorized under 23 U.S.C. 402, 404, and 405,
and section 4001(a)(6) of the Fixing America's Surface Transportation
Act, of which $261,200,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402; $280,200,000 shall be for ``National Priority
Safety Programs'' under 23 U.S.C. 405; $29,900,000 shall be for ``High
Visibility Enforcement Program'' under 23 U.S.C. 404; $26,329,000 shall
be for ``Administrative Expenses'' under section 4001(a)(6) of the
Fixing America's Surface Transportation Act: Provided further, That
none of these
[[Page 992]]
funds shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State, local or
private buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for ``National Priority Safety
Programs'' under 23 U.S.C. 405 for ``Impaired Driving Countermeasures''
(as described in subsection (d) of that section) shall be available for
technical assistance to the States: Provided further, That with respect
to the ``Transfers'' provision under 23 U.S.C. 405(a)(8), any amounts
transferred to increase the amounts made available under section 402
shall include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and Senate
Committees on Appropriations of any exercise of the authority granted
under the previous proviso or under 23 U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall not
apply to obligations for which obligation authority was made available
in previous public laws but only to the extent that the obligation
authority has not lapsed or been used.
Sec. 142. None of the funds made available by this Act may be used
to obligate or award funds for the National Highway Traffic Safety
Administration's National Roadside Survey.
Sec. 143. None of the funds made available by this Act may be used
to mandate global positioning system (GPS) tracking in private passenger
motor vehicles without providing full and appropriate consideration of
privacy concerns under 5 U.S.C. chapter 5, subchapter II.
Sec. 144. In addition to the amounts made available under the
heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
carrying out the provisions of section 403 of title 23, United States
Code, $11,500,000, to remain available until September 30, 2019, shall
be made available to the National Highway Traffic Safety Administration
from the general fund, of which not to exceed $5,000,000 shall be
available to provide funding for grants, pilot program activities, and
innovative solutions to reduce alcohol-impaired-driving fatalities and
other causes of the recent increase in highway fatalities from impaired
driving in collaboration with eligible entities under section 403 of
title 23, United States Code, and not to exceed $6,500,000 shall be
available to continue a high visibility enforcement paid-media campaign
regarding highway-rail grade crossing safety in collaboration with the
Federal Railroad Administration.
[[Page 993]]
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $221,698,000, of which $15,900,000 shall remain
available until expended, and of which up to $350,000 shall be available
for the Secretary of Transportation to assist Class II and Class III
railroads in preparing to apply and applying for direct loans and loan
guarantees for eligible projects pursuant to sections 501 through 504 of
the Railroad Revitalization and Regulatory Reform Act of 1976 (Public
Law 94-210) to also remain available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
For the cost of direct loans and loan guarantees pursuant to
sections 501 through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), as amended, $25,000,000, to
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided further,
That the Secretary of Transportation is authorized to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, such authority shall exist as long as any such direct loan or
loan guarantee is outstanding: Provided further, That, for direct loans
and loan guarantees issued pursuant to sections 501 through 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended, the Secretary, in consultation with the Director of
the Office of Management and Budget, not later than 120 days after the
date of enactment of this Act, shall define each cohort as the loans
provided for that fiscal year, creating individual fiscal year cohorts
for each fiscal year in which a loan was provided from the date of
enactment of Public Law 105-178 to the date of enactment of Public Law
114-94: Provided further, That, when all obligations attached to a
cohort as defined under the previous proviso have been satisfied, the
Secretary shall repay the credit risk premiums of loans in the cohort,
with interest accrued thereon, not later than 180 days after the date of
enactment of this Act or, for a cohort with obligations that have not
yet been satisfied, not later than 60 days after the date on which all
obligations attached to the cohort have been satisfied: Provided
further, That the Secretary shall not treat the repayment of a loan
after the date of enactment of Public Law 114-94 as precluding,
limiting, or negatively affecting the satisfaction of the obligation of
its cohort for a fiscal year prior to the enactment of Public Law 114-
94.
[[Page 994]]
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership for
State of Good Repair Grants as authorized by section 24911 of title 49,
United States Code, $250,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of award and project
management oversight of grants carried out under section 24911 of title
49, United States Code: Provided further, That section 24911(e)(1) of
title 49, United States Code, is amended by striking ``transportation''
and inserting ``transportation at the eligible project location''.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants, as authorized by section 24407 of title
49, United States Code, $592,547,000, to remain available until
expended, of which $250,000,000 shall be available for eligible projects
under section 24407(c)(1) of title 49, United States Code, for the
implementation of positive train control systems, and of which
$35,547,000 shall be available for eligible projects under section
24407(c)(2) of title 49, United States Code, that contribute to the
initiation or restoration of intercity passenger rail service:
Provided, That the Secretary shall not preclude projects from
consideration for funding under the previous proviso due to a lack of
agreement among the funding recipients, operator, and host railroad
regarding access to and use of the host railroad facilities, if an
agreement or order for the use of such facilities may occur under
section 24308 of title 49, United States Code: Provided further, That
section 24405(f) of title 49, United States Code, shall not apply to
projects for the implementation of positive train control systems
otherwise eligible under section 24407(c)(1) of title 49, United States
Code: Provided further, That amounts available under this heading for
projects selected for commuter rail passenger transportation may be
transferred by the Secretary, after selection, to the appropriate
agencies to be administered in accordance with chapter 53 of title 49,
United States Code: Provided further, That the Secretary shall not
limit eligible projects from consideration for funding for planning,
engineering, environmental, construction, and design elements of the
same project in the same application: Provided further, That
unobligated balances remaining after four years from the date of
enactment may be used for any eligible project under section 24407(c) of
title 49, United States Code: Provided further, That the Secretary may
withhold up to one percent of the amount provided under this heading for
the costs of award and project management oversight of grants carried
out under section 24407 of title 49, United States Code.
restoration and enhancement
For necessary expenses related to Restoration and Enhancement
Grants, as authorized by section 24408 of title 49, United States Code,
$20,000,000, to remain available until expended: Provided, That the
Secretary may withhold up to one percent of the funds provided under
this heading to fund the costs of award and project management and
oversight.
[[Page 995]]
northeast corridor grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$650,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under both this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading to fund the costs of
project management and oversight of activities authorized by section
11101(c) of division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized under
section 11101(c) of division A of Public Law 114-94, the Secretary may
retain up to an additional $5,000,000 of the funds provided under this
heading to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code: Provided further, That of the amounts made available under this
heading and the ``National Network Grants to the National Railroad
Passenger Corporation'' heading, not less than $50,000,000 shall be made
available to bring Amtrak-served facilities and stations into compliance
with the Americans with Disabilities Act.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,291,600,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided under this heading to fund expenses associated with the State-
Supported Route Committee established under section 24712 of title 49,
United States Code: Provided further, That up to $5,000,000 of the
amount provided under this heading shall be available for costs
associated with any matters Amtrak may elect to bring before the Surface
Transportation Board related to passenger rail service: Provided
further, That at least $50,000,000 of the amount provided under this
heading shall be available for the development, installation and
operation of railroad safety technology, including the implementation of
a positive train control system, on State-supported routes as defined
under section 24102(13) of title 49, United States Code, on which
positive train control systems are not required by law or regulation.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: Provided, That the President of
Amtrak may waive the cap set in the previous proviso for specific
employees when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency
[[Page 996]]
of the system: Provided further, That the President of Amtrak shall
report to the House and Senate Committees on Appropriations each quarter
within 30 days of such quarter of the calendar year on waivers granted
to employees and amounts paid above the cap for each month within such
quarter and delineate the reasons each waiver was granted: Provided
further, That the President of Amtrak shall report to the House and
Senate Committees on Appropriations within 60 days of enactment of this
Act, a summary of all overtime payments incurred by the Corporation for
2017 and the three prior calendar years: Provided further, That such
summary shall include the total number of employees that received
waivers and the total overtime payments the Corporation paid to those
employees receiving waivers for each month for 2017 and for the three
prior calendar years.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $113,165,000: Provided, That none of the funds provided or
limited in this Act may be used to create a permanent office of transit
security under this heading: Provided further, That upon submission to
the Congress of the fiscal year 2019 President's budget, the Secretary
of Transportation shall transmit to Congress the annual report on New
Starts, including proposed allocations for fiscal year 2019.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act, and
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,300,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for the
implementation or execution of programs authorized under 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act, and
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, shall not exceed total
obligations of $9,733,353,407 in fiscal year 2018: Provided further,
That the Federal share of the cost of activities carried out under
section 5312 shall not exceed 80 percent, except that if there is
substantial public interest or benefit, the Secretary may approve a
greater Federal share.
[[Page 997]]
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339 of title 49, United States Code, state of good repair
grants under section 5337 of such title, high density state
apportionments under section 5340(d) of such title, and the bus testing
facilities under sections 5312 and 5318 of such title, $834,000,000 to
remain available until expended: Provided, That $400,000,000 shall be
available for grants as authorized under section 5339 of such title, of
which $209,104,000 shall be available for the buses and bus facilities
formula grants as authorized under section 5339(a) of such title,
$161,446,000 shall be available for the buses and bus facilities
competitive grants as authorized under section 5339(b) of such title,
and $29,450,000 shall be available for the low or no emission grants as
authorized under section 5339(c) of such title: Provided further, That
$400,000,000 shall be available for the state of good repair grants as
authorized under section 5337 of such title: Provided further, That
$30,000,000 shall be available for the high density state apportionments
as authorized under section 5340(d) of such title: Provided further,
That $2,000,000 shall be available for the bus testing facility as
authorized under section 5318 of such title: Provided further, That
notwithstanding section 5318(a) of such title, $2,000,000 shall be
available for the operation and maintenance of bus testing facilities by
institutions of higher education selected pursuant to section 5312(h) of
such title: Provided further, That the Secretary shall enter into a
contract or cooperative agreement with, or make a grant to, each
institution of higher education selected pursuant to section 5312(h) of
such title, to operate and maintain a facility to conduct the testing of
low or no emission vehicle new bus models using the standards
established pursuant to section 5318(e)(2) of such title: Provided
further, That the term ``low or no emission vehicle'' has the meaning
given the term in section 5312(e)(6) of such title: Provided further,
That the Secretary shall pay 80 percent of the cost of testing a low or
no emission vehicle new bus model at each selected institution of higher
education: Provided further, That the entity having the vehicle tested
shall pay 20 percent of the cost of testing: Provided further, That a
low or no emission vehicle new bus model tested that receives a passing
aggregate test score in accordance with the standards established under
section 5318(e)(2) of such title, shall be deemed to be in compliance
with the requirements of section 5318(e) of such title: Provided
further, That amounts made available by this heading shall be derived
from the general fund: Provided further, That the amounts made
available under this heading shall not be subject to any limitation on
obligations for transit programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
$2,644,960,000 to remain available until September 30, 2021: Provided,
That of the amounts made available under this heading, $2,252,508,586
shall be obligated by December 31, 2019: Provided
[[Page 998]]
further, That $5,050,000 from unobligated amounts appropriated for the
buses and bus facilities program under section 5309 of such title from
fiscal years 2000 to 2005 shall remain available until September 30,
2021 to carry out section 5309: Provided further, That of the amounts
made available under this heading, $1,506,910,000 shall be available for
projects authorized under section 5309(d) of such title, $715,700,000
shall be available for projects authorized under section 5309(e) of such
title, $400,900,000 shall be available for projects authorized under
section 5309(h) of such title: Provided further, That the Secretary
shall continue to administer the capital investment grant program in
accordance with the procedural and substantive requirements of section
5309 of such title.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan Area
Transit Authority only after receiving and reviewing a request for each
specific project: Provided further, That prior to approving such
grants, the Secretary shall certify that the Washington Metropolitan
Area Transit Authority is making progress to improve its safety
management system in response to the Federal Transit Administration's
2015 safety management inspection: Provided further, That the Secretary
shall determine that the Washington Metropolitan Area Transit Authority
has placed the highest priority on those investments that will improve
the safety of the system before approving such grants: Provided
further, That the Secretary, in order to ensure safety throughout the
rail system, may waive the requirements of section 601(e)(1) of division
B of Public Law 110-432.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under 49
U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2017, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure, may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 162. (a) Except as provided in subsection (b), none of the
funds in this or any other Act may be available to advance in any way a
new light or heavy rail project towards a full funding grant agreement
as defined by 49 U.S.C. 5309 for the Metropolitan Transit Authority of
Harris County, Texas if the proposed capital project is constructed on
or planned to be constructed on Richmond Avenue west of South Shepherd
Drive or on Post Oak Boulevard north of Richmond Avenue in Houston,
Texas.
(b) The Metropolitan Transit Authority of Harris County, Texas, may
attempt to construct or construct a new fixed guideway capital
[[Page 999]]
project, including light rail, in the locations referred to in
subsection (a) if--
(1) voters in the jurisdiction that includes such locations
approve a ballot proposition that specifies routes on Richmond
Avenue west of South Shepherd Drive or on Post Oak Boulevard
north of Richmond Avenue in Houston, Texas; and
(2) the proposed construction of such routes is part of a
comprehensive, multi-modal, service-area wide transportation
plan that includes multiple additional segments of fixed
guideway capital projects, including light rail for the
jurisdiction set forth in the ballot proposition. The ballot
language shall include reasonable cost estimates, sources of
revenue to be used and the total amount of bonded indebtedness
to be incurred as well as a description of each route and the
beginning and end point of each proposed transit project.
Sec. 163. Notwithstanding any other provision of law, none of the
funds made available in this Act shall be used to enter into a full
funding grant agreement for a project with a New Starts share greater
than 51 percent.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying out
the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities of those portions of the St. Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence Seaway
Development Corporation, $40,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662: Provided, That
of the amounts made available under this heading, not less than
$19,500,000 shall be used on asset renewal activities and shall remain
available through September 30, 2020.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$300,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $513,642,000, of which $22,000,000 shall remain
available until expended for maintenance and repair of training
[[Page 1000]]
ships at State Maritime Academies, and of which $300,000,000 shall
remain available until expended for the National Security Multi-Mission
Vessel Program, including funds for construction, planning,
administration, and design of school ships in accordance with section
3505 of Public Law 114-328, as applicable, with unobligated balances
from previous appropriations for the National Security Multi-Mission
Vessel Program also available for and merged into this appropriation;
and of which $2,400,000 shall remain available through September 30,
2019, for the Student Incentive Program at State Maritime Academies, and
of which $1,800,000 shall remain available until expended for training
ship fuel assistance payments, and of which $52,000,000 shall remain
available until expended for facilities maintenance and repair,
equipment, and capital improvements at the United States Merchant Marine
Academy, and of which $3,000,000 shall remain available through
September 30, 2019, for Maritime Environment and Technology Assistance
program authorized under section 50307 of title 46, United States Code,
and of which $7,000,000 shall remain available until expended for the
Short Sea Transportation Program (America's Marine Highways) to make
grants for the purposes authorized under sections 55601(b)(1) and (3) of
title 46, United States Code: Provided, That not later than January 12,
2019, the Administrator of the Maritime Administration shall transmit to
the House and Senate Committees on Appropriations the annual report on
sexual assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3507 of Public Law 110-
417.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, as amended by Public Law 113-281,
$20,000,000 to remain available until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$116,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, $30,000,000, of which $27,000,000
shall remain available until expended: Provided, That such costs,
including the costs of modifying such loans, shall be defined in section
502 of the Congressional Budget Act of 1974, as amended: Provided
further, That not to exceed $3,000,000 shall be for administrative
expenses to carry out the guaranteed loan program, which shall be
transferred to and merged with the appropriations for ``Operations and
Training'', Maritime Administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy
[[Page 1001]]
involving Government property under control of the Maritime
Administration: Provided, That payments received therefor shall be
credited to the appropriation charged with the cost thereof and shall
remain available until expended: Provided further, That rental payments
under any such lease, contract, or occupancy for items other than such
utilities, services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Sec. 171. None of the funds available or appropriated in this Act
shall be used by the United States Department of Transportation or the
United States Maritime Administration to negotiate or otherwise execute,
enter into, facilitate or perform fee-for-service contracts for vessel
disposal, scrapping or recycling, unless there is no qualified domestic
ship recycler that will pay any sum of money to purchase and scrap or
recycle a vessel owned, operated or managed by the Maritime
Administration or that is part of the National Defense Reserve Fleet:
Provided, That such sales offers must be consistent with the
solicitation and provide that the work will be performed in a timely
manner at a facility qualified within the meaning of section 3502 of
Public Law 106-398: Provided further, That nothing contained herein
shall affect the Maritime Administration's authority to award contracts
at least cost to the Federal Government and consistent with the
requirements of 54 U.S.C. 308704, section 3502, or otherwise authorized
under the Federal Acquisition Regulation.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $23,000,000: Provided, That the
Secretary <> of Transportation shall issue a
final rule to expand the applicability of comprehensive oil spill
response plans within 5 days of enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety Administration,
$59,000,000, of which $7,570,000 shall remain available until September
30, 2020: Provided, That up to $800,000 in fees collected under 49
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
[[Page 1002]]
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $162,000,000,
of which $23,000,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September 30, 2020; and of which
$131,000,000 shall be derived from the Pipeline Safety Fund, of which
$64,736,000 shall remain available until September 30, 2020; and of
which $8,000,000 shall be derived from fees collected under 49 U.S.C.
60302 and deposited in the Underground Natural Gas Storage Facility
Safety Account for the purpose of carrying out 49 U.S.C. 60141 and shall
remain available until September 30, 2020: Provided, That not less than
$1,058,000 of the funds provided under this heading shall be for the
One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
Notwithstanding the fiscal year limitation specified in 49 U.S.C.
5116, not more than $28,318,000 shall be made available for obligation
in fiscal year 2018 from amounts made available by 49 U.S.C. 5116(h),
and 5128(b) and (c): Provided, That notwithstanding 49 U.S.C.
5116(h)(4), not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs: Provided
further, That none of the funds made available by 49 U.S.C. 5116(h),
5128(b), or 5128(c) shall be made available for obligation by
individuals other than the Secretary of Transportation, or his or her
designee.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $92,152,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation: Provided further, That the funds made
available under this heading may be used to investigate, pursuant to
section 41712 of title 49, United States Code: (1) unfair or deceptive
practices and unfair methods of competition by domestic and foreign air
carriers and ticket agents; and (2) the compliance of domestic and
foreign air carriers with respect to item (1) of this proviso.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business;
and uniforms or allowances therefor, as authorized by law (5 U.S.C.
5901-5902).
[[Page 1003]]
(b) During the current fiscal year, applicable appropriations to the
Department and its operating administrations shall be available for the
purchase, maintenance, operation, and deployment of unmanned aircraft
systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by the
Department prior to the enactment of this Act shall be deemed
authorized.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C. 2725(3))
obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 183. None of the funds in this Act shall be available for
salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan guarantee,
line of credit, or discretionary grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement is announced by the
Department or its modal administrations: Provided, That the Secretary
gives concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
(b) In addition to the notification required in subsection (a), none
of the funds made available in this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, cooperative agreement or discretionary grant unless the
Secretary of Transportation provides the House and Senate Committees on
Appropriations a comprehensive list of all such loans, loan guarantees,
lines of credit, cooperative agreement or discretionary grants that will
be announced not less the 3 full business days before such announcement:
Provided, That the
[[Page 1004]]
requirement to provide a list in this subsection does not apply to any
``quick release'' of funds from the emergency relief program: Provided
further, That no list shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available in this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Improper Payments Information Act of 2002: Provided, That
amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and period
for which such appropriations are available: Provided
further, That where specific project or accounting
information associated with the improper payment or
payments is not readily available, the Secretary may
credit an appropriate account, which shall be available
for the purposes and period associated with the account
so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further, That prior to the transfer
of any such recovery to an appropriations account, the
Secretary shall notify the House and Senate Committees
on Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payments'' has the same
meaning as that provided in section 2(d)(2) of Public
Law 107-300.
Sec. 188. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming action
that requires notice to be provided to the House and Senate Committees
on Appropriations, transmission of said reprogramming notice shall be
provided solely to the House and Senate Committees on Appropriations,
and said reprogramming action shall be approved or denied solely by the
House and Senate Committees on Appropriations: Provided, That the
Secretary of Transportation may provide notice to other congressional
committees of the action of the House and Senate Committees on
Appropriations on such reprogramming but not sooner than 30 days
following the date on which the reprogramming action has been
[[Page 1005]]
approved or denied by the House and Senate Committees on Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for the
costs related to assessments or reimbursable agreements only when such
amounts are for the costs of goods and services that are purchased to
provide a direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 191. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49
U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other
hiring preference not otherwise authorized by law, or to amend a rule,
regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does not
delay or displace any transportation project in the applicable
Statewide Transportation Improvement Program or Transportation
Improvement Program.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2018''.
TITLE <> II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $14,708,000:
Provided, That not to exceed $19,876 of the amount made available under
this heading shall be available to the Secretary for official reception
and representation expenses as the Secretary may determine.
[[Page 1006]]
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $518,303,000, of which $52,200,000 shall be available for the
Office of the Chief Financial Officer; $95,400,000 shall be available
for the Office of the General Counsel; $204,253,000 shall be available
for the Office of Administration; $39,300,000 shall be available for the
Office of the Chief Human Capital Officer; $53,500,000 shall be
available for the Office of Field Policy and Management; $19,500,000
shall be available for the Office of the Chief Procurement Officer;
$3,800,000 shall be available for the Office of Departmental Equal
Employment Opportunity; $4,950,000 shall be available for the Office of
Strategic Planning and Management; and $45,400,000 shall be available
for the Office of the Chief Information Officer: Provided, That funds
provided under this heading may be used for necessary administrative and
non-administrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of uniforms,
or allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; and services as authorized by 5 U.S.C. 3109:
Provided further, That notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising and
promotional activities that directly support program activities funded
in this title: Provided further, That the Secretary shall provide the
House and Senate Committees on Appropriations quarterly written
notification regarding the status of pending congressional reports:
Provided further, That the Secretary shall provide in electronic form
all signed reports required by Congress: Provided further, That within
30 days of enactment of this Act, the Secretary shall submit to the
House and Senate Committees on Appropriations organization charts
reflecting the Department's and each office's structure (to the branch
level) on October 1, 2017 and on the date of enactment of this Act.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public and
Indian Housing, $216,633,000.
community planning and development
For necessary salaries and expenses of the Office of Community
Planning and Development, $107,554,000.
housing
For necessary salaries and expenses of the Office of Housing,
$383,000,000.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $24,065,000.
[[Page 1007]]
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair Housing
and Equal Opportunity, $69,808,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead Hazard
Control and Healthy Homes, $7,600,000.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and Urban
Development (referred to in this paragraph as the ``Fund''), pursuant,
in part, to section 7(f) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(f)), amounts transferred to the Fund
under this heading shall be available for Federal shared services used
by offices and agencies of the Department, and for such portion of any
office or agency's printing, records management, space renovation,
furniture, or supply services as the Secretary determines shall be
derived from centralized sources made available by the Department to all
offices and agencies and funded through the Fund: Provided, That of the
amounts made available in this title for salaries and expenses under the
headings ``Executive Offices'', ``Administrative Support Offices'',
``Program Office Salaries and Expenses'', and ``Government National
Mortgage Association'', the Secretary shall transfer to the Fund such
amounts, to remain available until expended, as are necessary to fund
services, specified in the matter preceding the first proviso, for which
the appropriation would otherwise have been available, and may transfer
not to exceed an additional $5,000,000, in aggregate, from all such
appropriations, to be merged with the Fund and to remain available until
expended for use for any office or agency: Provided further, That
amounts in the Fund shall be the only amounts available to each office
or agency of the Department for the services, or portion of services,
specified in the matter preceding the first proviso: Provided further,
That with respect to the Fund, the authorities and conditions under this
heading shall supplement the authorities and conditions provided under
section 7(f).
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $18,015,000,000, to remain available until
expended, shall be available on October 1, 2017 (in addition to the
$4,000,000,000 previously appropriated under this heading that shall be
available on October 1, 2017), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2018: Provided, That
the amounts made available under this heading are provided as follows:
(1) $19,600,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
[[Page 1008]]
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision of
law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2018 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary, by
notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection, HOPE VI, and Choice Neighborhoods vouchers:
Provided further, That none of the funds provided under this
paragraph may be used to fund a total number of unit months
under lease which exceeds a public housing agency's authorized
level of units under contract, except for public housing
agencies participating in the MTW demonstration, which are
instead governed by the terms and conditions of their MTW
agreements: Provided further, That the Secretary shall, to the
extent necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this paragraph),
prorate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further, That
except as provided in the following provisos, the entire amount
specified under this paragraph (except as otherwise modified
under this paragraph) shall be obligated to the public housing
agencies based on the allocation and pro rata method described
above, and the Secretary shall notify public housing agencies of
their annual budget by the latter of 60 days after enactment of
this Act or March 1, 2018: Provided further, That the Secretary
may extend the notification period with the prior written
approval of the House and Senate Committees on Appropriations:
Provided further, That public housing agencies participating in
the MTW demonstration shall be funded pursuant to their MTW
agreements and shall be subject to the same pro rata adjustments
under the previous provisos: Provided further, That the
Secretary may offset public housing agencies' calendar year 2018
allocations based on the excess amounts of public housing
agencies' net restricted assets accounts, including HUD-held
programmatic reserves (in accordance with VMS data in calendar
year 2017 that is verifiable and complete), as determined by the
Secretary: Provided further, That public housing agencies
participating in the MTW demonstration shall also be subject to
the offset, as determined by the Secretary, excluding amounts
subject to the single fund budget authority provisions of their
MTW agreements, from the agencies' calendar year 2018 MTW
funding allocation: Provided further, That the Secretary shall
use any offset referred to in the previous two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or reduce
the proration of renewal funding allocations: Provided further,
That up to $75,000,000 shall be available only: (1) for
adjustments in the allocations for public housing agencies,
after application
[[Page 1009]]
for an adjustment by a public housing agency that experienced a
significant increase, as determined by the Secretary, in renewal
costs of vouchers resulting from unforeseen circumstances or
from portability under section 8(r) of the Act; (2) for vouchers
that were not in use during the previous 12-month period in
order to be available to meet a commitment pursuant to section
8(o)(13) of the Act; (3) for adjustments for costs associated
with HUD-Veterans Affairs Supportive Housing (HUD-VASH)
vouchers; and (4) for public housing agencies that despite
taking reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding:
Provided further, That the Secretary shall allocate amounts
under the previous proviso based on need, as determined by the
Secretary;
(2) $85,000,000 shall be for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to section 18 of the Act, conversion of
section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public
and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act, HOPE VI and Choice Neighborhood vouchers, mandatory
and voluntary conversions, and tenant protection assistance
including replacement and relocation assistance or for project-
based assistance to prevent the displacement of unassisted
elderly tenants currently residing in section 202 properties
financed between 1959 and 1974 that are refinanced pursuant to
Public Law 106-569, as amended, or under the authority as
provided under this Act: Provided, That when a public housing
development is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide section 8
rental assistance when the units pose an imminent health and
safety risk to residents: Provided further, That the Secretary
may only provide replacement vouchers for units that were
occupied within the previous 24 months that cease to be
available as assisted housing, subject only to the availability
of funds: Provided further, That of the amounts made available
under this paragraph, $5,000,000 may be available to provide
tenant protection assistance, not otherwise provided under this
paragraph, to residents residing in low vacancy areas and who
may have to pay rents greater than 30 percent of household
income, as the result of: (A) the maturity of a HUD-insured,
HUD-held or section 202 loan that requires the permission of the
Secretary prior to loan prepayment; (B) the expiration of a
rental assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection assistance
under existing law; or (C) the expiration of affordability
restrictions accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That such
tenant protection assistance made available under the previous
proviso may be provided under the authority of section 8(t) or
section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)): Provided further, That the Secretary shall
issue guidance to implement
[[Page 1010]]
the previous provisos, including, but not limited to,
requirements for defining eligible at-risk households within 60
days of the enactment of this Act: Provided further, That any
tenant protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary by
notice, when the initial family that received any such voucher
no longer receives such voucher, and the authority for any
public housing agency to issue any such voucher shall cease to
exist: Provided further, That the Secretary may provide section
8 rental assistance from amounts made available under this
paragraph for units assisted under a project-based subsidy
contract funded under the ``Project-Based Rental Assistance''
heading under this title where the owner has received a Notice
of Default and the units pose an imminent health and safety risk
to residents: Provided further, That to the extent that the
Secretary determines that such units are not feasible for
continued rental assistance payments or transfer of the subsidy
contract associated with such units to another project or
projects and owner or owners, any remaining amounts associated
with such units under such contract shall be recaptured and used
to reimburse amounts used under this paragraph for rental
assistance under the preceding proviso;
(3) $1,760,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$30,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer
their section 8 programs, including fees associated with section
8 tenant protection rental assistance, the administration of
disaster related vouchers, Veterans Affairs Supportive Housing
vouchers, and other special purpose incremental vouchers:
Provided, That no less than $1,730,000,000 of the amount
provided in this paragraph shall be allocated to public housing
agencies for the calendar year 2018 funding cycle based on
section 8(q) of the Act (and related Appropriation Act
provisions) as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998 (Public Law
105-276): Provided further, That if the amounts made available
under this paragraph are insufficient to pay the amounts
determined under the previous proviso, the Secretary may
decrease the amounts allocated to agencies by a uniform
percentage applicable to all agencies receiving funding under
this paragraph or may, to the extent necessary to provide full
payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading from prior
fiscal years, excluding special purpose vouchers,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be funded
pursuant to their MTW agreements, and shall be subject to the
same uniform percentage decrease as under the previous proviso:
Provided further, That amounts provided under this paragraph
shall be only for activities related to the provision of
[[Page 1011]]
tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $505,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering the
special purpose vouchers in this paragraph shall be funded under
the same terms and be subject to the same pro rata reduction as
the percent decrease for administrative and other expenses to
public housing agencies under paragraph (3) of this heading:
Provided further, That any amounts provided under this paragraph
in this Act or prior Acts, remaining available after funding
renewals and administrative expenses under this paragraph, shall
be available for incremental tenant-based assistance contracts
under such section 811, including necessary administrative
expenses;
(5) $5,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD-VA Supportive Housing to
serve Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available for
renewal grants to recipients that received assistance under
prior Acts under the Tribal HUD-VA Supportive Housing program:
Provided further, That the Secretary shall be authorized to
specify criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients:
Provided further, That such assistance shall be administered in
accordance with program requirements under the Native American
Housing Assistance and Self-Determination Act of 1996 and
modeled after the HUD-VASH program: Provided further, That the
Secretary shall be authorized to waive, or specify alternative
requirements for any provision of any statute or regulation that
the Secretary administers in connection with the use of funds
made available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards, and
the environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective delivery and administration of such assistance:
Provided further, That grant recipients shall report to the
Secretary on utilization of such rental assistance and other
program data, as prescribed by the Secretary: Provided further,
That the Secretary may reallocate, as determined by the
Secretary, amounts returned or recaptured from awards under
prior acts;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available, notwithstanding
section 203 (competition provision) of this title, to public
housing agencies that partner with eligible VA Medical Centers
or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for
such assistance as identified by the Secretary of the
[[Page 1012]]
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs:
Provided further, That the Secretary of Housing and Urban
Development may waive, or specify alternative requirements for
(in consultation with the Secretary of the Department of
Veterans Affairs), any provision of any statute or regulation
that the Secretary of Housing and Urban Development administers
in connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a
finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
That assistance made available under this paragraph shall
continue to remain available for homeless veterans upon turn-
over;
(7) $20,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue to
remain available for family unification upon turnover: Provided
further, That for any public housing agency administering
voucher assistance appropriated in a prior Act under the family
unification program that determines that it no longer has an
identified need for such assistance upon turnover, such agency
shall notify the Secretary, and the Secretary shall recapture
such assistance from the agency and reallocate it to any other
public housing agency or agencies based on need for voucher
assistance in connection with such program; and
(8) the Secretary shall separately track all special purpose
vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2018 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
[[Page 1013]]
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g)
(the ``Act'') $2,750,000,000, to remain available until September 30,
2021: Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2018, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) regarding the
extension of the time periods under such section: Provided further,
That for purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a binding
agreement that will result in outlays, immediately or in the future:
Provided further, That up to $8,300,000 shall be to support ongoing
public housing financial and physical assessment activities: Provided
further, That up to $1,000,000 shall be to support the costs of
administrative and judicial receiverships: Provided further, That of
the total amount provided under this heading, not to exceed $21,500,000
shall be available for the Secretary to make grants, notwithstanding
section 203 of this Act, to public housing agencies for emergency
capital needs including safety and security measures necessary to
address crime and drug-related activity as well as needs resulting from
unforeseen or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters under the
Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et
seq.) occurring in fiscal year 2018: Provided further, That of the
amount made available under the previous proviso, not less than
$5,000,000 shall be for safety and security measures: Provided further,
That in addition to the amount in the previous proviso for such safety
and security measures, any amounts that remain available, after all
applications received on or before September 30, 2019, for emergency
capital needs have been processed, shall be allocated to public housing
agencies for such safety and security measures: Provided further, That
of the total amount provided under this heading, up to $35,000,000 shall
be for supportive services, service coordinators and congregate services
as authorized by section 34 of the Act (42 U.S.C. 1437z-6) and the
Native American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.): Provided further, That of the total amount
made available under this heading, $15,000,000 shall be for a Jobs-Plus
initiative modeled after the Jobs-Plus demonstration: Provided further,
That funding provided under the previous proviso shall be available for
competitive grants to partnerships between public housing authorities,
local workforce investment boards established under section 117 of the
Workforce Investment Act of 1998, and other agencies and organizations
that provide support to help public housing residents obtain employment
and increase earnings: Provided further, That applicants must
demonstrate the ability to provide services to residents, partner with
workforce investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies to request
exemptions from rent and income limitation requirements under sections 3
and 6 of the United States Housing Act of 1937 as necessary to implement
the Jobs-Plus program, on such terms
[[Page 1014]]
and conditions as the Secretary may approve upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective implementation of the Jobs-Plus initiative
as a voluntary program for residents: Provided further, That the
Secretary shall publish by notice in the Federal Register any waivers or
alternative requirements pursuant to the preceding proviso no later than
10 days before the effective date of such notice: Provided further,
That for funds provided under this heading, the limitation in section
9(g)(1) of the Act shall be 25 percent: Provided further, That the
Secretary may waive the limitation in the previous proviso to allow
public housing agencies to fund activities authorized under section
9(e)(1)(C) of the Act: Provided further, That the Secretary shall
notify public housing agencies requesting waivers under the previous
proviso if the request is approved or denied within 14 days of
submitting the request: Provided further, That from the funds made
available under this heading, the Secretary shall provide bonus awards
in fiscal year 2018 to public housing agencies that are designated high
performers: Provided further, That the Department shall notify public
housing agencies of their formula allocation within 60 days of enactment
of this Act.
public housing operating fund
For 2018 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,550,000,000,
to remain available until September 30, 2019.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $150,000,000, to remain available until September 30, 2020:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall provide a match in State, local, other
Federal or private funds: Provided further, That grantees may include
local governments, tribal entities, public housing authorities, and
nonprofits: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public housing
agency under section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject to the
regulations issued by the Secretary to implement such section: Provided
further, That of the amount provided,
[[Page 1015]]
not less than $75,000,000 shall be awarded to public housing agencies:
Provided further, That such grantees shall create partnerships with
other local organizations including assisted housing owners, service
agencies, and resident organizations: Provided further, That the
Secretary shall consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and Commerce,
the Attorney General, and the Administrator of the Environmental
Protection Agency to coordinate and leverage other appropriate Federal
resources: Provided further, That no more than $5,000,000 of funds made
available under this heading may be provided as grants to undertake
comprehensive local planning with input from residents and the
community: Provided further, That unobligated balances, including
recaptures, remaining from funds appropriated under the heading
``Revitalization of Severely Distressed Public Housing (HOPE VI)'' in
fiscal year 2011 and prior fiscal years may be used for purposes under
this heading, notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Secretary shall issue the
Notice of Funding Availability for funds made available under this
heading no later than 60 days after enactment of this Act: Provided
further, That the Secretary shall make grant awards no later than 270
days after enactment of this Act in such amounts that the Secretary
determines.
family self-sufficiency
For the Family Self-Sufficiency program to support family self-
sufficiency coordinators under section 23 of the United States Housing
Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8(o) and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency, $75,000,000, to
remain available until September 30, 2019: Provided, That the Secretary
may, by Federal Register notice, waive or specify alternative
requirements under subsections b(3), b(4), b(5), or c(1) of section 23
of such Act in order to facilitate the operation of a unified self-
sufficiency program for individuals receiving assistance under different
provisions of the Act, as determined by the Secretary: Provided
further, That owners of a privately owned multifamily property with a
section 8 contract may voluntarily make a Family Self-Sufficiency
program available to the assisted tenants of such property in accordance
with procedures established by the Secretary: Provided further, That
such procedures established pursuant to the previous proviso shall
permit participating tenants to accrue escrow funds in accordance with
section 23(d)(2) and shall allow owners to use funding from residual
receipt accounts to hire coordinators for their own Family Self-
Sufficiency program.
native american housing block grants
(including transfer of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$655,000,000, to remain available until September 30, 2022: Provided,
That, notwithstanding NAHASDA, to determine
[[Page 1016]]
the amount of the allocation under title I of such Act for each Indian
tribe, the Secretary shall apply the formula under section 302 of such
Act with the need component based on single-race census data and with
the need component based on multi-race census data, and the amount of
the allocation for each Indian tribe shall be the greater of the two
resulting allocation amounts: Provided further, That of the amounts
made available under this heading, $7,000,000 shall be for providing
training and technical assistance to Indian housing authorities and
tribally designated housing entities, to support the inspection of
Indian housing units, contract expertise, and for training and technical
assistance related to funding provided under this heading and other
headings under this Act for the needs of Native American families and
Indian country: Provided further, That of the funds made available
under the previous provisos, not less than $2,000,000 shall be made
available for a national organization as authorized under section 703 of
NAHASDA (25 U.S.C. 4212): Provided further, That amounts made available
under the previous two provisos may be used, contracted, or competed as
determined by the Secretary: Provided further, That of the amount
provided under this heading, $2,000,000 shall be made available for the
cost of guaranteed notes and other obligations, as authorized by title
VI of NAHASDA: Provided further, That such costs, including the costs
of modifying such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $17,391,304: Provided further, That
the Department will notify grantees of their formula allocation within
60 days of the date of enactment of this Act: Provided further, That
for an additional amount for the Native American Housing Block Grants
program, as authorized under title I of NAHASDA, $100,000,000 to remain
available until September 30, 2022: Provided further, That the
Secretary shall obligate this additional amount for competitive grants
to eligible recipients authorized under NAHASDA that apply for funds:
Provided further, That in awarding this additional amount, the Secretary
shall consider need and administrative capacity, and shall give priority
to projects that will spur construction and rehabilitation: Provided
further, That up to 1 percent of this additional amount may be
transferred, in aggregate, to ``Program Office Salaries and Expenses--
Public and Indian Housing'' for necessary costs of administering and
overseeing the obligation and expenditure of this additional amount:
Provided further, That any funds transferred pursuant to the previous
proviso shall remain available until September 30, 2023.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$1,000,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, up to $270,270,270, to
remain available until expended: Provided
[[Page 1017]]
further, That up to $750,000 of this amount may be for administrative
contract expenses including management processes and systems to carry
out the loan guarantee program.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,000,000 to remain
available until September 30, 2022: Provided, That notwithstanding
section 812(b) of such Act, the Department of Hawaiian Home Lands may
not invest grant amounts provided under this heading in investment
securities and other obligations: Provided further, That the language
under the first proviso under the heading ``Native Hawaiian Housing
Block Grant'' in the Department of Housing and Urban Development
Appropriations Act, 2015 (Public Law 113-235) <>
is amended by striking ``Hawaii-based'': Provided further, That amounts
made available under this heading in this and prior fiscal years may be
used to provide rental assistance to eligible Native Hawaiian families
both on and off the Hawaiian Home Lands, notwithstanding any other
provision of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $375,000,000, to remain available until September 30,
2019, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2020: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(5) of
such Act from funds made available under this heading in fiscal year
2010 and prior fiscal years that meet all program requirements before
awarding funds for new contracts under such section: Provided further,
That the Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $3,365,000,000, to remain available until September 30,
2020, unless otherwise specified: Provided, That of the total amount
provided, $3,300,000,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (``the Act'' herein) (42 U.S.C. 5301
et seq.): Provided further, That unless explicitly provided for under
this heading, not to exceed 20 percent of any grant made with funds
appropriated under this heading shall be expended for planning and
management development and administration: Provided further, That a
metropolitan city, urban county, unit of general local government,
Indian tribe, or insular area that directly or indirectly receives funds
under this heading may not sell, trade, or otherwise transfer all
[[Page 1018]]
or any portion of such funds to another such entity in exchange for any
other funds, credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act: Provided
further, That notwithstanding section 105(e)(1) of the Act, no funds
provided under this heading may be provided to a for-profit entity for
an economic development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with guidelines
required under subsection (e)(2): Provided further, That the Department
shall notify grantees of their formula allocation within 60 days of
enactment of this Act: Provided further, That of the total amount
provided under this heading, $65,000,000 shall be for grants to Indian
tribes notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section 203 of
this Act), up to $4,000,000 may be used for emergencies that constitute
imminent threats to health and safety.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2018, commitments to guarantee loans under section
108 of the Housing and Community Development Act of 1974 (42 U.S.C.
5308), any part of which is guaranteed, shall not exceed a total
principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to result
in a credit subsidy cost of zero for guaranteeing such loans, and any
such fees shall be collected in accordance with section 502(7) of the
Congressional Budget Act of 1974.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,362,000,000, to remain available until September 30, 2021:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act shall not apply to allocations of such amount:
Provided further, That the Department shall notify grantees of their
formula allocation within 60 days of enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program, as
authorized under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended, $50,000,000, to remain available until
September 30, 2020: Provided, That of the total amount provided under
this heading, $10,000,000 shall be made available to the Self-Help
Homeownership Opportunity Program as authorized under section 11 of the
Housing Opportunity Program Extension Act of 1996, as amended: Provided
further, That of the total amount provided under this heading,
$35,000,000 shall be made available for the second, third, and fourth
capacity building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000
[[Page 1019]]
shall be made available for rural capacity building activities:
Provided further, That of the total amount provided under this heading,
$5,000,000 shall be made available for capacity building by national
rural housing organizations with experience assessing national rural
conditions and providing financing, training, technical assistance,
information, and research to local nonprofits, local governments, and
Indian Tribes serving high need rural communities: Provided further,
That an additional $4,000,000, to remain available until expended, shall
be for a program to rehabilitate and modify homes of disabled or low-
income veterans, as authorized under section 1079 of Public Law 113-291.
homeless assistance grants
For the Emergency Solutions Grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the Continuum of Care program as authorized under subtitle C of
title IV of such Act; and the Rural Housing Stability Assistance program
as authorized under subtitle D of title IV of such Act, $2,513,000,000,
to remain available until September 30, 2020: Provided, That any rental
assistance amounts that are recaptured under such Continuum of Care
program shall remain available until expended: Provided further, That
not less than $270,000,000 of the funds appropriated under this heading
shall be available for such Emergency Solutions Grants program:
Provided further, That not less than $2,106,000,000 of the funds
appropriated under this heading shall be available for such Continuum of
Care and Rural Housing Stability Assistance programs: Provided further,
That of the amounts made available under this heading, up to $50,000,000
shall be made available for grants for rapid re-housing projects and
supportive service projects providing coordinated entry, and for
eligible activities the Secretary determines to be critical in order to
assist survivors of domestic violence, dating violence, and stalking:
Provided further, That such projects shall be eligible for renewal under
the continuum of care program subject to the same terms and conditions
as other renewal applicants: Provided further, That up to $7,000,000 of
the funds appropriated under this heading shall be available for the
national homeless data analysis project: Provided further, That all
funds awarded for supportive services under the Continuum of Care
program and the Rural Housing Stability Assistance program shall be
matched by not less than 25 percent in cash or in kind by each grantee:
Provided further, That for all match requirements applicable to funds
made available under this heading for this fiscal year and prior years,
a grantee may use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal agencies unless
there is (or was) a specific statutory prohibition on any such use of
any such funds: Provided further, That the Secretary shall collect
system performance measures for each continuum of care, and that
relative to fiscal year 2015, under the Continuum of Care competition
with respect to funds made available under this heading, the Secretary
shall base an increasing share of the score on performance criteria:
Provided further, That none of the funds provided under this heading
shall be available to provide funding for new projects, except for
projects created through reallocation, unless the Secretary determines
that the continuum of care has demonstrated that
[[Page 1020]]
projects are evaluated and ranked based on the degree to which they
improve the continuum of care's system performance: Provided further,
That the Secretary shall prioritize funding under the Continuum of Care
program to continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher performing
projects: Provided further, That all awards of assistance under this
heading shall be required to coordinate and integrate homeless programs
with other mainstream health, social services, and employment programs
for which homeless populations may be eligible: Provided further, That
any unobligated amounts remaining from funds appropriated under this
heading in fiscal year 2012 and prior years for project-based rental
assistance for rehabilitation projects with 10-year grant terms may be
used for purposes under this heading, notwithstanding the purposes for
which such funds were appropriated: Provided further, That all balances
for Shelter Plus Care renewals previously funded from the Shelter Plus
Care Renewal account and transferred to this account shall be available,
if recaptured, for Continuum of Care renewals in fiscal year 2018:
Provided further, That the Department shall notify grantees of their
formula allocation from amounts allocated (which may represent initial
or final amounts allocated) for the Emergency Solutions Grant program
within 60 days of enactment of this Act: Provided further, That up to
$80,000,000 of the funds appropriated under this heading shall be to
implement projects to demonstrate how a comprehensive approach to
serving homeless youth, age 24 and under, in up to 25 communities,
including at least eight communities with substantial rural populations,
can dramatically reduce youth homelessness: Provided further, That of
the amount made available under the previous proviso, up to $5,000,000
shall be available to provide technical assistance on youth
homelessness, and collection, analysis, and reporting of data and
performance measures under the comprehensive approaches to serve
homeless youth, in addition to and in coordination with other technical
assistance funds provided under this title: Provided further, That such
projects shall be eligible for renewal under the continuum of care
program subject to the same terms and conditions as other renewal
applicants: Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to provide third
party documentation to establish their eligibility under 42 U.S.C.
11302(a) or (b) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by youth-
serving providers funded under this heading.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) (``the Act''), not otherwise provided for,
$11,115,000,000, to remain available until expended, shall be available
on October 1, 2017 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2017),
and $400,000,000, to remain available until expended, shall be available
on October 1, 2018: Provided, That the amounts
[[Page 1021]]
made available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including section
8 moderate rehabilitation contracts), for amendments to section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and assistance funded
under this paragraph: Provided further, That of the total amounts
provided under this heading, not to exceed $285,000,000 shall be
available for performance-based contract administrators for section 8
project-based assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary of Housing and Urban Development may also
use such amounts in the previous proviso for performance-based contract
administrators for the administration of: interest reduction payments
pursuant to section 236(a) of the National Housing Act (12 U.S.C. 1715z-
1(a)); rent supplement payments pursuant to section 101 of the Housing
and Urban Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
rental assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959 (Public Law
86-372; 73 Stat. 667): Provided further, That amounts recaptured under
this heading, the heading ``Annual Contributions for Assisted Housing'',
or the heading ``Housing Certificate Fund'', may be used for renewals of
or amendments to section 8 project-based contracts or for performance-
based contract administrators, notwithstanding the purposes for which
such amounts were appropriated: Provided further, That, notwithstanding
any other provision of law, upon the request of the Secretary of Housing
and Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 8 project-based Housing
Assistance Payments contract that authorizes HUD or a Housing Finance
Agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to the
previous proviso shall be available in addition to the amount otherwise
provided by this heading for uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act,
[[Page 1022]]
including amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 1-year term, and for
senior preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Housing and Economic
Opportunity Act of 2000, as amended, and for supportive services
associated with the housing, $678,000,000 to remain available until
September 30, 2021, of which $105,000,000 shall be for capital advance
and project-based rental assistance awards: Provided, That of the
amount provided under this heading, up to $90,000,000 shall be for
service coordinators and the continuation of existing congregate service
grants for residents of assisted housing projects: Provided further,
That amounts under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 202 projects: Provided further, That the
Secretary may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary of Housing and
Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 202 project rental
assistance contract, and that upon termination of such contract are in
excess of an amount to be determined by the Secretary, shall be remitted
to the Department and deposited in this account, to be available until
September 30, 2021: Provided further, That amounts deposited in this
account pursuant to the previous proviso shall be available, in addition
to the amounts otherwise provided by this heading, for amendments and
renewals: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
appropriated under this heading shall be available for amendments and
renewals notwithstanding the purposes for which such funds originally
were appropriated.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), as amended, and for project rental
assistance for supportive housing for persons with disabilities under
section 811(d)(2) of such Act and for project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public Law 86-
372; 73 Stat. 667), including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 1-year term, for project rental assistance to State housing finance
agencies and other appropriate entities as authorized under section
811(b)(3) of the Cranston-Gonzalez National Housing Act, and for
supportive services associated with the housing for persons with
disabilities as authorized by section 811(b)(1) of such Act,
$229,600,000, to remain available until September 30, 2021, of which
$82,600,000 shall be for capital advance and project rental assistance
awards: Provided, That amounts made available under this heading shall
be available for Real Estate Assessment Center inspections and
inspection-related activities associated with section 811 projects:
Provided further, That, in this fiscal year, upon the request of the
Secretary of Housing
[[Page 1023]]
and Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 811 project rental
assistance contract and that upon termination of such contract are in
excess of an amount to be determined by the Secretary shall be remitted
to the Department and deposited in this account, to be available until
September 30, 2021: Provided further, That amounts deposited in this
account pursuant to the previous proviso shall be available in addition
to the amounts otherwise provided by this heading for amendments and
renewals: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
appropriated under this heading shall be used for amendments and
renewals notwithstanding the purposes for which such funds originally
were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act of
1968, as amended, $55,000,000, to remain available until September 30,
2019, including up to $4,500,000 for administrative contract services:
Provided, That grants made available from amounts provided under this
heading shall be awarded within 180 days of enactment of this Act:
Provided further, That funds shall be used for providing counseling and
advice to tenants and homeowners, both current and prospective, with
respect to property maintenance, financial management or literacy, and
such other matters as may be appropriate to assist them in improving
their housing conditions, meeting their financial needs, and fulfilling
the responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training: Provided further,
That for purposes of providing such grants from amounts provided under
this heading, the Secretary may enter into multiyear agreements, as
appropriate, subject to the availability of annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of
the National Housing Act (12 U.S.C. 1715z-1) in State-aided, noninsured
rental housing projects, $14,000,000, to remain available until
expended: Provided, That such amount, together with unobligated
balances from recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover, remaining from
funds appropriated under this heading after fiscal year 2005, shall also
be available for extensions of up to one year for expiring contracts
under such sections of law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
seq.), up to $11,000,000, to remain available until expended, of which
$11,000,000 is to be derived from the Manufactured Housing Fees Trust
Fund: Provided, That not to exceed
[[Page 1024]]
the total amount appropriated under this heading shall be available from
the general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided further, That
the amount made available under this heading from the general fund shall
be reduced as such collections are received during fiscal year 2018 so
as to result in a final fiscal year 2018 appropriation from the general
fund estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2018
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary of Housing and Urban Development
may assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the Fund, and the
Secretary, as provided herein, may use such collections, as well as fees
collected under section 620, for necessary expenses of such Act:
Provided further, That, notwithstanding the requirements of section 620
of such Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2019: Provided, That during fiscal
year 2018, obligations to make direct loans to carry out the purposes of
section 204(g) of the National Housing Act, as amended, shall not exceed
$5,000,000: Provided further, That the foregoing amount in the previous
proviso shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain available until
September 30, 2019: Provided further, That to the extent guaranteed
loan commitments exceed $200,000,000,000 on or before April 1, 2018, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in no
case shall funds made available by this proviso exceed $30,000,000:
Provided further, That during fiscal year 2018 the Secretary may insure
and enter into new commitments to insure mortgages under section 255 of
the National Housing Act only to the extent that the net credit subsidy
cost for such insurance does not exceed zero: Provided further, That
for fiscal years 2018 and 2019, the Secretary shall not take any action
against a lender solely on the basis of compare ratios that have been
adversely affected by defaults on mortgages secured by properties in
areas where a major disaster was declared in 2017 or 2018 pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
[[Page 1025]]
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
$30,000,000,000 in total loan principal, any part of which is to be
guaranteed, to remain available until September 30, 2019: Provided,
That during fiscal year 2018, gross obligations for the principal amount
of direct loans, as authorized by sections 204(g), 207(l), 238, and
519(a) of the National Housing Act, shall not exceed $5,000,000, which
shall be for loans to nonprofit and governmental entities in connection
with the sale of single family real properties owned by the Secretary
and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $500,000,000,000, to remain available until September
30, 2019: Provided, That $27,000,000 shall be available for necessary
salaries and expenses of the Office of Government National Mortgage
Association: Provided further, That to the extent that guaranteed loan
commitments exceed $155,000,000,000 on or before April 1, 2018, an
additional $100 for necessary salaries and expenses shall be available
until expended for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $3,000,000: Provided further, That receipts from Commitment and
Multiclass fees collected pursuant to title III of the National Housing
Act, as amended, shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $89,000,000, to remain available
until September 30, 2019: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this title,
the Secretary may enter into cooperative agreements funded with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, or colleges or universities for research
projects: Provided further, That with respect to the previous proviso,
such partners to the cooperative agreements must contribute at least a
50 percent match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with the
previous
[[Page 1026]]
two provisos, the Secretary of Housing and Urban Development shall
comply with section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in lieu of
compliance with section 102(a)(4)(C) with respect to documentation of
award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan, for
approval, to the House and Senate Committees on Appropriations on how it
will allocate funding for this activity: Provided further, That none of
the funds provided under this heading may be available for the doctoral
dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$65,300,000, to remain available until September 30, 2019: Provided,
That notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to provide such training: Provided further, That
no funds made available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government in
connection with a specific contract, grant, or loan: Provided further,
That of the funds made available under this heading, $300,000 shall be
available to the Secretary of Housing and Urban Development for the
creation and promotion of translated materials and other programs that
support the assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing and Urban
Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$230,000,000, to remain available until September 30, 2019, of which
$45,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970,
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of the law that further the purposes of such Act, a grant
under the Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts for such
purposes under this heading, shall be considered to be funds for a
special project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided further, That
not less than $95,000,000 of the amounts made available under this
heading for the award of grants pursuant to section
[[Page 1027]]
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
shall be provided to areas with the highest lead-based paint abatement
needs: Provided further, That each applicant shall certify adequate
capacity that is acceptable to the Secretary to carry out the proposed
use of funds pursuant to a notice of funding availability: Provided
further, That amounts made available under this heading in this or prior
appropriations Acts, and that still remain available, may be used for
any purpose under this heading notwithstanding the purpose for which
such amounts were appropriated if a program competition is
undersubscribed and there are other program competitions under this
heading that are oversubscribed.
Information Technology Fund
For the development of, modifications to, and infrastructure for
Department-wide and program-specific information technology systems, for
the continuing operation and maintenance of both Department-wide and
program-specific information systems, and for program-related
maintenance activities, $267,000,000, of which $250,000,000 shall remain
available until September 30, 2019, and of which $17,000,000 shall
remain available until September 30, 2020: Provided, That any amounts
transferred to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to this Fund
from amounts appropriated by previously enacted appropriations Acts may
be used for the purposes specified under this Fund, in addition to any
other information technology purposes for which such amounts were
appropriated: Provided further, That not more than 10 percent of the
funds made available under this heading for development, modernization
and enhancement may be obligated until the Secretary submits to the
House and Senate Committees on Appropriations, for approval, a plan for
expenditure that--(A) identifies for each modernization project: (i) the
functional and performance capabilities to be delivered and the mission
benefits to be realized, (ii) the estimated life-cycle cost, and (iii)
key milestones to be met; and (B) demonstrates that each modernization
project is: (i) compliant with the Department's enterprise architecture,
(ii) being managed in accordance with applicable life-cycle management
policies and guidance, (iii) subject to the Department's capital
planning and investment control requirements, and (iv) supported by an
adequately staffed project office.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$128,082,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
[[Page 1028]]
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the Treasury shall
be used by State housing finance agencies or local governments or local
housing agencies with projects approved by the Secretary of Housing and
Urban Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence,
the Secretary may award up to 15 percent of the budget authority or cash
recaptured and not rescinded or remitted to the Treasury to provide
project owners with incentives to refinance their project at a lower
interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2018 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within the meaning of the
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without
[[Page 1029]]
regard to fiscal year limitations as provided by section 104 of such Act
as may be necessary in carrying out the programs set forth in the budget
for 2018 for such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to the extent
expressly provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest of
the United States Government.
Sec. 207. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of the
Department and shall submit additional, updated budget information to
these Committees upon request.
Sec. 208. The President's formal budget request for fiscal year
2019, as well as the Department of Housing and Urban Development's
congressional budget justifications to be submitted to the Committees on
Appropriations of the House of Representatives and the Senate, shall use
the identical account and sub-account structure provided under this Act.
Sec. 209. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 210. (a) Notwithstanding any other provision of law, subject to
the conditions listed under this section, for fiscal years 2018 and
2019, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-income
use restrictions if any, associated with one or more multifamily housing
project or projects to another multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the project
or projects to which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and the
net dollar amount of Federal assistance provided to the
transferring project shall remain the same in the
receiving project or projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom sizes
to meet current
[[Page 1030]]
market demands, as determined by the Secretary and
provided there is no increase in the project-based
assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall
notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all
appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the Secretary may
waive this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as amended)
of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959, as amended by section 801 of
the Cranston-Gonzales National Affordable Housing Act;
[[Page 1031]]
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act;
or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act;
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing
Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the receiving
project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 211. (a) No assistance shall be provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
[[Page 1032]]
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, except for a
person over the age of 23 with dependent children.
Sec. 212. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title II of this Act
shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 213. Notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
Secretary of Housing and Urban Development may, until September 30,
2018, insure and enter into commitments to insure mortgages under such
section 255.
Sec. 214. Notwithstanding any other provision of law, in fiscal
year 2018, in managing and disposing of any multifamily property that is
owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the Secretary
shall maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are attached
to any dwelling units in the property. To the extent the Secretary
determines, in consultation with the tenants and the local government,
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA'') and (2) environmental conditions that cannot be remedied in
a cost-effective fashion, the Secretary may, in consultation with the
tenants of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing properties,
or provide other rental assistance. The Secretary shall also take
appropriate steps to ensure that project-based contracts remain in
effect prior to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for imminent major
threats to health and safety after written notice to and informed
consent of the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition of any
multifamily property described under this section, the contract and
allowable rent levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.
[[Page 1033]]
Sec. 215. The commitment authority funded by fees as provided under
the heading ``Community Development Loan Guarantees Program Account''
may be used to guarantee, or make commitments to guarantee, notes, or
other obligations issued by any State on behalf of non-entitlement
communities in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974: Provided,
That any State receiving such a guarantee or commitment shall distribute
all funds subject to such guarantee to the units of general local
government in non-entitlement areas that received the commitment.
Sec. 216. Public housing agencies that own and operate 400 or fewer
public housing units may elect to be exempt from any asset management
requirement imposed by the Secretary of Housing and Urban Development in
connection with the operating fund rule: Provided, That an agency
seeking a discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management requirements.
Sec. <> 217. With respect to the use of
amounts provided in this Act and in future Acts for the operation,
capital improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits in
any way the use of capital funds for central office costs pursuant to
section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency may
not use capital funds authorized under section 9(d) for activities that
are eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under section 9(g)(1)
or 9(g)(2).
Sec. 218. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such allotment
holder has implemented an adequate system of funds control and has
received training in funds control procedures and directives. The Chief
Financial Officer shall ensure that there is a trained allotment holder
for each HUD sub-office under the accounts ``Executive Offices'' and
``Administrative Support Offices,'' as well as each account receiving
appropriations for ``Program Office Salaries and Expenses'',
``Government National Mortgage Association--Guarantees of Mortgage-
Backed Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and Urban
Development.
Sec. <> 219. The Secretary of the
Department of Housing and Urban Development shall, for fiscal year 2018,
notify the public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the availability
of assistance or notice of funding availability (NOFA) for any program
or discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of law, for
fiscal year 2018, the Secretary may make the NOFA available only on the
Internet at the appropriate Government web site or through other
electronic media, as determined by the Secretary.
Sec. 220. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General
[[Page 1034]]
Counsel shall include any such projected litigation costs for attorney
fees as a separate line item request. No funds provided in this title
may be used to pay any such litigation costs for attorney fees until the
Department submits for review a spending plan for such costs to the
House and Senate Committees on Appropriations.
Sec. 221. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the heading ``Administrative Support Offices'' or for any account
under the general heading ``Program Office Salaries and Expenses'' to
any other such office or account: Provided, That no appropriation for
any such office or account shall be increased or decreased by more than
10 percent or $5,000,000, whichever is less, without prior written
approval of the House and Senate Committees on Appropriations: Provided
further, That the Secretary shall provide notification to such
Committees three business days in advance of any such transfers under
this section up to 10 percent or $5,000,000, whichever is less.
Sec. 222. (a) Any entity receiving housing assistance payments shall
maintain decent, safe, and sanitary conditions, as determined by the
Secretary of Housing and Urban Development (in this section referred to
as the ``Secretary''), and comply with any standards under applicable
State or local laws, rules, ordinances, or regulations relating to the
physical condition of any property covered under a housing assistance
payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a section 8 contract or contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units
assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under section 9
of the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC inspection, the
Secretary must provide the owner with a Notice of Default with a
specified timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary must also provide a copy of the Notice of
Default to the tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a UPCS score of
60 or above, the Secretary may withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management with
a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
[[Page 1035]]
applicable properties, as designated by the Secretary, with
priority given to the tenants of the property affected by the
penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for major
threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources, including
rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report quarterly on all properties covered
by this section that are assessed through the Real Estate Assessment
Center and have UPCS physical inspection scores of less than 60 or have
received an unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times;
[[Page 1036]]
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be due to the Senate and House Committees on
Appropriations no later than 30 days after the enactment of this Act,
and on the first business day of each Federal fiscal year quarter
thereafter while this section remains in effect.
Sec. 223. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect to
the tenant-based rental assistance program) and section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used by any
public housing agency for any amount of salary, including bonuses, for
the chief executive officer of which, or any other official or employee
of which, that exceeds the annual rate of basic pay payable for a
position at level IV of the Executive Schedule at any time during any
public housing agency fiscal year 2018.
Sec. 224. Notwithstanding section 24(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary of Housing and
Urban Development may, until September 30, 2018, obligate any available
unobligated balances made available under the heading ``Choice
Neighborhoods Initiative'' in this Act or any prior Act.
Sec. 225. None of the funds in this Act provided to the Department
of Housing and Urban Development may be used to make a grant award
unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State, locality, housing authority, tribe, nonprofit organization, or
other entity selected to receive a grant award is announced by the
Department or its offices.
Sec. 226. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 227. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Administration, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain condemnation
or seizure, by a State, municipality, or any other political subdivision
of a State.
Sec. 228. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 229. Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research in the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and which are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available and
may be reobligated in that fiscal year or the subsequent fiscal year for
the research, evaluation,
[[Page 1037]]
or statistical purposes for which the amounts are made available to that
Office subject to reprogramming requirements in section 405 of this Act.
Sec. 230. None of the funds provided in this Act or any other act
may be used for awards, including performance, special act, or spot, for
any employee of the Department of Housing and Urban Development who has
been subject to administrative discipline in fiscal years 2017 or 2018,
including suspension from work.
Sec. 231. Funds made available in this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76, section 524 of division G of
Public Law 113-235, section 525 of division H of Public Law 114-113, and
such authorities as are enacted for Performance Partnership Pilots in an
appropriations Act for fiscal year 2018: Provided, That such
participation shall be limited to no more than 10 continuums of care and
housing activities to improve outcomes for disconnected youth.
Sec. 232. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015, 2016, 2017, and
2018 for the continuum of care (CoC) program as authorized under
subtitle C of title IV of the McKinney-Vento Homeless Assistance Act,
costs paid by program income of grant recipients may count toward
meeting the recipient's matching requirements, provided the costs are
eligible CoC costs that supplement the recipient's CoC program.
Sec. 233. (a) From amounts made available under this title under the
heading ``Homeless Assistance Grants'', the Secretary may award 1-year
transition grants to recipients of funds for activities under subtitle C
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.)
to transition from one Continuum of Care program component to another.
(b) No more than 50 percent of each transition grant may be used for
costs of eligible activities of the program component originally funded.
(c) Transition grants made under this section are eligible for
renewal in subsequent fiscal years for the eligible activities of the
new program component.
(d) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the Continuum of Care and
meet standards determined by the Secretary.
Sec. 234. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 235. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply with respect
to the right of a jurisdiction to draw funds from its HOME Investment
Trust Fund that otherwise expired or would expire in 2016, 2017, 2018,
2019, or 2020 under that section.
Sec. 236. Section 579 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by
striking ``October 1, 2017'' each place it appears and inserting in lieu
thereof ``October 1, 2022''.
[[Page 1038]]
Sec. 237. The language under the heading ``Rental Assistance
Demonstration'' in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112-55), as amended by Public Law
113-76, Public Law 113-235, Public Law 114-113, and Public Law 115-
31 <> , is amended--
(1) in the second proviso, by striking ``September 30,
2020'' and inserting ``September 30, 2024'';
(2) in the matter preceding the first proviso, by inserting
the following before the colon: ``(herein the 'First
Component')'';
(3) in the fourth proviso, by striking ``225,000'' and
inserting ``455,000'';
(4) in the fourteenth proviso, by--
(A) inserting ``or nonprofit'' before ``entity, then
a capable entity,''; and
(B) striking ``preserves its interest'' and
inserting ``or a nonprofit entity preserves an
interest'';
(5) in the eighteenth proviso, by--
(A) inserting ``or with a project rental assistance
contract under section 202(c)(2) of the Housing Act of
1959,'' after ``section 8(o) of the Act,'';
(B) inserting ``the subordination, restructuring, or
both, of any capital advance documentation, including
any note, mortgage, use agreement or other agreements,
evidencing or securing a capital advance previously
provided by the Secretary under section 202(c)(1) of the
Housing Act of 1959 as necessary to facilitate the
conversion of assistance while maintaining the
affordability period and the designation of the property
as serving elderly persons, and,'' following ``including
but not limited to'';
(C) inserting ``or assistance contracts'' after
``for such vouchers'';
(D) striking ``of Housing and Urban Development''
after ``Secretary''; and
(E) inserting the following before the colon:
``(herein the 'Second Component')'';
(6) by inserting the following provisos after the eighteenth
proviso:
``Provided further, That contracts provided to properties converting
assistance from section 101 of the Housing and Urban Development Act of
1965 or section 236(f)(2) of the National Housing Act located in high-
cost areas shall have initial rents set at comparable market rents for
the market area: Provided further, That conversions of assistance under
the Second Component may not be the basis for re-screening or
termination of assistance or eviction of any tenant family in a property
participating in the demonstration and such a family shall not be
considered a new admission for any purpose, including compliance with
income targeting:'';
(7) in the twenty-first proviso, as reordered above, by
striking ``the previous proviso'' and all that follows through
the end of the proviso and inserting ``the Second Component,
except for conversion of section 202 project rental assistance
contracts, shall be available for project-based subsidy
contracts entered into pursuant to the Second Component:'';
(8) in the twenty-second proviso, as reordered above, by
striking ``the previous two provisos'' and inserting ``the
Second Component, except for conversion of section 202 project
rental assistance contracts,'';
[[Page 1039]]
(9) in the twenty-third proviso, as reordered above, by
striking ``the three previous provisos'' and inserting ``the
Second Component, except for conversion of section 202 project
rental assistance contracts,''; and
(10) by inserting the following proviso before the final
proviso:
``Provided further, That the Secretary may transfer amounts made
available under the heading `Housing for the Elderly' to the accounts
under the headings `Project-Based Rental Assistance' or `Tenant-Based
Rental Assistance' to facilitate any section 202 project rental
assistance contract conversions under the Second Component, and any
increase in cost for `Project-Based Rental Assistance' or `Tenant-Based
Rental Assistance' associated with such conversion shall be equal to
amounts so transferred:''.
Sec. 238. None of the funds made available under this Act may be
used to interfere with State and local inspections of public housing
dwelling units.
Sec. 239. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary of Housing and Urban Development in prior fiscal years,
shall remain in effect in accordance with the terms and conditions of
such agreements.
Sec. 240. Section 153 of the Continuing Appropriations Act, 2018
(as added by section 2001(2) of Public Law 115-120) is repealed.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2018''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $8,190,000:
Provided, That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C.
5901-5902, $27,490,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
[[Page 1040]]
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $23,274,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General may
enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the President's
budget request for fiscal year 2018, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget request
for fiscal year 2018 in similar format and substance to those submitted
by executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$110,400,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to the
National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $140,000,000, of
which $5,000,000 shall be for a multi-family rental housing program.
[[Page 1041]]
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2018, to
result in a final appropriation from the general fund estimated at no
more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended, $3,600,000:
Provided, <> That title II of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.) is amended by
striking ``October 1, 2018'' in section 209 and inserting ``October 1,
2020''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
(including rescissions)
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
[[Page 1042]]
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2018, or provided from any
accounts in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the explanatory statement accompanying
this Act, whichever is more detailed, unless prior approval is
received from the House and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further, That
the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and activity
as detailed in the budget appendix for the respective
appropriation; and
[[Page 1043]]
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2018 from appropriations made available for salaries and
expenses for fiscal year 2018 in this Act, shall remain available
through September 30, 2019, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405 of
this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided, That
for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and has
within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more than
1 year, made application for restoration to his or her former position
and has been certified by the Office of Personnel Management as still
qualified to perform the duties of his or her former position and has
not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of
[[Page 1044]]
sections 301-10.122 and 301-10.123 of title 41, Code of Federal
Regulations.
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the U.S.-
E.U.-Iceland-Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-
Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 414. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees of
a single agency or department of the United States Government, who are
stationed in the United States, at any single international conference
unless the relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such attendance is
important to the national interest: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation Board
to charge or collect any filing fee for rate or practice complaints
filed with the Board in an amount in excess of the amount authorized for
district court civil suit filing fees under section 1914 of title 28,
United States Code.
Sec. 416. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and Urban
Development, or any other Federal agency to lease or purchase new light
duty vehicles for any executive fleet, or for an agency's fleet
inventory, except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 417. (a) All unobligated balances, including recaptures and
carryover, remaining from funds appropriated in division K of Public Law
115-31 for ``Department of Transportation-Office of the Secretary-
Salaries and Expenses'', ``Department of Transportation-Office of the
Secretary-Office of Civil Rights'', ``Department of Transportation-
Office of the Secretary-Small and Disadvantaged Business Utilization and
Outreach'', ``Department of Transportation-Federal Transit
Administration-Administrative Expenses'', ``Department of
Transportation-Pipeline and Hazardous Materials Safety Administration-
Operational Expenses'', ``Access Board-Salaries and Expenses'',
``Federal Maritime Commission-Salaries and Expenses'', ``National
Railroad Passenger Corporation-Office of Inspector General-Salaries and
Expenses'', ``National Transportation Safety Board-Salaries and
Expenses'', and ``United States Interagency Council on Homelessness-
Operating Expenses'' are rescinded.
[[Page 1045]]
(b) All unobligated balances, including recaptures and carryover,
remaining from funds appropriated in division K of Public Law 115-31 for
accounts under the headings ``Department of Housing and Urban
Development-Management and Administration'' and ``Department of Housing
and Urban Development-Program Office Salaries and Expenses'' are
rescinded.
Sec. 418. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 419. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access to
any records, documents, or other materials available to the department
or agency over which that Inspector General has responsibilities under
the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede that Inspector General's access to such records, documents, or
other materials, under any provision of law, except a provision of law
that expressly refers to the Inspector General and expressly limits the
Inspector General's right of access.
(b) A department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and other
materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and the
Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 420. (a) Terminal Aerodrome Forecast.--The Administrator shall
permit an air carrier operation under part 121 of title 14, Code of
Federal Regulations, to operate to a destination determined to be under
visual flight rules without a Terminal Aerodrome Forecast or
Meteorological Aerodrome Report if a current Area Forecast, supplemented
by other local weather observations or reports, is available, and an
alternate airport that has an available Terminal Aerodome Forecast and
weather report is specified. The air carrier shall have approved
procedures for dispatch and enroute weather evaluation and shall operate
under instrument flight rules enroute to the destination.
(b) Limitation.--Without a written finding of necessity, based on
objective and historical evidence of imminent threat to safety, the
Administrator shall not promulgate any operation specification, policy,
or guidance document that is more restrictive than, or requires
procedures that are not expressly stated in, the regulations.
Sec. 421. Section 149(m) of title 23, United States Code, is
amended by adding ``or on a State-Supported Amtrak route with a valid
cost-sharing agreement under section 209 of the Passenger Rail
Investment and Improvement Act of 2008 and no current nonattainment
areas under subsection (d),'' after ``2012,''.
[[Page 1046]]
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2018''.
DIVISION M--EXTENSIONS
TITLE I--AIRPORT <>
AND AIRWAY EXTENSION ACT OF 2018
SECTION 1. <> SHORT TITLE.
This title may be cited as the ``Airport and Airway Extension Act of
2018''.
Subtitle A--Federal Aviation Programs
SEC. 101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103(a) of title 49,
United States Code, is amended by striking ``2012'' and all that follows
through the period at the end and inserting ``2012 through 2018.''.
(b) Project Grant Authority.--Section 47104(c) of title 49, United
States Code, is amended in the matter preceding paragraph (1) by
striking ``March 31, 2018,'' and inserting ``September 30, 2018,''.
SEC. 102. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 47107(r)(3) of title 49, United States Code, is amended
by striking ``April 1, 2018'' and inserting ``October 1, 2018''.
(b) Section 47115(j) of title 49, United States Code, is amended by
striking ``2017 and for the period beginning on October 1, 2017, and
ending on March 31, 2018'' and inserting ``2018''.
(c) Section 47124(b)(3)(E) of title 49, United States Code, is
amended by striking ``2012'' and all that follows through ``2018,'' and
inserting ``2012 through 2018''.
(d) Section 47141(f) of title 49, United States Code, is amended by
striking ``March 31, 2018'' and inserting ``September 30, 2018''.
(e) Section 186(d) of the Vision 100-Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended by striking ``2017 and
for the period beginning on October 1, 2017, and ending on March 31,
2018,'' and inserting ``2018''.
(f) Section 409(d) of the Vision 100-Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking
``March 31, 2018'' and inserting ``September 30, 2018''.
(g) Section 411(h) of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 42301 prec. note) is amended by striking ``March 31, 2018''
and inserting ``September 30, 2018''.
(h) Section 822(k) of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 47141 note) is amended by striking ``March 31, 2018'' and
inserting ``September 30, 2018''.
(i) Section 2306(b) of the FAA Extension, Safety, and Security Act
of 2016 (130 Stat. 641) is amended by striking ``April 1, 2018'' and
inserting ``October 1, 2018''.
[[Page 1047]]
SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking subparagraph (F) and
inserting the following:
``(F) $10,025,852,000 for fiscal year 2018.''; and
(2) in paragraph (3) by striking ``2017 and for the period
beginning on October 1, 2017, and ending on March 31, 2018'' and
inserting ``2018''.
SEC. 104. SMALL COMMUNITY AIR SERVICE.
(a) Essential Air Service Authorization.--Section 41742(a)(2) of
title 49, United States Code, is amended by striking ``2016'' and all
that follows through ``2018,'' and inserting ``2016 and 2017, and
$150,000,000 for fiscal year 2018''.
(b) Airports Not Receiving Sufficient Service.--Section 41743(e)(2)
of title 49, United States Code, is amended by striking ``2012'' and all
that follows through ``2018,'' and inserting ``2012 through 2017 and
$10,000,000 for fiscal year 2018''.
SEC. 105. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a) of title 49, United States Code, is amended--
(1) in paragraph (5) by striking ``2016 and 2017'' and
inserting ``2016 through 2018''; and
(2) by striking paragraph (6).
SEC. 106. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a)(10) of title 49, United States Code, is amended to
read as follows:
``(10) $176,500,000 for fiscal year 2018.''.
SEC. 107. FUNDING FOR AVIATION PROGRAMS.
The budget authority authorized in this title, including the
amendments made by this title, shall be deemed to satisfy the
requirements of subsections (a)(1)(B) and (a)(2) of section 48114 of
title 49, United States Code, for fiscal year 2018.
SEC. 108. CONTROLLER HIRING.
Section 44506(f) of title 49, United States Code, is amended--
(1) in paragraph (1) by adding at the end the following:
``(C) Special rule.--
``(i) In general.--Notwithstanding
subparagraph (B), after giving preferential
consideration to applicants under subparagraph (A)
and if, after consulting with the labor
organization recognized as the exclusive
representative of air traffic controllers under
section 7111 of title 5, the Administrator
determines there are unique circumstances
affecting a covered facility that warrant a
vacancy announcement with a limited area of
consideration, the Administrator may consider
applicants for the position of air traffic
controller who apply under a vacancy announcement
recruiting from the local commuting area for that
covered facility.
``(ii) Biographical assessments.--The
Administrator shall not use any biographical
assessment with respect to an applicant under this
subparagraph who would otherwise qualify as a Pool
1 applicant under subparagraph (B)(ii).
[[Page 1048]]
``(iii) Covered facility defined.--In this
subparagraph the term `covered facility' means a
radar facility with at least 1,000,000 operations
annually that is located in a metropolitan
statistical area (as defined by the Office of
Management and Budget) with a population estimate
by the Bureau of the Census of more than
15,000,000 (as of July 1, 2016).''; and
(2) in paragraph (3)--
(A) by inserting ``except for individuals covered by
the program described in paragraph (4),'' after
``section 3307 of title 5,''; and
(B) by adding at the end the following:
``(4) Retired military controllers.--The Administrator may
establish a program to provide an original appointment to a
position as an air traffic controller for individuals who--
``(A) are on terminal leave pending retirement from
active duty military service or have retired from active
duty military service within 5 years of applying for the
appointment; and
``(B) have held either an air traffic certification
or air traffic control facility rating according to
Administration standards within 5 years of applying for
the appointment.''.
Subtitle B--Aviation Revenue Provisions
SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
1986 <> is amended--
(1) in the matter preceding subparagraph (A) by striking
``April 1, 2018'' and inserting ``October 1, 2018''; and
(2) in subparagraph (A) by striking the semicolon at the end
and inserting ``or the Airport and Airway Extension Act of
2018;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code is
amended by striking ``April 1, 2018'' and inserting ``October 1, 2018''.
SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``March 31, 2018'' and inserting
``September 30, 2018''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ``March 31, 2018'' and inserting ``September
30, 2018''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``March 31, 2018'' and inserting ``September
30, 2018''.
(c) Fractional Ownership Programs.--
(1) Treatment as noncommercial aviation.--Section 4083(b) of
such Code is amended by striking ``April 1, 2018'' and inserting
``October 1, 2018''.
[[Page 1049]]
(2) Exemption from ticket taxes.--Section 4261(j) of such
Code is amended <> by striking ``March 31,
2018'' and inserting ``September 30, 2018''.
TITLE II--IMMIGRATION EXTENSIONS
Sec. 201. Section 401(b) <> of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) shall be applied by substituting ``September 30,
2018'' for ``September 30, 2015''.
Sec. 202. Subclauses <>
101(a)(27)(C)(ii)(II) and (III) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by
substituting ``September 30, 2018'' for ``September 30, 2015''.
Sec. 203. Section <> 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C.
1182 note) shall be applied by substituting ``September 30, 2018'' for
``September 30, 2015''.
Sec. 204. Section <> 610(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied
by substituting ``September 30, 2018'' for ``September 30, 2015''.
Sec. 205. Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2018 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of aliens
who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8
U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation
by not more than the highest number of H-2B nonimmigrants who
participated in the H-2B returning worker program in any fiscal year in
which returning workers were exempt from such numerical limitation.
TITLE III--NATIONAL FLOOD INSURANCE PROGRAM EXTENSION
Sec. 301. Sections <> 1309(a) and 1319 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026)
shall be applied by substituting ``July 31, 2018'' for ``September 30,
2017''.
TITLE IV--PESTICIDE REGISTRATION IMPROVEMENT ACT EXTENSION
Sec. 401. (a) <> The following sections
of the Federal Insecticide, Fungicide, and Rodenticide Act shall
continue in effect through September 30, 2018--
(1) subparagraphs (C) through (E) of section 4(i)(1) (7
U.S.C. 136a-1(i)(1)(C)-(E));
(2) section 4(k)(3) (7 U.S.C. 136a-1(k)(3));
(3) section 4(k)(4) (7 U.S.C. 136a-1(k)(4)); and
(4) section 33(c)(3)(B) (7 U.S.C. 136w-8(c)(3)(B)).
[[Page 1050]]
(b)(1) <> Section 4(i)(1)(I) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
1(i)(1)(I)) shall be applied by substituting ``September 30, 2018'' for
``September 30, 2017''.
(2) <> Notwithstanding section
33(m)(2) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136w-8(m)(2)), section 33(m)(1) of such Act (7
U.S.C. 136w-8(m)(1)) shall be applied by substituting
``September 30, 2018'' for ``September 30, 2017''.
(c) <> Section 408(m)(3) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied by
substituting ``September 30, 2018'' for ``September 30, 2017''.
TITLE V--GENERALIZED SYSTEM OF PREFERENCES
SEC. 501. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.
(a) In General.--Section 505 of the Trade Act of 1974 (19 U.S.C.
2465) is amended by striking ``December 31, 2017'' and inserting
``December 31, 2020''.
(b) <> Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to articles entered on or after the 30th day after the
date of the enactment of this Act.
(2) Retroactive application for certain liquidations and
reliquidations.--
(A) In general.--Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law and subject to subparagraph (B), any
entry of a covered article to which duty-free treatment
or other preferential treatment under title V of the
Trade Act of 1974 (19 U.S.C. 2461 et seq.) would have
applied if the entry had been made on December 31, 2017,
that was made--
(i) after December 31, 2017, and
(ii) before the effective date specified in
paragraph (1),
shall be liquidated or reliquidated as though such entry
occurred on the effective date specified in paragraph
(1).
(B) Requests.--A liquidation or reliquidation may be
made under subparagraph (A) with respect to an entry
only if a request therefor is filed with U.S. Customs
and Border Protection not later than 180 days after the
date of the enactment of this Act that contains
sufficient information to enable U.S. Customs and Border
Protection--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot be
located.
(C) Payment of amounts owed.--Any amounts owed by
the United States pursuant to the liquidation or
reliquidation of an entry of a covered article under
subparagraph (A) shall be paid, without interest, not
later than 90 days after the date of the liquidation or
reliquidation (as the case may be).
(3) Definitions.--In this subsection:
[[Page 1051]]
(A) Covered article.--The term ``covered article''
means an article from a country that is a beneficiary
developing country under title V of the Trade Act of
1974 (19 U.S.C. 2461 et seq.) as of the effective date
specified in paragraph (1).
(B) Enter; entry.--The terms ``enter'' and ``entry''
include a withdrawal from warehouse for consumption.
(c) Annual Report on Enforcement of Eligibility Criteria.--Not later
than 1 year after the date of the enactment of this Act, and annually
thereafter through December 31, 2020, the United States Trade
Representative shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate a
report on efforts to ensure that countries designated as beneficiary
developing countries under title V of the Trade Act of 1974 (19 U.S.C.
2461 et seq.) are meeting the eligibility criteria set forth in section
502(c) of such Act (19 U.S.C. 2462(c)).
SEC. 502. TECHNICAL MODIFICATION TO PROCEDURES FOR COMPETITIVE NEED
LIMITATION AND WAIVERS.
Section 503 of the Trade Act of 1974 (19 U.S.C. 2463) is amended--
(1) in subsection (c)(2)--
(A) in the matter following subparagraph (A)(i)(II),
by striking ``July 1'' and inserting ``November 1''; and
(B) in subparagraph (E), by striking ``on January 1,
1995'' and inserting ``in any of the preceding 3
calendar years''; and
(2) in subsection (d), by striking ``July 1'' each place it
appears and inserting ``November 1''.
SEC. 503. CUSTOMS USER FEES.
Section 13031(j)(3)(A) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is amended by
striking ``February 24, 2027'' and inserting ``July 21, 2027''.
TITLE VI--JUDICIAL REDACTION AUTHORITY EXTENSION
SEC. 601. EXTENSION OF REDACTION AUTHORITY CONCERNING SENSITIVE SECURITY
INFORMATION.
Section 105(b)(3)(E) of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended by striking ``2017'' both places it appears and
inserting ``2027''.
TITLE VII--BUDGETARY EFFECTS
SEC. 701. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this division
and each succeeding division shall not be entered on any
[[Page 1052]]
PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res.
71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION N--BUILD <> ACT
SECTION 1. SHORT TITLE.
This division may be cited as the ``Brownfields Utilization,
Investment, and Local Development Act of 2018'' or the ``BUILD Act''.
SEC. 2. REDEVELOPMENT CERTAINTY FOR GOVERNMENTAL ENTITIES.
Section 101(20)(D) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is amended
by striking ``ownership or control'' and all that follows through ``by
virtue'' and inserting ``ownership or control through seizure or
otherwise in connection with law enforcement activity, or through
bankruptcy, tax delinquency, abandonment, or other circumstances in
which the government acquires title by virtue''.
SEC. 3. ALASKA NATIVE VILLAGE AND NATIVE CORPORATION RELIEF.
Section 101(20) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is
amended--
(1) by redesignating subparagraphs (E) through (G) as
subparagraphs (F) through (H), respectively;
(2) by inserting after subparagraph (D) the following:
``(E) Exclusion of certain alaska native villages
and native corporations.--
``(i) In general.--The term `owner or
operator' does not include, with respect to a
facility conveyed to a Native village or Native
Corporation (as those terms are defined in section
3 of the Alaska Native Claims Settlement Act)
under the Alaska Native Claims Settlement Act--
``(I) the Native village or Native
Corporation that received the facility
from the United States Government; or
``(II) a successor in interest to
which the facility was conveyed under
section 14(c) of such Act.
``(ii) Limitation.--The exclusion provided
under this subparagraph shall not apply to any
entity described in clause (i) that causes or
contributes to
[[Page 1053]]
a release or threatened release of a hazardous
substance from the facility conveyed as described
in such clause.'';
(3) in subparagraph (G) (as so redesignated), in the matter
preceding clause (i), by striking ``subparagraph (E)'' and
inserting ``subparagraph (F)''; and
(4) in clause (i)(II) of subparagraph (H) (as so
redesignated), by striking ``1813)'' and inserting ``1813))''.
SEC. 4. PETROLEUM BROWNFIELD ENHANCEMENT.
Section 101(39)(D)(ii)(II) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(39)(D)(ii)(II)) is amended by amending item (bb) to read as
follows:
``(bb) is a site for which there is no viable responsible party and
that is determined by the Administrator or the State, as appropriate, to
be a site that will be assessed, investigated, or cleaned up by a person
that is not potentially liable for cleaning up the site under this Act
or any other law pertaining to the cleanup of petroleum products; and''.
SEC. 5. PROSPECTIVE PURCHASERS AND LESSEES.
(a) Bona Fide Prospective Purchaser.--Section 101(40) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601(40)) is amended--
(1) in subparagraph (B)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and
indenting appropriately;
(B) in subclause (I) (as so redesignated), by
striking ``clauses (ii) and (iii)'' and inserting
``subclauses (II) and (III)'';
(C) in subclause (II) (as so redesignated), by
striking ``subparagraph'' and inserting ``clause''; and
(D) in subclause (III) (as so redesignated), by
striking ``subparagraph'' and inserting ``clause'';
(2) in subparagraph (D), by redesignating clauses (i)
through (iii) as subclauses (I) through (III), respectively, and
indenting appropriately;
(3) in subparagraph (F), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and indenting
appropriately;
(4) in subparagraph (H)--
(A) in clause (i)--
(i) in subclause (II), by inserting ``, by a
tenancy, by the instruments by which a leasehold
interest in the facility is created,'' after
``financed''; and
(ii) by redesignating subclauses (I) and (II)
as items (aa) and (bb), respectively, and
indenting appropriately; and
(B) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and indenting
appropriately;
(5) by redesignating subparagraphs (B) through (H) as
clauses (ii) through (viii), respectively, and indenting
appropriately; and
(6) by striking the paragraph designation and heading and
all that follows through ``All disposal of'' in subparagraph (A)
and inserting the following:
[[Page 1054]]
``(40) Bona fide prospective purchaser.--
``(A) In general.--The term `bona fide prospective
purchaser' means, with respect to a facility--
``(i) a person who--
``(I) acquires ownership of the
facility after January 11, 2002; and
``(II) establishes by a
preponderance of the evidence each of
the criteria described in clauses (i)
through (viii) of subparagraph (B); and
``(ii) a person--
``(I) who acquires a leasehold
interest in the facility after January
11, 2002;
``(II) who establishes by a
preponderance of the evidence that the
leasehold interest is not designed to
avoid liability under this Act by any
person; and
``(III) with respect to whom any of
the following conditions apply:
``(aa) The owner of the
facility that is subject to the
leasehold interest is a person
described in clause (i).
``(bb)(AA) The owner of the
facility that is subject to the
leasehold interest was a person
described in clause (i) at the
time the leasehold interest was
acquired, but can no longer
establish by a preponderance of
the evidence each of the
criteria described in clauses
(i) through (viii) of
subparagraph (B) due to
circumstances unrelated to any
action of the person who holds
the leasehold interest; and
``(BB) the person who holds
the leasehold interest
establishes by a preponderance
of the evidence each of the
criteria described in clauses
(i), (iii), (iv), (v), (vi),
(vii), and (viii) of
subparagraph (B).
``(cc) The person who holds
the leasehold interest
establishes by a preponderance
of the evidence each of the
criteria described in clauses
(i) through (viii) of
subparagraph (B).
``(B) Criteria.--The criteria described in this
subparagraph are as follows:
``(i) Disposal prior to acquisition.--All
disposal of''.
(b) Limitation on Liability.--Section 107(r)(1) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607(r)(1)) is amended by striking ``purchaser's'' and inserting
``bona fide prospective purchaser''.
SEC. 6. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.
Section 104(k)(1) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is
amended--
(1) in subparagraph (G), by striking ``or'' after the
semicolon;
(2) in subparagraph (H), by striking the period at the end
and inserting a semicolon; and
[[Page 1055]]
(3) by adding at the end the following:
``(I) an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of that Code;
``(J) a limited liability corporation in which all
managing members are organizations described in
subparagraph (I) or limited liability corporations whose
sole members are organizations described in subparagraph
(I);
``(K) a limited partnership in which all general
partners are organizations described in subparagraph (I)
or limited liability corporations whose sole members are
organizations described in subparagraph (I); or
``(L) a qualified community development entity (as
defined in section 45D(c)(1) of the Internal Revenue
Code of 1986).''.
SEC. 7. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Exemption for certain publicly owned
brownfield sites.--Notwithstanding paragraph
(5)(B)(iii), an eligible entity described in any of
subparagraphs (A) through (H) of paragraph (1) may
receive a grant under this paragraph for property
acquired by that eligible entity prior to January 11,
2002, even if the eligible entity does not qualify as a
bona fide prospective purchaser, so long as the eligible
entity has not caused or contributed to a release or
threatened release of a hazardous substance at the
property.''; and
(2) in paragraph (3), by adding at the end the following:
``(E) Exemption for certain publicly owned
brownfield sites.--Notwithstanding paragraph
(5)(B)(iii), an eligible entity described in any of
subparagraphs (A) through (H) of paragraph (1) may
receive a grant or loan under this paragraph for
property acquired by that eligible entity prior to
January 11, 2002, even if the eligible entity does not
qualify as a bona fide prospective purchaser, so long as
the eligible entity has not caused or contributed to a
release or threatened release of a hazardous substance
at the property.''.
SEC. 8. INCREASED FUNDING FOR REMEDIATION GRANTS.
Section 104(k)(3)(A)(ii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to be
remediated'' and inserting ``$500,000 for each site to be remediated,
which limit may be waived by the Administrator, but not to exceed a
total of $650,000 for each site, based on the anticipated level of
contamination, size, or ownership status of the site''.
SEC. 9. MULTIPURPOSE BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended--
[[Page 1056]]
(1) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(2) in paragraph (3)(A), in the matter preceding clause (i),
by striking ``Subject to paragraphs (4) and (5)'' and inserting
``Subject to paragraphs (5) and (6)'';
(3) by inserting after paragraph (3) the following:
``(4) Multipurpose brownfields grants.--
``(A) In general.--Subject to subparagraph (D) and
paragraphs (5) and (6), the Administrator shall
establish a program to provide multipurpose grants to an
eligible entity based on the criteria under subparagraph
(C) and the considerations under paragraph (3)(C), to
carry out inventory, characterization, assessment,
planning, or remediation activities at 1 or more
brownfield sites in an area proposed by the eligible
entity.
``(B) Grant amounts.--
``(i) Individual grant amounts.--Each grant
awarded under this paragraph shall not exceed
$1,000,000.
``(ii) Cumulative grant amounts.--The total
amount of grants awarded for each fiscal year
under this paragraph may not exceed 15 percent of
the funds made available for the fiscal year to
carry out this subsection.
``(C) Criteria.--In awarding a grant under this
paragraph, the Administrator shall consider the extent
to which the eligible entity is able--
``(i) to provide an overall plan for
revitalization of the 1 or more brownfield sites
in the proposed area in which the multipurpose
grant will be used;
``(ii) to demonstrate a capacity to conduct
the range of eligible activities that will be
funded by the multipurpose grant; and
``(iii) to demonstrate that a multipurpose
grant will meet the needs of the 1 or more
brownfield sites in the proposed area.
``(D) Condition.--As a condition of receiving a
grant under this paragraph, each eligible entity shall
expend the full amount of the grant by not later than
the date that is 5 years after the date on which the
grant is awarded to the eligible entity, unless the
Administrator provides an extension.
``(E) Ownership.--An eligible entity that receives a
grant under this paragraph may not expend any of the
grant funds for the remediation of a brownfield site
unless the eligible entity owns the brownfield site.'';
and
(4) by striking ``paragraph (2) or (3)'' each place it
appears and inserting ``paragraph (2), (3), or (4)''.
SEC. 10. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.
Paragraph (5) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 9 of this Act) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Prohibition.--No part of a grant or loan under
this subsection may be used for the payment of--
[[Page 1057]]
``(i) a penalty or fine;
``(ii) a Federal cost-share requirement;
``(iii) a response cost at a brownfield site
for which the recipient of the grant or loan is
potentially liable under section 107; or
``(iv) a cost of compliance with any Federal
law (including a Federal law specified in section
101(39)(B)), excluding the cost of compliance with
laws applicable to the cleanup.''; and
(2) by adding at the end the following:
``(E) Administrative costs.--
``(i) In general.--An eligible entity may use
up to 5 percent of the amounts made available
under a grant or loan under this subsection for
administrative costs.
``(ii) Restriction.--For purposes of clause
(i), the term `administrative costs' does not
include--
``(I) investigation and
identification of the extent of
contamination of a brownfield site;
``(II) design and performance of a
response action; or
``(III) monitoring of a natural
resource.''.
SEC. 11. GRANT APPLICATIONS.
(a) Waterfront Brownfields Grants; Clean Energy on Brownfield
Sites.--Paragraph (6)(C) of section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) (as redesignated by section 9 of this Act) is amended by
adding at the end the following:
``(xi) The extent to which a grant would
address a site adjacent to a body of water or a
federally designated flood plain.
``(xii) The extent to which a grant would
facilitate--
``(I) the location at a brownfield
site of a facility that generates
renewable electricity from wind, solar,
or geothermal energy; or
``(II) any energy efficiency
improvement project at a brownfield
site, including a project for a combined
heat and power system or a district
energy system.''.
(b) Report on Ranking Criteria.--Paragraph (6) of section 104(k) of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 9 of this
Act) is amended by adding at the end the following:
``(D) Report on ranking criteria.--Not later than
September 30, 2022, the Administrator shall submit to
Congress a report regarding the Administrator's use of
the ranking criteria described in subparagraph (C) in
awarding grants under this subsection.''.
SEC. 12. AUDITS.
Paragraph (8) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 9 of this Act) is amended by striking ``3
years after the date of the enactment of this subsection'' and inserting
``September 30, 2022''.
[[Page 1058]]
SEC. 13. BROWNFIELDS FUNDING.
Paragraph (13) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 9 of this Act) is amended to read as
follows:
``(13) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $200,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 14. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.
(a) In General.--Section 128(a)(1)(B) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9628(a)(1)(B)) is amended--
(1) in clause (ii)--
(A) in subclause (I), by striking ``; or'' and
inserting a semicolon;
(B) in subclause (II), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(III) assist small communities,
Indian tribes, rural areas, or
disadvantaged areas in carrying out
activities described in section
104(k)(7)(A) with respect to brownfield
sites.''; and
(2) by adding at the end the following:
``(iii) Small communities, indian tribes,
rural areas, and disadvantaged areas.--
``(I) In general.--To make grants to
States or Indian tribes under clause
(ii)(III), the Administrator may use, in
addition to amounts available to carry
out this subsection, not more than
$1,500,000 of the amounts made available
to carry out section 104(k)(7) in each
fiscal year.
``(II) Limitation.--Each grant made
under subclause (I) may be not more than
$20,000.
``(III) Inclusion in other grants.--
The Administrator may, at the request of
a State or Indian tribe, include a grant
under this clause in any other grant to
the State or Indian tribe made under
this subsection.
``(iv) Definitions.--In this subparagraph:
``(I) Disadvantaged area.--The term
`disadvantaged area' means a community
with an annual median household income
that is less than 80 percent of the
statewide annual median household
income, as determined by the President
based on the latest available decennial
census.
``(II) Small community.--The term
`small community' means a community with
a population of not more than 15,000
individuals, as determined by the
President based on the latest available
decennial census.''.
(b) Conforming Amendment.--Section 104(g)(1) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(g)(1)) is amended by inserting ``or section
128(a)(1)(B)(ii)(III)'' after ``under this section''.
[[Page 1059]]
SEC. 15. STATE RESPONSE PROGRAM FUNDING.
Section 128(a)(3) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is
amended to read as follows:
``(3) Funding.--There is authorized to be appropriated to
carry out this subsection $50,000,000 for each of fiscal years
2019 through 2023.''.
DIVISION O--WILDFIRE <> SUPPRESSION FUNDING AND FOREST MANAGEMENT
ACTIVITIES ACT
SEC. 101. <> SHORT TITLE.
This division may be cited as the ``Wildfire Suppression Funding and
Forest Management Activities Act''.
TITLE I--WILDFIRE AND DISASTER FUNDING ADJUSTMENT
SEC. 102. WILDFIRE AND DISASTER FUNDING ADJUSTMENT.
(a) Section 251(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended--
(1) in subparagraph (D)(i), by striking subclauses (I) and
(II) and inserting the following--
``(I) the average over the previous
10 years (excluding the highest and
lowest years) of the sum of the funding
provided for disaster relief (as that
term is defined on the date immediately
before the date of enactment of the
Wildfire Suppression Funding and Forest
Management Activities Act);
``(II) notwithstanding clause (iv),
starting in fiscal year 2018, five
percent of the total appropriations
provided after fiscal year 2011 or in
the previous 10 years, whichever is
less, net of any rescissions of budget
authority enacted in the same period,
with respect to amounts provided for
major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121
et seq.) and designated by the Congress
and the President as an emergency
pursuant to subparagraph (A)(i) of this
paragraph; and
``(III) the cumulative net total of
the unused carryover for fiscal year
2018 and all subsequent fiscal years,
where the unused carryover for each
fiscal year is calculated as the sum of
the amounts in subclauses (I) and (II)
less the enacted appropriations for that
fiscal year that have been designated as
being for disaster relief.'';
(2) in subparagraph (D)(ii), by striking ``not later than 30
days after the date of enactment of the Budget Control Act of
2011'' and inserting ``not later than 30 days after the
[[Page 1060]]
date of enactment of the Wildfire Suppression Funding and Forest
Management Activities Act''; and
(3) by adding at the end the following:
``(F) Wildfire suppression.--
``(i) Additional new budget authority.--If,
for fiscal years 2020 through 2027, a bill or
joint resolution making appropriations for a
fiscal year is enacted that provides an amount for
wildfire suppression operations in the Wildland
Fire Management accounts at the Department of
Agriculture or the Department of the Interior,
then the adjustments for that fiscal year shall be
the amount of additional new budget authority
provided in that Act for wildfire suppression
operations for that fiscal year, but shall not
exceed--
``(I) for fiscal year 2020,
$2,250,000,000;
``(II) for fiscal year 2021,
$2,350,000,000;
``(III) for fiscal year 2022,
$2,450,000,000;
``(IV) for fiscal year 2023,
$2,550,000,000;
``(V) for fiscal year 2024,
$2,650,000,000;
``(VI) for fiscal year 2025,
$2,750,000,000;
``(VII) for fiscal year 2026,
$2,850,000,000; and
``(VIII) for fiscal year 2027,
$2,950,000,000.
``(ii) Definitions.--In this subparagraph:
``(I) Additional new budget
authority.--The term `additional new
budget authority' means the amount
provided for a fiscal year in an
appropriation Act that is in excess of
the average costs for wildfire
suppression operations as reported in
the budget of the President submitted
under section 1105(a) of title 31,
United States Code, for fiscal year 2015
and are specified to pay for the costs
of wildfire suppression operations in an
amount not to exceed the amount
specified for that fiscal year in clause
(i).
``(II) Wildfire suppression
operations.--The term `wildfire
suppression operations' means the
emergency and unpredictable aspects of
wildland firefighting, including--
``(aa) support, response,
and emergency stabilization
activities;
``(bb) other emergency
management activities; and
``(cc) the funds necessary
to repay any transfers needed
for the costs of wildfire
suppression operations.''.
(b) <> The amendment made by paragraph (1)
of subsection (a) shall begin to apply in fiscal year 2019.
SEC. 103. <> REQUEST FOR ADDITIONAL WILDFIRE
SUPPRESSION FUNDS.
If the amount provided for wildfire suppression operations for that
fiscal year will be exhausted within 30 calendar days, the Secretary of
the Interior or the Secretary of Agriculture (as applicable), in
consultation with the Director of the Office of Management and Budget,
shall promptly submit a request to Congress for supplemental
appropriations.
[[Page 1061]]
SEC. 104. <> REPORTING REQUIREMENTS.
(a) In General.--Not later than 90 days after the end of the fiscal
year for which additional new budget authority is used, pursuant to
section 251(b)(2)(F)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(F)(i)), as added by section 102
of this division, the Secretary of the Interior or the Secretary of
Agriculture (as applicable), in consultation with the Director of the
Office of Management and Budget, shall--
(1) prepare an annual report with respect to the additional
new budget authority;
(2) submit to the Committees on Appropriations, the Budget,
and Natural Resources of the House of Representatives and the
Committees on Appropriations, the Budget, and Energy and Natural
Resources of the Senate the annual report prepared under
paragraph (1); and
(3) make the report prepared under paragraph (1) available
to the public.
(b) Components.--The annual report prepared under subsection (a)(1)
shall--
(1) document obligations and outlays of the additional new
budget authority for wildfire suppression operations;
(2) identify risk-based factors that influenced management
decisions with respect to wildfire suppression operations;
(3) analyze a statistically significant sample of large
fires, including an analysis for each fire of--
(A) cost drivers;
(B) the effectiveness of risk management techniques
and whether fire operations strategy tracked the risk
assessment;
(C) any resulting ecological or other benefits to
the landscape;
(D) the impact of investments in wildfire
suppression operations preparedness;
(E) effectiveness of wildfire suppression
operations, including an analysis of resources lost
versus dollars invested;
(F) effectiveness of any fuel treatments on fire
behavior and suppression expenditures;
(G) levels of exposure experienced by firefighters;
(H) suggested corrective actions; and
(I) any other factors the Secretary of the Interior
or Secretary of Agriculture (as applicable) determines
to be appropriate;
(4) include an accounting of overall fire management and
spending by the Department of the Interior or the Department of
Agriculture, which shall be analyzed by fire size, cost,
regional location, and other factors;
(5) describe any lessons learned in the conduct of wildfire
suppression operations; and
(6) include any other elements that the Secretary of the
Interior or the Secretary of Agriculture (as applicable)
determines to be necessary.
[[Page 1062]]
TITLE II--FOREST MANAGEMENT ACTIVITIES
SEC. 201. <> DEFINITIONS.
In this title:
(1) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(2) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
public land.
SEC. 202. WILDFIRE RESILIENCE PROJECTS.
Insert at the end of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511) the following new section:
``SEC. 605. <> WILDFIRE RESILIENCE PROJECTS.
``(a) In General.--Hazardous fuels reduction projects, as defined in
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(2)) may be--
``(1) carried out in accordance with subsections (b), (c),
and (d) of section 102 and sections 104 and 105;
``(2) considered an action categorically excluded from the
requirements of Public Law 91-190 (42 U.S.C. 4321 et seq.); and
``(3) exempt from the special administrative review process
under section 105.
``(b) Collaborative Restoration Project.--
``(1) In general.--A project referred to in subsection (a)
is a project to carry out forest restoration treatments that--
``(A) maximizes the retention of old-growth and
large trees, as appropriate for the forest type, to the
extent that the trees promote stands that are resilient
to insects and disease, and reduce the risk or extent
of, or increase the resilience to, wildfires;
``(B) considers the best available scientific
information to maintain or restore the ecological
integrity, including maintaining or restoring structure,
function, composition, and connectivity; and
``(C) is developed and implemented through a
collaborative process that--
``(i) includes multiple interested persons
representing diverse interests; and
``(ii)(I) is transparent and nonexclusive; or
``(II) meets the requirements for a
resource advisory committee under
subsections (c) through (f) of section
205 of the Secure Rural Schools and
Community Self-Determination Act of 2000
(16 U.S.C. 7125).
[[Page 1063]]
``(2) Inclusion.--A project under this subsection may carry
out part of a proposal that complies with the eligibility
requirements of the Collaborative Forest Landscape Restoration
Program under section 4003(b) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(b)).
``(c) Limitations.--
``(1) Project size.--A project under this section may not
exceed 3000 acres.
``(2) Location.--A project under this section shall be--
``(A) Prioritized within the wildland-urban
interface;
``(B) If located outside the wildland-urban
interface, limited to areas within Condition Classes 2
or 3 in Fire Regime Groups I, II, or III that contain
very high wildfire hazard potential; and
``(C) Limited to areas designated under section
602(b) as of the date of enactment of this Act.
``(3) Roads.--
``(A) Permanent roads.--
``(i) Prohibition on establishment.--A project
under this section shall not include the
establishment of permanent roads.
``(ii) Existing roads.--The Secretary may
carry out necessary maintenance and repairs on
existing permanent roads for the purposes of this
section.
``(B) Temporary roads.--The Secretary shall
decommission any temporary road constructed under a
project under this section not later than 3 years after
the date on which the project is completed.
``(4) Extraordinary circumstances.--The Secretary shall
apply the extraordinary circumstances procedures under section
220.6 of title 36, code of Federal regulations (or successor
regulations), when using the categorical exclusion under this
section.
``(d) Exclusions.--This section does not apply to--
``(1) a component of the National Wilderness Preservation
System;
``(2) any Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation is
restricted or prohibited;
``(3) a congressionally designated wilderness study area; or
``(4) an area in which activities under subsection (a) would
be inconsistent with the applicable land and resource management
plan.
``(e) Forest Management Plans.--All projects and activities carried
out under this section shall be consistent with the land and resource
management plan established under section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) for the unit
of the National Forest System containing the projects and activities.
``(f) Public Notice and Scoping.--The Secretary shall conduct public
notice and scoping for any project or action proposed in accordance with
this section.
``(g) Accountability.--
``(1) In general.--The Secretary shall prepare an annual
report on the use of categorical exclusions under this section
[[Page 1064]]
that includes a description of all acres (or other appropriate
unit) treated through projects carried out under this section.
``(2) Submission.--Not later than 1 year after the date of
enactment of this section, and each year thereafter, the
Secretary shall submit the reports required under paragraph (1)
to--
``(A) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
``(B) the Committee on Environment and Public Works
of the Senate;
``(C) the Committee on Agriculture of the House of
Representatives;
``(D) the Committee on Natural Resources of the
House of Representatives; and
``(E) the Government Accountability Office.''.
SEC. 203. INSTALLATION OF FUEL BREAKS AND FIREBREAKS FOR HAZARDOUS FUEL
REDUCTION ON FEDERAL LAND.
Section 101(2) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511(2)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(2) by adding at the end the following:
``(B) Inclusion.--The term `authorized hazardous
fuel reduction project' includes, using the measures and
methods described in subparagraph (A), the installation
of--
``(i) a natural or manmade change in fuel
characteristics that affects fire behavior such
that a fire can be more readily controlled
(commonly known as a `fuel break'); and
``(ii) a natural or constructed barrier used
to stop or check a fire or to provide a control
line from which to work to stop or check a fire
(commonly known as a `firebreak').''.
SEC. 204. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT CONTRACTING
PROJECTS.
Section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c) is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Cancellation Ceilings.--
``(1) In general.--Notwithstanding section 3903(b)(1) of
title 41, United States Code, the Chief and the Director may
obligate funds in stages that are economically or
programmatically viable to cover any potential cancellation or
termination costs for an agreement or contract under subsection
(b).
``(2) Advance notice to congress of cancellation ceiling in
excess of $25,000,000.--Not later than 30 days before entering
into a multiyear agreement or contract under subsection (b) that
includes a cancellation ceiling in excess of $25,000,000, but
does not include proposed funding for the costs of cancelling
the agreement or contract up to that cancellation ceiling, the
Chief or the Director, as applicable, shall submit to the
Committee on Energy and Natural Resources
[[Page 1065]]
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Natural Resources and the Committee
on Agriculture of the House of Representatives a written notice
that includes--
``(A) a description of the cancellation ceiling
amounts proposed for each program year in the agreement
or contract;
``(B) the reasons why the cancellation ceiling
amounts described under subparagraph (A) were selected;
``(C) a description of the extent to which the costs
of contract cancellation are not included in the budget
for the agreement or contract; and
``(D) an assessment of the financial risk of not
including budgeting for the costs of agreement or
contract cancellation.
``(3) Transmittal of notice to omb.--Not later than 14 days
after the date on which written notice is provided under
paragraph (2), the Chief or the Director, as appropriate, shall
transmit a copy of the notice to the Director of the Office of
Management and Budget.''.
SEC. 205. EXCESS OFFSET VALUE.
Section 604(g)(2) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c(g)(2)) is amended by striking subparagraphs (A) and (B) and
inserting the following:
``(A) use the excess to satisfy any outstanding
liabilities for cancelled agreements or contracts; or
``(B) if there are no outstanding liabilities
described in subparagraph (A), apply the excess to other
authorized stewardship projects.''.
SEC. 206. SUBMISSION OF EXISTING ANNUAL REPORT.
Subsection (j) of section 604 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591c) (as redesignated by section 204 of this Act),
is amended by striking ``report to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Agriculture
of the House of Representatives'' and inserting ``submit to the
congressional committees described in subsection (h)(2) a report''.
SEC. 207. <> 20-YEAR STEWARDSHIP CONTRACTING.
(a) In General.--The Secretary of Agriculture and the Secretary of
the Interior may award contracts or agreements under section 604 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511), for terms not
to exceed 20 years on areas where the majority of Federal lands are in
Fire Regime Groups I, II, or III.
(b) Preference.--In awarding a contract under this section, the
Secretary concerned may, notwithstanding the Federal Acquisition
Regulations, give a procurement preference to a contractor that would,
as part of the contract, promote an innovative use of forest products,
including cross-laminated timber.
SEC. 208. CONSULTATION UNDER FOREST AND RANGELAND RENEWABLE RESOURCES
PLANNING ACT OF 1974.
(a) Consultation Regarding Land Management Plans.--Section 6(d) of
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604(d)) is amended--
[[Page 1066]]
(1) by striking ``(d) The Secretary'' and inserting the
following:
``(d) Public Participation and Consultation.--
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) No additional consultation required after approval of
land management plans.--
``(A) In general.--Except as provided in
subparagraph (B), notwithstanding any other provision of
law, the Secretary shall not be required to engage in
consultation under this section or any other provision
of law (including section 7 of Public Law 93-205 (16
U.S.C. 1536) and section 402.16 of title 50, Code of
Federal Regulations (or a successor regulation)) with
respect to--
``(i) the listing of a species as threatened
or endangered, or a designation of critical
habitat pursuant to Public Law 93-205 (16 U.S.C.
1531 et seq.), if a land management plan has been
adopted by the Secretary as of the date of listing
or designation; and
``(ii) any provision of a land management plan
adopted as described in clause (i).
``(B) Exception.--Subparagraph (A) shall not apply
if--
``(i) 15 years have passed since the date on
which the Secretary adopted the land management
plan described in clause (i) of that subparagraph;
and
``(ii) 5 years have passed since the date of
enactment of this section or the date of the
listing of a species as threatened or endangered
for a species known to occur on the unit or the
designation of critical habitat within the unit as
described in clause (i) of that subparagraph,
whichever is later.
``(C) Effect of paragraph.--Nothing in this
paragraph affects any applicable requirement of the
Secretary to consult with the head of any other Federal
department or agency--
``(i) regarding any project carried out, or
proposed to be carried out, to implement a land
management plan pursuant to Public Law 93-205 (16
U.S.C. 1531 et seq.), including any requirement to
consult regarding the consideration of cumulative
impacts of completed, ongoing, and planned
projects; or
``(ii) with respect to--
``(I) the development of a
modification to a land management plan;
or
``(II) an amendment or revision to a
land management plan in accordance with
paragraph (4) or (5) of subsection
(f).''.
(b) Definition of Secretary; Conforming Amendments.--
(1) Definition of secretary.--Section 3(a) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1601(a)) is amended, in the first sentence of the matter
preceding paragraph (1), by inserting ``(referred to in this Act
as the `Secretary')'' after ``Secretary of Agriculture''.
(2) Conforming amendments.--The Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et
seq.) <> is amended,
in sections 4 through 9, 12, 13, and 15,
[[Page 1067]]
by striking ``Secretary of Agriculture'' each place it appears
and inserting ``Secretary''.
SEC. 209. <> OREGON AND CALIFORNIA RAILROAD
REVESTED LANDS AND COOS BAY WAGON ROAD RECONVEYED LANDS.
(a) In General.--Notwithstanding any other provision of law, with
respect to the Oregon and California Railroad grant land revested in the
United States by the Act of June 9, 1916 (39 Stat. 218, chapter 137),
and the Coos Bay Wagon Road grant land reconveyed to the United States
by the first section of the Act of February 26, 1919 (40 Stat. 1179,
chapter 47), that is managed under the Act of August 28, 1937 (43 U.S.C.
2601 et seq.), the Secretary of the Interior, acting through the
Director of the Bureau of Land Management, shall not be required to
engage in consultation under any law (including section 7 of Public Law
93-205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal
Regulations (or a successor regulation)), with respect to--
(1) the listing of a species as threatened or endangered, or
a designation of critical habitat, pursuant to Public Law 93-205
(16 U.S.C. 1531 et seq.), if a land use plan has been adopted by
the Secretary of the Interior as of the date of listing or
designation; and
(2) any provision of a land use plan adopted as described in
paragraph (1).
(b) Effect of Section.--Nothing in this section affects any
applicable requirement of the Secretary of the Interior to consult with
the head of any other Federal department or agency--
(1) regarding a project carried out, or proposed to be
carried out, pursuant to Public Law 93-205 (16 U.S.C. 1531 et
seq.), including any requirement to consult regarding the
consideration of the cumulative impacts of completed, ongoing,
and planned projects; or
(2) with respect to the development of a new land use plan
or the revision of or other significant change to an existing
land use plan.
SEC. 210. <> WILDFIRE HAZARD SEVERITY MAPPING
FOR COMMUNITIES.
(a) Map Required.--Not later than 2 years after the date of the
enactment of this section, the Secretary of Agriculture, acting through
the Chief of the Forest Service, shall--
(1) develop and publish a geospatial map appropriate for
community-level use that depicts wildfire hazard severity to
inform at-risk communities that are--
(A) adjacent to National Forest System lands; or
(B) affected by wildland fire, as determined by the
Secretary; and
(2) disseminate the information under paragraph (1) in an
appropriate, web-based format for use by such communities to--
(A) improve understanding of their risk profile;
(B) clarify thinking on the nature and effect of
wildfire risks; and
(C) develop plans to manage and mitigate those
risks.
(b) Purposes of Map.--The purposes of the map required under
subsection (a) are as follows:
(1) To inform evaluations of wildfire risk.
(2) To prioritize fuels management needs.
[[Page 1068]]
(3) To depict the relative potential for wildfire that could
be difficult for suppression resources to contain and that could
cause ignitions to structures.
(c) Consultation.--In carrying out subsection (a), the Secretary of
Agriculture and Chief of the Forest Service shall consult with--
(1) the Secretary of the Interior;
(2) the Administrator of the Federal Emergency Management
Agency;
(3) other appropriate Federal agencies;
(4) States;
(5) relevant colleges, universities, and institutions of
higher education with relevant expertise; and
(6) other entities, as appropriate.
(d) At-risk Community Defined.--The term ``at-risk community'' has
the meaning given the term in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511).
SEC. 211. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND
MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS OF WAY.
(a) In General.--Title V of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end the
following:
``SEC. 512. <> VEGETATION MANAGMENT, FACILITY
INSPECTION, AND OPERATION AND MAINTENANCE RELATING TO
ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS OF
WAY.
``(a) Definitions.--In this section:
``(1) Hazard tree.--The term `hazard tree' means any tree or
part thereof (whether located inside or outside a right-of-way)
that has been designated, prior to tree failure, by a certified
or licensed arborist or forester under the supervision of the
Secretary concerned or the owner or operator of a transmission
or distribution facility to be--
``(A) dead, likely to die within the routine
vegetation management cycle, or likely to fail within
the routine vegetation management cycle; and
``(B) if the tree or part of the tree failed, likely
to--
``(i) cause substantial damage or disruption
to a transmission or distribution facility; or
``(ii) come within 10 feet of an electric
power line.
``(2) Owner; operator.--The terms `owner' and `operator'
include contractors or other agents engaged by the owner or
operator of an electric transmission or distribution facility.
``(3) Plan.--The term `plan' means a vegetation management,
facility inspection, and operation and maintenance plan that--
``(A) is prepared by the owner or operator of 1 or
more electric transmission or distribution facilities to
cover 1 or more electric transmission and distribution
rights-of-way; and
``(B) provides for the long-term, cost-effective,
efficient, and timely management of facilities and
vegetation within the width of the right-of-way and
abutting Federal land,
[[Page 1069]]
including hazard trees, to enhance electric reliability,
promote public safety, and avoid fire hazards.
``(4) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary, with respect to public lands;
and
``(B) the Secretary of Agriculture, with respect to
National Forest System land.
``(b) Guidance.--
``(1) In general.--To enhance the reliability of the
electric grid and reduce the threat of wildfire damage to, and
wildfire caused by vegetation-related conditions within,
electric transmission and distribution rights-of-way and
abutting Federal land, including hazard trees, the Secretary
concerned shall issue and periodically update guidance to ensure
that provisions are appropriately developed and implemented for
utility vegetation management, facility inspection, and
operation and maintenance of rights-of-way, regardless of the
means by which the rights-of-way are established (including by
grant, special use authorization, and easement).
``(2) Limitation.--The guidance issued under paragraph (1)
shall be compatible with mandatory reliability standards
established by the Electric Reliability Organization.
``(3) Considerations.--The guidance issued under paragraph
(1) shall take into account--
``(A) all applicable law, including fire safety and
electric system reliability requirements (including
reliability standards established by the Electric
Reliability Organization under section 215 of the
Federal Power Act (16 U.S.C. 824o)); and
``(B) the Memorandum of Understanding on Vegetation
Management for Powerline Rights-of-Way between the
Edison Electric Institute, Utility Arborist Association,
the Department of the Interior, the Department of
Agriculture, and the Environmental Protection Agency
signed in 2016.
``(4) Requirements.--The guidance issued under paragraph (1)
shall--
``(A) be developed in consultation with the owners
of transmission and distribution facilities that hold
rights-of-way;
``(B) seek to minimize the need for case-by-case
approvals for --
``(i) routine vegetation management, facility
inspection, and operation and maintenance
activities; and
``(ii) utility vegetation management
activities that are necessary to control hazard
trees; and
``(C) provide for prompt and timely review of
requests to conduct vegetation management activities
that require approval of the Secretary concerned,
especially activities requiring expedited or immediate
action.
``(c) Vegetation Management, Facility Inspection, and Operation and
Maintenance Plans.--
``(1) Development and submission.--Consistent with
subsection (b), the Secretary concerned shall provide owners and
operators of electric transmission or distribution facilities
located on public lands and National Forest System land, as
applicable, with the option to develop and submit a plan.
[[Page 1070]]
``(2) ERO standards.--Owners and operators subject to
mandatory reliability standards established by the Electric
Reliability Organization (or superseding standards) may use
those standards as part of the plan.
``(3) Plan requirements.--A plan developed under paragraph
(1) shall--
``(A) identify the applicable transmission or
distribution facilities to be maintained;
``(B) take into account operations and maintenance
plans for the applicable transmission or distribution
line;
``(C) describe the vegetation management,
inspection, and operation and maintenance methods that
may be used to comply with all applicable law, including
fire safety requirements and reliability standards
established by the Electric Reliability Organization;
``(D) include schedules for--
``(i) the applicable owner or operator to
notify the Secretary concerned about routine and
major maintenance;
``(ii) the applicable owner or operator to
request approval from the Secretary concerned
about undertaking routine and major maintenance;
and
``(iii) the Secretary concerned to respond to
a request by an owner or operator under clause
(ii); and
``(E) describe processes for--
``(i) identifying changes in conditions; and
``(ii) modifying the approved plan, if
necessary.
``(4) Review and approval process.--
``(A) In general.--The Secretary concerned shall
jointly develop a consolidated and coordinated process
for the review and approval of plans submitted under
paragraph (1) that--
``(i) includes timelines and benchmarks for--
``(I) the submission of agency
comments on the plans and schedules for
final decision; and
``(II) the timely review of
modifications of the plans in cases in
which modifications are necessary;
``(ii) is consistent with applicable law; and
``(iii) includes a process for modifications
to a plan in a prompt manner if changed conditions
necessitate a modification to a plan; and
``(iv) ensures, to the maximum extent
practicable, a prompt review and approval process
not to exceed 120 days.
``(B) Plan modification.--Upon reasonable advance
notice to an owner or operator of an electric
transmission or distribution facility of any changed
conditions that warrant a modification to a plan, the
Secretary concerned shall--
``(i) provide an opportunity for the owner or
operator to submit a proposed plan modification,
consistent with the process described under
subparagraph (A)(iii), to address the changed
condition identified by the Secretary concerned;
[[Page 1071]]
``(ii) consider the proposed plan modification
consistent with the process described under
paragraph (4)(A); and
``(iii) allow the owner or operator to
continue to implement any element of the approved
plan that does not directly and adversely affect
the condition precipitating the need for
modification.
``(5) Categories of actions not requiring environmental
analysis.--With respect to the development and approval of plans
submitted under paragraph (1), as well as with respect to
actions carried out under such plans, the Secretary concerned
shall identify categories of actions for which neither an
environmental impact statement nor an environmental assessment
shall be required under section 1508.4 of title 40, Code of
Federal Regulations (or a successor regulation).
``(d) Certain Owners and Operators.--
``(1) In general.--The owner or operator of an electric
transmission or distribution facility that is not subject to the
mandatory reliability standards established by the Electric
Reliability Organization or that sold less than or equal to
1,000,000 megawatt hours of electric energy for purposes other
than resale during each of the 3 calendar years immediately
preceding the date of enactment of this section may enter into
an agreement with the Secretary concerned in lieu of a plan
under subsection (c).
``(2) Minimum requirements.--The Secretary concerned shall
ensure that the minimum requirements for an agreement under
paragraph (1)--
``(A) reflect the relative financial resources of
the applicable owner or operator compared to other
owners or operators of an electric transmission or
distribution facility;
``(B) include schedules as described in subsection
(c)(3)(D);
``(C) are subject to modification requirements as
described in subsection (c)(4)(B); and
``(D) comply with applicable law.
``(e) Emergency Conditions.--If vegetation or hazard trees have
contacted or present an imminent danger of contacting an electric
transmission or distribution line from within or adjacent to an electric
transmission or distribution right-of-way, the owner or operator of the
electric transmission or distribution lines--
``(1) may prune or remove the vegetation or hazard tree--
``(A) to avoid the disruption of electric service;
and
``(B) to eliminate immediate fire and safety
hazards; and
``(2) shall notify the appropriate local agent of the
Secretary concerned not later than 1 day after the date of the
response to emergency conditions.
``(f) Activities That Require Approval.--
``(1) In general.--Except as provided under paragraph (3),
the owner or operator of an electric transmission or
distribution facility may conduct vegetation management
activities that require approval of the Secretary concerned in
accordance with a plan approved under subsection (c) or an
agreement entered into under subsection (d) only with the
approval of the Secretary concerned.
[[Page 1072]]
``(2) Requirement to respond.--The Secretary concerned shall
respond to a request for approval to conduct vegetation
management activities in accordance with the applicable
schedules in a plan approved under subsection (c) or an
agreement entered into under subsection (d).
``(3) Authorized activities.--The owner or operator of an
electric transmission or distribution facility may conduct
vegetation management activities that require approval of the
Secretary concerned in accordance with a plan approved under
subsection (c) or an agreement entered into under subsection (d)
without the approval of the Secretary concerned if--
``(A) the owner or operator submitted a request to
the Secretary concerned in accordance with the
applicable schedule in a plan approved under subsection
(c) or an agreement entered into under subsection (d);
``(B) the vegetation management activities,
including the removal of hazard trees, proposed in the
request under subparagraph (A) are in accordance with a
plan approved under subsection (c) or an agreement
entered into under subsection (d); and
``(C) the Secretary concerned fails to respond to
the request under subparagraph (A) in accordance with
the applicable schedule in a plan approved under
subsection (c) or an agreement entered into under
subsection (d).
``(g) Liability.--
``(1) In general.--The Secretary concerned shall not impose
strict liability for damages or injury resulting from--
``(A) the Secretary concerned unreasonably
withholding or delaying--
``(i) approval of a plan under subsection (c);
or
``(ii) entrance into an agreement under
subsection (d); or
``(B) the Secretary concerned unreasonably failing
to adhere to an applicable schedule in a plan approved
under subsection (c) or an agreement entered into under
subsection (d).
``(2) Damages.--For the period ending 10 years after the
date of the enactment of this subsection, the Secretary
concerned shall not impose strict liability in an amount greater
than $500,000 per incident for damages or injury resulting from
activities conducted by an owner or operator in accordance with
an approved agreement under subsection (d).
``(3) Rule of construction.--Nothing in paragraph (2) shall
be construed to effect any liability imposed by the Secretary
concerned under section 251.56(d) of title 36, Code of Federal
Regulations (as in effect on the date of the enactment of this
section) and section 2807.12 of title 43, Code of Federal
Regulations (as in effect on the date of the enactment of this
section), for activities conducted by an owner or operator in
accordance with an approved plan under subsection (c).
``(h) Reporting Requirement.--
``(1) Activities that require approval.--The Secretary
concerned shall report requests and actions made under
subsection (f) annually on the website of the Secretary
concerned.
``(2) Liability.--Not later than four years after the date
of enactment of this subsection, the Secretary concerned shall
prepare and submit a report to the Committee on Natural
[[Page 1073]]
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate that describes the
effect on the Treasury of the strict liability limitation
established by subsection (g)(2).
``(i) Training and Guidance.--In consultation with the electric
utility industry, the Secretary concerned is encouraged to develop a
program to train personnel of the Department of the Interior and the
Forest Service involved in vegetation management decisions relating to
electric transmission and distribution facilities to ensure that the
personnel--
``(1) understand electric system reliability requirements as
the requirements relate to vegetation management of transmission
and distribution rights-of-way on Federal land, including
reliability standards established by the Electric Reliability
Organization and fire safety requirements;
``(2) assist owners and operators of electric transmission
and distribution facilities in complying with applicable
electric reliability and fire safety requirements;
``(3) encourage and assist willing owners and operators of
electric transmission and distribution facilities to incorporate
on a voluntary basis vegetation management practices to enhance
habitats and forage for pollinators and for other wildlife if
the practices are compatible with the integrated vegetation
management practices necessary for reliability and safety; and
``(4) understand how existing and emerging unmanned
technologies can help electric utilities, the Federal
Government, State and local governments, and private
landowners--
``(A) to more efficiently identify vegetation
management needs;
``(B) to reduce the risk of wildfires; and
``(C) to lower ratepayer energy costs.
``(j) Implementation.--The Secretary concerned shall--
``(1) not later than 1 year after the date of enactment of
this section, propose regulations, or amend existing
regulations, to implement this section; and
``(2) not later than 2 years after the date of enactment of
this section, finalize regulations, or amend existing
regulations, to implement this section.
``(k) Existing Vegetation Management, Facility Inspection, and
Operation and Maintenance Plans.--Nothing in this section requires an
owner or operator to develop and submit a new plan under this section if
a plan consistent with this section has already been approved by the
Secretary concerned before the date of enactment of this section.''.
(b) Clerical Amendment.--The table of sections for the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.), is amended
by inserting after the item relating to section 511 the following new
item:
``Sec. 512. Vegetation management, facility inspection, and operation
and maintenance relating to electric transmission and
distribution facility rights-of-way.''.
SEC. 212. GOOD NEIGHBOR AUTHORITY IMPROVEMENT.
Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a))
is amended--
[[Page 1074]]
(1) in paragraph (3)(B)(i), by striking ``areas; or'' and
inserting the following: ``areas, other than the reconstruction,
repair, or restoration of a National Forest System road that
is--
``(I) necessary to carry out
authorized restoration services pursuant
to a good neighbor agreement; and
``(II) in the case of a National
Forest System road that is determined to
be unneeded in accordance with section
212.5(b)(2) of title 36, Code of Federal
Regulations (as in effect on the date of
enactment of the Good Neighbor Authority
Improvement Act), decommissioned in
accordance with subparagraph (A)(iii)--
``(aa) in a manner that is
consistent with the applicable
travel management plan; and
``(bb) not later than 3
years after the date on which
the applicable authorized
restoration services project is
completed; or'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) National forest system road.--The term `National
Forest System road' has the meaning given the term in section
212.1 of title 36, Code of Federal Regulations (as in effect on
the date of enactment of the Good Neighbor Authority Improvement
Act).''.
TITLE III--FEDERAL <> LAND TRANSACTION FACILITATION
REAUTHORIZATION
SEC. 301. <> SHORT TITLE.
This title may be cited as the ``Federal Land Transaction
Facilitation Act Reauthorization of 2018''.
SEC. 302. FEDERAL LAND TRANSACTION FACILITATION ACT.
The Federal Land Transaction Facilitation Act is amended--
(1) in section 203(1) (43 U.S.C. 2302(1)), by striking
``cultural, or'' and inserting ``cultural, recreational access
and use, or other'';
(2) in section 203(2) (43 U.S.C. 2302(2))--
(A) in the matter preceding subparagraph (A), by
striking ``on the date of enactment of this Act was''
and inserting ``is'';
(B) by amending subparagraph (A) to read as follows:
``(A) a national monument, area of critical
environmental concern, national conservation area,
national riparian conservation area, national recreation
area, national scenic area, research natural area,
national outstanding natural area, priority species and
habitats designated in a land use plan in accordance
with subpart E (entitled ``Fish and Wildlife'') of part
I of Appendix C
[[Page 1075]]
of Bureau of Land Management Land Use Planning Handbook
H-1601-1 (Rel 1-1693), a special recreation management
area, or a national natural landmark managed by the
Bureau of Land Management;''; and
(C) by amending subparagraph (D) to read as follows:
``(D) a National Forest or National Grassland in the
National Forest System; or'';
(3) in section 203 (43 U.S.C. 2302), by inserting the
following paragraph after section 203(2) (and redesignating the
following paragraphs accordingly):
``(3) Inaccessible lands that are open to public hunting,
fishing, recreational shooting, or other recreational
purposes.--The term `inaccessible lands that are open to public
hunting, fishing, recreational shooting, or other recreational
purposes' means public lands in Alaska and the eleven contiguous
Western States (as defined in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702)) consisting
of at least 640 contiguous acres on which the public is allowed
under Federal or State law to hunt, fish, target shoot or use
the land for other recreational purposes but--
``(A) to which there is no public access or egress;
or
``(B) to which public access or egress to the land
is significantly restricted, as determined by the
Secretary.''; and
(4) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``section 206''
and all that follows through the period and inserting
the following: ``section 206--
``(1) to complete appraisals and satisfy other legal
requirements for the sale or exchange of public land identified
for disposal under approved land use plans under section 202 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712);
``(2) not later than 180 days after the date of the
enactment of the Federal Land Transaction Facilitation Act
Reauthorization of 2018, to establish and make available to the
public, on the website of the Department of the Interior, a
database containing a comprehensive list of all the land
referred to in paragraph (1); and
``(3) to maintain the database referred to in paragraph
(2).''; and
(B) by striking subsection (d);
(5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))--
(A) in subparagraph(A)(i), by striking ``inholdings;
and'' and inserting ``inholdings;'';
(B) in subparagraph (A)(ii), by striking
``exceptional resources.'' and inserting ``exceptional
resources; or'';
(C) in subparagraph (A), by inserting after clause
(ii), ``(iii) adjacent to inaccessible lands open to
public hunting, fishing, recreational shooting, or other
recreational purposes.''; and
(D) by adding at the end the following:
``(E) Any funds made available under subparagraph
(D) that are not obligated or expended by the end of the
fourth full fiscal year after the date of the sale or
exchange
[[Page 1076]]
of land that generated the funds may be expended in any
State.'';
(6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))--
(A) by inserting after subparagraph (A) the
following:
``(B) the extent to which the acquisition of the
land or interest therein will increase the public
availability of resources for, and facilitate public
access to, hunting, fishing, and other recreational
activities;''; and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D);
(7) by striking section 206(f) (43 U.S.C. 2305(f)); and
(8) in section 207(b) (43 U.S.C. 2306(b))--
(A) in paragraph (1)--
(i) by striking ``96-568'' and inserting ``96-
586''; and
(ii) by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (2)--
(i) by inserting ``Public Law 105-263;''
before ``112 Stat.''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) the White Pine County Conservation, Recreation, and
Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
``(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
``(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-11);
``(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public
Law 111-11);
``(7) section 2601 of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1108); or
``(8) section 2606 of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1121).''.
TITLE IV--EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000
SEC. 401. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000.
(a) Secure Payments for States and Counties Containing Federal
Land.--
(1) Full funding amount.--Section 3(11) of the Secure Rural
Schools and Community Self-Determination Act (16 U.S.C.
7102(11)) is amended--
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C)--
(i) by striking ``and each fiscal year
thereafter'' and inserting ``through fiscal year
2015''; and
(ii) by striking the period and inserting a
semi-colon; and
(C) by adding at the end the following:
[[Page 1077]]
``(D) for fiscal year 2017, the amount that is equal
to 95 percent of the full funding amount for fiscal year
2015; and
``(E) for fiscal year 2018 and each fiscal year
thereafter, the amount that is equal to 95 percent of
the full funding amount for the preceding fiscal
year.''.
(2) Secure payments.--
(A) In general.--Section 101 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7111) is amended, in subsections (a) and (b), by
striking ``2015'' each place it appears and inserting
``2015, 2017, and 2018''.
(B) Special rule for fiscal year 2017 payments.--
Section 101 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7111) is
amended by adding at the end the following:
``(d) Special Rule for Fiscal Year 2017 Payments.--
``(1) State payment.--If an eligible county in a State that
will receive a share of the State payment for fiscal year 2017
has already received, or will receive, a share of the 25-percent
payment for fiscal year 2017 distributed to the State before the
date of enactment of this subsection, the amount of the State
payment shall be reduced by the amount of the share of the
eligible county of the 25-percent payment.
``(2) County payment.--If an eligible county that will
receive a county payment for fiscal year 2017 has already
received a 50-percent payment for fiscal year 2017, the amount
of the county payment shall be reduced by the amount of the 50-
percent payment.
``(3) Prompt payment.--Not later than 45 days after the date
of enactment of this subsection, the Secretary of the Treasury
shall make all payments under this title for fiscal year
2017.''.
(3) Payments to states and counties.--
(A) Election to receive payment amount.--Section
102(b) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(b)) is
amended--
(i) in paragraph (1), by adding after
subparagraph (C) the following:
``(D) Payments for fiscal years 2017 and 2018.--The
election otherwise required by subparagraph (A) shall
not apply for fiscal years 2017 or 2018.''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by
inserting ``and for fiscal years 2017
and 2018'' after ``2015''; and
(II) in subparagraph (B), by
inserting ``and for fiscal years 2017
and 2018'' after ``2015''.
(B) Expenditure rules for eligible counties.--
Section 102(d) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7112(d)) is
amended--
(i) in paragraph (1), by adding after
subparagraph (E) the following:
``(F) Payments for fiscal years 2017 and 2018.--The
election made by an eligible county under subparagraph
(B), (C), or (D) for fiscal year 2013, or deemed to be
made
[[Page 1078]]
by the county under paragraph (3)(B) for that fiscal
year, shall be effective for fiscal years 2017 and
2018.''; and
(ii) in paragraph (3)--
(I) in subparagraph (B)(ii), by
striking ``purpose described in section
202(b)'' and inserting ``purposes
described in section 202(b), section
203(c), or section 204(a)(5)''; and
(II) by adding after subparagraph
(C) the following:
``(D) Payments for fiscal years 2017 and 2018.--This
paragraph does not apply for fiscal years 2017 and
2018.''.
(C) Elections as to allocation of balance.--Section
102(d)(1) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7112(d)(1)) is
amended--
(i) in subparagraph (B)(ii), by striking ``not
more than 7 percent of the total share for the
eligible county of the State payment or the county
payment'' and inserting ``any portion of the
balance''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) Counties with major distributions.--In the
case of each eligible county to which $350,000 or more
is distributed for any fiscal year pursuant to paragraph
(1)(B) or (2)(B) of subsection (a), the eligible county
shall elect to do 1 or more of the following with the
balance of any funds not expended pursuant to
subparagraph (A):
``(i) Reserve any portion of the balance for
projects in accordance with title II.
``(ii) Reserve not more than 7 percent of the
total share for the eligible county of the State
payment or the county payment for projects in
accordance with title III.
``(iii) Return the portion of the balance not
reserved under clauses (i) and (ii) to the
Treasury of the United States.''.
(D) Treatment as supplemental funding.--Section 102
of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112) is amended by
adding at the end the following:
``(f) Treatment as Supplemental Funding.--
``(1) In general.--None of the funds made available to an
eligible county under this Act may be used in lieu of, or to
otherwise offset, a State funding source for a local school,
facility, or educational purpose.
``(2) Continuation of direct payments.--Payments to States
made under the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7101 et seq.) and 25-
percent payments made to States and Territories under the Acts
of May 23, 1908, and March 1, 1911 (16 U.S.C. 500), shall
continue to be made as direct payments and not as Federal
financial assistance.''.
(E) Distribution of payments to eligible counties.--
Section 103(d)(2) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7113(d)(2)) is amended by striking ``2015'' and
inserting ``and for fiscal years 2017 and 2018''.
[[Page 1079]]
(b) Continuation of Authority to Conduct Special Projects on Federal
Land.--
(1) Repeal of contracting pilot program.--Section 204(e) of
the Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7124(e)) is amended by striking paragraph (3).
(2) Resource advisory committees.--Section 205(a)(4) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' each
place it appears and inserting ``2018''.
(3) Availability of project funds.--Section 207(d)(2) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7127(d)(2)) is amended by striking
``subparagraph (B)'' and inserting ``subparagraph (B)(i),
(B)(ii),''.
(4) Termination of authority.--Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7128) is amended--
(A) in subsection (a), by striking ``2017'' and
inserting ``2020''; and
(B) in subsection (b), by striking ``2018'' and
inserting ``2021''.
(c) Termination of Authority.--Section 304 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7144) is
amended--
(1) in subsection (a), by striking ``2017'' and inserting
``2020''; and
(2) in subsection (b), by striking ``2018'' and inserting
``2021''.
SEC. 402. ADDITIONAL AUTHORIZED USE OF RESERVED FUNDS FOR TITLE III
COUNTY PROJECTS.
Section 302(a) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7142(a)) is amended--
(1) in paragraph (2)--
(A) by inserting ``and law enforcement patrols''
after ``including firefighting''; and
(B) by striking ``and'' at the end;
(2) in paragraph (3), by inserting ``and carry out'' after
``develop'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) to cover training costs and equipment purchases
directly related to the emergency services described in
paragraph (2); and''.
TITLE V--STRATEGIC PETROLEUM RESERVE DRAWDOWN
SEC. 501. <> STRATEGIC PETROLEUM RESERVE
DRAWDOWN.
(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as provided
in subsection (b), the Secretary of Energy shall draw down and
sell 10,000,000 barrels of crude oil from the
[[Page 1080]]
Strategic Petroleum Reserve during the period of fiscal years
2020 through 2021.
(2) Deposit of amounts received from sale.--Amounts received
from a sale under paragraph (1) shall be deposited in the
general fund of the Treasury during the fiscal year in which the
sale occurs.
(b) Emergency Protection.--The Secretary of Energy may not draw down
and sell crude oil under this section in quantities that would limit the
authority to sell petroleum products under subsection (h) of section 161
of the Energy Policy and Conservation Act (42 U.S.C. 6241) in the full
quantity authorized by that subsection.
(c) Strategic Petroleum Drawdown Limitations.--Section 161(h)(2) of
the Energy Policy and Conservation Act (42 U.S.C. 6241(h)(2)) is amended
by striking ``350,000,000'' each place it appears and inserting
``340,000,000''.
DIVISION P--RAY <> BAUM'S ACT OF 2018
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Repack
Airwaves Yielding Better Access for Users of Modern Services Act of
2018'' or the ``RAY BAUM'S Act of 2018''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Commission defined.
TITLE I--FCC REAUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Application and regulatory fees.
Sec. 103. Effective date.
TITLE II--APPLICATION OF ANTIDEFICIENCY ACT
Sec. 201. Application of Antideficiency Act to Universal Service
Program.
TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS
Sec. 301. Study on network resiliency.
Sec. 302. Access to essential service providers during federally
declared emergencies.
Sec. 303. Definitions.
TITLE IV--FCC CONSOLIDATED REPORTING
Sec. 401. Communications marketplace report.
Sec. 402. Consolidation of redundant reports; conforming amendments.
Sec. 403. Effect on authority.
Sec. 404. Other reports.
TITLE V--ADDITIONAL PROVISIONS
Sec. 501. Independent Inspector General for FCC.
Sec. 502. Authority of Chief Information Officer.
Sec. 503. Spoofing prevention.
Sec. 504. Report on promoting broadband Internet access service for
veterans.
Sec. 505. Methodology for collection of mobile service coverage data.
Sec. 506. Accuracy of dispatchable location for 9-1-1 calls.
Sec. 507. NTIA study on interagency process following cybersecurity
incidents.
Sec. 508. Tribal digital access.
Sec. 509. Terms of office and vacancies.
Sec. 510. Joint board recommendation.
Sec. 511. Disclaimer for press releases regarding notices of apparent
liability.
Sec. 512. Reports related to spectrum auctions.
[[Page 1081]]
TITLE VI--MOBILE NOW
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Identifying 255 megahertz.
Sec. 604. Millimeter wave spectrum.
Sec. 605. 3 gigahertz spectrum.
Sec. 606. Communications facilities deployment on Federal property.
Sec. 607. Broadband infrastructure deployment.
Sec. 608. Communications facilities installation.
Sec. 609. Reallocation incentives.
Sec. 610. Bidirectional sharing study.
Sec. 611. Unlicensed services in guard bands.
Sec. 612. Pre-auction funding.
Sec. 613. Immediate transfer of funds.
Sec. 614. Amendments to the Spectrum Pipeline Act of 2015.
Sec. 615. GAO assessment of unlicensed spectrum and Wi-Fi use in low-
income neighborhoods.
Sec. 616. Rulemaking related to partitioning or disaggregating licenses.
Sec. 617. Unlicensed spectrum policy.
Sec. 618. National plan for unlicensed spectrum.
Sec. 619. Spectrum challenge prize.
Sec. 620. Wireless telecommunications tax and fee collection fairness.
Sec. 621. Rules of construction.
Sec. 622. Relationship to Middle Class Tax Relief and Job Creation Act
of 2012.
Sec. 623. No additional funds authorized.
SEC. 2. <> COMMISSION DEFINED.
In this division, the term ``Commission'' means the Federal
Communications Commission.
TITLE I--FCC REAUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 6 of the Communications Act of 1934 (47
U.S.C. 156) is amended to read as follows:
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated to the
Commission to carry out the functions of the Commission $333,118,000 for
fiscal year 2019 and $339,610,000 for fiscal year 2020.
``(b) Offsetting Collections.--The sum appropriated in any fiscal
year to carry out the activities described in subsection (a), to the
extent and in the amounts provided for in Appropriations Acts, shall be
derived from fees authorized by section 9.''.
(b) Deposits of Bidders To Be Deposited in Treasury.--Section
309(j)(8)(C) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(C))
is amended--
(1) in the first sentence, by striking ``an interest bearing
account'' and all that follows and inserting ``the Treasury.'';
(2) in clause (i)--
(A) by striking ``paid to the Treasury'' and
inserting ``deposited in the general fund of the
Treasury (where such deposits shall be used for the sole
purpose of deficit reduction)''; and
(B) by striking the semicolon and inserting ``;
and'';
(3) in clause (ii), by striking ``; and'' and inserting ``,
and payments representing the return of such deposits shall not
be subject to administrative offset under section 3716(c) of
title 31, United States Code.''; and
(4) by striking clause (iii).
[[Page 1082]]
(c) Elimination of Duplicative Authorization of Appropriations.--
(1) In general.--Section 710 of the Telecommunications Act
of 1996 (Public Law 104-104) <> is
repealed.
(2) Conforming amendment.--The table of contents in section
2 of such Act is amended by striking the item relating to
section 710.
(d) Transfer of Funds.--On the effective date described in section
103 of this title, any amounts in the account providing appropriations
to carry out the functions of the Commission that were collected in
excess of the amounts provided for in Appropriations Acts in any fiscal
year prior to such date shall be transferred to the general fund of the
Treasury of the United States for the sole purpose of deficit reduction.
SEC. 102. APPLICATION AND REGULATORY FEES.
(a) Application Fees.--Section 8 of the Communications Act of 1934
(47 U.S.C. 158) is amended to read as follows:
``SEC. 8. APPLICATION FEES.
``(a) General Authority; Establishment of Schedule.--The Commission
shall assess and collect application fees at such rates as the
Commission shall establish in a schedule of application fees to recover
the costs of the Commission to process applications.
``(b) Adjustment of Schedule.--
``(1) In general.--In every even-numbered year, the
Commission shall review the schedule of application fees
established under this section and, except as provided in
paragraph (2), set a new amount for each fee in the schedule
that is equal to the amount of the fee on the date when the fee
was established or the date when the fee was last amended under
subsection (c), whichever is later--
``(A) increased or decreased by the percentage
change in the Consumer Price Index during the period
beginning on such date and ending on the date of the
review; and
``(B) rounded to the nearest $5 increment.
``(2) Threshold for adjustment.--The Commission may not
adjust a fee under paragraph (1) if--
``(A) in the case of a fee the current amount of
which is less than $200, the adjustment would result in
a change in the current amount of less than $10; or
``(B) in the case of a fee the current amount of
which is $200 or more, the adjustment would result in a
change in the current amount of less than 5 percent.
``(3) Current amount defined.--In paragraph (2), the term
`current amount' means, with respect to a fee, the amount of the
fee on the date when the fee was established, the date when the
fee was last adjusted under paragraph (1), or the date when the
fee was last amended under subsection (c), whichever is latest.
``(c) Amendments to Schedule.--In addition to the adjustments
required by subsection (b), the Commission shall by rule amend the
schedule of application fees established under this section if the
Commission determines that the schedule requires amendment--
``(1) so that such fees reflect increases or decreases in
the costs of processing applications at the Commission; or
[[Page 1083]]
``(2) so that such schedule reflects the consolidation or
addition of new categories of applications.
``(d) Exceptions.--
``(1) Parties to which fees are not applicable.--The
application fees established under this section shall not be
applicable to--
``(A) a governmental entity;
``(B) a nonprofit entity licensed in the Local
Government, Police, Fire, Highway Maintenance, Forestry-
Conservation, Public Safety, or Special Emergency Radio
radio services; or
``(C) a noncommercial radio station or noncommercial
television station.
``(2) Cost of collection.--If, in the judgment of the
Commission, the cost of collecting an application fee
established under this section would exceed the amount
collected, the Commission may by rule eliminate such fee.
``(e) Deposit of Collections.--Moneys received from application fees
established under this section shall be deposited in the general fund of
the Treasury.''.
(b) Regulatory Fees.--Section 9 of the Communications Act of 1934
(47 U.S.C. 159) is amended to read as follows:
``SEC. 9. REGULATORY FEES.
``(a) General Authority.--The Commission shall assess and collect
regulatory fees to recover the costs of carrying out the activities
described in section 6(a) only to the extent, and in the total amounts,
provided for in Appropriations Acts.
``(b) Establishment of Schedule.--The Commission shall assess and
collect regulatory fees at such rates as the Commission shall establish
in a schedule of regulatory fees that will result in the collection, in
each fiscal year, of an amount that can reasonably be expected to equal
the amounts described in subsection (a) with respect to such fiscal
year.
``(c) Adjustment of Schedule.--
``(1) In general.--For each fiscal year, the Commission
shall by rule adjust the schedule of regulatory fees established
under this section to--
``(A) reflect unexpected increases or decreases in
the number of units subject to the payment of such fees;
and
``(B) result in the collection of the amount
required by subsection (b).
``(2) Rounding.--In making adjustments under this
subsection, the Commission may round fees to the nearest $5
increment.
``(d) Amendments to Schedule.--In addition to the adjustments
required by subsection (c), the Commission shall by rule amend the
schedule of regulatory fees established under this section if the
Commission determines that the schedule requires amendment so that such
fees reflect the full-time equivalent number of employees within the
bureaus and offices of the Commission, adjusted to take into account
factors that are reasonably related to the benefits provided to the
payor of the fee by the Commission's activities. In making an amendment
under this subsection, the Commission may not change the total amount of
regulatory fees required by subsection (b) to be collected in a fiscal
year.
``(e) Exceptions.--
[[Page 1084]]
``(1) Parties to which fees are not applicable.--The
regulatory fees established under this section shall not be
applicable to--
``(A) a governmental entity or nonprofit entity;
``(B) an amateur radio operator licensee under part
97 of the Commission's rules (47 CFR part 97); or
``(C) a noncommercial radio station or noncommercial
television station.
``(2) Cost of collection.--If, in the judgment of the
Commission, the cost of collecting a regulatory fee established
under this section from a party would exceed the amount
collected from such party, the Commission may exempt such party
from paying such fee.
``(f) Deposit of Collections.--
``(1) In general.--Amounts received from fees authorized by
this section shall be deposited as an offsetting collection in,
and credited to, the account through which funds are made
available to carry out the activities described in section 6(a).
``(2) Deposit of excess collections.--Any regulatory fees
collected in excess of the total amount of fees provided for in
Appropriations Acts for a fiscal year shall be deposited in the
general fund of the Treasury of the United States for the sole
purpose of deficit reduction.''.
(c) Provisions Applicable to Application and Regulatory Fees.--Title
I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended
by inserting after section 9 the following:
``SEC. 9A. <> PROVISIONS APPLICABLE TO APPLICATION
AND REGULATORY FEES.
``(a) Judicial Review Prohibited.--Any adjustment or amendment to a
schedule of fees under subsection (b) or (c) of section 8 or subsection
(c) or (d) of section 9 is not subject to judicial review.
``(b) Notice to Congress.--The Commission shall transmit to Congress
notification--
``(1) of any adjustment under section 8(b) or 9(c)
immediately upon the adoption of such adjustment; and
``(2) of any amendment under section 8(c) or 9(d) not later
than 90 days before the effective date of such amendment.
``(c) Enforcement.--
``(1) Penalties for late payment.--The Commission shall by
rule prescribe an additional penalty for late payment of fees
under section 8 or 9. Such additional penalty shall be 25
percent of the amount of the fee that was not paid in a timely
manner.
``(2) Interest on unpaid fees and penalties.--The Commission
shall charge interest, at a rate determined under section 3717
of title 31, United States Code, on a fee under section 8 or 9
or an additional penalty under this subsection that is not paid
in a timely manner. Such section 3717 shall not otherwise apply
with respect to such a fee or penalty.
``(3) Dismissal of applications or filings.--The Commission
may dismiss any application or other filing for failure to pay
in a timely manner any fee under section 8 or 9 or any interest
or additional penalty under this subsection.
``(4) Revocations.--
[[Page 1085]]
``(A) In general.--In addition to or in lieu of the
penalties and dismissals authorized by this subsection,
the Commission may revoke any instrument of
authorization held by any licensee that has not paid in
a timely manner a regulatory fee assessed under section
9 or any related interest or penalty.
``(B) Notice.--Revocation action may be taken by the
Commission under this paragraph after notice of the
Commission's intent to take such action is sent to the
licensee by registered mail, return receipt requested,
at the licensee's last known address. The notice shall
provide the licensee at least 30 days to either pay the
fee, interest, and any penalty or show cause why the
fee, interest, or penalty does not apply to the licensee
or should otherwise be waived or payment deferred.
``(C) Hearing.--
``(i) Generally not required.--A hearing is
not required under this paragraph unless the
licensee's response presents a substantial and
material question of fact.
``(ii) Evidence and burdens.--In any case
where a hearing is conducted under this paragraph,
the hearing shall be based on written evidence
only, and the burden of proceeding with the
introduction of evidence and the burden of proof
shall be on the licensee.
``(iii) Costs.--Unless the licensee
substantially prevails in the hearing, the
Commission may assess the licensee for the costs
of such hearing.
``(D) Opportunity to pay prior to revocation.--Any
Commission order adopted under this paragraph shall
determine the amount due, if any, and provide the
licensee with at least 30 days to pay that amount or
have its authorization revoked.
``(E) Finality.--No order of revocation under this
paragraph shall become final until the licensee has
exhausted its right to judicial review of such order
under section 402(b)(5).
``(d) Waiver, Reduction, and Deferment.--The Commission may waive,
reduce, or defer payment of a fee under section 8 or 9 or an interest
charge or penalty under this section in any specific instance for good
cause shown, where such action would promote the public interest.
``(e) Payment Rules.--The Commission shall by rule permit payment--
``(1) in the case of fees under section 8 or 9 in large
amounts, by installments; and
``(2) in the case of fees under section 8 or 9 in small
amounts, in advance for a number of years not to exceed the term
of the license held by the payor.
``(f) Accounting System.--The Commission shall develop accounting
systems necessary to make the amendments authorized by sections 8(c) and
9(d).''.
(d) Transitional Rules.--
(1) <> Application fees.--An
application fee established under section 8 of the
Communications Act of 1934, as such section is in effect on the
day before the effective date described in section 103 of this
title, shall remain in effect under section
[[Page 1086]]
8 of the Communications Act of 1934, as amended by subsection
(a) of this section, until such time as the Commission adjusts
or amends such fee under subsection (b) or (c) of such section
8, as so amended.
(2) <> Regulatory fees.--A
regulatory fee established under section 9 of the Communications
Act of 1934, as such section is in effect on the day before the
effective date described in section 103 of this title, shall
remain in effect under section 9 of the Communications Act of
1934, as amended by subsection (b) of this section, until such
time as the Commission adjusts or amends such fee under
subsection (c) or (d) of such section 9, as so amended.
(e) Rulemaking To Amend Schedule of Regulatory Fees.--
(1) <> In general.--Not later than
1 year after the effective date described in section 103 of this
title, the Commission shall complete a rulemaking proceeding
under subsection (d) of section 9 of the Communications Act of
1934, as amended by subsection (b) of this section.
(2) Report to congress.--If the Commission has not completed
the rulemaking proceeding required by paragraph (1) by the date
that is 6 months after the effective date described in section
103 of this title, the Commission shall submit to Congress a
report on the progress of such rulemaking proceeding.
SEC. 103. <> EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
on October 1, 2018.
TITLE II--APPLICATION OF ANTIDEFICIENCY ACT
SEC. 201. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL SERVICE
PROGRAM.
Section 302 of Public Law 108-494 (118 Stat. 3998) is amended by
striking ``December 31, 2018'' each place it appears and inserting
``December 31, 2019''.
TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS
SEC. 301. STUDY ON NETWORK RESILIENCY.
Not later than 36 months after the date of enactment of this Act,
the Commission shall submit to Congress, and make publically available
on the Commission's website, a study on the public safety benefits and
technical feasibility and cost of--
(1) making telecommunications service provider-owned WiFi
access points, and other communications technologies operating
on unlicensed spectrum, available to the general public for
access to 9-1-1 services, without requiring any login
credentials, during times of emergency when mobile service is
unavailable;
[[Page 1087]]
(2) the provision by non-telecommunications service
provider-owned WiFi access points of public access to 9-1-1
services during times of emergency when mobile service is
unavailable; and
(3) other alternative means of providing the public with
access to 9-1-1 services during times of emergency when mobile
service is unavailable.
SEC. 302. ACCESS TO ESSENTIAL SERVICE PROVIDERS DURING FEDERALLY
DECLARED EMERGENCIES.
Section 427(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5189e(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking
``telecommunications service'' and inserting ``wireline
or mobile telephone service, Internet access service,
radio or television broadcasting, cable service, or
direct broadcast satellite service'';
(B) in subparagraph (E), by striking the semicolon
and inserting ``; or'';
(C) by redesignating subparagraphs (A) through (E)
as clauses (i) through (v), respectively; and
(D) by adding at the end of the following:
``(B) is a tower owner or operator;''; and
(2) by striking ``(1) provides'' and inserting ``(1)(A)
provides''.
SEC. 303. DEFINITIONS.
As used in this title--
(1) the term ``mobile service'' means commercial mobile
service (as defined in section 332 of the Communications Act of
1934 (47 U.S.C. 332)) or commercial mobile data service (as
defined in section 6001 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1401));
(2) the term ``WiFi access point'' means wireless Internet
access using the standard designated as 802.11 or any variant
thereof; and
(3) the term ``times of emergency'' means either an
emergency as defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122),
or an emergency as declared by the governor of a State or
territory of the United States.
TITLE IV--FCC CONSOLIDATED REPORTING
SEC. 401. COMMUNICATIONS MARKETPLACE REPORT.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is
amended by adding at the end the following:
``SEC. 13. <> COMMUNICATIONS MARKETPLACE REPORT.
``(a) In General.--In the last quarter of every even-numbered year,
the Commission shall publish on its website and submit to the Committee
on Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report on the
state of the communications marketplace.
``(b) Contents.--Each report required by subsection (a) shall--
[[Page 1088]]
``(1) assess the state of competition in the communications
marketplace, including competition to deliver voice, video,
audio, and data services among providers of telecommunications,
providers of commercial mobile service (as defined in section
332), multichannel video programming distributors (as defined in
section 602), broadcast stations, providers of satellite
communications, Internet service providers, and other providers
of communications services;
``(2) assess the state of deployment of communications
capabilities, including advanced telecommunications capability
(as defined in section 706 of the Telecommunications Act of 1996
(47 U.S.C. 1302)), regardless of the technology used for such
deployment;
``(3) assess whether laws, regulations, regulatory practices
(whether those of the Federal Government, States, political
subdivisions of States, Indian tribes or tribal organizations
(as such terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)), or
foreign governments), or demonstrated marketplace practices pose
a barrier to competitive entry into the communications
marketplace or to the competitive expansion of existing
providers of communications services;
``(4) describe the agenda of the Commission for the next 2-
year period for addressing the challenges and opportunities in
the communications marketplace that were identified through the
assessments under paragraphs (1) through (3); and
``(5) describe the actions that the Commission has taken in
pursuit of the agenda described pursuant to paragraph (4) in the
previous report submitted under this section.
``(c) Extension.--If the President designates a Commissioner as
Chairman of the Commission during the last quarter of an even-numbered
year, the portion of the report required by subsection (b)(4) may be
published on the website of the Commission and submitted to the
Committee on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate as an
addendum during the first quarter of the following odd-numbered year.
``(d) Special Requirements.--
``(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission shall
consider all forms of competition, including the effect of
intermodal competition, facilities-based competition, and
competition from new and emergent communications services,
including the provision of content and communications using the
Internet.
``(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission shall compile
a list of geographical areas that are not served by any provider
of advanced telecommunications capability.
``(3) Considering small businesses.--In assessing the state
of competition under subsection (b)(1) and regulatory barriers
under subsection (b)(3), the Commission shall consider market
entry barriers for entrepreneurs and other small businesses in
the communications marketplace in accordance with the national
policy under section 257(b).''.
[[Page 1089]]
SEC. 402. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING AMENDMENTS.
(a) ORBIT Act Report.--Section 646 of the Communications Satellite
Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed.
(b) Satellite Competition Report.--Section 4 of Public Law 109-34
(47 U.S.C. 703) is repealed.
(c) International Broadband Data Report.--Section 103(b)(1) of the
Broadband Data Improvement Act (47 U.S.C. 1303(b)(1)) is amended by
striking ``the assessment and report'' and all that follows through
``Federal Communications Commission'' and inserting ``its report under
section 13 of the Communications Act of 1934, the Federal Communications
Commission''.
(d) Status of Competition in the Market for the Delivery of Video
Programming Report.--Section 628 of the Communications Act of 1934 (47
U.S.C. 548) is amended--
(1) by striking subsection (g);
(2) by redesignating subsection (j) as subsection (g); and
(3) by transferring subsection (g) (as redesignated) so that
it appears after subsection (f).
(e) Report on Cable Industry Prices.--Section 623(k) of the
Communications Act of 1934 (47 U.S.C. 543(k)) is amended--
(1) in paragraph (1), by striking ``annually publish'' and
inserting ``publish with its report under section 13''; and
(2) in the heading of paragraph (2), by striking ``annual''.
(f) Triennial Report Identifying and Eliminating Market Entry
Barriers for Entrepreneurs and Other Small Businesses.--Section 257 of
the Communications Act of 1934 (47 U.S.C. 257) is amended by striking
subsection (c).
(g) State of Competitive Market Conditions With Respect to
Commercial Mobile Radio Services.--Section 332(c)(1)(C) of the
Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by
striking the first and second sentences.
(h) Previously Eliminated Annual Report.--
(1) In general.--Section 4 of the Communications Act of 1934
(47 U.S.C. 154) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendment.--Section 309(j)(8)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) is amended
by striking the last sentence.
(i) Additional Outdated Reports.--The Communications Act of 1934 is
further amended--
(1) in section 4--
(A) in subsection (b)(2)(B)(ii), by striking ``and
shall furnish notice of such action'' and all that
follows through ``subject of the waiver''; and
(B) in subsection (g), by striking paragraph (2);
(2) in section 215--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b);
(3) in section 227(e), by striking paragraph (4);
(4) in section 309(j)--
(A) by striking paragraph (12); and
(B) in paragraph (15)(C), by striking clause (iv);
(5) in section 331(b), by striking the last sentence;
[[Page 1090]]
(6) in section 336(e), by amending paragraph (4) to read as
follows:
``(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the program
required by this subsection.'';
(7) in section 339(c), by striking paragraph (1);
(8) in section 396--
(A) by striking subsection (i);
(B) in subsection (k)--
(i) in paragraph (1), by striking subparagraph
(F); and
(ii) in paragraph (3)(B)(iii), by striking
subclause (V);
(C) in subsection (l)(1)(B), by striking ``shall be
included'' and all that follows through ``The audit
report''; and
(D) by striking subsection (m);
(9) in section 398(b)(4), by striking the third sentence;
(10) in section 624A(b)(1)--
(A) by striking ``Report; regulations'' and
inserting ``Regulations'';
(B) by striking ``Within 1 year after'' and all that
follows through ``on means of assuring'' and inserting
``The Commission shall issue such regulations as are
necessary to assure''; and
(C) by striking ``Within 180 days after'' and all
that follows through ``to assure such compatibility.'';
and
(11) in section 713, by striking subsection (a).
SEC. 403. <> EFFECT ON AUTHORITY.
Nothing in this title or the amendments made by this title shall be
construed to expand or contract the authority of the Commission.
SEC. 404. <> OTHER REPORTS.
Nothing in this title or the amendments made by this title shall be
construed to prohibit or otherwise prevent the Commission from producing
any additional reports otherwise within the authority of the Commission.
TITLE V--ADDITIONAL PROVISIONS
SEC. 501. INDEPENDENT INSPECTOR GENERAL FOR FCC.
(a) Amendments.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in section 8G(a)(2), by striking ``the Federal
Communications Commission,''; and
(2) in section 12--
(A) in paragraph (1), by inserting ``, the Federal
Communications Commission,'' after ``the Chairman of the
Nuclear Regulatory Commission''; and
(B) in paragraph (2), by inserting ``the Federal
Communications Commission,'' after ``the Environmental
Protection Agency,''.
(b) <> Transition Rule.--An individual
serving as Inspector General of the Commission on the date of the
enactment of this Act
[[Page 1091]]
pursuant to an appointment made under section 8G of the Inspector
General Act of 1978 (5 U.S.C. App.)--
(1) may continue so serving until the President makes an
appointment under section 3(a) of such Act with respect to the
Commission consistent with the amendments made by subsection
(a); and
(2) shall, while serving under paragraph (1), remain subject
to the provisions of section 8G of such Act which, immediately
before the date of the enactment of this Act, applied with
respect to the Inspector General of the Commission and suffer no
reduction in pay.
SEC. 502. <> AUTHORITY OF CHIEF INFORMATION
OFFICER.
(a) In General.--The Commission shall ensure that the Chief
Information Officer of the Commission has a significant role in--
(1) the decision-making process for annual and multi-year
planning, programming, budgeting, and execution decisions,
related reporting requirements, and reports related to
information technology;
(2) the management, governance, and oversight processes
related to information technology; and
(3) the hiring of personnel with information technology
responsibilities.
(b) CIO Approval.--The Chief Information Officer of the Commission,
in consultation with the Chief Financial Officer of the Commission and
budget officials, shall specify and approve the allocation of amounts
appropriated to the Commission for information technology, consistent
with the provisions of appropriations Acts, budget guidelines, and
recommendations from the Director of the Office of Management and
Budget.
SEC. 503. SPOOFING PREVENTION.
(a) Expanding and Clarifying Prohibition on Misleading or Inaccurate
Caller Identification Information.--
(1) Communications from outside the united states.--Section
227(e)(1) of the Communications Act of 1934 (47 U.S.C.
227(e)(1)) is amended by striking ``in connection with any
telecommunications service or IP-enabled voice service'' and
inserting ``or any person outside the United States if the
recipient is within the United States, in connection with any
voice service or text messaging service''.
(2) Coverage of text messages and voice services.--Section
227(e)(8) of the Communications Act of 1934 (47 U.S.C.
227(e)(8)) is amended--
(A) in subparagraph (A), by striking
``telecommunications service or IP-enabled voice
service'' and inserting ``voice service or a text
message sent using a text messaging service'';
(B) in the first sentence of subparagraph (B), by
striking ``telecommunications service or IP-enabled
voice service'' and inserting ``voice service or a text
message sent using a text messaging service''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) Text message.--The term `text message'--
``(i) means a message consisting of text,
images, sounds, or other information that is
transmitted to or from a device that is identified
as the receiving
[[Page 1092]]
or transmitting device by means of a 10-digit
telephone number or N11 service code;
``(ii) includes a short message service
(commonly referred to as `SMS') message and a
multimedia message service (commonly referred to
as `MMS') message; and
``(iii) does not include--
``(I) a real-time, two-way voice or
video communication; or
``(II) a message sent over an IP-
enabled messaging service to another
user of the same messaging service,
except a message described in clause
(ii).
``(D) Text messaging service.--The term `text
messaging service' means a service that enables the
transmission or receipt of a text message, including a
service provided as part of or in connection with a
voice service.
``(E) Voice service.--The term `voice service'--
``(i) means any service that is interconnected
with the public switched telephone network and
that furnishes voice communications to an end user
using resources from the North American Numbering
Plan or any successor to the North American
Numbering Plan adopted by the Commission under
section 251(e)(1); and
``(ii) includes transmissions from a telephone
facsimile machine, computer, or other device to a
telephone facsimile machine.''.
(3) Technical amendment.--Section 227(e) of the
Communications Act of 1934 (47 U.S.C. 227(e)) is amended in the
heading by inserting ``Misleading or'' before ``Inaccurate''.
(4) Regulations.--
(A) In general.--Section 227(e)(3)(A) of the
Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is
amended by striking ``Not later than 6 months after the
date of enactment of the Truth in Caller ID Act of 2009,
the Commission'' and inserting ``The Commission''.
(B) <> Deadline.--The
Commission shall prescribe regulations to implement the
amendments made by this subsection not later than 18
months after the date of enactment of this Act.
(5) <> Effective date.--The
amendments made by this subsection shall take effect on the date
that is 6 months after the date on which the Commission
prescribes regulations under paragraph (4).
(b) <> Consumer Education Materials on How To
Avoid Scams That Rely Upon Misleading or Inaccurate Caller
Identification Information.--
(1) Development of materials.--Not later than 1 year after
the date of enactment of this Act, the Commission, in
coordination with the Federal Trade Commission, shall develop
consumer education materials that provide information about--
(A) ways for consumers to identify scams and other
fraudulent activity that rely upon the use of misleading
or inaccurate caller identification information; and
[[Page 1093]]
(B) existing technologies, if any, that a consumer
can use to protect against such scams and other
fraudulent activity.
(2) Contents.--In developing the consumer education
materials under paragraph (1), the Commission shall--
(A) identify existing technologies, if any, that can
help consumers guard themselves against scams and other
fraudulent activity that rely upon the use of misleading
or inaccurate caller identification information,
including--
(i) descriptions of how a consumer can use the
technologies to protect against such scams and
other fraudulent activity; and
(ii) details on how consumers can access and
use the technologies; and
(B) provide other information that may help
consumers identify and avoid scams and other fraudulent
activity that rely upon the use of misleading or
inaccurate caller identification information.
(3) Updates.--The Commission shall ensure that the consumer
education materials required under paragraph (1) are updated on
a regular basis.
(4) Website.--The Commission shall include the consumer
education materials developed under paragraph (1) on its
website.
(c) GAO Report on Combating the Fraudulent Provision of Misleading
or Inaccurate Caller Identification Information.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of the actions the Commission and
the Federal Trade Commission have taken to combat the fraudulent
provision of misleading or inaccurate caller identification
information, and the additional measures that could be taken to
combat such activity.
(2) Required considerations.--In conducting the study under
paragraph (1), the Comptroller General shall examine--
(A) trends in the types of scams that rely on
misleading or inaccurate caller identification
information;
(B) previous and current enforcement actions by the
Commission and the Federal Trade Commission to combat
the practices prohibited by section 227(e)(1) of the
Communications Act of 1934 (47 U.S.C. 227(e)(1));
(C) current efforts by industry groups and other
entities to develop technical standards to deter or
prevent the fraudulent provision of misleading or
inaccurate caller identification information, and how
such standards may help combat the current and future
provision of misleading or inaccurate caller
identification information; and
(D) whether there are additional actions the
Commission, the Federal Trade Commission, and Congress
should take to combat the fraudulent provision of
misleading or inaccurate caller identification
information.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of the
study under paragraph (1), including any recommendations
[[Page 1094]]
regarding combating the fraudulent provision of misleading or
inaccurate caller identification information.
(d) <> Rule of Construction.--Nothing in
this section, or the amendments made by this section, shall be construed
to modify, limit, or otherwise affect any rule or order adopted by the
Commission in connection with--
(1) the Telephone Consumer Protection Act of 1991 (Public
Law 102-243; 105 Stat. 2394) or the amendments made by that Act;
or
(2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).
SEC. 504. REPORT ON PROMOTING BROADBAND INTERNET ACCESS SERVICE FOR
VETERANS.
(a) Veteran Defined.--In this section, the term ``veteran'' has the
meaning given the term in section 101 of title 38, United States Code.
(b) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall submit to Congress a report
on promoting broadband Internet access service for veterans, in
particular low-income veterans and veterans residing in rural areas. In
such report, the Commission shall--
(1) examine such access and how to promote such access; and
(2) provide findings and recommendations for Congress with
respect to such access and how to promote such access.
(c) Public Notice and Opportunity To Comment.--In preparing the
report required by subsection (b), the Commission shall provide the
public with notice and an opportunity to comment on broadband Internet
access service for veterans, in particular low-income veterans and
veterans residing in rural areas, and how to promote such access.
SEC. 505. <> METHODOLOGY FOR COLLECTION OF
MOBILE SERVICE COVERAGE DATA.
(a) Definitions.--In this section--
(1) the term ``commercial mobile data service'' has the
meaning given the term in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1401);
(2) the term ``commercial mobile service'' has the meaning
given the term in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d));
(3) the term ``coverage data'' means, if commercial mobile
service or commercial mobile data service is available, general
information about the service, which may include available speed
tiers, radio frequency signal levels, and network and
performance characteristics; and
(4) the term ``Universal Service program'' means the
universal service support mechanisms established under section
254 of the Communications Act of 1934 (47 U.S.C. 254) and the
regulations issued under that section.
(b) Methodology Established.--Not later than 180 days after the
conclusion of the Mobility Fund Phase II Auction, the Commission shall
promulgate regulations to establish a methodology that shall apply to
the collection of coverage data by the Commission for the purposes of--
(1) the Universal Service program; or
(2) any other similar program.
[[Page 1095]]
(c) Requirements.--The methodology established under subsection (b)
shall--
(1) contain standard definitions for different available
technologies such as 2G, 3G, 4G, and 4G LTE;
(2) enhance the consistency and robustness of how the data
are collected by different parties;
(3) improve the validity and reliability of coverage data;
and
(4) increase the efficiency of coverage data collection.
SEC. 506. <> ACCURACY OF DISPATCHABLE LOCATION
FOR 9-1-1 CALLS.
(a) Proceeding Required.--Not later than 18 months after the date of
the enactment of this Act, the Commission shall conclude a proceeding to
consider adopting rules to ensure that the dispatchable location is
conveyed with a 9-1-1 call, regardless of the technological platform
used and including with calls from multi-line telephone systems (as
defined in section 6502 of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1471)).
(b) Relationship to Other Proceedings.--In conducting the proceeding
required by subsection (a), the Commission may consider information and
conclusions from other Commission proceedings regarding the accuracy of
the dispatchable location for a 9-1-1 call, but nothing in this section
shall be construed to require the Commission to reconsider any
information or conclusion from a proceeding regarding the accuracy of
the dispatchable location for a 9-1-1 call in which the Commission has
adopted rules or issued an order before the date of the enactment of
this Act.
(c) Definitions.--In this section:
(1) 9-1-1 call.--The term ``9-1-1 call'' means a voice call
that is placed, or a message that is sent by other means of
communication, to a public safety answering point (as defined in
section 222 of the Communications Act of 1934 (47 U.S.C. 222))
for the purpose of requesting emergency services.
(2) Dispatchable location.--The term ``dispatchable
location'' means the street address of the calling party, and
additional information such as room number, floor number, or
similar information necessary to adequately identify the
location of the calling party.
SEC. 507. NTIA STUDY ON INTERAGENCY PROCESS FOLLOWING CYBERSECURITY
INCIDENTS.
(a) In General.--The Assistant Secretary of Commerce for
Communications and Information shall complete a study on how the
National Telecommunications and Information Administration can best
coordinate the interagency process following cybersecurity incidents.
(b) Report to Congress.--Not later than 18 months after the date of
the enactment of this Act, the Assistant Secretary shall submit to the
Committee on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report detailing the findings and recommendations of the study conducted
under subsection (a).
SEC. 508. <> TRIBAL DIGITAL ACCESS.
(a) Tribal Broadband Data Report.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall submit
[[Page 1096]]
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report evaluating broadband
coverage in Indian country (as defined in section 1151 of title
18, United States Code) and on land held by a Native Corporation
pursuant to the Alaska Native Claims Settlement Act.
(2) Required assessments.--The report required by paragraph
(1) shall include the following:
(A) An assessment of areas of Indian country (as so
defined) and land held by a Native Corporation pursuant
to the Alaska Native Claims Settlement Act that have
adequate broadband coverage.
(B) An assessment of unserved areas of Indian
country (as so defined) and land held by a Native
Corporation pursuant to the Alaska Native Claims
Settlement Act.
(b) Tribal Broadband Proceeding.--Not later than 30 months after the
date of the enactment of this Act, the Commission shall complete a
proceeding to address the unserved areas identified in the report under
subsection (a).
SEC. 509. TERMS OF OFFICE AND VACANCIES.
Section 4(c) of the Communications Act of 1934 (47 U.S.C. 154(c)) is
amended to read as follows:
``(c)(1) A commissioner--
``(A) shall be appointed for a term of 5 years;
``(B) except as provided in subparagraph (C), may continue
to serve after the expiration of the fixed term of office of the
commissioner until a successor is appointed and has been
confirmed and taken the oath of office; and
``(C) may not continue to serve after the expiration of the
session of Congress that begins after the expiration of the
fixed term of office of the commissioner.
``(2) Any person chosen to fill a vacancy in the Commission--
``(A) shall be appointed for the unexpired term of the
commissioner that the person succeeds;
``(B) except as provided in subparagraph (C), may continue
to serve after the expiration of the fixed term of office of the
commissioner that the person succeeds until a successor is
appointed and has been confirmed and taken the oath of office;
and
``(C) may not continue to serve after the expiration of the
session of Congress that begins after the expiration of the
fixed term of office of the commissioner that the person
succeeds.
``(3) No vacancy in the Commission shall impair the right of the
remaining commissioners to exercise all the powers of the Commission.''.
SEC. 510. JOINT BOARD RECOMMENDATION.
The Commission may not modify, amend, or change its rules or
regulations for universal service support payments to implement the
February 27, 2004, recommendations of the Federal-State Joint Board on
Universal Service regarding single connection or primary line
restrictions on universal service support payments.
[[Page 1097]]
SEC. 511. <> DISCLAIMER FOR PRESS RELEASES
REGARDING NOTICES OF APPARENT LIABILITY.
The Commission shall include in any press release regarding the
issuance of a notice of apparent liability under section 503(b)(4) of
the Communications Act of 1934 (47 U.S.C. 503(b)(4)) a disclaimer
informing consumers that--
(1) the issuance of a notice of apparent liability should be
treated only as allegations; and
(2) the amount of any forfeiture penalty proposed in a
notice of apparent liability represents the maximum penalty that
the Commission may impose for the violations alleged in the
notice of apparent liability.
SEC. 512. <> REPORTS RELATED TO SPECTRUM AUCTIONS.
(a) Estimate of Upcoming Auctions.--Section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at
the end the following:
``(18) Estimate of upcoming auctions.--
``(A) Not later than September 30, 2018, and
annually thereafter, the Commission shall make publicly
available an estimate of what systems of competitive
bidding authorized under this subsection may be
initiated during the upcoming 12-month period.
``(B) The estimate under subparagraph (A) shall, to
the extent possible, identify the bands of frequencies
the Commission expects to be included in each such
system of competitive bidding.''.
(b) Auction Expenditure Justification Report.--Not later than April
1, 2019, and annually thereafter, the Commission shall provide to the
appropriate committees of Congress a report containing a detailed
justification for the use of proceeds retained by the Commission under
section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)(B)) for the costs of developing and implementing the program
required by section 309(j) of that Act.
(c) Definition.--For purposes of this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Energy and Commerce of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
TITLE VI--MOBILE <> NOW
SEC. 601. SHORT TITLE.
This title may be cited as the ``Making Opportunities for Broadband
Investment and Limiting Excessive and Needless Obstacles to Wireless
Act'' or the ``MOBILE NOW Act''.
SEC. 602. DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
[[Page 1098]]
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives; and
(C) each committee of the Senate or of the House of
Representatives with jurisdiction over a Federal entity
affected by the applicable section in which the term
appears.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Federal entity.--The term ``Federal entity'' has the
meaning given the term in section 113(l) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(l)).
(4) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration of the
Department of Commerce.
(5) OMB.--The term ``OMB'' means the Office of Management
and Budget.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 603. <> IDENTIFYING 255 MEGAHERTZ.
(a) Requirements.--
(1) In general.--Not later than December 31, 2022, the
Secretary, working through the NTIA, and the Commission shall
identify a total of at least 255 megahertz of Federal and non-
Federal spectrum for mobile and fixed wireless broadband use.
(2) Unlicensed and licensed use.--Of the spectrum identified
under paragraph (1), not less than--
(A) 100 megahertz below the frequency of 8000
megahertz shall be identified for use on an unlicensed
basis;
(B) 100 megahertz below the frequency of 6000
megahertz shall be identified for use on an exclusive,
licensed basis for commercial mobile use, pursuant to
the Commission's authority to implement such licensing
in a flexible manner, and subject to potential continued
use of such spectrum by incumbent Federal entities in
designated geographic areas indefinitely or for such
length of time stipulated in transition plans approved
by the Technical Panel under section 113(h) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(h)) for
those incumbent entities to be relocated to alternate
spectrum; and
(C) 55 megahertz below the frequency of 8000
megahertz shall be identified for use on either a
licensed or unlicensed basis, or a combination of
licensed and unlicensed.
(3) Non-eligible spectrum.--For purposes of satisfying the
requirement under paragraph (1), the following spectrum shall
not be counted:
(A) The frequencies between 1695 and 1710 megahertz.
(B) The frequencies between 1755 and 1780 megahertz.
(C) The frequencies between 2155 and 2180 megahertz.
(D) The frequencies between 3550 and 3700 megahertz.
[[Page 1099]]
(E) Spectrum that the Commission determines had more
than de minimis mobile or fixed wireless broadband
operations within the band on the day before the date of
enactment of this Act.
(4) Treatment of certain other spectrum.--Spectrum
identified pursuant to this section may include eligible
spectrum, if any, identified after the date of enactment of this
Act pursuant to title X of the Bipartisan Budget Act of 2015
(Public Law 114-74).
(5) Spectrum made available on and after february 11,
2016.--Any spectrum that has been made available for licensed or
unlicensed use on and after February 11, 2016, and that
otherwise satisfies the requirements of this section may be
counted towards the requirements of this subsection.
(6) Relocation prioritized over sharing.--This section shall
be carried out in accordance with section 113(j) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(j)).
(7) Considerations.--In identifying spectrum for use under
this section, the Secretary, working through the NTIA, and
Commission shall consider--
(A) the need to preserve critical existing and
planned Federal Government capabilities;
(B) the impact on existing State, local, and tribal
government capabilities;
(C) the international implications;
(D) the need for appropriate enforcement mechanisms
and authorities; and
(E) the importance of the deployment of wireless
broadband services in rural areas of the United States.
(b) Rules of Construction.--Nothing in this section shall be
construed--
(1) to impair or otherwise affect the functions of the
Director of OMB relating to budgetary, administrative, or
legislative proposals;
(2) to require the disclosure of classified information, law
enforcement sensitive information, or other information that
must be protected in the interest of national security; or
(3) to affect any requirement under section 156 of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 921 note), as added by section
1062(a) of the National Defense Authorization Act for Fiscal
Year 2000, or any other relevant statutory requirement
applicable to the reallocation of Federal spectrum.
SEC. 604. <> MILLIMETER WAVE SPECTRUM.
(a) FCC Proceeding.--Not later than 2 years after the date of
enactment of this Act, the Commission shall publish a notice of proposed
rulemaking to consider service rules to authorize mobile or fixed
terrestrial wireless operations, including for advanced mobile service
operations, in the radio frequency band between 42000 and 42500
megahertz.
(b) Considerations.--In conducting a rulemaking under subsection
(a), the Commission shall--
(1) consider how the band described in subsection (a) may be
used to provide commercial wireless broadband service, including
whether--
[[Page 1100]]
(A) such spectrum may be best used for licensed or
unlicensed services, or some combination thereof; and
(B) to permit additional licensed operations in such
band on a shared basis; and
(2) include technical characteristics under which the band
described in subsection (a) may be employed for mobile or fixed
terrestrial wireless operations, including any appropriate
coexistence requirements.
(c) Spectrum Made Available on and After February 11, 2016.--Any
spectrum that has been made available for licensed or unlicensed use on
or after February 11, 2016, and that otherwise satisfies the
requirements of section 603 of this title may be counted towards the
requirements of section 603(a) of this title.
SEC. 605. 3 GIGAHERTZ SPECTRUM.
(a) Between 3100 Megahertz and 3550 Megahertz.--Not later than 24
months after the date of enactment of this Act, and in consultation with
the Commission and the head of each affected Federal agency (or a
designee thereof), the Secretary, working through the NTIA, shall submit
to the Commission and the appropriate committees of Congress a report
evaluating the feasibility of allowing commercial wireless services,
licensed or unlicensed, to share use of the frequencies between 3100
megahertz and 3550 megahertz.
(b) Between 3700 Megahertz and 4200 Megahertz.--Not later than 18
months after the date of enactment of this Act, after notice and an
opportunity for public comment, and in consultation with the Secretary,
working through the NTIA, and the head of each affected Federal agency
(or a designee thereof), the Commission shall submit to the Secretary
and the appropriate committees of Congress a report evaluating the
feasibility of allowing commercial wireless services, licensed or
unlicensed, to use or share use of the frequencies between 3700
megahertz and 4200 megahertz.
(c) Requirements.--A report under subsection (a) or (b) shall
include the following:
(1) An assessment of the operations of Federal entities that
operate Federal Government stations authorized to use the
frequencies described in that subsection.
(2) An assessment of the possible impacts of such sharing on
Federal and non-Federal users already operating on the
frequencies described in that subsection.
(3) The criteria that may be necessary to ensure shared
licensed or unlicensed services would not cause harmful
interference to Federal or non-Federal users already operating
in the frequencies described in that subsection.
(4) If such sharing is feasible, an identification of which
of the frequencies described in that subsection are most
suitable for sharing with commercial wireless services through
the assignment of new licenses by competitive bidding, for
sharing with unlicensed operations, or through a combination of
licensing and unlicensed operations.
(d) Commission Action.--The Commission, in consultation with the
NTIA, shall seek public comment on the reports required under
subsections (a) and (b), including regarding the bands identified in
such report as feasible pursuant to subsection (c)(4).
[[Page 1101]]
SEC. 606. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL PROPERTY.
(a) In General.--Section 6409 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1455) is amended by striking subsections
(b), (c), and (d) and inserting the following:
``(b) Federal Easements, Rights-of-way, and Leases.--
``(1) Grant.--If an executive agency, a State, a political
subdivision or agency of a State, or a person, firm, or
organization applies for the grant of an easement, right-of-way,
or lease to, in, over, or on a building or other property owned
by the Federal Government for the right to install, construct,
modify, or maintain a communications facility installation, the
executive agency having control of the building or other
property may grant to the applicant, on behalf of the Federal
Government, subject to paragraph (3), an easement, right-of-way,
or lease to perform such installation, construction,
modification, or maintenance.
``(2) Application.--
``(A) In general.--The Administrator of General
Services shall develop a common form for applications
for easements, rights-of-way, and leases under paragraph
(1) for all executive agencies that, except as provided
in subparagraph (B), shall be used by all executive
agencies and applicants with respect to the buildings or
other property of each such agency.
``(B) Exception.--The requirement under subparagraph
(A) for an executive agency to use the common form
developed by the Administrator of General Services shall
not apply to an executive agency if the head of an
executive agency notifies the Administrator that the
executive agency uses a substantially similar
application.
``(3) Timely consideration of applications.--
``(A) In general.--Not later than 270 days after the
date on which an executive agency receives a duly filed
application for an easement, right-of-way, or lease
under this subsection, the executive agency shall--
``(i) grant or deny, on behalf of the Federal
Government, the application; and
``(ii) notify the applicant of the grant or
denial.
``(B) Explanation of denial.--If an executive agency
denies an application under subparagraph (A), the
executive agency shall notify the applicant in writing,
including a clear statement of the reasons for the
denial.
``(C) Applicability of environmental laws.--Nothing
in this paragraph shall be construed to relieve an
executive agency of the requirements of division A of
subtitle III of title 54, United States Code, or the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(D) Point of contact.--Upon receiving an
application under subparagraph (A), an executive agency
shall designate one or more appropriate individuals
within the executive agency to act as a point of contact
with the applicant.
``(c) Master Contracts for Communications Facility Installation
Sitings.--
``(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 (Public Law 104-104; 110 Stat.
[[Page 1102]]
151) or any other provision of law, the Administrator of General
Services shall--
``(A) develop one or more master contracts that
shall govern the placement of communications facility
installations on buildings and other property owned by
the Federal Government; and
``(B) in developing the master contract or
contracts, standardize the treatment of the placement of
communications facility installations on building
rooftops or facades, the placement of communications
facility installations on rooftops or inside buildings,
the technology used in connection with communications
facility installations placed on Federal buildings and
other property, and any other key issues the
Administrator of General Services considers appropriate.
``(2) Applicability.--The master contract or contracts
developed by the Administrator of General Services under
paragraph (1) shall apply to all publicly accessible buildings
and other property owned by the Federal Government, unless the
Administrator of General Services decides that issues with
respect to the siting of a communications facility installation
on a specific building or other property warrant nonstandard
treatment of such building or other property.
``(3) Application.--
``(A) In general.--The Administrator of General
Services shall develop a common form or set of forms for
communications facility installation siting applications
that, except as provided in subparagraph (B), shall be
used by all executive agencies and applicants with
respect to the buildings and other property of each such
agency.
``(B) Exception.--The requirement under subparagraph
(A) for an executive agency to use the common form or
set of forms developed by the Administrator of General
Services shall not apply to an executive agency if the
head of the executive agency notifies the Administrator
that the executive agency uses a substantially similar
application.
``(d) Definitions.--In this section:
``(1) Communications facility installation.--The term
`communications facility installation' includes--
``(A) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets, associated with the licensed or permitted
unlicensed wireless or wireline transmission of
writings, signs, signals, data, images, pictures, and
sounds of all kinds; and
``(B) any antenna or apparatus that--
``(i) is designed for the purpose of emitting
radio frequency;
``(ii) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Federal Communications
Commission or is using duly authorized devices
that do not require individual licenses; and
``(iii) is added to a tower, building, or
other structure.
[[Page 1103]]
``(2) Executive agency.--The term `executive agency' has the
meaning given such term in section 102 of title 40, United
States Code.''.
(b) <> Savings Provision.--An application
for an easement, right-of-way, or lease that was made or granted under
section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012
(47 U.S.C. 1455) before the date of enactment of this Act shall
continue, subject to that section as in effect on the day before such
date of enactment.
(c) Streamlining Broadband Facility Applications.--
(1) Definition of communications facility installation.--In
this subsection, the term ``communications facility
installation'' has the meaning given the term in section 6409(d)
of the Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455(d)), as amended by subsection (a).
(2) Recommendations.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the NTIA, in coordination
with the Department of the Interior, the Department of
Agriculture, the Department of Defense, the Department
of Transportation, OMB, and the General Services
Administration, shall develop recommendations to
streamline the process for considering applications by
those agencies under section 6409(b) of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1455(b)), as amended by subsection (a).
(B) Requirements for recommendations.--The
recommendations developed under subparagraph (A) shall
include--
(i) procedures for the tracking of
applications described in subparagraph (A);
(ii) methods by which to reduce the amount of
time between the receipt of an application and the
issuance of a final decision on an application;
(iii) policies to expedite renewals of an
easement, license, or other authorization to
locate communications facility installations on
land managed by the agencies described in
subparagraph (A); and
(iv) policies that would prioritize or
streamline a permit for construction in a
previously-disturbed right-of-way.
(C) Report to congress.--Not later than 2 years
after the date on which the recommendations required
under subparagraph (A) are developed, the NTIA shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Energy and Commerce of the House of
Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Oversight and Government Reform of the
House of Representatives a report that describes--
(i) the status of the implementation of the
recommendations developed under subparagraph (A);
and
(ii) any improvements to the process for
considering applications described in subparagraph
(A) that have resulted from those recommendations,
including
[[Page 1104]]
in particular the speed at which such applications
are reviewed and a final determination is issued.
(d) <> Additional Savings Provisions.--
(1) Real property authorities.--Nothing in this section, or
the amendments made by this section, shall be construed as
providing any executive agency with any new leasing or other
real property authorities not existing prior to the date of
enactment of this Act.
(2) Effect on other laws.--Nothing in this section, or the
amendments made by this section, and no actions taken pursuant
to this section, or the amendments made by this section, shall
impact a decision or determination by any executive agency to
sell, dispose of, declare excess or surplus, lease, reuse, or
redevelop any Federal real property pursuant to title 40, United
States Code, the Federal Assets Sale and Transfer Act of 2016
(Public Law 114-287), or any other law governing real property
activities of the Federal Government. No agreement entered into
pursuant to this section, or the amendments made by this
section, may obligate the Federal Government to hold, control,
or otherwise retain or use real property that may otherwise be
deemed as excess, surplus, or that could be otherwise sold,
leased, or redeveloped.
SEC. 607. <> BROADBAND INFRASTRUCTURE DEPLOYMENT.
(a) Definitions.--In this section:
(1) Appropriate state agency.--The term ``appropriate State
agency'' means a State governmental agency that is recognized by
the executive branch of the State as having the experience
necessary to evaluate and carry out projects relating to the
proper and effective installation and operation of broadband
infrastructure.
(2) Broadband infrastructure.--The term ``broadband
infrastructure'' means any buried, underground, or aerial
facility, and any wireless or wireline connection, that enables
users to send and receive voice, video, data, graphics, or any
combination thereof.
(3) Broadband infrastructure entity.--The term ``broadband
infrastructure entity'' means any entity that--
(A) installs, owns, or operates broadband
infrastructure; and
(B) provides broadband services in a manner
consistent with the public interest, convenience, and
necessity, as determined by the State.
(4) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(b) Broadband Infrastructure Deployment.--To facilitate the
installation of broadband infrastructure, the Secretary of
Transportation shall promulgate regulations to ensure that each State
that receives funds under chapter 1 of title 23, United States Code,
meets the following requirements:
(1) Broadband consultation.--The State department of
transportation, in consultation with appropriate State agencies,
shall--
(A) identify a broadband utility coordinator, that
may have additional responsibilities, whether in the
State
[[Page 1105]]
department of transportation or in another State agency,
that is responsible for facilitating the broadband
infrastructure right-of-way efforts within the State;
(B) establish a process for the registration of
broadband infrastructure entities that seek to be
included in those broadband infrastructure right-of-way
facilitation efforts within the State;
(C) establish a process to electronically notify
broadband infrastructure entities identified under
subparagraph (B) of the State transportation improvement
program on an annual basis and provide additional
notifications as necessary to achieve the goals of this
section; and
(D) coordinate initiatives carried out under this
section with other statewide telecommunication and
broadband plans and State and local transportation and
land use plans, including strategies to minimize
repeated excavations that involve the installation of
broadband infrastructure in a right-of-way.
(2) Priority.--If a State chooses to provide for the
installation of broadband infrastructure in the right-of-way of
an applicable Federal-aid highway project under this subsection,
the State department of transportation shall carry out any
appropriate measures to ensure that any existing broadband
infrastructure entities are not disadvantaged, as compared to
other broadband infrastructure entities, with respect to the
program under this subsection.
(c) Effect of Section.--This section applies only to activities for
which Federal obligations or expenditures are initially approved on or
after the date regulations under subsection (b) become effective.
Nothing in this section establishes a mandate or requirement that a
State install or allow the installation of broadband infrastructure in a
highway right-of-way. Nothing in this section authorizes the Secretary
of Transportation to withhold or reserve funds or approval of a project
under title 23, United States Code.
SEC. 608. COMMUNICATIONS FACILITIES INSTALLATION.
(a) In General.--Section 21 of the Federal Assets Sale and Transfer
Act of 2016 (40 U.S.C. 1303 note) is amended--
(1) in subsection (b), by adding at the end the following:
``(8) The ability of the Federal real property to support a
communications facility installation.''; and
(2) by adding at the end the following:
``(f) Definition of Communications Facility Installation.--In this
section, the term `communications facility installation' means--
``(1) any infrastructure, including any transmitting device,
tower, or support structure, and any equipment, switches,
wiring, cabling, power sources, shelters, or cabinets associated
with the licensed or permitted unlicensed wireless or wireline
transmission of writings, signs, signals, data, images,
pictures, and sounds of any kind; and
``(2) any antenna or apparatus that--
``(A) is designed for the purpose of emitting radio
frequency;
``(B) is designed to be operated, or is operating,
from a fixed location pursuant to authorization by the
Federal
[[Page 1106]]
Communications Commission or is using duly authorized
devices that do not require individual licenses; and
``(C) is added to a tower, building, or other
structure.''.
(b) <> Public Comment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator of General Services
shall issue a notice for public comment regarding the inclusion
of a communications facility installation under section 21 of
the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303
note), as amended by subsection (a) of this section.
(2) Contents.--In seeking public comment under paragraph
(1), the Administrator shall include a request for
recommendations on--
(A) the criteria that make Federal real property
capable of supporting communications facility
installations;
(B) the types of information related to the Federal
real property that should be included in the database;
and
(C) other matters that the Administrator determines
necessary.
(c) <> Provision of Information.--
(1) In general.--Not later than 90 days after the period for
public comment under subsection (b)(1) ends, the Administrator
of General Services shall notify the head of each Executive
agency of the manner and format for submitting such information
as the Administrator determines appropriate to the database
established under section 21 of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note), as amended by
subsection (a) of this section.
(2) Submission.--Not later than 90 days after the date of
the notification under paragraph (1), the head of an Executive
agency shall submit the information required under paragraph
(1).
(d) State and Local Governments.--
(1) In general.--The Administrator of General Services, in
consultation with the Chairman of the Commission, the Assistant
Secretary of Commerce for Communications and Information, the
Under Secretary of Commerce for Standards and Technology, and
the Director of OMB, shall study--
(A) how to incentivize State and local governments
to provide the Administrator with information, similar
to the information required under subsection (c)(1), for
inclusion in the database described in that subsection;
and
(B) the feasibility of establishing or operating a
database to which State and local governments can
voluntarily submit such information.
(2) Report on incentivizing participation by state and local
governments.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator of
General Services, in consultation with the Chairman of
the Commission, the Assistant Secretary of Commerce for
Communications and Information, the Under Secretary of
Commerce for Standards and Technology, and the Director
of OMB, shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on
Homeland Security
[[Page 1107]]
and Governmental Affairs of the Senate, and the
Committee on Energy and Commerce, the Committee on
Transportation and Infrastructure, and the Committee on
Oversight and Government Reform of the House of
Representatives a report on the findings of the study
under paragraph (1), including recommendations, if any,
consistent with this section.
(B) Considerations.--The Administrator of General
Services, in preparing the report under subparagraph
(A), shall--
(i) consult with State and local governments,
or their representatives, to identify for
inclusion in the report the most cost-effective
options for State and local governments to collect
and provide the information described in paragraph
(1), including utilizing and leveraging State
broadband initiatives and programs; and
(ii) make recommendations on ways the Federal
Government can assist State and local governments
in collecting and providing the information
described in paragraph (1).
(e) <> Savings Provisions.--
(1) Real property authorities.--Nothing in this section, or
an amendment made by this section, shall be construed as
providing any Executive agency with any new leasing or other
real property authority that did not exist prior to the date of
enactment of this Act.
(2) Effect on other laws.--Nothing in this section, or an
amendment made by this section, and no information submitted
pursuant to this section, or pursuant to an amendment made by
this section, shall be used to prevent or otherwise restrict a
decision or determination by any Executive agency to sell,
dispose of, declare excess or surplus, lease, reuse or redevelop
any Federal real property pursuant to--
(A) title 40 of the United States Code;
(B) the Federal Assets Sale and Transfer Act of 2016
(40 U.S.C. 1303 note); or
(C) any other law governing real property activities
of the Federal Government.
SEC. 609. REALLOCATION INCENTIVES.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the Assistant Secretary of Commerce for
Communications and Information, in consultation with the Commission, the
Director of OMB, and the head of each affected Federal agency (or a
designee thereof), after notice and an opportunity for public comment,
shall submit to the appropriate committees of Congress a report that
includes legislative or regulatory recommendations to incentivize a
Federal entity to relinquish, or share with Federal or non-Federal
users, Federal spectrum for the purpose of allowing commercial wireless
broadband services to operate on that Federal spectrum.
(b) Post-Auction Payments.--
(1) Report.--In preparing the report under subsection (a),
the Assistant Secretary of Commerce for Communications and
Information shall--
[[Page 1108]]
(A) consider whether permitting eligible Federal
entities that are implementing a transition plan
submitted under section 113(h) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(h)) to accept payments
could result in access to the eligible frequencies that
are being reallocated for exclusive non-Federal use or
shared use sooner than would otherwise occur without
such payments; and
(B) include the findings under subparagraph (A),
including the analysis under paragraph (2) and any
recommendations for legislation, in the report.
(2) Analysis.--In considering payments under paragraph
(1)(A), the Assistant Secretary of Commerce for Communications
and Information shall conduct an analysis of whether and how
such payments would affect--
(A) bidding in auctions conducted under section
309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)) of such eligible frequencies; and
(B) receipts collected from the auctions described
in subparagraph (A).
(3) Definitions.--In this subsection:
(A) Payment.--The term ``payment'' means a payment
in cash or in-kind by any auction winner, or any person
affiliated with an auction winner, of eligible
frequencies during the period after eligible frequencies
have been reallocated by competitive bidding under
section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)) but prior to the completion of relocation
or sharing transition of such eligible frequencies per
transition plans approved by the Technical Panel.
(B) Eligible frequencies.--The term ``eligible
frequencies'' has the meaning given the term in section
113(g)(2) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(g)(2)).
SEC. 610. BIDIRECTIONAL SHARING STUDY.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, including an opportunity for public comment, the
Commission, in collaboration with the NTIA, shall--
(1) conduct a bidirectional sharing study to determine the
best means of providing Federal entities flexible access to non-
Federal spectrum on a shared basis across a range of short-,
mid-, and long-range timeframes, including for intermittent
purposes like emergency use; and
(2) submit to Congress a report on the study under paragraph
(1), including any recommendations for legislation or proposed
regulations.
(b) Considerations.--In conducting the study under subsection (a),
the Commission shall--
(1) consider the regulatory certainty that commercial
spectrum users and Federal entities need to make longer-term
investment decisions for shared access to be viable; and
(2) evaluate any barriers to voluntary commercial
arrangements in which non-Federal users could provide access to
Federal entities.
[[Page 1109]]
SEC. 611. <> UNLICENSED SERVICES IN GUARD BANDS.
(a) In General.--After public notice and comment, and in
consultation with the Assistant Secretary of Commerce for Communications
and Information and the head of each affected Federal agency (or a
designee thereof), with respect to frequencies allocated for Federal
use, the Commission shall adopt rules that permit unlicensed services
where feasible to use any frequencies that are designated as guard bands
to protect frequencies allocated after the date of enactment of this Act
by competitive bidding under section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)), including spectrum that acts as a duplex gap
between transmit and receive frequencies.
(b) Limitation.--The Commission may not permit any use of a guard
band under this section that would cause harmful interference to a
licensed service or a Federal service.
(c) Rule of Construction.--Nothing in this section shall be
construed as limiting the Commission or the Assistant Secretary of
Commerce for Communications and Information from otherwise making
spectrum available for licensed or unlicensed use in any frequency band
in addition to guard bands, including under section 603 of this title,
consistent with their statutory jurisdictions.
SEC. 612. PRE-AUCTION FUNDING.
Section 118(d)(3)(B)(i)(II) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
928(d)(3)(B)(i)(II)) is amended by striking ``5 years'' and inserting
``8 years''.
SEC. 613. IMMEDIATE TRANSFER OF FUNDS.
Section 118(e)(1) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928(e)(1)) is amended by
adding at the end the following:
``(D) At the request of an eligible Federal entity,
the Director of the Office of Management and Budget (in
this subsection referred to as `OMB') may transfer the
amount under subparagraph (A) immediately--
``(i) after the frequencies are reallocated by
competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)); or
``(ii) in the case of an incumbent Federal
entity that is incurring relocation or sharing
costs to accommodate sharing spectrum frequencies
with another Federal entity, after the frequencies
from which the other eligible Federal entity is
relocating are reallocated by competitive bidding
under section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)), without regard to the
availability of such sums in the Fund.
``(E) Prior to the deposit of proceeds into the Fund
from an auction, the Director of OMB may borrow from the
Treasury the amount under subparagraph (A) for a
transfer under subparagraph (D). The Treasury shall
immediately be reimbursed, without interest, from funds
deposited into the Fund.''.
SEC. 614. AMENDMENTS TO THE SPECTRUM PIPELINE ACT OF 2015.
Section 1008 of the Spectrum Pipeline Act of 2015 (Public Law 114-
74; 129 Stat. 584) is amended in the matter preceding
[[Page 1110]]
paragraph (1) by inserting ``, after notice and an opportunity for
public comment,'' after ``the Commission''.
SEC. 615. GAO ASSESSMENT OF UNLICENSED SPECTRUM AND WI-FI USE IN LOW-
INCOME NEIGHBORHOODS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study to evaluate the availability of
broadband Internet access using unlicensed spectrum and wireless
networks in low-income neighborhoods.
(2) Requirements.--In conducting the study under paragraph
(1), the Comptroller General shall consider and evaluate--
(A) the availability of wireless Internet hot spots
and access to unlicensed spectrum in low-income
neighborhoods, particularly for elementary and secondary
school-aged children in such neighborhoods;
(B) any barriers preventing or limiting the
deployment and use of wireless networks in low-income
neighborhoods;
(C) how to overcome any barriers described in
subparagraph (B), including through incentives,
policies, or requirements that would increase the
availability of unlicensed spectrum and related
technologies in low-income neighborhoods; and
(D) how to encourage home broadband adoption by
households with elementary and secondary school-age
children that are in low-income neighborhoods.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report that--
(1) summarizes the findings of the study conducted under
subsection (a); and
(2) makes recommendations with respect to potential
incentives, policies, and requirements that could help achieve
the goals described in subparagraphs (C) and (D) of subsection
(a)(2).
SEC. 616. <> RULEMAKING RELATED TO PARTITIONING OR
DISAGGREGATING LICENSES.
(a) Definitions.--In this section:
(1) Covered small carrier.--The term ``covered small
carrier'' means a carrier (as defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153)) that--
(A) has not more than 1,500 employees (as determined
under section 121.106 of title 13, Code of Federal
Regulations, or any successor thereto); and
(B) offers services using the facilities of the
carrier.
(2) Rural area.--The term ``rural area'' means any area
other than--
(A) a city, town, or incorporated area that has a
population of more than 20,000 inhabitants; or
(B) an urbanized area contiguous and adjacent to a
city or town that has a population of more than 50,000
inhabitants.
(b) Rulemaking.--
[[Page 1111]]
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall initiate a
rulemaking proceeding to assess whether to establish a program,
or modify existing programs, under which a licensee that
receives a license for the exclusive use of spectrum in a
specific geographic area under section 301 of the Communications
Act of 1934 (47 U.S.C. 301) may partition or disaggregate the
license by sale or long-term lease--
(A) in order to--
(i) provide services consistent with the
license; and
(ii) make unused spectrum available to--
(I) an unaffiliated covered small
carrier; or
(II) an unaffiliated carrier to
serve a rural area; and
(B) if the Commission finds that such a program
would promote--
(i) the availability of advanced
telecommunications services in rural areas; or
(ii) spectrum availability for covered small
carriers.
(2) Considerations.--In conducting the rulemaking proceeding
under paragraph (1), the Commission shall consider, with respect
to the program proposed to be established under that paragraph--
(A) whether reduced performance requirements with
respect to spectrum obtained through the program would
facilitate deployment of advanced telecommunications
services in the areas covered by the program;
(B) what conditions may be needed on transfers of
spectrum under the program to allow covered small
carriers that obtain spectrum under the program to build
out the spectrum in a reasonable period of time;
(C) what incentives may be appropriate to encourage
licensees to lease or sell spectrum, including--
(i) extending the term of a license granted
under section 301 of the Communications Act of
1934 (47 U.S.C. 301); or
(ii) modifying performance requirements of the
license relating to the leased or sold spectrum;
and
(D) the administrative feasibility of--
(i) the incentives described in subparagraph
(C); and
(ii) other incentives considered by the
Commission that further the goals of this section.
(3) Forfeiture of spectrum.--If a party fails to meet any
build out requirements set by the Commission for any spectrum
sold or leased under this section, the right to the spectrum
shall be forfeited to the Commission unless the Commission finds
that there is good cause for the failure of the party.
(4) Requirement.--The Commission may offer a licensee
incentives or reduced performance requirements under this
section only if the Commission finds that doing so would likely
result in increased availability of advanced telecommunications
services in a rural area.
[[Page 1112]]
SEC. 617. <> UNLICENSED SPECTRUM POLICY.
(a) Statement of Policy.--It is the policy of the United States--
(1) to maximize the benefit to the people of the United
States of the spectrum resources of the United States;
(2) to advance innovation and investment in wireless
broadband services; and
(3) to promote spectrum policy that makes available on an
unlicensed basis radio frequency bands to address consumer
demand for unlicensed wireless broadband operations.
(b) Commission Responsibilities.--The Commission shall ensure that
the efforts of the Commission related to spectrum allocation and
assignment made available on an unlicensed basis radio frequency bands
to address demand for unlicensed wireless broadband operations if doing
so is, after taking into account the future needs of homeland security,
national security, and other spectrum users--
(1) reasonable; and
(2) in the public interest.
(c) Rule of Construction.--Nothing in this section confers any
additional rights on unlicensed users or users licensed by rule under
part 96 of title 47, Code of Federal Regulations, to protection from
harmful interference.
SEC. 618. <> NATIONAL PLAN FOR UNLICENSED SPECTRUM.
(a) Definitions.--In this section:
(1) Spectrum relocation fund.--The term ``Spectrum
Relocation Fund'' means the Fund established under section 118
of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928).
(2) Unlicensed or licensed by rule operations.--The term
``unlicensed or licensed by rule operations'' means the use of
spectrum on a non-exclusive basis under--
(A) part 15 of title 47, Code of Federal
Regulations; or
(B) licensing by rule under part 96 of title 47,
Code of Federal Regulations.
(b) National Plan.--Not later than 18 months after the date of
enactment of this Act, the Commission, in consultation with the NTIA,
shall develop a national plan for making additional radio frequency
bands available for unlicensed or licensed by rule operations.
(c) Requirements.--The plan developed under this section shall--
(1) identify an approach that ensures that consumers have
access to additional spectrum to conduct unlicensed or licensed
by rule operations in a range of radio frequencies to meet
consumer demand;
(2) recommend specific actions by the Commission and the
NTIA to permit unlicensed or licensed by rule operations in
additional radio frequency ranges that the Commission finds--
(A) are consistent with the statement of policy
under section 617(a) of this title;
(B) will--
(i) expand opportunities for unlicensed or
licensed by rule operations in a spectrum band; or
[[Page 1113]]
(ii) otherwise improve spectrum utilization
and intensity of use of bands where unlicensed or
licensed by rule operations are already permitted;
(C) will not cause harmful interference to Federal
or non-Federal users of such bands; and
(D) will not significantly impact homeland security
or national security communications systems; and
(3) examine additional ways, with respect to existing and
planned databases or spectrum access systems designed to promote
spectrum sharing and access to spectrum for unlicensed or
licensed by rule operations--
(A) to improve accuracy and efficacy;
(B) to reduce burdens on consumers, manufacturers,
and service providers; and
(C) to protect sensitive Government information.
(d) Spectrum Relocation Fund.--To be included as an appendix as part
of the plan developed under this section, the NTIA, in consultation with
the Director of the Office of Management and Budget, shall share with
the Commission recommendations about how to reform the Spectrum
Relocation Fund--
(1) to address costs incurred by Federal entities related to
sharing radio frequency bands with radio technologies conducting
unlicensed or licensed by rule operations; and
(2) to ensure the Spectrum Relocation Fund has sufficient
funds to cover--
(A) the costs described in paragraph (1); and
(B) other expenditures allowed of the Spectrum
Relocation Fund under section 118 of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 928).
(e) Report Required.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report that describes the
plan developed under this section, including any recommendations
for legislative change.
(2) Publication on commission website.--Not later than the
date on which the Commission submits the report under paragraph
(1), the Commission shall make the report publicly available on
the website of the Commission.
(f) Rule of Construction.--Nothing in this section confers any
additional rights on unlicensed users or users licensed by rule under
part 96 of title 47, Code of Federal Regulations, to protection from
harmful interference.
SEC. 619. <> SPECTRUM
CHALLENGE PRIZE.
(a) Short Title.--This section may be cited as the ``Spectrum
Challenge Prize Act''.
(b) Definition of Prize Competition.--In this section, the term
``prize competition'' means a prize competition conducted by the
Secretary under subsection (c)(1).
(c) Spectrum Challenge Prize.--
(1) In general.--The Secretary, in consultation with the
Assistant Secretary of Commerce for Communications and
Information and the Under Secretary of Commerce for Standards
and Technology, shall, subject to the availability of funds for
prize competitions under this section--
[[Page 1114]]
(A) conduct prize competitions to dramatically
accelerate the development and commercialization of
technology that improves spectrum efficiency and is
capable of cost-effective deployment; and
(B) define a measurable set of performance goals for
participants in the prize competitions to demonstrate
their solutions on a level playing field while making a
significant advancement over the current state of the
art.
(2) Authority of secretary.--In carrying out paragraph (1),
the Secretary may--
(A) enter into a grant, contract, cooperative
agreement, or other agreement with a private sector for-
profit or nonprofit entity to administer the prize
competitions;
(B) invite the Defense Advanced Research Projects
Agency, the Commission, the National Aeronautics and
Space Administration, the National Science Foundation,
or any other Federal agency to provide advice and
assistance in the design or administration of the prize
competitions; and
(C) award not more than $5,000,000, in the
aggregate, to the winner or winners of the prize
competitions.
(d) Criteria.--Not later than 180 days after the date on which funds
for prize competitions are made available pursuant to this section, the
Commission shall publish a technical paper on spectrum efficiency
providing criteria that may be used for the design of the prize
competitions.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 620. <> WIRELESS TELECOMMUNICATIONS
TAX AND FEE COLLECTION FAIRNESS.
(a) Short Title.--This section may be cited as the ``Wireless
Telecommunications Tax and Fee Collection Fairness Act''.
(b) Definitions.--In this section:
(1) Financial transaction.--The term ``financial
transaction'' means a transaction in which the purchaser or user
of a wireless telecommunications service upon whom a tax, fee,
or surcharge is imposed gives cash, credit, or any other
exchange of monetary value or consideration to the person who is
required to collect or remit the tax, fee, or surcharge.
(2) Local jurisdiction.--The term ``local jurisdiction''
means a political subdivision of a State.
(3) State.--The term ``State'' means any of the several
States, the District of Columbia, and any territory or
possession of the United States.
(4) State or local jurisdiction.--The term ``State or local
jurisdiction'' includes any governmental entity or person acting
on behalf of a State or local jurisdiction that has the
authority to assess, impose, levy, or collect taxes or fees.
(5) Wireless telecommunications service.--The term
``wireless telecommunications service'' means a commercial
mobile radio service, as defined in section 20.3 of title 47,
Code of Federal Regulations, or any successor thereto.
(c) Financial Transaction Requirement.--
(1) In general.--A State, or a local jurisdiction of a
State, may not require a person who is neither a resident of
such
[[Page 1115]]
State or local jurisdiction nor an entity having its principal
place of business in such State or local jurisdiction to collect
from, or remit on behalf of, any other person a State or local
tax, fee, or surcharge imposed on a purchaser or user with
respect to the purchase or use of any wireless
telecommunications service within the State unless the
collection or remittance is in connection with a financial
transaction.
(2) Rule of construction.--Nothing in this subsection shall
be construed to affect the right of a State or local
jurisdiction to require the collection of any tax, fee, or
surcharge in connection with a financial transaction.
(d) Enforcement.--
(1) Private right of action.--Any person aggrieved by a
violation of subsection (c) may bring a civil action in an
appropriate district court of the United States for equitable
relief in accordance with paragraph (2) of this subsection.
(2) Jurisdiction of district courts.--Notwithstanding
section 1341 of title 28, United States Code, or the
constitution or laws of any State, the district courts of the
United States shall have jurisdiction, without regard to the
amount in controversy or citizenship of the parties, to grant
such mandatory or prohibitive injunctive relief, interim
equitable relief, and declaratory judgments as may be necessary
to prevent, restrain, or terminate any acts in violation of
subsection (c).
SEC. 621. <> RULES OF CONSTRUCTION.
(a) Ranges of Frequencies.--Each range of frequencies described in
this title shall be construed to be inclusive of the upper and lower
frequencies in the range.
(b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing in
this title shall be construed to affect any requirement under section
156 of the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of
the National Defense Authorization Act for Fiscal Year 2000.
SEC. 622. <> RELATIONSHIP TO MIDDLE CLASS TAX
RELIEF AND JOB CREATION ACT OF 2012.
Nothing in this title shall be construed to limit, restrict, or
circumvent in any way the implementation of the nationwide public safety
broadband network defined in section 6001 of title VI of the Middle
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401) or any
rules implementing that network under title VI of that Act (47 U.S.C.
1401 et seq.).
SEC. 623. <> NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
this title, or the amendments made by this title. This title, and the
amendments made by this title, shall be carried out using amounts
otherwise authorized.
DIVISION Q--KEVIN <> AND AVONTE'S LAW
SECTION 1. SHORT TITLE.
This division may be cited as the ``Kevin and Avonte's Law of
2018''.
[[Page 1116]]
TITLE I--MISSING <>
ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM REAUTHORIZATION
SEC. 101. <> SHORT TITLE.
This title may be cited as the ``Missing Americans Alert Program Act
of 2018''.
SEC. 102. REAUTHORIZATION OF THE MISSING ALZHEIMER'S DISEASE PATIENT
ALERT PROGRAM.
(a) Amendments.--Section 240001 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12621) is amended--
(1) in the section header, by striking ``alzheimer's disease
patient'' and inserting ``americans'';
(2) by striking subsection (a) and inserting the following:
``(a) Grant Program To Reduce Injury and Death of Missing Americans
With Dementia and Developmental Disabilities.--Subject to the
availability of appropriations to carry out this section, the Attorney
General, through the Bureau of Justice Assistance and in consultation
with the Secretary of Health and Human Services--
``(1) shall award competitive grants to health care
agencies, State and local law enforcement agencies, or public
safety agencies and nonprofit organizations to assist such
entities in planning, designing, establishing, or operating
locally based, proactive programs to prevent wandering and
locate missing individuals with forms of dementia, such as
Alzheimer's Disease, or developmental disabilities, such as
autism, who, due to their condition, wander from safe
environments, including programs that--
``(A) provide prevention and response information,
including online training resources, and referrals to
families or guardians of such individuals who, due to
their condition, wander from a safe environment;
``(B) provide education and training, including
online training resources, to first responders, school
personnel, clinicians, and the public in order to--
``(i) increase the safety and reduce the
incidence of wandering of persons, who, due to
their dementia or developmental disabilities, may
wander from safe environments;
``(ii) facilitate the rescue and recovery of
individuals who, due to their dementia or
developmental disabilities, wander from safe
environments; and
``(iii) recognize and respond to and
appropriately interact with endangered missing
individuals with dementia or developmental
disabilities who, due to their condition, wander
from safe environments;
``(C) provide prevention and response training and
emergency protocols for school administrators, staff,
and families or guardians of individuals with dementia,
such as Alzheimer's Disease, or developmental
disabilities, such as autism, to help reduce the risk of
wandering by such individuals; and
[[Page 1117]]
``(D) develop, operate, or enhance a notification or
communications systems for alerts, advisories, or
dissemination of other information for the recovery of
missing individuals with forms of dementia, such as
Alzheimer's Disease, or with developmental disabilities,
such as autism; and
``(2) shall award grants to health care agencies, State and
local law enforcement agencies, or public safety agencies to
assist such agencies in designing, establishing, and operating
locative tracking technology programs for individuals with forms
of dementia, such as Alzheimer's Disease, or children with
developmental disabilities, such as autism, who have wandered
from safe environments.'';
(3) in subsection (b)--
(A) by inserting ``competitive'' after ``to receive
a'';
(B) by inserting ``agency or'' before
``organization'' each place it appears; and
(C) by adding at the end the following: ``The
Attorney General shall periodically solicit applications
for grants under this section by publishing a request
for applications in the Federal Register and by posting
such a request on the website of the Department of
Justice.''; and
(4) by striking subsections (c) and (d) and inserting the
following:
``(c) Preference.--In awarding grants under subsection (a)(1), the
Attorney General shall give preference to law enforcement or public
safety agencies that partner with nonprofit organizations that
appropriately use person-centered plans minimizing restrictive
interventions and that have a direct link to individuals, and families
of individuals, with forms of dementia, such as Alzheimer's Disease, or
developmental disabilities, such as autism.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2018 through 2022.
``(e) Grant Accountability.--All grants awarded by the Attorney
General under this section shall be subject to the following
accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months from the date when the final audit report is
issued.
``(B) Audits.--Beginning in the first fiscal year
beginning after the date of enactment of this
subsection, and in each fiscal year thereafter, the
Inspector General of the Department of Justice shall
conduct audits of recipients of grants under this
section to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this section that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this section during the first
2 fiscal years beginning
[[Page 1118]]
after the end of the 12-month period described in
subparagraph (A).
``(D) Priority.--In awarding grants under this
section, the Attorney General shall give priority to
eligible applicants that did not have an unresolved
audit finding during the 3 fiscal years before
submitting an application for a grant under this
section.
``(E) Reimbursement.--If an entity is awarded grant
funds under this section during the 2-fiscal-year period
during which the entity is barred from receiving grants
under subparagraph (C), the Attorney General shall--
``(i) deposit an amount equal to the amount of
the grant funds that were improperly awarded to
the grantee into the General Fund of the Treasury;
and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition of nonprofit organization.--For
purposes of this paragraph and the grant programs under
this section, the term `nonprofit organization' means an
organization that is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code.
``(B) Prohibition.--The Attorney General may not
award a grant under this section to a nonprofit
organization that holds money in offshore accounts for
the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that
is awarded a grant under this section and uses the
procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees, and
key employees, shall disclose to the Attorney General,
in the application for the grant, the process for
determining such compensation, including the independent
persons involved in reviewing and approving such
compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make
the information disclosed under this subparagraph
available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts made available to the
Department of Justice under this section may be used by
the Attorney General, or by any individual or entity
awarded discretionary funds through a cooperative
agreement under this section, to host or support any
expenditure for conferences that uses more than $20,000
in funds made available by the Department of Justice,
unless the head of the relevant agency or department,
provides prior written authorization that the funds may
be expended to host the conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of all
costs associated with the conference, including the cost
[[Page 1119]]
of all food, beverages, audio-visual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
conference expenditures approved under this paragraph.
``(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this subsection,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification--
``(A) indicating whether--
``(i) all audits issued by the Office of the
Inspector General under paragraph (1) have been
completed and reviewed by the appropriate
Assistant Attorney General or Director;
``(ii) all mandatory exclusions required under
paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under
paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
``(f) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this section, the Attorney General
shall compare potential grant awards with other grants awarded
by the Attorney General to determine if grant awards are or have
been awarded for a similar purpose.
``(2) Report.--If the Attorney General awards grants to the
same applicant for a similar purpose the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a
report that includes--
``(A) a list of all such grants awarded, including
the total dollar amount of any such grants awarded; and
``(B) the reason the Attorney General awarded
multiple grants to the same applicant for a similar
purpose.''.
(b) <> Annual Report.--Not later than 2 years
after the date of enactment of this Act and every year thereafter, the
Attorney General shall submit to the Committee on the Judiciary and the
Committee on Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the House of
Representatives a report on the Missing Americans Alert Program, as
amended by subsection (a), which shall address--
(1) the number of individuals who benefitted from the
Missing Americans Alert Program, including information such as
the number of individuals with reduced unsafe wandering, the
number of people who were trained through the program, and the
estimated number of people who were impacted by the program;
(2) the number of State, local, and tribal law enforcement
or public safety agencies that applied for funding under the
Missing Americans Alert Program;
[[Page 1120]]
(3) the number of State, local, and tribal local law
enforcement or public safety agencies that received funding
under the Missing Americans Alert Program, including--
(A) the number of State, local, and tribal law
enforcement or public safety agencies that used such
funding for training; and
(B) the number of State, local, and tribal law
enforcement or public safety agencies that used such
funding for designing, establishing, or operating
locative tracking technology;
(4) the companies, including the location (city and State)
of the headquarters and local offices of each company, for which
their locative tracking technology was used by State, local, and
tribal law enforcement or public safety agencies;
(5) the nonprofit organizations, including the location
(city and State) of the headquarters and local offices of each
organization, that State, local, and tribal law enforcement or
public safety agencies partnered with and the result of each
partnership;
(6) the number of missing children with autism or another
developmental disability with wandering tendencies or adults
with Alzheimer's being served by the program who went missing
and the result of the search for each such individual; and
(7) any recommendations for improving the Missing Americans
Alert Program.
(c) Table of Contents.--The table of contents in section 2 of the
Violent Crime Control and Law Enforcement Act of 1994 is amended by
striking the item relating to section 240001 and inserting the
following:
``Sec. 240001. Missing Americans Alert Program.''.
TITLE II--EDUCATION AND OUTREACH
SEC. 201. ACTIVITIES BY THE NATIONAL CENTER FOR MISSING AND EXPLOITED
CHILDREN.
Section 404(b)(1)(H) of the Missing Children's Assistance Act (34
U.S.C. 11293(b)(1)(H)) is amended by inserting ``, including cases
involving children with developmental disabilities such as autism''
before the semicolon.
TITLE III--PRIVACY PROTECTIONS
SEC. 301. <> DEFINITIONS.
In this title:
(1) Child.--The term ``child'' means an individual who is
less than 18 years of age.
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304(e)).
[[Page 1121]]
(3) Law enforcement agency.--The term ``law enforcement
agency'' means an agency of a State, unit of local government,
or Indian tribe that is authorized by law or by a government
agency to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of criminal law.
(4) Non-invasive and non-permanent.--The term ``non-invasive
and non-permanent'' means, with regard to any technology or
device, that the procedure to install the technology or device
does not create an external or internal marker or implant a
device, such as a microchip, or other trackable items.
(5) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
(6) Unit of local government.--The term ``unit of local
government'' means a county, municipality, town, township,
village, parish, borough, or other unit of general government
below the State level.
SEC. 302. <> STANDARDS AND BEST PRACTICES FOR USE
OF NON-INVASIVE AND NON-PERMANENT TRACKING DEVICES.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, in consultation
with the Secretary of Health and Human Services and leading
research, advocacy, self-advocacy, and service organizations,
shall establish standards and best practices relating to the use
of non-invasive and non-permanent tracking technology, where a
guardian or parent has determined that a non-invasive and non-
permanent tracking device is the least restrictive alternative,
to locate individuals as described in subsection (a)(2) of
section 240001 of the Violent Crime Control and Law Enforcement
Act of 1994 (34 U.S.C. 12621), as added by this Act.
(2) Requirements.--In establishing the standards and best
practices required under paragraph (1), the Attorney General
shall--
(A) determine--
(i) the criteria used to determine which
individuals would benefit from the use of a
tracking device;
(ii) the criteria used to determine who should
have direct access to the tracking system; and
(iii) which non-invasive and non-permanent
types of tracking devices can be used in
compliance with the standards and best practices;
and
(B) establish standards and best practices the
Attorney General determines are necessary to the
administration of a tracking system, including
procedures to--
(i) safeguard the privacy of the data used by
the tracking device such that--
(I) access to the data is restricted
to law enforcement and health agencies
determined necessary by the Attorney
General; and
(II) collection, use, and retention
of the data is solely for the purpose of
preventing injury to or death of the
individual wearing the tracking device;
[[Page 1122]]
(ii) establish criteria to determine whether
use of the tracking device is the least
restrictive alternative in order to prevent risk
of injury or death before issuing the tracking
device, including the previous consideration of
less restrictive alternatives;
(iii) provide training for law enforcement
agencies to recognize signs of abuse during
interactions with applicants for tracking devices;
(iv) protect the civil rights and liberties of
the individuals who use tracking devices,
including their rights under the Fourth Amendment
to the Constitution of the United States and title
VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.);
(v) establish a complaint and investigation
process to address--
(I) incidents of noncompliance by
recipients of grants under subsection
(a)(2) of section 240001 of the Violent
Crime Control and Law Enforcement Act of
1994 (34 U.S.C. 12621), as added by this
Act, with the best practices established
by the Attorney General or other
applicable law; and
(II) use of a tracking device over
the objection of an individual; and
(vi) determine the role that State agencies
should have in the administration of a tracking
system.
(3) Effective date.--The standards and best practices
established pursuant to paragraph (1) shall take effect 90 days
after publication of such standards and practices by the
Attorney General.
(b) Required Compliance.--
(1) In general.--Each entity that receives a grant under
subsection (a)(2) of section 240001 of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12621), as added by
this Act, shall comply with any standards and best practices
relating to the use of tracking devices established by the
Attorney General in accordance with subsection (a).
(2) Determination of compliance.--The Attorney General, in
consultation with the Secretary of Health and Human Services,
shall determine whether an entity that receives a grant under
subsection (a)(2) of section 240001 of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12621), as added by
this Act, acts in compliance with the standards and best
practices described in paragraph (1).
(c) Applicability of Standards and Best Practices.--The standards
and best practices established by the Attorney General under subsection
(a) shall apply only to the grant programs authorized under subsection
(a)(2) of section 240001 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12621), as added by this Act.
(d) Limitations on Program.--
(1) Data storage.--Any tracking data provided by tracking
devices issued under this program may not be used by a Federal
entity to create a database.
(2) Voluntary participation.--Nothing in this Act may be
construed to require that a parent or guardian use a tracking
device to monitor the location of a child or adult under that
parent or guardian's supervision if the parent or guardian
[[Page 1123]]
does not believe that the use of such device is necessary or in
the interest of the child or adult under supervision.
DIVISION R--TARGET <> ACT
SECTION 1. SHORT TITLES.
This division may be cited as the ``Targeted Rewards for the Global
Eradication of Human Trafficking'' or the ``TARGET Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Trafficking in persons is a major transnational crime,
as recognized by the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7101 et seq.; division A of Public Law 106-386).
(2) Trafficking in persons is increasingly perpetrated by
organized, sophisticated criminal enterprises.
(3) Combating trafficking in persons requires a global
approach to identifying and apprehending the world's worst human
trafficking rings.
(b) Sense of Congress.--It is the sense of Congress that the
Department of State's rewards program is a powerful tool in combating
sophisticated international crime and that the Department of State and
Federal law enforcement should work in concert to offer rewards that
target human traffickers who prey on the most vulnerable people around
the world.
SEC. 3. REWARDS FOR JUSTICE.
Section 36(k)(5) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708(k)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``means'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses, as
redesignated, 2 ems to the right;
(3) by inserting before clause (i), as redesignated, the
following:
``(A) means--'';
(4) in clause (ii), as redesignated, by striking the period
at the end and inserting ``; and''; and
(5) by adding at the end following:
``(B) includes severe forms of trafficking in
persons (as defined in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102))
involving at least 1 jurisdiction outside of the United
States.''.
DIVISION S--OTHER MATTER
TITLE I--CHILD PROTECTION IMPROVEMENTS ACT
SEC. 101. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND CRIMINAL
HISTORY REVIEW PROGRAM.
(a) In General.--The National Child Protection Act of 1993 (34
U.S.C. 40101 et seq.) is amended--
(1) in section 3 (34 U.S.C. 40102)--
[[Page 1124]]
(A) by striking ``provider'' each place it appears
and inserting ``covered individual'';
(B) by striking ``provider's'' each place it appears
and inserting ``covered individual's'';
(C) by amending subsection (a)(3) to read as
follows:
``(3)(A) The Attorney General shall establish a program, in
accordance with this section, to provide qualified entities located in
States that do not have in effect procedures described in paragraph (1),
or qualified entities located in States that do not prohibit the use of
the program established under this paragraph, with access to national
criminal history background checks on, and criminal history reviews of,
covered individuals. In any case where the use of a Federal national
criminal history background check program is required pursuant to
Federal law as of the effective date of this subparagraph, the program
under this subparagraph may not be used.
``(B) A qualified entity described in subparagraph (A) may submit to
the appropriate designated entity a request for a national criminal
history background check on, and a criminal history review of, a covered
individual. Qualified entities making a request under this paragraph
shall comply with the guidelines set forth in subsection (b), and with
any additional applicable procedures set forth by the Attorney General
or by the State in which the entity is located.'';
(D) in subsection (b)--
(i) in paragraph (1)(E), by striking
``unsupervised'';
(ii) by amending paragraph (2) to read as
follows:
``(2) that the State, or in a State that does not have in
effect procedures described in subsection (a)(1), the designated
entity, ensures that--
``(A) each covered individual who is the subject of
a background check under subsection (a) is entitled to
obtain a copy of any background check report;
``(B) each covered individual who is the subject of
a background check under subsection (a) is provided a
process by which the covered individual may appeal the
results of the background check to challenge the
accuracy or completeness of the information contained in
the background report of the covered individual and
obtain a prompt determination as to the validity of such
challenge before a final determination is made by the
authorized agency;
``(C)(i) each covered individual described in
subparagraph (B) is given notice of the opportunity to
appeal;
``(ii) each covered individual described in
subparagraph (B) will receive instructions on how to
complete the appeals process if the covered individual
wishes to challenge the accuracy or completeness of the
information contained in the background report of the
covered individual; and
``(iii) the appeals process is completed in a timely
manner for each covered individual described in
subparagraph (B);
``(iv) the appeals process is consistent with title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.); and
``(D) an authorized agency, upon receipt of a
background check report lacking disposition data, shall
conduct
[[Page 1125]]
research in whatever State and local recordkeeping
systems are available in order to obtain complete
data;'';
(iii) in paragraph (3), by inserting ``or
designated entity, as applicable,'' after
``authorized agency''; and
(iv) in paragraph (4), by inserting ``or
designated entity, as applicable,'' after
``authorized agency'';
(E) in subsection (d), by inserting ``, nor shall
any designated entity nor any officer or employee
thereof,'' after ``officer or employee thereof,'';
(F) by amending subsection (e) to read as follows:
``(e) Fees.--
``(1) State program.--In the case of a background check
conducted pursuant to a State requirement adopted after December
20, 1993, conducted with fingerprints on a covered individual,
the fees collected by authorized State agencies and the Federal
Bureau of Investigation may not exceed the actual cost of the
background check conducted with fingerprints.
``(2) Federal program.--In the case of a national criminal
history background check and criminal history review conducted
pursuant to the procedures established pursuant to subsection
(a)(3), the fees collected by a designated entity shall be set
at a level that will ensure the recovery of the full costs of
providing all such services. The designated entity shall remit
the appropriate portion of such fee to the Attorney General,
which amount is in accordance with the amount published in the
Federal Register to be collected for the provision of a criminal
history background check by the Federal Bureau of Investigation.
``(3) Ensuring fees do not discourage volunteers.--A fee
system under this subsection shall be established in a manner
that ensures that fees to qualified entities for background
checks do not discourage volunteers from participating in
programs to care for children, the elderly, or individuals with
disabilities. A fee charged to a qualified entity that is not
organized under section 501(c)(3) of the Internal Revenue Code
of 1986 may not be less than the total sum of the costs of the
Federal Bureau of Investigation and the designated entity.'';
and
(G) by inserting after subsection (e) the following:
``(f) National Criminal History Background Check and Criminal
History Review Program.--
``(1) National criminal history background check.--Upon a
designated entity receiving notice of a request submitted by a
qualified entity pursuant to subsection (a)(3), the designated
entity shall forward the request to the Attorney General, who
shall, acting through the Director of the Federal Bureau of
Investigation, complete a fingerprint-based check of the
national criminal history background check system, and provide
the information received in response to such national criminal
history background check to the appropriate designated entity.
The designated entity may, upon request from a qualified entity,
complete a check of a State criminal history database.
``(2) Criminal history review.--
``(A) Designated entities.--The Attorney General
shall designate, and enter into an agreement with, one
or more entities to make determinations described in
[[Page 1126]]
subparagraph (B). The Attorney General may not designate
and enter into an agreement with a Federal agency under
this subparagraph.
``(B) Determinations.--A designated entity shall,
upon the receipt of the information described in
paragraph (1), make a determination of fitness described
in subsection (b)(4), using the criteria described in
subparagraph (C).
``(C) Criminal history review criteria.--The
Attorney General shall, by rule, establish the criteria
for use by designated entities in making a determination
of fitness described in subsection (b)(4). Such criteria
shall be based on the criteria established pursuant to
section 108(a)(3)(G)(i) of the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children
Today Act of 2003 (34 U.S.C. 40102 note) and section
658H of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858f).''; and
(2) in section 5 (34 U.S.C. 40104)--
(A) by amending paragraph (9) to read as follows:
``(9) the term `covered individual' means an individual--
``(A) who has, seeks to have, or may have access to
children, the elderly, or individuals with disabilities,
served by a qualified entity; and
``(B) who--
``(i) is employed by or volunteers with, or
seeks to be employed by or volunteer with, a
qualified entity; or
``(ii) owns or operates, or seeks to own or
operate, a qualified entity;'';
(B) in paragraph (10), by striking ``and'' at the
end;
(C) in paragraph (11), by striking the period at the
end and inserting ``; and''; and
(D) by inserting after paragraph (11) the following:
``(12) the term `designated entity' means an entity
designated by the Attorney General under section 3(f)(2)(A).''.
(b) <> Implementation.--The Attorney
General shall ensure that this section and the amendments made by this
section are fully implemented not later than 1 year after the date of
enactment of this section.
TITLE II--SAVE AMERICA'S PASTIME ACT
SEC. 201. APPLICATION OF THE FAIR LABOR STANDARDS ACT OF 1938 TO MINOR
LEAGUE BASEBALL PLAYERS.
(a) In General.--Section 13(a) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(a)) is amended--
(1) in paragraph (18), by striking the period and inserting
``; or''; and
(2) by adding at the end the following:
``(19) any employee employed to play baseball who is
compensated pursuant to a contract that provides for a weekly
salary for services performed during the league's championship
season (but not spring training or the off season) at a rate
that is not less than a weekly salary equal to the minimum wage
under section 6(a) for a workweek of 40 hours, irrespective
[[Page 1127]]
of the number of hours the employee devotes to baseball related
activities.''.
(b) <> Effective Date.--This section, and
the amendments made by this section, shall take effect on the date of
enactment of this Act.
TITLE III--KEEP <> YOUNG
ATHLETES SAFE ACT
SEC. 301. <> SHORT TITLE.
This title may be cited as the ``Keep Young Athletes Safe Act of
2018''.
SEC. 302. GRANT TO PROTECT YOUNG ATHLETES FROM ABUSE.
(a) In General.--Chapter 2205 of title 36, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER III-- <> GRANT <> TO KEEP YOUNG ATHLETES SAFE
``Sec. 220531. <> Grant to protect young athletes
from abuse
``(a) Authority.--The Attorney General may award a grant to an
eligible nonprofit nongovernmental entity in order to support oversight
of the United States Olympic Committee, each national governing body,
and each paralympic sports organization with regard to safeguarding
amateur athletes against abuse, including emotional, physical, and
sexual abuse in sports.
``(b) Applications.--To be eligible to receive a grant under this
section, a nonprofit nongovernmental entity shall submit an application
to the Attorney General at such time, in such manner, and containing
such information as the Attorney General may require, including
information that demonstrates that the entity has--
``(1) nationally recognized expertise in preventing and
investigating emotional, physical, and sexual abuse in the
athletic programs of the United States Olympic Committee, each
national governing body, and each paralympic sports
organization; and
``(2) the capacity to oversee regular and random audits to
ensure that the policies and procedures used by the United
States Olympic Committee, each national governing body, and each
paralympic sports organization to prevent and identify the abuse
of an amateur athlete are followed correctly.
``(c) Use of Grant Amount.--An entity that receives a grant under
this section may use such funds--
``(1) to develop and test new training materials for
emotional, physical, and sexual abuse prevention and
identification education in youth athletic programs;
``(2) for staff salaries, travel expenses, equipment,
printing, and other reasonable expenses necessary to develop,
maintain, and disseminate to the United States Olympic
Committee, each national governing body, each paralympic sports
organization, and other amateur sports organizations information
about safeguarding amateur athletes against abuse, including
emotional, physical, and sexual abuse in sports; and
[[Page 1128]]
``(3) to oversee the administration of the procedures
described in subsection (b)(2).
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $2,500,000 for each of the fiscal years
2018 through 2022.
``(2) Availability of grant funds.--Funds appropriated under
this section shall remain available until expended.''.
(b) Clerical Amendment.--The table of sections for chapter 2205 of
title 36, United States Code, <> is amended
by inserting after the item related to section 220529 the following:
``subchapter iii--grant to keep young athletes safe
``220531. Grant to protect young athletes from abuse.''.
TITLE IV--CONSENT OF CONGRESS TO AMENDMENTS TO THE CONSTITUTION OF THE
STATE OF ARIZONA
SEC. 401. CONSENT OF CONGRESS TO AMENDMENTS TO THE CONSTITUTION OF THE
STATE OF ARIZONA.
Congress consents to the amendments to the Constitution of the State
of Arizona proposed by House Concurrent Resolution 2001 of the 52nd
Legislature of the State of Arizona, First Special Session, 2015,
entitled ``A Concurrent Resolution Proposing an Amendment to the
Constitution of Arizona; Amending Article X, Section 7, Constitution of
Arizona; Amending Article XI, Constitution of Arizona, by Adding Section
11; Relating to Education Finance'', approved by the voters of the State
of Arizona at the special election held on May 17, 2016.
TITLE V--STOP <> SCHOOL VIOLENCE ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Student, Teachers, and Officers
Preventing School Violence Act of 2018'' or the ``STOP School Violence
Act of 2018''.
SEC. 502. GRANT PROGRAM FOR SCHOOL SECURITY.
Part AA of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10551 et seq.) is amended--
(1) in section 2701 (34 U.S.C. 10551)--
(A) by striking subsection (a) and inserting the
following:
``(a) In General.--
``(1) COPS grants.--The Director of the Office of Community
Oriented Policing Services (referred to in this part as the
`COPS Director') is authorized to make grants to States, units
of local government, and Indian tribes for the purposes
described in paragraphs (5) through (9) of subsection (b).
``(2) BJA grants.--The Director of the Bureau of Justice
Assistance (referred to in this part as the `BJA Director') is
authorized to make grants to States, units of local government,
and Indian tribes for the purposes described in paragraphs (1)
through (4) of subsection (b).'';
[[Page 1129]]
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by
inserting ``evidence-based school safety programs
that may include'' after ``through''; and
(ii) by striking paragraphs (1) through (6)
and inserting the following:
``(1) Training school personnel and students to prevent
student violence against others and self.
``(2) The development and operation of anonymous reporting
systems for threats of school violence, including mobile
telephone applications, hotlines, and Internet websites.
``(3) The development and operation of--
``(A) school threat assessment and intervention
teams that may include coordination with law enforcement
agencies and school personnel; and
``(B) specialized training for school officials in
responding to mental health crises.
``(4) Any other measure that, in the determination of the
BJA Director, may provide a significant improvement in training,
threat assessments and reporting, and violence prevention.
``(5) Coordination with local law enforcement.
``(6) Training for local law enforcement officers to prevent
student violence against others and self.
``(7) Placement and use of metal detectors, locks, lighting,
and other deterrent measures.
``(8) Acquisition and installation of technology for
expedited notification of local law enforcement during an
emergency.
``(9) Any other measure that, in the determination of the
COPS Director, may provide a significant improvement in
security.'';
(C) by redesignating subsections (c) through (f) as
subsections (e) through (h), respectively;
(D) by inserting after subsection (b) the following:
``(c) Contracts and Subawards.--A State, unit of local government,
or Indian tribe may, in using a grant under this part for purposes
authorized under subsection (b), use the grant to contract with or make
1 or more subawards to 1 or more--
``(1) local educational agencies;
``(2) nonprofit organizations, excluding schools; or
``(3) units of local government or tribal organizations.
``(d) Services and Benefits for Schools.--An entity that receives a
subaward or contract under subsection (c) may use such funds to provide
services or benefits described under subsection (b) to 1 or more
schools.'';
(E) in subsection (e), as so redesignated--
(i) by striking ``Director'' and inserting
``COPS Director and the BJA Director'';
(ii) by striking ``and has'' and inserting
``has''; and
(iii) by inserting before the period at the
end the following: ``, and will use evidence-based
strategies and programs, such as those identified
by the Comprehensive School Safety Initiative of
the Department of Justice'';
(F) in subsection (f), as so redesignated--
(i) in paragraph (1), by striking ``50
percent'' and inserting ``75 percent''; and
[[Page 1130]]
(ii) in paragraph (3), by striking ``Director
may'' and inserting ``COPS Director and the BJA
Director may each'';
(G) in subsection (g), as so redesignated, by
striking ``Director shall'' and inserting ``COPS
Director and the BJA shall each''; and
(H) in subsection (h), as so redesignated, by
striking ``Director may'' and inserting ``COPS Director
and the BJA Director may each'';
(2) in section 2702 (34 U.S.C. 10552)--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``the Director'' the
first place it appears and inserting
``the COPS Director or the BJA Director,
as the case may be,''; and
(II) by striking ``the Director
may'' and inserting ``the COPS Director
or the BJA Director may'';
(ii) in paragraph (1)(B), by striking ``and''
at the end;
(iii) in paragraph (2)--
(I) in the matter preceding
subparagraph (A), by striking ``child
psychologists'' and inserting ``licensed
mental health professionals''; and
(II) in subparagraph (B), by
striking the period at the end and
inserting a semicolon; and
(iv) by adding at the end the following:
``(3) include an assurance that the applicant shall maintain
and report such data, records, and information (programmatic and
financial) as the COPS Director or the BJA Director may
reasonably require;
``(4) include a certification, made in a form acceptable to
the COPS Director or the BJA Director, as the case may be,
that--
``(A) the programs to be funded by the grant meet
all the requirements of this part;
``(B) all the information contained in the
application is correct; and
``(C) the applicant will comply with all provisions
of this part and all other applicable Federal laws.'';
and
(B) in subsection (b)--
(i) by striking ``this part'' and inserting
``the STOP School Violence Act of 2018''; and
(ii) by striking ``Director shall'' and
inserting ``COPS Director and the BJA Director
shall each'';
(3) in section 2703 (34 U.S.C. 10553)--
(A) in the section heading, by inserting after
``congress'' the following: ``; grant
accountability'';
(B) by striking ``Not later'' and inserting the
following:
``(a) Annual Report.--Not later'';
(C) by striking ``Director shall'' and inserting
``COPS Director and the BJA Director shall each''; and
(D) by adding at the end the following:
``(b) Grant Accountability.--Section 3026 (relating to grant
accountability) shall apply to grants awarded by the COPS Director and
the BJA Director under this part. For purposes of the preceding
sentence, any references in section 3026 to the Attorney General
[[Page 1131]]
shall be considered references to the COPS Director or the BJA Director,
as appropriate, and any references in that section to part LL shall be
considered references to part AA.'';
(4) in section 2704 (34 U.S.C. 10554)--
(A) in paragraph (1)--
(i) by striking ``a public'' and inserting
``an''; and
(ii) by inserting ``, including a Bureau-
funded school (as defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021))''
after ``secondary school'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(4) the term `evidence-based' means a program, practice,
technology, or equipment that--
``(A) demonstrates a statistically significant
effect on relevant outcomes based on--
``(i) strong evidence from not less than 1
well-designed and well-implemented experimental
study;
``(ii) moderate evidence from not less than 1
well-designed and well-implemented quasi-
experimental study; or
``(iii) promising evidence from not less than
1 well-designed and well-implemented correlational
study with statistical controls for selection
bias;
``(B) demonstrates a rationale based on high-quality
research findings or positive evaluation that such
program, practice, technology, or equipment is likely to
improve relevant outcomes, and includes ongoing efforts
to examine the effects of the program, practice,
technology, or equipment; or
``(C) in the case of technology or equipment,
demonstrates that use of the technology or equipment
is--
``(i) consistent with best practices for
school security, including--
``(I) applicable standards for
school security established by a Federal
or State government agency; and
``(II) findings and recommendations
of public commissions and task forces
established to make recommendations or
set standards for school security; and
``(ii) compliant with all applicable codes,
including building and life safety codes; and
``(5) the term `tribal organization' has the same meaning
given the term in section 4(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304(l)).'';
(5) by striking section 2705 <> and
inserting the following:
``SEC. 2705. <> AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated--
``(1) $75,000,000 for fiscal year 2018, of which--
``(A) $50,000,000 shall be made available to the BJA
Director to carry out this part; and
``(B) $25,000,000 shall be made available to the
COPS Director to carry out this part; and
[[Page 1132]]
``(2) $100,000,000 for each of fiscal years 2019 through
2028, of which, for each fiscal year--
``(A) $67,000,000 shall be made available to the BJA
Director to carry out this part; and
``(B) $33,000,000 shall be made available to the
COPS Director to carry out this part.
``(b) Offset.--Any funds appropriated for the Comprehensive School
Safety Initiative of the National Institute of Justice in fiscal year
2018 shall instead be used for the purposes in subsection (a).''; and
(6) by adding at the end the following:
``SEC. 2706. <> RULES OF CONSTRUCTION.
``(a) No Funds To Provide Firearms or Training.--No amounts provided
as a grant under this part may be used for the provision to any person
of a firearm or training in the use of a firearm.
``(b) No Effect on Other Laws.--Nothing in this part may be
construed to preclude or contradict any other provision of law
authorizing the provision of firearms or training in the use of
firearms.''.
TITLE VI--FIX <> NICS ACT
SEC. 601. <> SHORT TITLE.
This title may be cited as the ``Fix NICS Act of 2018''.
SEC. 602. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS AND AGENCIES.
Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901) is amended--
(1) in subsection (e)(1), by adding at the end the
following:
``(F) Semiannual certification and reporting.--
``(i) In general.--The head of each Federal
department or agency shall submit a semiannual
written certification to the Attorney General
indicating whether the department or agency is in
compliance with the record submission requirements
under subparagraph (C).
``(ii) Submission dates.--The head of a
Federal department or agency shall submit a
certification to the Attorney General under clause
(i)--
``(I) not later than July 31 of each
year, which shall address all relevant
records, including those that have not
been transmitted to the Attorney
General, in possession of the department
or agency during the period beginning on
January 1 of the year and ending on June
30 of the year; and
``(II) not later than January 31 of
each year, which shall address all
relevant records, including those that
have not been transmitted to the
Attorney General, in possession of the
department or agency during the period
beginning on July 1 of the previous year
and ending on December 31 of the
previous year.
``(iii) Contents.--A certification required
under clause (i) shall state, for the applicable
period--
[[Page 1133]]
``(I) the total number of records of
the Federal department or agency
demonstrating that a person falls within
one of the categories described in
subsection (g) or (n) of section 922 of
title 18, United States Code;
``(II) for each category of records
described in subclause (I), the total
number of records of the Federal
department or agency that have been
provided to the Attorney General; and
``(III) the efforts of the Federal
department or agency to ensure complete
and accurate reporting of relevant
records, including efforts to monitor
compliance and correct any reporting
failures or inaccuracies.
``(G) Implementation plan.--
``(i) In general.--Not later than 1 year after
the date of enactment of this subparagraph, the
head of each Federal department or agency, in
coordination with the Attorney General, shall
establish a plan to ensure maximum coordination
and automated reporting or making available of
records to the Attorney General as required under
subparagraph (C), and the verification of the
accuracy of those records, including the pre-
validation of those records, where appropriate,
during a 4-year period specified in the plan. The
records shall be limited to those of an individual
described in subsection (g) or (n) of section 922
of title 18, United States Code.
``(ii) Benchmark requirements.--Each plan
established under clause (i) shall include annual
benchmarks to enable the Attorney General to
assess implementation of the plan, including--
``(I) qualitative goals and
quantitative measures;
``(II) measures to monitor internal
compliance, including any reporting
failures and inaccuracies;
``(III) a needs assessment,
including estimated compliance costs;
and
``(IV) an estimated date by which
the Federal department or agency will
fully comply with record submission
requirements under subparagraph (C).
``(iii) Compliance determination.--Not later
than the end of each fiscal year beginning after
the date of the establishment of a plan under
clause (i), the Attorney General shall determine
whether the applicable Federal department or
agency has achieved substantial compliance with
the benchmarks included in the plan.
``(H) Accountability.--The Attorney General shall
publish, including on the website of the Department of
Justice, and submit to the Committee on the Judiciary
and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives a
semiannual report that discloses--
[[Page 1134]]
``(i) the name of each Federal department or
agency that has failed to submit a required
certification under subparagraph (F);
``(ii) the name of each Federal department or
agency that has submitted a required certification
under subparagraph (F), but failed to certify
compliance with the record submission requirements
under subparagraph (C);
``(iii) the name of each Federal department or
agency that has failed to submit an implementation
plan under subparagraph (G);
``(iv) the name of each Federal department or
agency that is not in substantial compliance with
an implementation plan under subparagraph (G);
``(v) a detailed summary of the data, broken
down by department or agency, contained in the
certifications submitted under subparagraph (F);
``(vi) a detailed summary of the contents and
status, broken down by department or agency, of
the implementation plans established under
subparagraph (G); and
``(vii) the reasons for which the Attorney
General has determined that a Federal department
or agency is not in substantial compliance with an
implementation plan established under subparagraph
(G).
``(I) Noncompliance penalties.--For each of fiscal
years 2019 through 2022, each political appointee of a
Federal department or agency that has failed to certify
compliance with the record submission requirements under
subparagraph (C), and is not in substantial compliance
with an implementation plan established under
subparagraph (G), shall not be eligible for the receipt
of bonus pay, excluding overtime pay, until the
department or agency--
``(i) certifies compliance with the record
submission requirements under subparagraph (C); or
``(ii) achieves substantial compliance with an
implementation plan established under subparagraph
(G).
``(J) Technical assistance.--The Attorney General
may use funds made available for the national instant
criminal background check system established under
subsection (b) to provide technical assistance to a
Federal department or agency, at the request of the
department or agency, in order to help the department or
agency comply with the record submission requirements
under subparagraph (C).
``(K) Application to federal courts.--For purposes
of this paragraph--
``(i) the terms `department or agency of the
United States' and `Federal department or agency'
include a Federal court; and
``(ii) the Director of the Administrative
Office of the United States Courts shall perform,
for a Federal court, the functions assigned to the
head of a department or agency.''; and
[[Page 1135]]
(2) in subsection (g), by adding at the end the following:
``For purposes of the preceding sentence, not later than 60 days
after the date on which the Attorney General receives such
information, the Attorney General shall determine whether or not
the prospective transferee is the subject of an erroneous record
and remove any records that are determined to be erroneous. In
addition to any funds made available under subsection (k), the
Attorney General may use such sums as are necessary and
otherwise available for the salaries and expenses of the Federal
Bureau of Investigation to comply with this subsection.''.
SEC. 603. REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT PROGRAM.
(a) Requirements To Obtain Waiver.--Section 102 of the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40912) is amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``the Crime Identification
Technology Act of 1988 (42 U.S.C. 14601)'' and inserting
``section 102 of the Crime Identification Technology Act
of 1998 (34 U.S.C. 40301)''; and
(B) by inserting ``is in compliance with an
implementation plan established under subsection (b)
or'' before ``provides at least 90 percent of the
information described in subsection (c)''; and
(2) in subsection (b)(1)(B), by inserting ``or has
established an implementation plan under section 107'' after
``the Attorney General''.
(b) Implementation Assistance to States.--Section 103 of the NICS
Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended--
(1) in subsection (b)(3), by inserting before the semicolon
at the end the following: ``, including through increased
efforts to pre-validate the contents of those records to
expedite eligibility determinations'';
(2) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``and''; and
(ii) by inserting before the period at the end
the following: ``, and $125,000,000 for each of
fiscal years 2018 through 2022''; and
(B) by striking paragraph (2) and inserting the
following--
``(2) Domestic abuse and violence prevention initiative.--
``(A) Establishment.--For each of fiscal years 2018
through 2022, the Attorney General shall create a
priority area under the NICS Act Record Improvement
Program (commonly known as `NARIP') for a Domestic Abuse
and Violence Prevention Initiative that emphasizes the
need for grantees to identify and upload all felony
conviction records and domestic violence records.
``(B) Funding.--The Attorney General--
``(i) may use not more than 50 percent of the
amounts made available under this subsection for
each
[[Page 1136]]
of fiscal years 2018 through 2022 to carry out the
initiative described in subparagraph (A); and
``(ii) shall give a funding preference under
NARIP to States that--
``(I) have established an
implementation plan under section 107;
and
``(II) will use amounts made
available under this subparagraph to
improve efforts to identify and upload
all felony conviction records and
domestic violence records described in
clauses (i), (v), and (vi) of section
102(b)(1)(C) by not later than September
30, 2022.''; and
(3) by adding at the end the following:
``(g) Technical Assistance.--The Attorney General shall direct the
Office of Justice Programs, the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, and the Federal Bureau of Investigation to--
``(1) assist States that are not currently eligible for
grants under this section to achieve compliance with all
eligibility requirements; and
``(2) provide technical assistance and training services to
grantees under this section.''.
SEC. 604. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY IMPROVEMENT
PROGRAM.
(a) State Grant Program for Criminal Justice Identification,
Information, and Communication.--Section 102 of the Crime Identification
Technology Act of 1998 (34 U.S.C. 40301) is amended--
(1) in subsection (a)(3)--
(A) by redesignating subparagraphs (C), (D), and (E)
as subparagraphs (D), (E), and (F), respectively; and
(B) by inserting after subparagraph (B) the
following:
``(C) identification of all individuals who have
been convicted of a crime punishable by imprisonment for
a term exceeding 1 year'';
(2) in subsection (b)(6)--
(A) by striking ``(18 U.S.C. 922 note)'' and
inserting ``(34 U.S.C. 40901(b))''; and
(B) by inserting before the semicolon at the end the
following: ``, including through increased efforts to
pre-validate the contents of felony conviction records
and domestic violence records to expedite eligibility
determinations, and measures and resources necessary to
establish and achieve compliance with an implementation
plan under section 107 of the NICS Improvement
Amendments Act of 2007'';
(3) in subsection (d), by inserting after ``unless'' the
following: ``the State has achieved compliance with an
implementation plan under section 107 of the NICS Improvement
Amendments Act of 2007 or''; and
(4) in subsection (e)(1), by striking ``2002 through 2007''
and inserting ``2018 through 2022''.
(b) Grants for the Improvement of Criminal Records.--Section
106(b)(1) of the Brady Handgun Violence Prevention Act (34 U.S.C.
40302(1)) is amended--
(1) in the matter preceding subparagraph (A)--
[[Page 1137]]
(A) by striking ``as of the date of enactment of
this Act'' and inserting ``, as of the date of enactment
of the Fix NICS Act of 2018,''; and
(B) by striking ``files,'' and inserting the
following: ``files and that will utilize funding under
this subsection to prioritize the identification and
transmittal of felony conviction records and domestic
violence records,'';
(2) in subparagraph (B), by striking ``and'' at the end;
(3) in subparagraph (C)--
(A) by striking ``upon establishment of the national
system,''; and
(B) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following--
``(D) to establish and achieve compliance with an
implementation plan under section 107 of the NICS
Improvement Amendments Act of 2007.''.
SEC. 605. IMPROVING INFORMATION SHARING WITH THE STATES.
(a) In General.--Title I of the NICS Improvement Amendments Act of
2007 (34 U.S. 40911 et seq.) is amended by adding at the end the
following:
``SEC. 107. <> IMPLEMENTATION PLAN.
``(a) In General.--Not later than 1 year after the date of enactment
of the Fix NICS Act of 2018, the Attorney General, in coordination with
the States and Indian tribal governments, shall establish, for each
State or Indian tribal government, a plan to ensure maximum coordination
and automation of the reporting or making available of appropriate
records to the National Instant Criminal Background Check System
established under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901) and the verification of the accuracy of those
records during a 4-year period specified in the plan. The records shall
be limited to those of an individual described in subsection (g) or (n)
of section 922 of title 18, United States Code
``(b) Benchmark Requirements.--Each plan established under this
section shall include annual benchmarks to enable the Attorney General
to assess the implementation of the plan, including--
``(1) qualitative goals and quantitative measures; and
``(2) a needs assessment, including estimated compliance
costs.
``(c) Compliance Determination.--Not later than the end of each
fiscal year beginning after the date of the establishment of an
implementation plan under this section, the Attorney General shall
determine whether each State or Indian tribal government has achieved
substantial compliance with the benchmarks included in the plan.
``(d) Accountability.--The Attorney General--
``(1) shall disclose and publish, including on the website
of the Department of Justice--
``(A) the name of each State or Indian tribal
government that received a determination of failure to
achieve substantial compliance with an implementation
plan under subsection (c) for the preceding fiscal year;
and
``(B) a description of the reasons for which the
Attorney General has determined that the State or Indian
tribal government is not in substantial compliance with
the
[[Page 1138]]
implementation plan, including, to the greatest extent
possible, a description of the types and amounts of
records that have not been submitted; and
``(2) if a State or Indian tribal government described in
paragraph (1) subsequently receives a determination of
substantial compliance, shall--
``(A) immediately correct the applicable record; and
``(B) not later than 3 days after the determination,
remove the record from the website of the Department of
Justice and any other location where the record was
published.
``(e) Incentives.--For each of fiscal years 2018 through 2022, the
Attorney General shall give affirmative preference to all Bureau of
Justice Assistance discretionary grant applications of a State or Indian
tribal government that received a determination of substantial
compliance under subsection (c) for the fiscal year in which the grant
was solicited.''.
(b) Table of Contents.--The table of contents in section 1(b) of the
NICS Improvement Amendments Act of 2007 (Public Law 110-180; 121 Stat.
2559) is amended by inserting after the item relating to section 106 the
following:
``Sec. 107. Implementation plan.''.
TITLE VII--STATE SEXUAL RISK AVOIDANCE EDUCATION PROGRAM
SEC. 701. FULL PAYMENT BY SECRETARY FOR STATE SEXUAL RISK AVOIDANCE
EDUCATION PROGRAM.
(a) In General.--Paragraph (1) of section 510(d) of the Social
Security Act (42 U.S.C. 710(d)) is amended by inserting before the
period at the end the following: ``, except that section 503(a) shall be
applied by substituting `the total of the sums' for `four-sevenths of
the total of the sums' ''.
(b) Technical Corrections.--Section 510(a)(1)(A) of the Social
Security Act (42 U.S.C. 710(a)(1)(A)) is amended--
(1) by striking ``subsection (e)(1)'' and inserting
``subsection (f)(1)''; and
(2) by striking ``subsection (e)(2)'' and inserting
``subsection (f)(2)''.
TITLE VIII--SMALL <>
BUSINESS CREDIT AVAILABILITY ACT
SEC. 801. <> SHORT TITLE.
This title may be cited as the ``Small Business Credit Availability
Act''.
SEC. 802. EXPANDING ACCESS TO CAPITAL FOR BUSINESS DEVELOPMENT
COMPANIES.
(a) In General.--Section 61(a) of the Investment Company Act of 1940
(15 U.S.C. 80a-60(a)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
[[Page 1139]]
(2) by striking paragraph (1) and inserting the following:
``(1) Except as provided in paragraph (2), the asset
coverage requirements of subparagraphs (A) and (B) of section
18(a)(1) (and any related rule promulgated under this Act)
applicable to business development companies shall be 200
percent.
``(2) The asset coverage requirements of subparagraphs (A)
and (B) of section 18(a)(1) and of subparagraphs (A) and (B) of
section 18(a)(2) (and any related rule promulgated under this
Act) applicable to a business development company shall be 150
percent if--
``(A) not later than 5 business days after the date
on which those asset coverage requirements are approved
under subparagraph (D) of this paragraph, the business
development company discloses that the requirements were
approved, and the effective date of the approval, in--
``(i) any filing submitted to the Commission
under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a); 78o(d));
and
``(ii) a notice on the website of the business
development company;
``(B) the business development company discloses, in
each periodic filing required under section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a))--
``(i) the aggregate outstanding principal
amount or liquidation preference, as applicable,
of the senior securities issued by the business
development company and the asset coverage
percentage as of the date of the business
development company's most recent financial
statements included in that filing;
``(ii) that the business development company,
under subparagraph (D), has approved the asset
coverage requirements under this paragraph; and
``(iii) the effective date of the approval
described in clause (ii);
``(C) with respect to a business development company
that is an issuer of common equity securities, each
periodic filing of the company required under section
13(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a)) includes disclosures that are reasonably
designed to ensure that shareholders are informed of--
``(i) the amount of senior securities (and the
associated asset coverage ratios) of the company,
determined as of the date of the most recent
financial statements of the company included in
that filing; and
``(ii) the principal risk factors associated
with the senior securities described in clause
(i), to the extent that risk is incurred by the
company; and
``(D) the company--
``(i)(I) through a vote of the required
majority (as defined in section 57(o)), approves
the application of this paragraph to the company,
to become effective on the date that is 1 year
after the date of the approval; or
``(II) obtains, at a special or annual meeting
of shareholders or partners at which a quorum is
present, the approval of more than 50 percent of
the votes
[[Page 1140]]
cast for the application of this paragraph to the
company, to become effective on the first day
after the date of the approval; and
``(ii) if the company is not an issuer of
common equity securities that are listed on a
national securities exchange, extends, to each
person that is a shareholder as of the date of an
approval described in subclause (I) or (II) of
clause (i), as applicable, the opportunity (which
may include a tender offer) to sell the securities
held by that shareholder as of that applicable
approval date, with 25 percent of those securities
to be repurchased in each of the 4 calendar
quarters following the calendar quarter in which
that applicable approval date takes place.''.
(b) Conforming Amendments.--
(1) Investment advisers act of 1940.--Section 205(b)(3) of
the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(b)(3)) is
amended--
(A) by striking ``section 61(a)(3)(B)(iii)'' and
inserting ``section 61(a)(4)(B)(iii)''; and
(B) by striking ``section 61(a)(3)(B)'' and
inserting ``section 61(a)(4)(B)''.
(2) Investment company act of 1940.--The Investment Company
Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended--
(A) in section 57 (15 U.S.C. 80a-56)--
(i) in subsection (j)(1), by striking
``section 61(a)(3)(B)'' and inserting ``section
61(a)(4)(B)''; and
(ii) in subsection (n)(2), by striking
``section 61(a)(3)(B)'' and inserting ``section
61(a)(4)(B)''; and
(B) in section 63(3) (15 U.S.C. 80a-62(3)), by
striking ``section 61(a)(3)'' and inserting ``section
61(a)(4)''.
SEC. 803. <> PARITY FOR BUSINESS DEVELOPMENT
COMPANIES REGARDING OFFERING AND PROXY RULES.
(a) Definitions.--In this section--
(1) the term ``business development company'' has the
meaning given the term in section 2(a) of the Investment Company
Act of 1940 (15 U.S.C. 80a-2(a));
(2) the term ``Commission'' means the Securities and
Exchange Commission;
(3) the term ``Form N-2'' means the form described in
section 239.14 of title 17, Code of Federal Regulations;
(4) the term ``Form S-3'' means the form described in
section 239.13 of title 17, Code of Federal Regulations; and
(5) the term ``Schedule 14A'' means the information required
under section 240.14a-101 of title 17, Code of Federal
Regulations.
(b) Revision to Rules.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall make the revisions
described in paragraph (2) to allow a business development
company that has filed an election under section 54 of the
Investment Company Act of 1940 (15 U.S.C. 80a-53) to use the
securities offering and proxy rules that are available to other
issuers that are required to file reports under section 13(a) or
section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a); 78o(d)).
[[Page 1141]]
(2) Required revisions.--The revisions described in this
paragraph are revisions to--
(A) section 230.405 of title 17, Code of Federal
Regulations--
(i) to remove the exclusion of a business
development company from the definition of the
term ``well-known seasoned issuer'' under that
section; and
(ii) to add a registration statement filed on
Form N-2 to the definition of the term ``automatic
shelf registration statement'' under that section;
(B) sections 230.168 and 230.169 of title 17, Code
of Federal Regulations, to remove the exclusion of a
business development company from an issuer that is
eligible for the exemptions under those sections;
(C) section 230.163 of title 17, Code of Federal
Regulations, to remove a business development company
from the list of issuers that are ineligible for the
exemption under that section;
(D) section 230.163A of title 17, Code of Federal
Regulations, to remove the communications made by a
business development company from the list of
communications that are ineligible for the exemption
under that section;
(E) section 230.134 of title 17, Code of Federal
Regulations, to remove the exclusion of a communication
relating to a business development company from the
application of that section;
(F) sections 230.138 and 230.139 of title 17, Code
of Federal Regulations, to specifically include a
business development company as an issuer to which those
sections apply;
(G) section 230.156 of title 17, Code of Federal
Regulations, to provide that nothing in that section may
be construed to prevent a business development company
from qualifying for an exemption under section 230.168
or 230.169 of title 17, Code of Federal Regulations, as
amended by the Commission in accordance with the
requirements of this section;
(H) section 230.164 of title 17, Code of Federal
Regulations, to remove a business development company
from the list of issuers that are excluded under that
section;
(I) section 230.433 of title 17, Code of Federal
Regulations, to specifically include a business
development company that is a well-known seasoned issuer
as an issuer to which that section applies;
(J) section 230.415 of title 17, Code of Federal
Regulations to state that the registration for
securities under section 230.415(a)(1)(x) of title 17,
Code of Federal Regulations, includes securities
registered on Form N-2 by a business development company
that would otherwise meet the eligibility requirements
of Form S-3;
(K) section 230.497 of title 17, Code of Federal
Regulations, to include a process for a business
development company to file a form of prospectus in the
same manner as the process for filing a form of
prospectus under section 230.424(b) of title 17, Code of
Federal Regulations;
(L) sections 230.172 and 230.173 of title 17, Code
of Federal Regulations, to remove the exclusion of an
offering
[[Page 1142]]
of a business development company from the application
of those sections;
(M) section 230.418 of title 17, Code of Federal
Regulations, to provide that a business development
company that would otherwise meet the eligibility
requirements of Form S-3 shall be exempt from paragraph
(a)(3) of that section;
(N) Schedule 14A to revise item 13(b)(1) of that
Schedule to include a business development company that
would otherwise meet the requirements of note E of that
Schedule as an issuer to which that item applies;
(O) section 243.103 of title 17, Code of Federal
Regulations, to provide that paragraph (a) of that
section applies for the purposes of Form N-2; and
(P) item 34 on Form N-2 to require a business
development company to provide undertakings that are no
more restrictive than the undertakings that are required
of a registrant under section 229.512 of title 17, Code
of Federal Regulations.
(c) Revision to Form N-2.--Not later than 1 year after the date of
enactment of this Act, the Commission shall revise Form N-2--
(1) to include an item or instruction that is similar to
item 12 on Form S-3 to provide that a business development
company that would otherwise meet the requirements of Form S-3
shall incorporate by reference the reports and documents filed
by the business development company under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) into the
registration statement of the business development company filed
on Form N-2; and
(2) to include an item or instruction that is similar to the
instruction regarding automatic shelf offerings by well-known
seasoned issuers on Form S-3 to provide that a business
development company that is a well-known seasoned issuer may
file automatic shelf offerings on Form N-2.
(d) Treatment if Revisions Not Completed in Timely Manner.--If the
Commission fails to complete the revisions required under subsections
(b) and (c) by the dates described in those subsections, a business
development company, during the period beginning on the date that is 1
day after 1 year after the date of enactment of this Act and ending on
the date that the Commission completes those revisions, may deem those
revisions to have been completed in accordance with the actions required
to be taken by the Commission under those subsections.
(e) Rules of Construction.--
(1) Treatment of successor regulations and forms.--Any
reference in this section to a regulation or form shall be
construed as a reference to--
(A) that regulation or form, as in effect on the day
before the date of enactment of this Act; or
(B) any successor to that regulation or form.
(2) Distribution of sales material.--Nothing in this
section, or in the amendments made pursuant to the requirements
of this section, may be construed to prevent a business
development company from distributing sales material under
section 230.482 of title 17, Code of Federal Regulations.
[[Page 1143]]
TITLE IX--SMALL <> BUSINESS ACCESS TO CAPITAL AFTER A NATURAL DISASTER ACT
SEC. 901. <> SHORT TITLE.
This title may be cited as the ``Small Business Access to Capital
After a Natural Disaster Act''.
SEC. 902. EXPANDING ACCESS TO CAPITAL FOR SMALL BUSINESSES IMPACTED BY A
NATURAL DISASTER.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended--
(1) in subsection (j)(4)(C), by striking ``minority-owned
and women-owned small businesses'' and inserting ``minority-
owned small businesses, women-owned small businesses, and small
businesses affected by hurricanes or other natural disasters'';
and
(2) in subsection (j)(6)(B)(iii), by striking ``minority-
owned and women-owned small businesses'' and inserting
``minority-owned small businesses, women-owned small businesses,
and small businesses affected by hurricanes or other natural
disasters''.
TITLE X--TAYLOR <> FORCE ACT
SEC. 1001. <> SHORT TITLE.
This title may be cited as the ``Taylor Force Act''.
SEC. 1002. <